February 21, 2007





SENATE BILL No. 458

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DIGEST OF SB 458 (Updated February 19, 2007 11:31 am - DI 52)



Citations Affected: IC 13-11; IC 13-30.

Synopsis: Environmental civil penalties. Allows the department of environmental management to waive civil penalties imposed for certain minor violations on a state agency or political subdivision. Prohibits waiver with respect to an intentional, willful, or criminal act, omission, or failure only with respect to a partner, officer, or director of a business, state agency, or political subdivision acting within the scope of the person's employment or office.

Effective: July 1, 2007.





Dillon




    January 11, 2007, read first time and referred to Committee on Energy and Environmental Affairs.
    February 20, 2007, amended, reported favorably _ Do Pass.






February 21, 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.

SENATE BILL No. 458



    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 13-11-2-164; (07)SB0458.1.1. -->     SECTION 1. 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 13-18-21, 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.
     (d) "Political subdivision", for purposes of IC 13-30-4, has the meaning set forth in IC 36-1-2-13.

SOURCE: IC 13-11-2-219.1; (07)SB0458.1.2. -->     SECTION 2. IC 13-11-2-219.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 219.1. "State agency", for purposes of IC 13-30-4, means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of state government.
SOURCE: IC 13-30-4-3; (07)SB0458.1.3. -->     SECTION 3. IC 13-30-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The department may waive up to one hundred percent (100%) of a civil penalty imposed on a business, a state agency, or a political subdivision for a minor violation of:
        (1) a requirement of environmental management laws;
        (2) a rule adopted by a board; or
        (3) any determination, permit, or order made or issued by the commissioner.
    (b) The department may not waive any part of a civil penalty under this section if the violation:
        (1) endangers or causes damage to public health or the environment;
        (2) is results from an intentional, willful, or criminal act, omission, or failure of a partner, officer, or director of the business, state agency, or political subdivision acting within the scope of that person's employment or office;
        (3) is of a requirement for which the department has previously issued a notice or warning of violation, for this or a prior violation, to the business, state agency, or political subdivision required to correct the violation; or
        (4) is not corrected within ninety (90) days after the date the business, state agency, or political subdivision required to correct the violation notifies the department of the violation under subsection (c). The department may extend the ninety (90) day period for not more than an additional ninety (90) days.
    (c) To seek a waiver of a civil penalty under this section, the business, state agency, or political subdivision required to correct the violation must submit to the department a written report of the violation for which a waiver is sought. The report must be submitted to the department before an inspection by the department that discloses the violation or the issuance of a notice or warning of violation.
    (d) The boards may adopt rules to implement this section.