HB 1798-1_ Filed 04/24/2003, 21:07
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1798
Citations Affected:
IC 8-1.5-3-3
;
IC 8-1.5-5
;
IC 13-11-2
;
IC 13-14-9-3
;
IC 13-17-5-6.7
;
IC 13-17-5-9
;
IC 13-18-23
;
IC 36-9-27-114.
Synopsis: Environmental management. Conference committee report for EHB 1798. Allows
a third class city to adopt an ordinance providing for the control of any or all of its storm water
facilities by the board that controls the municipality's municipally owned utilities. Amends the
definition of a board of a department of storm water management. Provides that a board does not
have exclusive jurisdiction over the collection and disposal of storm water in the district.
Enumerates factors that must be used to establish user fees and allows different fee schedules
based on certain factors. Allows a county other than Marion County to establish a department
of storm water management under certain circumstances. (Current law provides that the
department of public works acts as the department of storm water management in Marion
County.) Provides that the drainage board of a county that has not adopted an ordinance to
establish a department of storm water management may establish fees for services provided by
the board to address issues of storm water quality and quantity. Requires a department to
maintain private property if the department uses the property for storm water collection or
disposal and obtains the consent of the owner. Makes conforming changes. Provides that a
person may not be required to screen a storm water outfall if the pipe diameter of the storm water
outfall is less than 24 inches. Establishes a program for the issuance of permits for filling,
dredging, or excavating certain wetlands. Prohibits the air pollution control board (board) from
adopting rules to require motor vehicle emissions testing in Clark County and Floyd County after
December 31, 2006. Allows the budget agency to approve testing if necessary to avoid a loss of
federal highway funding. Prohibits a person from being charged a fee for vehicle emission
testing. (This conference committee report: (1) permits only a third class city to adopt an
ordinance providing for the control of any or all of its storm water facilities by the board
that controls the municipality's municipally owned utilities; (2) deletes the provision that,
if a city adopts such an ordinance, the city is not subject to certain procedures prescribed
for the sharing of costs of repairing or replacing a combined storm water and sanitary
sewer system; (3) requires a department to maintain private property if the department
uses the property for storm water collection or disposal and obtains the consent of the
owner; (4) makes the county surveyor a voting member of a board of directors of a
department in a county and provides that the surveyor's designee may not serve in place
of the surveyor; (5) provides that the amount of user fees must be the minimum amount
necessary for the operation and maintenance of the storm water system; (6) requires the
board to use certain factors in establishing user fees; (7) provides that a person may not be
required to screen a storm water outfall if the pipe diameter of the storm water outfall is
less than 24 inches; (8) establishes a program for the issuance of permits for filling,
dredging, or excavating certain wetlands; and (9) adds the provisions concerning motor
vehicle emission testing.)
Effective: Upon passage; July 1, 2003.
CONFERENCE COMMITTEE REPORT
MR. PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1798 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental management.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 8-1.5-3-3; (03)CC179806.1.1. -->
SECTION 1.
IC 8-1.5-3-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The legislative body of a
municipality may, by ordinance, provide for the control of any or all of
its municipally owned utilities by:
(1) the municipal works board;
(2) a board consisting of the members of the municipal legislative
body;
(3) a utility service board established under subsection
(e) (f) or
established before January 1, 1983, under
IC 8-1-2-100
(repealed);
or
(4) the board of directors of a department of waterworks
established under
IC 8-1.5-4.
The legislative body of a third class city also may adopt an
ordinance under this subsection to provide for the control of any
or all of its storm water facilities by a board described in
subdivisions (1) through (4). An ordinance granting control of any
or all of a third class city's storm water facilities to a board
described in this subsection may be separate from or combined
with an ordinance granting control of the third class city's
municipally owned utilities to a board described in this subsection.
(b) If, at the time an ordinance is adopted under subsection (a) to
grant control of any or all of a third class city's storm water
facilities to a board described in subsection (a) the third class city
has a department of storm water management under
IC 8-1.5-5
,
the ordinance must specify a procedure for the transition of control
of the affected storm water facilities from the board of directors of
the department of storm water management to the board described
in subsection (a).
(c) The registered voters of a municipality may file a petition
addressed to the legislative body requesting that the question of the
creation of a utility service board be submitted to a referendum. The
petition must be signed by at least the number of the registered voters
of the municipality required under
IC 3-8-6-3
to place a candidate on
the ballot.
(c) (d) Within thirty (30) days after a petition is filed, the municipal
clerk shall certify to the legislative body and to the county election
board that a sufficient petition has been filed.
(d) (e) Following certification, the legislative body shall submit the
question of the creation of a utility service board to a referendum at the
next election. The question shall be submitted to the registered voters
of the municipality by placement on the ballot in the form prescribed
by
IC 3-10-9-4
and must state:
"Shall the legislative body of the municipality of _____________
adopt an ordinance providing for the appointment of a utility service
board to operate ____________ (Insert name of utility here)?".
(e) (f) If a majority of the voters voting on the question vote for the
creation of a utility service board, the legislative body shall, by
ordinance, establish a utility service board consisting of not less than
three (3) nor more than seven (7) members. Not more than two-thirds
(2/3) of the members may be of the same political party. All members
must be residents of the area served by the board. The ordinance must
provide for:
(1) a majority of the members to be appointed by the executive and
a minority of the members to be appointed by the legislative body;
(2) the terms of the members, which may not exceed four (4) years,
with initial terms prescribed so that the members' terms will be
staggered;
(3) the salaries, if any, to be paid to the members; and
(4) the selection by the board of a chairman, who shall not be
considered the head of a department for purposes of
IC 36-4-9-2.
(f) (g) The registered voters of the municipality may also file a
petition requesting that the question of the abolition of the utility
service board be submitted to a referendum. The procedure for filing
of the petition and the referendum is the same as that prescribed by
subsections (b) (c) through (d). (e).
SOURCE: IC 8-1.5-5-1; (03)CC179806.1.2. -->
SECTION 2.
IC 8-1.5-5-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. This chapter applies to each:
(1) municipality; and
(2) county that:
(A) does not have a consolidated city; and
(B) receives notification from the department of
environmental management that the county will be subject
to storm water regulation under 327 IAC 15-13;
that adopts the provisions of this chapter by ordinance.
SOURCE: IC 8-1.5-5-1.5; (03)CC179806.1.3. -->
SECTION 3.
