Introduced Version






SENATE BILL No. 219

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-11-2; IC 13-15-1-2; IC 13-15-4.4.

Synopsis: Ballast water and sediment in vessels. After June 30, 2007: (1) allows a vessel to operate in waters of Indiana only if ballast water and sediment in the vessel have been sterilized; and (2) allows a discharge of ballast water or sediment into the waters of Indiana only if the department of environmental management (IDEM) has issued a permit for the discharge. Requires IDEM to establish a ballast water and sediment inspection program that ensures that aquatic nuisance species do not enter the waters of Indiana. Requires the water pollution control board to adopt rules to implement these provisions.

Effective: July 1, 2006.





Tallian




    January 9, 2006, read first time and referred to Committee on Energy and Environmental Affairs.







Introduced

Second Regular Session 114th General Assembly (2006)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.

SENATE BILL No. 219



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 13-11-2-9.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9.5. "Aquatic nuisance species", for purposes of IC 13-15-4.4, refers to an aquatic plant or animal species that:
        (1) is not native to waters of Indiana; and
        (2) causes damage to a plant or animal species that is native to waters of Indiana.

SOURCE: IC 13-11-2-16.5; (06)IN0219.1.2. -->     SECTION 2. IC 13-11-2-16.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16.5. "Ballast water", for purposes of this chapter, IC 13-15-1-2, and IC 13-15-4.4, means water and associated solids taken on board a vessel outside Indiana to control or maintain trim, draft, stability, or stresses on the vessel, without regard to the manner in which the ballast water is carried.
SOURCE: IC 13-11-2-197.8; (06)IN0219.1.3. -->     SECTION 3. IC 13-11-2-197.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2006]: Sec. 197.8. "Sediment", for purposes of IC 13-15-1-2 and IC 13-15-4.4, means any matter settled out of ballast water.

SOURCE: IC 13-11-2-261; (06)IN0219.1.4. -->     SECTION 4. IC 13-11-2-261 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 261. "Water pollution control laws" refers to:
         (1) IC 13-15-4.4; and
        (2)
IC 13-18, except for the following:
            (1) (A) IC 13-18-2.
            (2) (B) IC 13-18-9 through IC 13-18-20.
SOURCE: IC 13-15-1-2; (06)IN0219.1.5. -->     SECTION 5. IC 13-15-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. The water pollution control board shall establish requirements for the issuance of permits to control water pollution and atomic radiation, including the following:
        (1) Permits to control or limit the discharge of any contaminants into state waters or into a publicly owned treatment works.
        (2) Permits for the construction, installation, or modification of facilities, equipment, or devices to control or limit any discharge, emission, or disposal of contaminants into the waters of Indiana or into a publicly owned treatment works.
        (3) Permits for the operation of facilities, equipment, or devices to control or limit the discharge, emission, or disposal of any contaminants into the waters of Indiana or into a publicly owned treatment works.
         (4) Permits under IC 13-15-4.4-1(2) for the discharge from vessels into waters of Indiana of any of the following:
            (A) Ballast water.
            (B) Sediment.

However, the water pollution control board may not require a permit under subdivision (2) for any facility, equipment, or device constructed, installed, or modified as part of a surface coal mining operation that is operated under a permit issued under IC 14-34.
SOURCE: IC 13-15-4.4; (06)IN0219.1.6. -->     SECTION 6. IC 13-15-4.4 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]:
     Chapter 4.4. Ballast Water and Sediment in Vessels
    Sec. 1. After June 30, 2007:
        (1) a vessel may operate in waters of Indiana only if ballast water and sediment in the vessel have been treated by:
            (A) filtration;
            (B) thermal methods;
            (C) ultraviolet light;
            (D) biocides; or
            (E) other techniques approved by the department;
        to destroy or remove all living biological organisms; and
        (2) a discharge of any of the following directly or indirectly into the waters of Indiana is allowed only if the department has issued a permit under this chapter to allow the discharge:
            (A) Ballast water.
            (B) Sediment.
    Sec. 2. The department shall determine the requirements for application for and issuance of a permit under section 1(2) of this chapter.
    Sec. 3. The department shall establish a ballast water and sediment inspection program that ensures that aquatic nuisance species do not enter the waters of Indiana through the direct or indirect discharge of any of the following:
        (1) Ballast water.
        (2) Sediment.
    Sec. 4. (a) The water pollution control board:
        (1) shall adopt rules to implement this chapter; and
        (2) may establish a fee under IC 13-16-1 for the issuance of a permit under section 1(2) of this chapter.
    (b) In adopting rules under subsection (a)(1), the water pollution control board shall cooperate to the fullest extent practical with:
        (1) other Great Lakes basin states;
        (2) the Canadian Great Lakes provinces;
        (3) the Great Lakes panel on aquatic nuisance species;
        (4) the Great Lakes fishery commission;
        (5) the International Joint Commission; and
        (6) the Great Lakes Commission;
to ensure the development of standards for the control of aquatic nuisance species that are broadly protective of Indiana waters and other natural resources.

SOURCE: ; (06)IN0219.1.7. -->     SECTION 7. [EFFECTIVE JULY 1, 2006] (a) The water pollution control board shall adopt the rules described under IC 13-15-1-2(4), as amended by this act, not later than June 30, 2007.
    (b) The department of environmental management shall establish the procedure for the issuance of permits under IC 13-15-4.4, as added by this act, not later than July 1, 2007.
    (c) This SECTION expires July 2, 2007.