January 18, 2008
HOUSE BILL No. 1168
_____
DIGEST OF HB 1168
(Updated January 15, 2008 12:43 pm - DI 77)
Citations Affected: IC 13-11; IC 13-18; IC 15-3; noncode.
Synopsis: Confined feeding operations and manure haulers.
Establishes good character disclosure requirements for CFOs and
CAFOs (operations). Allows the department of environmental
management (IDEM) to review and act on disclosed good character
information. Establishes construction and modification fees and annual
fees and financial assurance requirements for operations. Establishes
a confined feeding operation inspection fund. Requires IDEM to
inspect operations at least one time each year. Requires IDEM to
revoke the approval for an operation if at least three violations of
confined feeding or water pollution control laws occur at the operation
in any two year period. Establishes a manure hauler certification
program administered by the state chemist.
Effective: Upon passage; July 1, 2008; January 1, 2009.
Cheatham
, Saunders
January 14, 2008, read first time and referred to Committee on Agriculture and Rural
Development.
January 16, 2008, reported _ Do Pass.
January 17, 2008, referred to Committee on Ways and Means pursuant to Rule 127.
January 18, 2008
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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between statutes enacted by the 2007 Regular Session of the General Assembly.
HOUSE BILL No. 1168
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-11-2-8; (08)HB1168.2.1. -->
SECTION 1. IC 13-11-2-8, AS AMENDED BY P.L.154-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 8. (a) "Applicant", for purposes of
IC 13-18-10, refers to a person (as defined in section 158(b) of this
chapter) that submits an application to the department under
IC 13-18-10-2.
(a) (b) "Applicant", for purposes of IC 13-19-4, means an
individual, a corporation, a limited liability company, a partnership, or
a business association that:
(1) receives, for commercial purposes, solid or hazardous waste
generated offsite for storage, treatment, processing, or disposal;
and
(2) applies for the issuance, transfer, or major modification of a
permit described in IC 13-15-1-3 other than a postclosure permit
or an emergency permit.
For purposes of this subsection, an application for the issuance of a
permit does not include an application for renewal of a permit.
(b) (c) "Applicant", for purposes of IC 13-20-2, means an
individual, a corporation, a limited liability company, a partnership, or
a business association that applies for an original permit for the
construction or operation of a landfill.
(c) (d) For purposes of subsection (a), (b), "applicant" does not
include an individual, a corporation, a limited liability company, a
partnership, or a business association that:
(1) generates solid or hazardous waste; and
(2) stores, treats, processes, or disposes of the solid or hazardous
waste at a site that is:
(A) owned by the individual, corporation, partnership, or
business association; and
(B) limited to the storage, treatment, processing, or disposal of
solid or hazardous waste generated by that individual,
corporation, limited liability company, partnership, or business
association.
SOURCE: IC 13-11-2-71; (08)HB1168.2.2. -->
SECTION 2. IC 13-11-2-71, AS AMENDED BY P.L.137-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 71. "Environmental management laws"
refers to the following:
(1) IC 13-12-2 and IC 13-12-3.
(2) IC 13-13.
(3) IC 13-14.
(4) IC 13-15.
(5) IC 13-16.
(6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11.
(7) IC 13-18-10, IC 13-18-12, IC 13-18-13-31, and IC 13-18-15
through IC 13-18-20.
(8) IC 13-19-1, IC 13-19-4, and IC 13-19-5-17.
(9) IC 13-20-1, IC 13-20-2, IC 13-20-4 through IC 13-20-15,
IC 13-20-17.7, IC 13-20-19 through IC 13-20-21, and
IC 13-20-22-21.
(10) IC 13-22.
(11) IC 13-23.
(12) IC 13-24.
(13) IC 13-25-1 through IC 13-25-5.
(14) IC 13-27-8.
(15) IC 13-30, except IC 13-30-1.
SOURCE: IC 13-11-2-129.9; (08)HB1168.2.3. -->
SECTION 3. IC 13-11-2-129.9 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]:
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 13-11-2-191; (08)HB1168.2.4. -->
SECTION 4. IC 13-11-2-191 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 191.