IC 8-1.5-5-1.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.5. The definitions in
IC 36-1-2
apply
throughout this chapter.
SOURCE: IC 8-1.5-5-2; (03)CC179806.1.4. -->
SECTION 4.
IC 8-1.5-5-2
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this chapter,
"board" means the following:
(1) For a consolidated city, the board of public works established
by
IC 36-3-5-6.
(2) For all other municipalities, the:
(A) board of directors described in section 4 of this chapter; or
(B) board that controls the third class city's municipally
owned utilities under
IC 8-1.5-3-3
(a) if the city has adopted
an ordinance under
IC 8-1.5-3-3
(a) that provides for the
control of any or all of the city's storm water facilities by the
board that controls the city's municipally owned utilities.
(3) For a county:
(A) the county executive; and
(B) the county surveyor.
SOURCE: IC 8-1.5-5-3; (03)CC179806.1.5. -->
SECTION 5.
IC 8-1.5-5-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this chapter,
"department" means the following:
(1) For a consolidated city, the department of public works.
(2) For all other municipalities, the department of storm water
management established under section 4 of this chapter.
(3) For a county, the department of storm water management
established under section 4.5 of this chapter.
SOURCE: IC 8-1.5-5-4; (03)CC179806.1.6. -->
SECTION 6.
IC 8-1.5-5-4
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 4. (a) This section applies to all
municipalities except a consolidated city.
(b) If the legislative body of a municipality adopts the provisions of
this chapter by ordinance, a department of storm water management is
established and is controlled by a board of directors.
(c) Except as provided in subsection subsections (f) and (g), the
board consists of three (3) directors. The executive of the municipality
shall appoint the directors, not more than two (2) of whom may be of
the same political party.
(d) Except as provided in subsection subsections (f) and (g), the
legislative body shall prescribe, by ordinance, the terms of the
directors. However, the legislative body must prescribe the initial terms
of the directors so that they will be staggered.
(e) The executive may remove a director at any time when, in the
judgment of the executive, it is for the best interest of the department.
(f) If a second class city has a department of public sanitation under
IC 36-9-25
, the executive of the city may appoint the members of the
board of sanitary commissioners as the board of directors of the
department of storm water management. The terms of the members of
the board of directors are the same as the terms of the members of the
board of sanitary commissioners under
IC 36-9-25-4.
(g) If a third class city:
(1) has a board that controls the city's municipally owned
utilities under
IC 8-1.5-3-3
(a); and
(2) has adopted an ordinance under
IC 8-1.5-3-3
(a) that
provides for the control of any or all of the city's storm water
facilities by the board that controls the city's municipally
owned utilities;
the members of the board that controls the city's municipally
owned utilities shall serve as the board of directors of the
department of storm water management, subject to any transition
procedure specified in the ordinance under
IC 8-1.5-3-3
(b). The
terms of the members of the board of directors are the same as the
terms of the members of the board that controls the city's
municipally owned utilities under
IC 8-1.5-3-3
(a), subject to the
completion of any transition procedure specified in the ordinance
under
IC 8-1.5-3-3
(b).
(h) A member of the board of directors of the department of storm
water management who:
(1) is appointed under subsection (f); or
(2) is a member of the board under subsection (g) and receives
a salary as a member of the board that controls the third class
city's municipally owned utilities;
is not entitled to a salary for serving as a member of the board of
directors of the department of storm water management. However, a
member shall be reimbursed for necessary expenses incurred by the
member in the performance of official duties.
SOURCE: IC 8-1.5-5-4.5; (03)CC179806.1.7. -->
SECTION 7.
IC 8-1.5-5-4.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 4.5. (a) This section applies to a county.
(b) If the county executive adopts the provisions of this chapter
by ordinance, a department of storm water management is
established and is controlled by a board of directors.
(c) An ordinance adopted under this section shall provide for the
appointment of:
(1) the members of the county executive; and
(2) the county surveyor;
as the board of directors of the department. The term of office of
a member of the board who is appointed from the membership of
the county executive is coextensive with the member's term of
office on the county executive. The term of the surveyor or the
surveyor's designee as a member of the board is coextensive with
the surveyor's term of office.
(d) A member of the board of directors is not entitled to a salary
or per diem for serving as a member of the board of directors.
However, a member shall be reimbursed for necessary expenses
incurred by the member in the performance of official duties.
SOURCE: IC 8-1.5-5-5; (03)CC179806.1.8. -->
SECTION 8.
IC 8-1.5-5-5
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) The legislative body
shall, in the ordinance adopting the provisions of this chapter create
creates a special taxing district that includes the following:
(1) For a consolidated city, all of the territory of the county
containing the consolidated city.
(2) For all other municipalities, all territory within the corporate
boundaries of the municipality.
(3) For a county, all the territory in the county that is not
located in a municipality.
(b) As to each municipality to which this chapter applies, including
a consolidated city, All the territory within the district constitutes a
special taxing district for the purpose of providing for the collection
and disposal of storm water of the district in a manner that protects the
public health and welfare and for the purpose of levying special benefit
taxes for purposes of storm water collection and disposal. All area
territory in the district and all area territory added to the district is
considered to have received a special benefit from the storm water
collection and disposal facilities of the district equal to or greater than
the special taxes imposed on the area by territory under this chapter
in order to pay all or part of the costs of such facilities.
SOURCE: IC 8-1.5-5-6; (03)CC179806.1.9. -->
SECTION 9.
IC 8-1.5-5-6
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The board has the powers
and duties prescribed by
IC 8-1.5-3-4
(a). In addition, the board may:
(1) hold hearings following public notice;
(2) make findings and determinations;
(3) install, maintain, and operate a storm water collection and
disposal system;
(4) make all necessary or desirable improvements of the grounds
and premises under its control; and
(5) issue and sell bonds of the district in the name of the
municipality unit served by the department for the acquisition,
construction, alteration, addition, or extension of the storm water
collection and disposal system or for the refunding of any bonds
issued by the board.
(b) The board has exclusive jurisdiction over the collection and
disposal of storm water within the district.
SOURCE: IC 8-1.5-5-7; (03)CC179806.1.10. -->
SECTION 10.
IC 8-1.5-5-7
, AS AMENDED BY P.L.176-2002,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) The acquisition, construction,
installation, operation, and maintenance of facilities and land for storm
water systems may be financed through:
(1) proceeds of special taxing district bonds of the storm water
district;
(2) the assumption of liability incurred to construct the storm water
system being acquired;
(3) service rates;
(4) revenue bonds; or
(5) any other available funds.
