MR. PRESIDENT:
The Senate Committee on Environmental Affairs, to which was referred Senate Bill No. 533, has had
the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
obtain an individual NPDES permit.
(d) A notice of intent filed under subsection (c) must certify that
the CAFO follows or will follow rules for CAFO NPDES permits
adopted by the board.
(e) Subject to subsection (f), a person remains subject to an
NPDES general permit for a CAFO until the earliest of:
(1) the date on which the person discontinues and closes the
operation in accordance with 327 IAC 16-12; or
(2) the date five (5) years after the date on which the notice of
intent was filed under subsection (c).
(f) A person remains subject to an NPDES general permit for
a CAFO after the date indicated in subsection (e) if, before that
date, the person files another notice of intent with the department
under rules adopted by the board for CAFO NPDES general
permits. A notice of intent filed under this subsection must comply
with subsection (d).
(g) If a discharge from a CAFO to waters occurs during the five
(5) years that immediately precede the date of filing of the notice
of intent under subsection (c) or (f), the department may
determine that the person that files the notice of intent must apply
for an individual NPDES permit for the operation.
(h) If a person applies for and receives an individual NPDES
permit under this section and:
(1) no discharge to waters from the CAFO occurs; or
(2) no enforcement action is taken based on:
(A) a violation that represents; or
(B) a series of violations that represent;
a threat to the environment;
during the five (5) years immediately following the issuance of the
individual NPDES permit, the person may become subject to an
NPDES general permit for the operation by filing a notice of intent
under subsection (c).
(i) A determination by the commissioner that an individual
NPDES permit is required is appealable under IC 4-21.5.".
Page 2, delete lines 8 through 42.
Page 3, delete lines 1 through 20.
Page 3, line 40, after "an" insert " individual".
Page 3, line 40, delete "IC 13-18-19-3(e)," and insert
" IC 13-18-19-3,".
Renumber all SECTIONS consecutively.
(Reference is to SB 533 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 7, Nays 0.