(a)
"Responsible party", for purposes of IC 13-18-10, means any of the
following:
(1) An applicant referred to in IC 13-18-10-1.5(a).
(2) A person referred to in IC 13-18-10-1.5(b).
(3) An officer, a corporation director, or a senior management
official of any of the following that is an applicant referred to
in IC 13-18-10-1.5(a) or a person referred to in
IC 13-18-10-1.5(b):
(A) A corporation.
(B) A partnership.
(C) A limited liability company.
(D) A business association.
(a) (b) "Responsible party", for purposes of IC 13-19-4, means:
(1) an officer, a corporation director, or a senior management
official of a corporation, partnership, limited liability company, or
business association that is an applicant; or
(2) an individual, a corporation, a limited liability company, a
partnership, or a business association that owns, directly or
indirectly, at least a twenty percent (20%) interest in the
applicant.
(b) (c) "Responsible party", for purposes of IC 13-20-6, means:
(1) an officer, a corporation director, or a senior management
official of a corporation, partnership, limited liability company, or
business association that is an operator; or
(2) an individual, a corporation, a limited liability company, a
partnership, or a business association that owns, directly or
indirectly, at least a twenty percent (20%) interest in the operator.
(c) (d) "Responsible party", for purposes of IC 13-24-2, has the
meaning set forth in Section 1001 of the federal Oil Pollution Act of
1990 (33 U.S.C. 2701).
(d) (e) "Responsible party", for purposes of IC 13-25-6, means a
person:
(1) who:
(A) owns hazardous material that is involved in a hazardous
materials emergency; or
(B) owns a container or owns or operates a vehicle that
contains hazardous material that is involved in a hazardous
materials emergency; and
(2) who:
(A) causes; or
(B) substantially contributes to the cause of;
the hazardous materials emergency.
SOURCE: IC 13-18-10-1; (08)HB1168.2.5. -->
SECTION 5. IC 13-18-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 1. (a) Except as
provided in subsection (b), a person may not start construction or
modification of a confined feeding operation either of the following
without obtaining the prior approval of the department:
(1) A confined feeding operation.
(2) A CAFO.
(b) Subject to section 1.5 of this chapter, obtaining an NPDES
permit for a CAFO meets the requirements of subsection (a) (a)(2) and
327 IAC 16 to obtain an approval.
SOURCE: IC 13-18-10-1.5; (08)HB1168.2.6. -->
SECTION 6. IC 13-18-10-1.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]:
Sec. 1.5. (a) An applicant must
include in the application the disclosure statement or statements
referred to in subsection (c) and proof of financial assurance
referred to in subsection (f).
(b) A person that obtains an NPDES permit for a CAFO as
provided in section 1(b) of this chapter must include the disclosure
statement or statements referred to in subsection (c) and proof of
financial assurance referred to in subsection (f) in:
(1) the application for an individual NPDES permit for the
CAFO under 327 IAC 5; or
(2) the notice of intent filed under 327 IAC 15 for general
NPDES permit coverage for the CAFO.
(c) A person referred to in subsection (a) or (b) must submit to
the department a disclosure statement for each responsible party
that includes the following:
(1) The name and business address of the responsible party.
(2) A description of the responsible party's experience in
managing the type of facility that will be managed under the
permit.
(3) A description of all pending administrative, civil, or
criminal enforcement actions filed against the responsible
party alleging either of the following:
(A) Acts or omissions 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.
(B) Knowing repeated violations of state or federal
environmental laws or regulations that could lead to
environmental harm.
(4) A description of all finally adjudicated or settled
administrative, civil, or criminal enforcement actions resolved
against the responsible party within the five (5) years that
immediately precede the date of the application involving
either of the following:
(A) Acts or omissions 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.
(B) Knowing repeated violations of state or federal
environmental laws or regulations that could lead to
environmental harm.
(5) Identification of all state and federal environmental
permits previously denied or revoked.
(d) A disclosure statement submitted under subsection (c):
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44-2-1.
(e) The department may investigate and verify the information
set forth in a disclosure statement submitted under subsection (b).