(b) The board, after
holding a public hearing with notice given
under
IC 5-3-1
and obtaining the approval by of the legislative fiscal
body of the municipality, unit served by the department, may assess
and collect user fees from all of the property of the storm water district
for the operation and maintenance of the storm water system. The
amount of the user fees must be the minimum amount necessary
for the operation and maintenance of the storm water system. The
assessment and collection of user fees under this subsection by the
board of a county must also be approved by the county executive.
(c) The collection of the fees authorized by this section may be
effectuated through a periodic billing system or through a charge
appearing on the semiannual property tax statement of the affected
property owner.
(d) The board shall use one (1) or more of the following factors
to establish the fees authorized by this section:
(1) A flat charge for each lot, parcel of property, or building.
(2) The amount of impervious surface on the property.
(3) The number and size of storm water outlets on the
property.
(4) The amount, strength, or character of storm water
discharged.
(5) The existence of improvements on the property that address
storm water quality and quantity issues.
(6) The degree to which storm water discharged from the
property affects water quality in the storm water district.
(7) Any other factors the board considers necessary.
(e) The board may exercise reasonable discretion in adopting
different schedules of fees or making classifications in schedules of
fees based on:
(1) variations in the costs, including capital expenditures, of
furnishing services to various classes of users or to various
locations;
(2) variations in the number of users in various locations; and
(3) whether the property is used primarily for residential,
commercial, or agricultural purposes.
SOURCE: IC 8-1.5-5-12; (03)CC179806.1.11. -->
SECTION 11.
IC 8-1.5-5-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) If the board
acquires a storm water system and assumes the liability incurred by the
seller to construct the storm water system, the principal and interest on
the liability so assumed shall be paid from the bond and interest
redemption account in the same manner as bonds of the district would
be paid, and the board shall set aside sufficient revenues to comply
with the requirements of the instrument creating the liability.
(b) A
municipality unit acquiring a storm water system may not
assume any liability for the payment of a secured debt or charge other
than the obligation to apply the revenues in the manner prescribed in
the ordinance.
(c) The board may issue bonds in exchange for, or satisfaction of, the
liability assumed in the acquisition of a storm water system. The bonds
so issued may not be issued at less than ninety-seven percent (97%) of
the par value thereof in exchange for, or satisfaction of, the liability.
Notwithstanding section 13(c) of this chapter, bonds issued in
exchange for, or satisfaction of, the liability need not be sold in
accordance with
IC 5-1-11.
However, the interest rate on such bonds
may not exceed the average yield on municipal revenue bonds of
comparable credit rating and maturity as of the end of the week
immediately preceding the issuance of the bonds.
SOURCE: IC 8-1.5-5-15; (03)CC179806.1.12. -->
SECTION 12.
IC 8-1.5-5-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) All money
received from bonds issued under this chapter shall be applied solely
to the acquisition, construction, repair, and maintenance of the storm
water system, the cost of the issuance of the bonds, and the creation of
any reserve for the bonds.
(b) Any holder of the bonds may bring a civil action to compel
performance of all duties required by this chapter of the board issuing
the bonds or of any officer of the board, including the following:
(1) Making and collecting reasonable and sufficient user fees
lawfully established for service rendered by the storm water
system.
(2) Segregating the income and revenues of the department.
(3) Applying the respective funds created under this chapter.
(c) If there is any default in the payment of the principal or interest
of any of the bonds, a court having jurisdiction of the action may:
(1) appoint an administrator or receiver to administer the storm
water system on behalf of the municipality unit served by the
department and the bondholders, with power to:
(A) charge and collect user fees lawfully established sufficient
to provide for the payment of the operating expenses and also to
pay any bonds or obligations outstanding against the storm water
system; and
(B) apply the income and revenues in conformity with this
chapter and the ordinance; or
(2) declare the whole amount of the bonds due and payable and
direct the sale of the storm water system.
Under a sale ordered under subdivision (2), the purchaser is vested
with an indeterminate permit as defined in
IC 8-1-2-1
to maintain and
operate the storm water system to collect and dispose of storm water
for the municipality unit served by the department and its citizens.
SOURCE: IC 8-1.5-5-16; (03)CC179806.1.13. -->
SECTION 13.
IC 8-1.5-5-16
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a)
This
section applies to a municipality.
(b) The reasonable cost and value of any service rendered to the
municipality by the storm water system by furnishing storm water
collection and disposal shall be:
(1) charged against the municipality; and
(2) paid for
in monthly installments as the service accrues out of:
the:
(A)
the current revenues of the municipality, collected or in
process of collection;
and or
(B)
the tax levy of the municipality made by it to raise money to
meet its necessary current expenses.
(b) (c) The compensation for the service provided to the municipality
shall, in the manner prescribed by this chapter, be treated as revenues
of the system and paid into the funds created under this chapter.
SOURCE: IC 8-1.5-5-16.5; (03)CC179806.1.14. -->
SECTION 14.
IC 8-1.5-5-16.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 16.5. (a) This section applies
to a county.
(b) The reasonable cost and value of any service rendered to the
county by the storm water system by furnishing storm water
collection and disposal shall be:
(1) charged against all the territory in the county, except
territory within a municipality; and
(2) paid for as the service accrues out of:
(A) the current revenues of the county, collected or in
process of collection; or
(B) the tax levy of the county made by the county to raise
money to meet the county's necessary current expenses.
(c) The compensation for the service provided to the county shall,
in the manner prescribed by this chapter, be treated as revenues of
the system and paid into the funds created under this chapter.
SOURCE: IC 8-1.5-5-20; (03)CC179806.1.15. -->
SECTION 15.
IC 8-1.5-5-20
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20. All real
property, rights-of-way, or other property acquired by purchase or
appropriation shall be taken and held in the name of the municipality.
unit served by the department.
SOURCE: IC 8-1.5-5-21; (03)CC179806.1.16. -->
SECTION 16.
IC 8-1.5-5-21
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 21. (a) To procure
money to pay for the required property and the acquisition, erection,
and construction of the proposed work, and in anticipation of the
collection of the special benefit tax, the board may issue, in the name
of the
municipality, unit served by the department, special taxing
district bonds of the storm water district. The bonds may not exceed the
total estimated cost of the work and property to be acquired as provided
for in the resolution, including:
(1) all expenses necessarily incurred for supervision and inspection
during the period of construction; and
(2) expenses actually incurred preliminary to the acquiring of the
necessary property and the construction of the work, including the
cost of records, engineering expenses, publication of notices,
salaries, and other expenses incurred, before and in connection
with the acquiring of the property, the letting of the contract, and
the sale of bonds.
