SB 431-3_ Filed 02/26/2007, 10:00 Gard
SENATE MOTION
MADAM PRESIDENT:
I move
that Senate Bill 431 be amended to read as follows:
SOURCE: Page 2, line 36; (07)MO043105.2. -->
Page 2, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 13-11-2-129.9; (07)MO043105.3. -->
"SECTION 3. IC 13-11-2-129.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 129.9. "Modification", for
purposes of IC 13-18-10, refers to an expansion of a confined
feeding operation or concentrated animal feeding operation that
results in either of the following:
(1) An increase in the confined animal capacity.
(2) An increase in the liquid manure storage capacity.
SOURCE: IC 13-11-2-164; (07)MO043105.4. -->
SECTION 4. IC 13-11-2-164 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 164. (a) "Political
subdivision", for purposes of IC 13-18-13, means:
(1) a political subdivision (as defined in IC 36-1-2);
(2) a regional water, sewage, or solid waste district organized
under:
(A) IC 13-26; or
(B) IC 13-3-2 (before its repeal July 1, 1996); or
(3) a local public improvement bond bank organized under
IC 5-1.4.
(b) "Political subdivision", for purposes of
IC 13-18-10 and
IC 13-18-21, means:
(1) a political subdivision (as defined in IC 36-1-2);
(2) a regional water, sewage, or solid waste district organized
under:
(A) IC 13-26; or
(B) IC 13-3-2 (before its repeal July 1, 1996);
(3) a local public improvement bond bank organized under
IC 5-1.4;
(4) a qualified entity described in IC 5-1.5-1-8(4) that is a public
water utility described in IC 8-1-2-125; or
(5) a conservancy district established for the purpose set forth in
IC 14-33-1-1(a)(4).
(c) "Political subdivision", for purposes of IC 13-19-5, has the
meaning set forth in IC 36-1-2-13 and includes a redevelopment district
under IC 36-7-14 or IC 36-7-15.1.".
SOURCE: Page 4, line 14; (07)MO043105.4. -->
Page 4, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 13-18-10-0.4; (07)MO043105.7. -->
"SECTION 7. IC 13-18-10-0.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 0.4. (a) The department and the
boards have sole regulatory authority for the protection of the
following with respect to confined feeding operations and CAFOs:
(1) Human health.
(2) The environment.
(b) A political subdivision has regulatory authority for confined
feeding operations and CAFOs only with respect to the following:
(1) Land use.
(2) Zoning.".
SOURCE: Page 4, line 16; (07)MO043105.4. -->
Page 4, line 16, delete "JANUARY 1, 2008]:" and insert "JULY 1,
2007]:".
Page 4, line 17, after "construction" insert "
or modification".
Page 5, line 5, delete "to which either of the following" and insert
"
that:
(i) constitute a material violation of a state or federal
environmental law or regulation; and
(ii) present a substantial endangerment to human health
or the environment.".
Page 5, delete lines 6 through 10.
Page 5, line 19, delete "to which either of the following" and insert
"
that:
(i) constitute a material violation of a state or federal
environmental law or regulation; and
(ii) present a substantial endangerment to human health
or the environment.".
Page 5, delete lines 20 through 24.
Page 5, line 37, after "construction" insert "
or modification".
Page 6, line 17, delete "A" and insert "
Except as provided in
subsection (f), a".
Page 6, line 25, after "issued" insert ",
or to modify a confined
feeding operation or a CAFO,".
Page 6, line 29, delete ";" and insert "
or modified;".
Page 6, line 32, after "located" insert "
or modified".
Page 6, line 35, delete ";" and insert "
or modified;".
Page 6, after line 42, begin a new paragraph and insert:"
(c) A person must comply with subsection (d) if:
(1) the person is not required to file an application as
provided in section 1(b) of this chapter for construction of a
CAFO:
(A) on land that is undeveloped; or
(B) for which:
(i) a valid existing approval has not been issued; or
(ii) an NPDES permit has not been obtained;
or for modification of a CAFO; and
(2) the person files:
(A) an application under 327 IAC 5 for an individual
NPDES permit for the construction or modification of a
CAFO; or
(B) a notice of intent under 327 IAC 15 for general NPDES
permit coverage for construction or modification of a
CAFO.
