HB 1197-1_ Filed 02/19/2007, 10:08 Lehe
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that House Bill 1197 be amended to read as follows:
SOURCE: Page 5, line 12; (07)MO119704.5. -->
Page 5, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: ; (07)MO119704.12. -->
"SECTION 12. [EFFECTIVE UPON PASSAGE] (a) As used in
this SECTION, "facility" means either of the following:
(1) A new concentrated animal feeding operation as defined
in IC 13-11-2-38.3.
(2) A new confined feeding operation as defined in
(b) As used in this SECTION, "facility approval date" refers to
either of the following:
(1) The date the department of environmental management
approves a facility under IC 13-18-10-1.
(2) With respect to a facility to which subdivision (1) does not
apply, either of the following:
(A) The date the department of environmental
management approves a NPDES permit for the facility
under 327 IAC 5.
(B) The date a notice of intent is filed for general NPDES
permit coverage for the facility under 327 IAC 15.
(c) As used in this SECTION, "facility ordinance" refers to an
ordinance that regulates any of the following with respect to a
(d) As used in this SECTION, "legislative body" has the
meaning set forth in IC 36-1-2-9.
(e) A facility ordinance may retroactively regulate a facility only
(1) the legislative body of the county adopts the facility
(A) after the effective date of this SECTION;
(B) before January 1, 2008; and
(C) not later than ninety (90) days after the facility
approval date; and
(2) on the date the legislative body adopts the facility
ordinance under subdivision (1) the county does not have a
facility ordinance is in effect.
(f) This SECTION expires January 1, 2008.
Renumber all SECTIONS consecutively.
(Reference is to HB 1197 as printed February 16, 2007.)
MO119704/DI 52 2007