(b) After adopting a resolution authorizing the bonds, the board shall
certify a copy of the resolution to the
municipal fiscal officer, who shall
then prepare the bonds. The
municipal executive shall execute the
bonds, and the fiscal officer shall attest the bonds.
(c) The board may not issue bonds of the storm water district,
payable by a special benefit property tax, when the total of the
outstanding bonds of the district that are payable from a special benefit
property tax, including the bonds already issued and to be issued,
exceeds eight percent (8%) of the total adjusted value of taxable
property in the district as determined under
IC 36-1-15.
For purposes
of this section, bonds are not considered to be outstanding bonds if the
payment has been provided for by an irrevocable deposit in escrow of
government obligations sufficient to pay the bonds when due or called
for redemption.
(d) The bonds are not a corporate obligation or indebtedness of the
municipality unit but are an indebtedness of the storm water district.
The bonds and interest are payable:
(1) out of a special benefit tax levied upon all of the property of the
storm water district; or
(2) by any other means including revenues, cash on hand, and cash
in depreciation or reserve accounts.
(e) The bonds must recite the terms upon their face, together with the
purpose for which they are issued.
SOURCE: IC 8-1.5-5-22; (03)CC179806.1.17. -->
SECTION 17.
IC 8-1.5-5-22
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 22. (a) To raise the
necessary revenues to pay for the bonds issued and the interest on the
bonds, the board:
(1) after approval by the legislative fiscal body of the municipality,
unit served by the department, shall levy a special benefit tax
upon all the property of the storm water district in the amount
necessary to meet and pay the principal of the bonds as they
severally mature, together with all accruing interest; and
(2) shall certify the tax levied each year to the fiscal officers
officer of the municipality and of the county in which the storm
water district is located, unit served by the department at the
same time the levy of the municipality is and in the same manner
as other levies of the unit are certified.
The tax levied and certified shall be estimated and entered upon the tax
duplicate and shall be collected and enforced in the same manner as
state and county taxes are estimated, entered, and enforced.
(b) In fixing the amount of the necessary levy, the board:
(1) shall consider the amount of revenues derived by the board
from the operation of the storm water system under its jurisdiction
above the amount of revenues required to pay the cost of operation
and maintenance of the storm water system; and
(2) may, in lieu of making the levy in this section, set aside by
resolution a specific amount of the surplus revenues to be collected
before maturity of the principal and interest of the bonds payable
in the following calendar year.
(c) The special tax shall be deposited in the bond and interest
redemption account.
SOURCE: IC 8-1.5-5-23; (03)CC179806.1.18. -->
SECTION 18.
IC 8-1.5-5-23
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 23. (a) The board
may not issue any bonds authorized by this chapter until it has secured
the approval for the issuance of the bonds from the legislative fiscal
body of the municipality. unit served by the department.
(b)
IC 6-1.1-20
applies to the issuance of bonds under this chapter
which are or may be payable from the special benefit property tax.
SOURCE: IC 8-1.5-5-27; (03)CC179806.1.19. -->
SECTION 19.
IC 8-1.5-5-27
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 27. If the department:
(1) uses private property for storm water collection or
disposal; and
(2) obtains the consent of the owner of the private property to
maintain the private property;
the department shall maintain the private property.
SOURCE: IC 8-1.5-5-28; (03)CC179806.1.20. -->
SECTION 20.
IC 8-1.5-5-28
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 28. A person may not be required to screen
a storm water outfall if the pipe diameter of the storm water
outfall is less than twenty-four (24) inches.
SOURCE: IC 13-11-2-25.8; (03)CC179806.1.21. -->
SECTION 21.
IC 13-11-2-25.8
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 25.8. For purposes of
IC 13-18:
(1) "Class I wetland" means an isolated wetland described by
one (1) or both of the following:
(A) At least fifty percent (50%) of the wetland has been
disturbed or affected by human activity or development by
one (1) or more of the following:
(i) Removal or replacement of the natural vegetation.
(ii) Disturbance or modification of the natural hydrology.
(B) The wetland supports minimal wildlife habitat or
hydrologic function because the wetland:
(i) does not provide critical habitat for threatened or
endangered species listed in accordance with the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(ii) is typified by low species diversity;
(iii) contains greater than fifty percent (50%) areal
coverage of non-native invasive species;
(iv) does not support significant habitat or wildlife uses; or
(v) does not possess significant hydrologic function;
(2) "Class II wetland" means:
(A) an isolated wetland that is not a Class I or Class III
wetland; or
(B) a type of wetland listed in subdivision (3)(B) that would
meet the definition of Class I wetland if the wetland were not
a rare or ecologically important type; and
(3) "Class III wetland" means an isolated wetland:
(A) that is located in a setting undisturbed or minimally
disturbed by human activity or development; or
(B) unless classified as a Class II wetland under subdivision
(2)(B), that is of one (1) of the following rare and ecologically
important types:
(i) Acid bog.
(ii) Acid seep.
(iii) Circumneutral bog.
(iv) Circumneutral seep.
(v) Cypress swamp.
(vi) Dune and swale.
(vii) Fen.
(viii) Forested fen.
(ix) Forested swamp.
(x) Marl beach.
(xi) Muck flat.
(xii) Panne.
(xiii) Sand flat.
(xiv) Sedge meadow.
(xv) Shrub swamp.
(xvi) Sinkhole pond.
(xvii) Sinkhole swamp.
(xviii) Wet floodplain forest.
(xix) Wet prairie.
(xx) Wet sand prairie.
SOURCE: IC 13-11-2-29; (03)CC179806.1.22. -->
SECTION 22.
IC 13-11-2-29
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 29. "Clean Water
Act", for purposes of this chapter,
IC 13-18-13
,
IC 13-18-22
, and
IC 13-18-23
, refers to:
(1) 33 U.S.C. 1251 et seq.; and
(2) regulations adopted under 33 U.S.C. 1251 et seq.
SOURCE: IC 13-11-2-36.3; (03)CC179806.1.23. -->
SECTION 23.
