Citations Affected: IC 13-14-3-1; IC 13-30-2-1.
Synopsis: Environmental issues. Requires the department of
environmental management to encourage and advise local health
departments in developing facilities and establishing standards with
respect to certain environmental issues. Requires environmental
rulemaking boards to adopt rules concerning the control of noxious
odors.
Effective: Upon passage.
January 4, 2005, read first time and referred to Committee on Energy and Environmental
Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
SECTION 1. IC 13-14-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The department
shall encourage and advise local health departments and local
governmental units referred to in IC 13-11-2-158 in developing
facilities or establishing standards for the following:
(1) Air, water, odor, and noise pollution control.
(2) Water or wastewater treatment.
(3) Water resource development.
(4) Solid waste disposal.
SECTION 2. IC 13-30-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) A person
may not do any of the following:
(1) Discharge, emit, cause, allow, or threaten to discharge, emit,
cause, or allow any contaminant or waste, including any noxious
odor, either alone or in combination with contaminants from other
sources, into:
(A) the environment; or
facility without having first:
(A) filed an application for; and
(B) received;
a permit from the department.
(10) Commence or engage in the operation of a hazardous waste
facility without having first obtained a permit from the
department.
(11) Deliver any hazardous waste to a hazardous waste facility
that:
(A) is not approved; or
(B) does not hold a permit from the department.
(12) Cause or allow the transportation of a hazardous waste
without a manifest if a manifest is required by law.
(13) Violate any:
(A) condition;
(B) limitation; or
(C) stipulation;
placed upon a certificate of environmental compatibility by the
hazardous waste facility site approval authority or any other
provision of IC 13-22-10.
(14) Apply or allow the application of used oil to any ground
surface, except for purposes of treatment in accordance with a
permit issued by the department under any of the following:
(A) IC 13-15, except IC 13-15-9.
(B) IC 13-17-11.
(C) IC 13-18-18.
(D) IC 13-20-1.
(15) Commence construction of a solid waste incinerator without
first obtaining a permit from the department under IC 13-20-8.
(16) Commence operation of a solid waste incinerator without
first obtaining the approval of the department under IC 13-20-8.
(b) Before July 1, 2006, the boards shall adopt rules under
IC 4-22-2 and IC 13-14-9 concerning the control of noxious odors
as described in subsection (a)(1). The rules must establish:
(1) methods for determining whether an odor is noxious; and
(2) procedures under which a person affected by a noxious
odor may petition the department to begin an administrative
proceeding to abate the noxious odor.
SECTION 3. An emergency is declared for this act.