(f) A person referred to in subsection (a) or (b) must submit to
the department evidence of financial assurance, maintained in
accordance with and in amounts set in rules adopted under section
4 of this chapter. The financial assurance must be in the form of:
(1) a bond for performance, executed by a corporate surety
licensed to do business in Indiana;
(2) a negotiable certificate of deposit; or
(3) a negotiable letter of credit;
payable to the department and conditional upon faithful
performance of the requirements of this chapter and compliance
with other environmental laws.
SOURCE: IC 13-18-10-2; (08)HB1168.2.7. -->
SECTION 7. IC 13-18-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2. (a) Application
for approval of the construction
or modification of a confined feeding
operation
or a CAFO must be made on a form provided by the
department. An applicant must submit the completed application form
to the department together with the following:
(1) Plans and specifications for the design and operation of
manure treatment and control facilities.
(2) A manure management plan that outlines procedures for the
following:
(A) Soil testing.
(B) Manure testing.
(3) Maps of manure application areas.
(4) Supplemental information that the department requires,
including the following:
(A) General features of topography.
(B) Soil types.
(C) Drainage course.
(D) Identification of nearest streams, ditches, and lakes.
(E) Location of field tiles.
(F) Location of land application areas.
(G) Location of manure treatment facilities.
(H) Farmstead plan, including the location of water wells on
the site.
(5) Except as provided in subsection (e), a fee of one hundred
dollars ($100). The department shall:
(A) refund the fee if the department does not make a
determination in accordance with the time period established
under section 2.1 of this chapter; and
(B) deposit the fee revenue collected under this subdivision
in the confined feeding operation inspection fund
established by section 2.8 of this chapter.
(6) The disclosure statement or statements and the proof of
financial assurance required under section 1.5 of this chapter.
(b) An applicant who applies for approval to construct a confined
feeding operation or a CAFO on land that is undeveloped or for which
a valid existing approval has not been issued, or to modify a confined
feeding operation or a CAFO, shall make a reasonable effort to
provide notice:
(1) to:
(A) each person who owns land that adjoins the land on which
the confined feeding operation or the CAFO is to be located
or modified; or
(B) if a person who owns land that adjoins the land on which
the confined feeding operation or 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 confined
feeding operation
or the CAFO is to be located
or modified;
not more than ten (10) working days after submitting an application.
The notice must be sent by mail, be in writing, include the date on
which the application was submitted to the department, and include a
brief description of the subject of the application. The applicant shall
pay the cost of complying with this subsection. The applicant shall
submit an affidavit to the department that certifies that the applicant
has complied with this subsection.
(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 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 for the type of operation in
subsection (a)(5) determined to account for the magnitude of the
modification as compared to the magnitude of the original
construction. The department shall deposit the fee revenue
collected under this subsection in the confined feeding operation
inspection fund established by section 2.8 of this chapter.
(c) (f) Plans and specifications for manure treatment or control
facilities for a confined feeding operation or a CAFO must secure the
approval of the department. The department shall approve the
construction and operation of the manure management system of the
confined feeding operation or the CAFO if the commissioner
determines that the applicant meets the requirements of:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations or CAFOs.
SOURCE: IC 13-18-10-2.1; (08)HB1168.2.8. -->
SECTION 8. IC 13-18-10-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2.1. (a) The
department:
(1) shall make a determination on an application not later than
ninety (90) days after the date the department receives the
completed application, including all required supplemental
information, unless the department and the applicant agree to a
longer time; and
(2) may conduct any inquiry or investigation, consistent with the
department's duties under this chapter, the department considers
necessary before making a determination.
(b) If the department fails to make a determination on an application
not later than ninety (90) days after the date the department receives
the completed application, the applicant may request and receive a
refund of an approval application fee paid by the applicant, and the
commissioner shall:
(1) continue to review the application;
(2) approve or deny the application as soon as practicable; and
(3) refund the applicant's application fee not later than twenty-five
(25) working days after the receipt of the applicant's request.
(c) The commissioner may suspend the processing of an application
and the ninety (90) day period described under this section if either of
the following applies:
(1) The department:
(A) determines within thirty (30) days after the department
receives the application that the application is incomplete; and
(B) has mailed a notice of deficiency to the applicant that
specifies the parts of the application that:
(1) (i) do not contain adequate information for the
department to process the application; or
(2) (ii) are not consistent with applicable law.