IC 13-11-2-36.3
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 36.3. "Compensatory
mitigation", for purposes of
IC 13-18-22
, means the:
(1) restoration; or
(2) creation;
of wetlands to offset or compensate for a loss of wetlands resulting
from an authorized wetland activity. Wetlands enlargement,
enhancement, and preservation may be considered compensatory
mitigation on a case-by-case basis, particularly for Class III
wetlands.
SOURCE: IC 13-11-2-74.5; (03)CC179806.1.24. -->
SECTION 24.
IC 13-11-2-74.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 74.5. (a) "Exempt isolated
wetland", for purposes of IC 13-18, means an isolated wetland
that:
(1) is a voluntarily created wetland unless:
(A) the wetland is approved by the department for
compensatory mitigation purposes in accordance with a
permit issued under Section 404 of the Clean Water Act;
(B) the wetland is reclassified as a state regulated wetland
under
IC 13-18-22-6
(c); or
(C) the owner of the wetland declares, by a written
instrument:
(i) recorded in the office of the recorder of the county or
counties in which the wetland is located; and
(ii) filed with the department;
that the wetland is to be considered in all respects to be a
state regulated wetland;
(2) exists as an incidental feature in or on:
(A) a residential lawn;
(B) a lawn or landscaped area of a commercial or
governmental complex;
(C) agricultural land;
(D) a roadside ditch;
(E) an irrigation ditch; or
(F) a manmade drainage control structure;
(3) is a fringe wetland associated with a private pond;
(4) is, or is associated with, a manmade body of surface water
of any size created by:
(A) excavating;
(B) diking; or
(C) excavating and diking;
dry land to collect and retain water for or incidental to
agricultural, commercial, industrial, or aesthetic purposes;
(5) subject to subsection (b), is a Class I wetland with a
delineation of one-half (1/2) acre or less;
(6) subject to subsection (c), is a Class II wetland with a
delineation of one-fourth (1/4) acre or less;
(7) is located on land:
(A) subject to regulation under the United States Department
of Agriculture wetland conservation rules, also known as
Swampbuster, because of voluntary enrollment in a federal
farm program; and
(B) used for agricultural or associated purposes allowed
under the rules referred to in clause (A); or
(8) is constructed for reduction or control of pollution.
(b) The total acreage of Class I wetlands on a tract to which the
exemption described in subsection (a)(5) may apply is limited to the
larger of:
(1) the acreage of the largest individual isolated wetland on the
tract that qualifies for the exemption described in subsection
(a)(5); and
(2) fifty percent (50%) of the cumulative acreage of all
individual isolated wetlands on the tract that would qualify for
the exemption described in subsection (a)(5) but for the
limitation of this subsection.
(c) The total acreage of Class II wetlands on a tract to which the
exemption described in subsection (a)(6) may apply is limited to the
larger of:
(1) the acreage of the largest individual isolated wetland on the
tract that qualifies for the exemption described in subsection
(a)(6); and
(2) thirty-three and one-third percent (33 1/3%) of the
cumulative acreage of all individual isolated wetlands on the
tract that would qualify for the exemption described in
subsection (a)(6) but for the limitation of this subsection.
SOURCE: IC 13-11-2-112.5; (03)CC179806.1.25. -->
SECTION 25.
IC 13-11-2-112.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 112.5. "Isolated wetland", for
purposes of IC 13-18, is a wetland that is not subject to regulation
under Section 404(a) of the Clean Water Act.
SOURCE: IC 13-11-2-130.5; (03)CC179806.1.26. -->
SECTION 26.
IC 13-11-2-130.5
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 130.5. "Periodic vehicle
inspection program", for purposes of
IC 13-17-5
, means a program
requiring a motor vehicle registered in a county to undergo a
periodic test of emission characteristics and be repaired and
retested if the motor vehicle fails the emissions test. The term
includes entering into and managing contracts for inspection
stations.
SOURCE: IC 13-11-2-166.5; (03)CC179806.1.27. -->
SECTION 27.
IC 13-11-2-166.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 166.5. "Pond", for purposes
of IC 13-18:
(1) means:
(A) a natural surface water that is smaller than ten (10) acres
at the ordinary high water mark, as defined in 33 CFR 328.3;
or
(B) a manmade body of surface water of any size created by:
(i) excavating;
(ii) diking; or
(iii) excavating and diking;
dry land to collect and retain water for or incidental to
agricultural, commercial, industrial, or aesthetic purposes;
and
(2) includes water in saturated soils associated with the body
of water.
SOURCE: IC 13-11-2-221.5; (03)CC179806.1.28. -->
SECTION 28.
IC 13-11-2-221.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 221.5. "State regulated
wetland", for purposes of IC 13-18, means an isolated wetland
located in Indiana that is not an exempt isolated wetland.
SOURCE: IC 13-11-2-233.5; (03)CC179806.1.29. -->
SECTION 29.
IC 13-11-2-233.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 233.5. "Tract", for purposes
of this chapter, means any area of land that is under common
ownership and is contained within a continuous border.
SOURCE: IC 13-11-2-245.5; (03)CC179806.1.30. -->
SECTION 30.
IC 13-11-2-245.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 245.5. "Voluntarily created
wetland", for purposes of this chapter, means an isolated wetland
that:
(1) was restored or created in the absence of a governmental
order, directive, or regulatory requirement concerning the
restoration or creation of the wetland; and
(2) has not been applied for or used as compensatory
mitigation or another regulatory purpose that would have the
effect of subjecting the wetland to regulation as waters by:
(A) the department; or
(B) another governmental entity.
SOURCE: IC 13-11-2-265; (03)CC179806.1.31. -->
SECTION 31.
IC 13-11-2-265
, AS AMENDED BY P.L.183-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 265. (a) "Waters", for purposes of water
pollution control laws and environmental management laws, means:
(1) the accumulations of water, surface and underground, natural
and artificial, public and private; or
(2) a part of the accumulations of water;
that are wholly or partially within, flow through, or border upon
Indiana.
(b) The term "waters" does not include:
(1) an exempt isolated wetland;
(2) a private pond; or
(3) an off-stream pond, reservoir, wetland, or other facility built
for reduction or control of pollution or cooling of water before
discharge. unless the discharge from the pond, reservoir, or facility
causes or threatens to cause water pollution.
SOURCE: IC 13-11-2-265.6; (03)CC179806.1.32. -->
SECTION 32.
IC 13-11-2-265.6
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 265.6. "Wetland activity", for
purposes of
IC 13-18-22
, means the discharge of:
(1) dredged; or
(2) fill;
material into an isolated wetland.