(d) A person referred to in subsection (c) shall make a
reasonable effort to provide notice:
(1) to:
(A) each person who owns land that adjoins the land on
which the CAFO is to be located or modified; or
(B) if a person who owns land that adjoins the land on
which the CAFO is to be located or modified does not
occupy the land, all occupants of the land; and
(2) to the county executive of the county in which the CAFO
is to be located or modified;
not more than ten (10) working days after submitting an
application or filing a notice of intent. The notice must be sent by
mail, be in writing, include the date on which the application or
notice of intent was submitted to or filed with the department, and
include a brief description of the subject of the application or
notice of intent. The person shall pay the cost of complying with
this subsection. The person shall submit an affidavit to the
department that certifies that the person has complied with this
subsection.
(e) The department shall:
(1) publish under IC 5-3-1 notice of:
(A) an application submitted under:
(i) subsection (a); or
(ii) subsection (c)(2)(A); or
(B) a notice of intent filed under subsection (c)(2)(B); and
(2) publish the notice required under subdivision (1):
(A) in the newspaper of general circulation with the largest
circulation in the county in which the confined feeding
operation or CAFO is to be located or modified; and
(B) one (1) time not more than ten (10) working days after
the date of:
(i) submission of the application; or
(ii) filing of the notice of intent.
(f) The fee for a modification of a confined feeding operation or
CAFO is the fee determined by rule by the department as a
percentage of the fee established in subsection (a)(5) determined to
account for the magnitude of the modification as compared to the
magnitude of the original construction.".
Page 7, line 1, strike "(c)" and insert " (g)".
Page 10, line 39, after "payable" insert " annually".
Page 10 line 41, delete "indicated number of animals:" and insert
" following amount for each category under subsection (b) based on
the number of each type of confined animal:
Category A $100
Category B $200
Category C $800
Category D $1,500
(b) The categories for purposes of subsection (a) are as follows:
Category A
Category B
Mature cows 300 to 499
500 to 699
Other cattle 300 to 699
700 to 999
Swine at least 55 lbs 600 to 999
1,000 to 2,499
Swine less than 55 lbs 600 to 4,999
5,000 to 9,999
Chickens 30,000 to 74,999
75,000 to 124,999
Turkeys 30,000 to 39,999
40,000 to 54,999
Ducks 30,000 to 59,999
60,000 to 99,999
Sheep 600 to 4,999
5,000 to 9,999
Horses not applicable
not applicable
Category C
Category D
Mature cows 700 to 1,999
at least 2,000
Other cattle 1,000 to 2,999
at least 3,000
Swine at least 55 lbs 2,500 to 7,499
at least 7,500
Swine less than 55 lbs 10,000 to 19,999
at least 20,000
Chickens 125,000 to 399,999
at least 400,000
Turkeys 55,000 to 174,999
at least 175,000
Ducks 100,000 to 299,999
at least 300,000
Sheep 10,000 to 19,999
at least 20,000
Horses 500 to 999
at least 1,000
(c) A confined feeding operation that:
(1) provides confined feeding for a number of animals less
than the minimum number of animals stated in
IC 13-11-2-40(1); and
(2) is a confined feeding operation as a result of meeting the
criteria in IC 13-11-2-40(2) or IC 13-11-2-40(3);
is subject to the annual fee prescribed in subsections (a) and (b) for
Category A.".
Page 10, delete line 42.
Page 11, delete lines 1 through 24.
Page 11, line 25, delete "(b)" and insert " (d)".
Page 11, line 27, delete "Subsection (a)." and insert " This section.".
Page 12, between lines 39 and 40, begin a new paragraph and insert:
SOURCE: ; (07)MO043105.21. -->
"SECTION 21. [EFFECTIVE UPON PASSAGE]
The department
of environmental management shall adopt temporary rules in the
manner provided for the adoption of emergency rules under
IC 4-22-2-37.1 to establish fees under IC 13-18-10-2(f), as added by
this act. A temporary rule adopted under this subsection expires on
the earliest of the following:
(1) The date that the department of environmental
management adopts another temporary rule under this
SECTION that repeals, amends, or supersedes the previously
adopted temporary rule.
(2) The date that the department of environmental
management adopts a permanent rule that repeals, amends,
or supersedes the previously adopted temporary rule.
(3) The date specified in the temporary rule.
(4) December 31, 2008.".
SOURCE: Page 12, line 41; (07)MO043105.12. -->
Page 12, after line 41, begin a new paragraph and insert:
SOURCE: ; (07)MO043105.23. -->
"SECTION 23.
An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to SB 431 as printed February 21, 2007.)
________________________________________
Senator GARD