February 16, 2007





HOUSE BILL No. 1192

_____


DIGEST OF HB 1192 (Updated February 14, 2007 12:45 pm - DI 69)



Citations Affected: IC 13-23.

Synopsis: Notice of underground storage tank releases. Requires the department of environmental management (department) to provide notice of a release from, a spill from, or an overfill of an underground storage tank system to the county health officer of each county in which the release, spill, or overfill occurred. Requires a county health officer that receives notice from the department to: (1) publish notice of the release, spill, or overfill in a newspaper of general circulation in the county health officer's county; and (2) provide any other notice of the release, spill, or overfill the county health officer considers necessary or appropriate.

Effective: July 1, 2007.





Ulmer , Hoy , Dvorak




    January 11, 2007, read first time and referred to Committee on Environmental Affairs.
    February 15, 2007, amended, reported _ Do Pass.






February 16, 2007

First Regular Session 115th General Assembly (2007)


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 2006 Regular Session of the General Assembly.

HOUSE BILL No. 1192



    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:

SOURCE: IC 13-23-16; (07)HB1192.1.1. -->     SECTION 1. IC 13-23-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 16. Notice of Release, Spill, or Overfill
    Sec. 1. A citation in this chapter to a rule refers to the rule as in effect on January 1, 2007.
    Sec. 2. If the department receives a report concerning:
        (1) the discovery of released regulated substances at an underground storage tank site or in the surrounding area under
329 IAC 9-4-1(1); or
        (2) a spill or overfill under
329 IAC 9-4-4(a);
the department shall, not more than seven (7) days after receiving the report, provide notice of the release, spill, or overfill to the county health officer of each county in which the release, spill, or overfill occurred.
    Sec. 3. Not more than seven (7) days after receiving a notice from the department under section 2 of this chapter, a county

health officer shall do the following:
        (1) Publish notice of the release, spill, or overfill in a newspaper of general circulation in the county health officer's county.
        (2) Provide any other notice of the release, spill, or overfill the county health officer considers necessary or appropriate.
    Sec. 4. Notice provided by a county health officer under section 3 of this chapter must include:
        (1) the same information reported to the department under 329 IAC 9-4-1(1) or 329 IAC 9-4-4(a); and
        (2) any other information the county health officer considers necessary or appropriate.