SOURCE: IC 13-11-2-265.7; (03)CC179806.1.33. -->
SECTION 33.
IC 13-11-2-265.7
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 265.7. "Wetlands", for
purposes of IC 13-18, means areas that are inundated or saturated
by surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include:
(1) swamps;
(2) marshes;
(3) bogs; and
(4) similar areas.
SOURCE: IC 13-11-2-265.8; (03)CC179806.1.34. -->
SECTION 34.
IC 13-11-2-265.8
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 265.8. "Wetlands
delineation" or "delineation", for purposes of section 74.5 of this
chapter, means a technical assessment:
(1) of whether a wetland exists on an area of land; and
(2) if so, of the type and quality of the wetland based on the
presence or absence of wetlands characteristics, as determined
consistently with the Wetlands Delineation Manual, Technical
Report Y-87-1 of the United States Army Corps of Engineers.
SOURCE: IC 13-14-9-3; (03)CC179806.1.35. -->
SECTION 35.
IC 13-14-9-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.
(a) Except as
provided in subsection (b), the department shall provide notice in the
Indiana Register of the first public comment period required by section
2 of this chapter. A notice provided under this section must do the
following:
(1) Identify the authority under which the proposed rule is to be
adopted.
(2) Describe the subject matter and the basic purpose of the
proposed rule. The description required by this subdivision must
include a listing of all alternatives being considered by the
department at the time of the notice and must set forth the basis for
each alternative.
(3) Describe the relevant statutory or regulatory requirements or
restrictions relating to the subject matter of the proposed rule that
exist before the adoption of the proposed rule.
(4) Request the submission of alternative ways to achieve the
purpose of the proposed rule.
(5) Request the submission of comments, including suggestions of
specific language for the proposed rule.
(6) Include a detailed statement of the issue to be addressed by
adoption of the proposed rule.
(b) This section does not apply to rules adopted under
IC 13-18-22-2
,
IC 13-18-22-3
, or
IC 13-18-22-4.
SOURCE: IC 13-17-5-6.7; (03)CC179806.1.36. -->
SECTION 36.
IC 13-17-5-6.7
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 6.7. (a) A person may not be charged a fee for having
a motor vehicle tested under this chapter.
(b) This section expires January 1, 2007.
SOURCE: IC 13-17-5-9; (03)CC179806.1.37. -->
SECTION 37.
IC 13-17-5-9
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 9. (a) After December 31, 2006, the board may not
adopt a rule under air pollution control laws that requires motor
vehicles to undergo a periodic test of emission characteristics in the
following counties:
(1) A county having a population of more than seventy
thousand (70,000) but less than seventy-one thousand (71,000).
(2) A county having a population of more than ninety thousand
(90,000) but less than one hundred thousand (100,000).
(b) After December 31, 2006, 326 IAC 13-1.1 is void to the extent
it applies to a county referred to in subsection (a).
(c) Unless the budget agency approves a periodic vehicle
inspection program for a county referred to in subsection (a), the
board shall amend 326 IAC 13-1.1 so that it does not apply after
December 31, 2006, to a county referred to in subsection (a).
(d) The budget agency, after review by the budget committee,
may approve in writing the implementation of a periodic vehicle
inspection program for one (1) or more counties described in
subsection (a) only if the budget agency determines that the
implementation of a periodic vehicle inspection program in the
designated counties is necessary to avoid a loss of federal highway
funding for the state or a political subdivision. The approval must
specify the counties to which the periodic vehicle inspection
program applies and the time during which the periodic vehicle
inspection program must be conducted in each designated county.
The budget agency, after review by the budget committee, shall
withdraw an approval given under this subsection for a periodic
vehicle inspection program in a county if the budget agency
determines that the suspension of the periodic vehicle inspection
program will not adversely affect federal highway funding for the
state or a political subdivision.
SOURCE: IC 13-18-22; (03)CC179806.1.38. -->
SECTION 38.
IC 13-18-22
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 22. State Regulated Wetlands
Sec. 1. (a) Except as provided in subsection (b), a person
proposing a wetland activity in a state regulated wetland must
obtain a permit under this chapter to authorize the wetland
activity.
(b) A permit is not required for the following wetland activities:
(1) The discharge of dirt, sand, rock, stone, concrete, or other
inert fill materials in a de minimis amount.
(2) A wetland activity at a surface coal mine for which the
department of natural resources has approved a plan to:
(A) minimize, to the extent practical using best technology
currently available, disturbances and adverse effects on fish
and wildlife;
(B) otherwise effectuate environmental values; and
(C) enhance those values where practicable.
(3) Any activity listed under Section 404(f) of the Clean Water
Act, including:
(A) normal farming, silviculture, and ranching activities,
such as plowing, seeding, cultivating, minor drainage,
harvesting for the production of food, fiber, and forest
products, or upland soil and water conservation practices;
(B) maintenance, including emergency reconstruction of
recently damaged parts, of currently serviceable structures
such as dikes, dams, levees, groins, riprap, breakwaters,
causeways, and bridge abutments or approaches, and
transportation structures;
(C) construction or maintenance of farm or stock ponds or
irrigation ditches, or the maintenance of drainage ditches;
(D) construction of temporary sedimentation basins on a
construction site that does not include placement of fill
material into the navigable waters; and
(E) construction or maintenance of farm roads or forest
roads, or temporary roads for moving mining equipment,
where the roads are constructed and maintained, in
accordance with best management practices, to assure that:
(i) flow and circulation patterns and chemical and
biological characteristics of the navigable waters are not
impaired;
(ii) the reach of the navigable waters is not reduced; and
(iii) any adverse effect on the aquatic environment will be
otherwise minimized.
(c) The goal of the permitting program for wetland activities in
state regulated wetlands is to:
(1) promote a net gain in high quality isolated wetlands; and
(2) assure that compensatory mitigation will offset the loss of
isolated wetlands allowed by the permitting program.
Sec. 2. (a) The board may adopt rules under
IC 4-22-2
and
IC 13-14 not later than February 1, 2004, to implement the part of
the definition of Class I wetland under
IC 13-11-2-25.8
(1)(B).
(b) Before the adoption of rules by the board under subsection
(a), the department shall determine the class of a wetland in a
manner consistent with the definitions of Class I, II, and III
wetlands in
IC 13-11-2-25.8.
Sec. 3. (a) An individual permit is required to authorize a
wetland activity in a Class III wetland.