(2) The department:
(A) determines that the applicant is subject to any pending
action as described in section 1.5(c)(3) of this chapter; and
(B) is diligently pursuing the pending action under
IC 13-30.
(d) The department may establish requirements in an approval
regarding that part of the confined feeding operation or the CAFO that
concerns manure handling and application to assure compliance with:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations or CAFOs.
(e) Subject to subsection (f), the commissioner may deny an
application upon making either of the following findings:
(1) A responsible party intentionally misrepresented or
concealed any material fact in:
(A) a disclosure statement; or
(B) other information;
required by section 1.5 of this chapter.
(2) An enforcement action was resolved against a responsible
party as described in section 1.5(c)(4) of this chapter.
(f) The commissioner may not deny an application under this
section based solely on pending actions disclosed under section
1.5(c)(3) of this chapter.
(g) Before making a determination to approve or deny an
application, the commissioner must consider the following factors:
(1) The nature and details of the acts attributed to the
applicant or responsible party.
(2) The degree of culpability of the responsible party.
(3) The responsible party's cooperation with the state or
federal agencies involved in the investigation of the activities
involved in actions referred to in section 1.5(c)(4) of this
chapter.
(4) The responsible party's dissociation from any other
persons or entities convicted in a criminal enforcement action
referred to in section 1.5(c)(4) of this chapter.
(5) Prior or subsequent self-policing or internal education
programs established by the responsible party to prevent acts,
omissions, or violations referred to in section 1.5(c)(4) of this
chapter.
(6) Whether the best interests of the public will be served by
denial of the permit.
(7) Any demonstration of good citizenship by the person or
responsible party.
(h) Except as provided in subsection (i), in taking action under
subsection (e), the commissioner must make separately stated
findings of fact to support the action taken. The findings of fact
must:
(1) include a statement of ultimate fact; and
(2) be accompanied by a concise statement of the underlying
basic facts of record to support the findings.
(i) If the commissioner denies an application under subsection
(e), the commissioner is not required to explain the extent to which
any of the factors set forth in subsection (g) influenced the denial.
(e) (j) The department may amend an approval of an application or
revoke an approval of an application:
(1) for failure to comply with:
(A) this chapter;
(B) rules adopted under this chapter;
(C) the water pollution control laws; or
(D) rules adopted under the water pollution control laws; and
(2) as needed to prevent discharges of manure into the
environment that pollute or threaten to pollute the waters of the
state.
SOURCE: IC 13-18-10-2.2; (08)HB1168.2.9. -->
SECTION 9. IC 13-18-10-2.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2.2. (a) If an
applicant receives an approval under this chapter and completes
construction, not more than thirty (30) days after the date the applicant
completes the construction the applicant shall execute and send to the
department an affidavit that affirms under penalties of perjury that the
confined feeding operation or CAFO:
(1) was constructed; and
(2) will be operated;
in accordance with the requirements of the department's approval.
(b) Construction of an approved confined feeding operation or
CAFO must:
(1) begin not later than two (2) years; and
(2) be completed not later than four (4) years;
after the date the department approves the construction of the confined
feeding operation or CAFO or the date all appeals brought under
IC 4-21.5 concerning the construction of the confined feeding
operation or CAFO have been completed, whichever is later.
SOURCE: IC 13-18-10-2.6; (08)HB1168.2.10. -->
SECTION 10. IC 13-18-10-2.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2.6. The
department shall establish a compliance and technical assistance
program for owners and operators of confined feeding operations and
CAFOs that may be administered by:
(1) the department;
(2) a state college or university; or
(3) a contractor.
SOURCE: IC 13-18-10-2.7; (08)HB1168.2.11. -->
SECTION 11. IC 13-18-10-2.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 2.7. (a) Subject to
subsections (c), (d), (e), (f), (g), and (i), the following fees payable
to the department apply to confined feeding operations and CAFOs
based on the following amount for each category under subsection
(b) based on the number of each type of confined animal included
in the most recent approval under section 1(a) of this chapter or
NPDES permit referred to in section 1(b) of this chapter:
Category A $250
Category B $500
Category C $250
Category D $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 fee prescribed in subsections (a) and (b) for
Category A.
