Citations Affected: IC 13-18-10-6; IC 13-30-4-3.
Synopsis: Confined feeding operations. Requires the department of
environmental management to revoke the approval for a confined
feeding operation if at least three violations of confined feeding or
water pollution control laws occur at the confined feeding operation in
any two year period. Prohibits the department from waiving certain
civil penalties for violations of confined feeding laws.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Energy and Environmental
A BILL FOR AN ACT to amend the Indiana Code concerning
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The department
may waive up to one hundred percent (100%) of a civil penalty
imposed on a business for a minor violation of:
(1) a requirement of environmental management laws;
(2) a rule adopted by a board; or
(3) any determination, permit, or order made or issued by the commissioner.
(b) The department may not waive any part of a civil penalty under this section if the violation:
(1) endangers or causes damage to public health or the environment;
(2) is intentional, willful, or criminal;
(3) is of a requirement for which the department has previously issued a notice or warning of violation, for this or a prior violation, to the business required to correct the violation;
(4) is a violation of IC 13-18-10 concerning confined feeding operations; or
(4) (5) is not corrected within ninety (90) days after the date the
business required to correct the violation notifies the department
of the violation under subsection (c). The department may extend
the ninety (90) day period for not more than an additional ninety
(c) To seek a waiver of a civil penalty under this section, the business required to correct the violation must submit to the department a written report of the violation for which a waiver is sought. The report must be submitted to the department before an inspection by the department that discloses the violation or the issuance of a notice or warning of violation.
(d) The boards may adopt rules to implement this section.