(b) Except as provided in section 4(a) of this chapter, an
individual permit is required to authorize a wetland activity in a
Class II wetland.
(c) The board shall adopt rules under
IC 4-22-2
and IC 13-14 not
later than June 1, 2004, to govern the issuance of individual
permits by the department under subsections (a) and (b).
Sec. 4. (a) A general permit is authorized for wetland activities
with minimal impact in Class II wetlands, including the activities
analogous to the nationwide permit program (as published in 67
Fed. Reg. 2077-2089 (2002)).
(b) A general permit is authorized for wetland activities in Class
I wetlands.
(c) The board shall adopt rules under
IC 4-22-2
and IC 13-14 not
later than February 1, 2004, to establish and implement the general
permits authorized in subsections (a) and (b).
Sec. 5. (a) The rules adopted under section 3 of this chapter:
(1) must require that the applicant demonstrate, as a
prerequisite to the issuance of the permit, that wetland
activity:
(A) is reasonably necessary or appropriate to achieve a
legitimate use proposed by the applicant on the property on
which the wetland is located; and
(B) for a Class III wetland, is without practical alternative
and will be accompanied by taking steps that are practicable
and appropriate to minimize potential adverse impacts of the
discharge on the aquatic ecosystem of the wetland;
(2) except as provided in subsection (c), must establish that
compensatory mitigation will be provided as set forth in
section 6 of this chapter to reasonably offset the loss of
wetlands allowed by the permits; and
(3) may prescribe additional conditions that are reasonable
and necessary to carry out the purposes of this chapter.
(b) The rules adopted under section 4 of this chapter must
require, as a prerequisite to the applicability of the general permit
by rule to a specific wetland activity, that the person proposing the
discharge submit to the department a notice of intent to be covered
by the general permit by rule that:
(1) identifies the wetlands to be affected by the wetland
activity; and
(2) except as provided in subsection (c), provides a
compensatory mitigation plan as set forth in section 6 of this
chapter to reasonably offset the loss of wetlands allowed by the
general permit.
(c) Under subsections (a) and (b), the rules adopted under
sections 3 and 4 of this chapter may provide for exceptions to
compensatory mitigation in specific, limited circumstances.
(d) For purposes of subsection (a)(1)(A):
(1) a resolution of the executive of the county or municipality
in which the wetland is located; or
(2) a permit or other approval from a local government entity
having authority over the proposed use of the property on
which the wetland is located;
that includes a specific finding that the wetland activity is
reasonably necessary or appropriate to achieve the intended use of
the property is considered conclusive evidence of that fact.
Sec. 6. (a) Except as otherwise specified in subsection (b),
compensatory mitigation shall be provided in accordance with the
following table:
Wetland Replacement On-site Off-site
Class Class Ratio Ratio
Class I Class II or III 1 to 1 1 to 1
Class I Class I 1.5 to 1 1.5 to 1
Class II Class II or III 1.5 to 1 2 to 1
Nonforested Nonforested
2 to 1 2.5 to 1
Forested Forested
Class III Class III 2 to 1 2.5 to 1
Nonforested Nonforested
2.5 to 1 3 to 1
Forested Forested
(b) The compensatory mitigation ratio shall be lowered to one to
one (1:1) if the compensatory mitigation is completed before the
initiation of the wetland activity.
(c) The off-site location of compensatory mitigation must be
within:
(1) the same eight (8) digit U.S. Geological Service hydrologic
unit code; or
(2) the same county;
as the isolated wetlands subject to the authorized wetland activity.
(d) Exempt isolated wetlands may be used to provide
compensatory mitigation for wetlands activities in state regulated
wetlands. An exempt isolated wetland that is used to provide
compensatory mitigation becomes a state regulated wetland.
Sec. 7. (a) The department shall:
(1) administer the permit programs established by this
chapter; and
(2) review and issue decisions on applications for permits to
undertake wetland activities in state regulated wetlands in
accordance with the rules issued by the board under this
chapter.
(b) Before the adoption of rules by the board under this chapter,
the department shall:
(1) issue individual permits under this chapter consistent with
the general purpose of this chapter; and
(2) for wetland activities in Class I wetlands, issue permits
under this subsection:
(A) that are simple, streamlined, and uniform;
(B) that do not require development of site specific
provisions; and
(C) promptly upon submission by the applicant to the
department of a notice of registration for a permit.
(c) Not later than June 1, 2003, the department shall make
available to the public:
(1) a form for use in applying for a permit under subsection
(b)(1); and
(2) a form for use in submitting a notice of registration for a
permit to undertake a wetland activity in a Class I wetland
under subsection (b)(2).
Sec. 8. (a) The department shall make a decision to issue or deny
an individual permit under section 3 or 7(b)(1) of this chapter not
later than one hundred twenty (120) days after receipt of the
application. If the department fails to make a decision on a permit
application by that deadline, a permit is considered to have been
issued by the department in accordance with the application.
(b) Except as provided in subsection (d), a general permit under
section 4 of this chapter is considered to have been issued to an
applicant on the thirty-first day after the department receives a
notice of intent of the permit if the department has not previously
authorized the wetland activity.
(c) Except as provided in subsection (d), a permit to undertake a
wetland activity in a Class I wetland under section 7(b)(2) of this
chapter is considered to have been issued to an applicant on the
thirty-first day after the department receives a notice of
registration submitted under section 7(b)(2) of this chapter if the
department has not previously authorized the wetland activity.
(d) The department may deny a registration for a permit under
subsection (b) or (c) before the period specified in subsection (b) or
(c) expires.
(e) The department must support a denial under subsection (a)
or (d) by a written statement of reasons.
Sec. 9. (a) The owner of a Class III wetland may petition the
board for designation of the wetland as an outstanding state
protected wetland. Upon verification by the board that the wetland
is a Class III wetland and that the petitioner is the owner of the
wetland, the board shall conduct a proceeding under
IC 4-22-2
and
IC 13-14 to adopt a rule designating the wetland as an outstanding
state protected wetland.
(b) A rule adopted by the board under subsection (a) must
specifically identify each wetland to be designated as an
outstanding state protected wetland, including:
(1) the wetland type;
(2) a legal description of the wetland as delineated; and
(3) other information considered necessary by the board.
