HOUSE BILL No. 1122
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-15-1-2; IC 13-15-4.5.
Synopsis: Discharge of water by oceangoing vessels. Requires the
water pollution control board to establish permit requirements for the
discharge of water by oceangoing vessels in Indiana ports that ensure
aquatic nuisance species will not be discharged. Requires an
oceangoing vessel to obtain a permit from the department of
environmental management before discharging water in an Indiana
Effective: July 1, 2006.
Budak, Ayres, Cheney
January 5, 2006, read first time and referred to Committee on Environmental Affairs.
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
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Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2005 Regular Session of the General Assembly.
HOUSE BILL No. 1122
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-15-1-2; (06)IN1122.1.1. -->
SECTION 1. 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
(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
(4) Permits for the discharge of water from oceangoing vessels
in an Indiana port.
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 13-15-4.5; (06)IN1122.1.2. -->
SECTION 2. IC 13-15-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 4.5. Discharge of Water from Oceangoing Vessels
Sec. 1. As used in this chapter, "aquatic nuisance species" refers
to an aquatic plant or animal species that:
(1) is not native to Indiana waters; and
(2) causes damage to a plant species or an animal species that
is native to Indiana waters.
Sec. 2. After June 30, 2007, an oceangoing vessel that engages in
port operations in an Indiana port must obtain a permit from the
department before discharging water from the vessel.
Sec. 3. To obtain a permit under section 2 of this chapter, an
applicant must demonstrate that the oceangoing vessel uses
environmentally sound technology and methods, as determined by
the department, when discharging:
(1) ballast water; or
(2) other waste or effluents;
to prevent the discharge of aquatic nuisance species.
Sec. 4. In adopting rules to carry out this chapter, the 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)IN1122.1.3. -->
SECTION 3. [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,
(b) The department of environmental management shall begin
to issue permits under IC 13-15-4.5, as added by this act, not later
than July 1, 2007.
(c) This SECTION expires July 2, 2007.