(c) The owner of a Class III wetland designated as an outstanding
state protected wetland under this section shall:
(1) not cause or allow any anthropogenic activities on the
property on which the wetland is located that may adversely
affect or degrade the wetland, except for activities with
minimal and short term effect, such as construction of an
observation pathway or installation of an underground
pipeline that are:
(A) authorized by rules adopted by the board; or
(B) approved by the department in the absence of rules
under clause (A); and
(2) provide for the long term assurance of the protections
described in subdivision (1) through:
(A) a restrictive covenant that is recorded with respect to the
property on which the delineated wetland is located; or
(B) a grant of title to or a conservation easement in the
property on which the delineated wetland is located to:
(i) the department of natural resources; or
(ii) a nonprofit entity with demonstrated ability in the
maintenance and protection of wetlands.
(d) Notwithstanding the designation of a wetland under this
section by the board as an outstanding state protected wetland, the
owner of a Class III wetland may petition the board for rescission
of the designation if the owner can demonstrate important social
or economic needs that warrant adverse effects to the wetland. In
its review of the petition, the board shall give great weight to a
resolution of the legislative body of the municipality or county in
which the Class III wetland is located describing important social
or economic needs, the accomplishment of which would necessitate
adverse effects to the wetland.
Sec. 10. The department has no authority over the:
(1) filling;
(2) draining; or
(3) elimination by other means;
before January 1, 2003, of a wetland that would have been an
isolated wetland.
Sec. 11. When land referred to in
IC 13-11-2-74.5
(a)(7) is no
longer subject to United States Department of Agriculture wetland
conservation rules:
(1) isolated wetlands located on the land are subject to this
chapter; and
(2) any past wetland activities in the isolated wetlands located
on the land become subject to this chapter, unless the wetland
activities were in compliance with United States Department of
Agriculture wetland conservation rules.
SOURCE: IC 13-18-23; (03)CC179806.1.39. -->
SECTION 39.
IC 13-18-23
IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 23. Department Action on Certification Applications
Sec. 1. (a) The department shall:
(1) make a final determination on an application for a
certification under Section 401 of the Clean Water Act not
later than one hundred twenty (120) days after its receipt of a
complete application; and
(2) include in its notice of the final determination to the
applicant a statement of reasons for the final determination.
(b) A failure by the department to act within the period specified
in subsection (a)(1) constitutes a waiver of the certification.
SOURCE: IC 36-9-27-114; (03)CC179806.1.40. -->
SECTION 40.
IC 36-9-27-114
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 114. (a) This section applies
to a county that:
(1) receives notification from the department of environmental
management that the county will be subject to regulation
under 327 IAC 15-13; and
(2) has not adopted an ordinance to adopt the provisions of
IC 8-1.5-5.
(b) As used in this section, "storm water improvements" means
storm sewers, drains, storm water retention or detention
structures, dams, or any other improvements used for the
collection, treatment, and disposal of storm water.
(c) The drainage board of a county may establish fees for services
provided by the board to address issues of storm water quality and
quantity, including the costs of constructing, maintaining,
operating, and equipping storm water improvements.
(d) Fees established under this chapter after a public hearing
with notice given under
IC 5-3-1
are presumed to be just and
equitable.
(e) The fees are payable by the owner of each lot, parcel of real
property, or building that uses or is served by storm water
improvements that address storm water quality and quantity.
Unless the board finds otherwise, the storm water improvements
are considered to benefit every lot, parcel of real property, or
building that uses or is served by the storm water improvements,
and the fees shall be billed and collected accordingly.
(f) The board shall use one (1) or more of the following factors to
establish the fees:
(1) A flat charge for each lot, parcel of property, or building.
(2) The amount of impervious surface on the property.
(3) The number and size of storm water outlets on the
property.
(4) The amount, strength, or character of storm water
discharged.
(5) The existence of improvements on the property that address
storm water quality and quantity issues.
(6) The degree to which storm water discharged from the
property affects water quality in the district.
(7) Any other factors the board considers necessary.
(g) The board may exercise reasonable discretion in adopting
different schedules of fees, or making classifications in schedules of
fees, based on:
(1) variations in the costs, including capital expenditures, of
addressing storm water quality and quantity for various
classes of users or for various locations;
(2) variations in the number of users in various locations; and
(3) whether the property is used primarily for residential,
commercial, or agricultural purposes.
SOURCE: ; (03)CC179806.1.41. -->
SECTION 41. [EFFECTIVE UPON PASSAGE] (a) The
environmental quality service council shall do the following:
(1) Monitor the implementation of SECTIONS 21 through 25,
27 through 35, 38, and 39 of this act.
(2) Review the role of the department of environmental
management with respect to action on requests under Section
401 of the Clean Water Act (33 U.S.C. 1341) for certifications
concerning projects subject to permit requirements under
Section 404 of the Clean Water Act (33 U.S.C. 1344), and
recommend whether statutory direction is appropriate or
necessary in defining that role.
(3) Complete its consideration of the options for statutory
definition of "private pond" as used in the definition of
"waters" in
IC 13-11-2-265
, as amended by this act, and:
(A) recommend an option; and
(B) include with the recommendation a statement of
rationale for the recommendation.
(4) Evaluate the tensions between existing programs for
wetlands protection and for local drainage and recommend
principles and policies for ameliorating those tensions, taking
into consideration the rationale and objectives for both
programs.
(5) Submit its final report on the matters described in
subdivisions (1) through (4) before November 1, 2003, to:
(A) the governor; and
(B) the executive director of the legislative services agency.
(b) The environmental quality service council shall:
(1) conduct an ongoing evaluation of the implementation of the
permit program for state regulated wetlands under
IC 13-18-22
, as added by this act;
(2) recommend any adjustments to the program referred to in
subdivision (1) that are considered advisable to improve the
operation and effectiveness of the program, consistent with the
purpose of providing an efficient permitting process and
enhancing the attainment of an overall goal of no net loss of
state regulated wetlands; and
(3) submit its final report on the matters described in
subdivisions (1) and (2) before November 1, 2005, to:
(A) the governor; and
(B) the executive director of the legislative services agency.
(c) This SECTION expires January 1, 2006.
SOURCE: ; (03)CC179806.1.42. -->
SECTION 42.
An emergency is declared for this act.
(Reference is to EHB 1798 as reprinted April 8, 2003.)
Conference Committee Report
on
Engrossed House
Bill 1798
Text Box
S
igned by:
____________________________ ____________________________
Representative Bottorff Senator Gard
Chairperson
____________________________ ____________________________
Representative Scholer Senator Lewis
House Conferees Senate Conferees