(d) The department shall determine by rule a fee that is a
reduced percentage of the fee established in subsections (a) and (b)
for each of two (2) or more confined feeding operations or CAFOs
for which efficiency in inspecting the multiple facilities results from
any of the following:
(1) Proximity of not more than twenty (20) miles from each
other.
(2) Common ownership.
(3) Biosecurity protocols.
(e) The fee determined under this section applies for a calendar
year only if the confined feeding operation or CAFO held:
(1) an approval under section 1(a) of this chapter; or
(2) an NPDES permit referred to in section 1(b) of this
chapter;
for at least six (6) months of the calendar year.
(f) A confined feeding operation or CAFO that holds:
(1) an approval under section 1(a) of this chapter; or
(2) an NPDES permit referred to in section 1(b) of this
chapter;
for more than one (1) type of animal listed in subsection (b) for a
calendar year at a single location is required to pay with respect to
that location only the highest fee determined under this section for
the calendar year for one (1) of those types of animals.
(g) A CAFO subject to a fee under the following is not subject
to NPDES permit fees under IC 13-18-20:
(1) This section.
(2) Section 2 of this chapter.
(h) The department shall deposit the fee revenue collected under
this section in the confined feeding operation inspection fund
established by section 2.8 of this chapter.
(i) The fees for:
(1) Category A and Category B under subsection (a) must be
paid every five (5) years; and
(2) Category C and Category D under subsection (a) must be
paid every year.
SOURCE: IC 13-18-10-2.8; (08)HB1168.2.12. -->
SECTION 12. IC 13-18-10-2.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 2.8. (a) The confined feeding
operation inspection fund is established to permit the department
to inspect confined feeding operations, including CAFOs, to
determine compliance with this title.
(b) The department shall administer the fund. Money in the
fund is annually appropriated to the department for purposes of
this chapter.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(e) Money in the fund at the end of a fiscal year does not revert
to the state general fund.
SOURCE: IC 13-18-10-4; (08)HB1168.2.13. -->
SECTION 13. IC 13-18-10-4, AS AMENDED BY P.L.2-2007,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 4. (a)
Subject to subsection
(c), the board may adopt rules under IC 4-22-2 and IC 13-14-9 and the
department may adopt policies or statements under IC 13-14-1-11.5
that are necessary for the proper administration of this chapter. The
rules, policies, or statements may concern construction and operation
of confined feeding operations
and CAFOs and may include uniform
standards for:
(1) construction and manure containment that are appropriate for
a specific site; and
(2) manure application and handling that are consistent with best
management practices:
(A) designed to reduce the potential for manure to be
conveyed off a site by runoff or soil erosion; and
(B) that are appropriate for a specific site.
(b) Standards adopted in a rule, policy, or statement under
subsection (a) must:
(1) consider confined feeding standards that are consistent with
standards found in publications from:
(A) the United States Department of Agriculture;
(B) the Natural Resources Conservation Service of the United
States Department of Agriculture;
(C) the Midwest Plan Service; and
(D) postsecondary educational institution extension bulletins;
and
(2) be developed through technical review by the department,
postsecondary educational institution specialists, and other animal
industry specialists.
(c) The board shall:
(1) adopt rules under IC 4-22-2 and IC 13-14-9 to set the
amount of financial assurance required of a person under
section 1.5(f) of this chapter; and
(2) set graduated amounts under subdivision (1) for the
categories of operations specified in section 2.7(b) of this
chapter based on the greater potential liability associated with
larger operations.
SOURCE: IC 13-18-10-6; (08)HB1168.2.14. -->
SECTION 14. IC 13-18-10-6, AS AMENDED BY P.L.137-2007,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a) A person who violates this chapter is
subject to the penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a person who violates this chapter may be subject to
criminal prosecution under IC 13-30-10.
(b) Notwithstanding section 2.1(j) of this chapter, the
department shall revoke the approval for a confined feeding
operation if at least three (3) violations of:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws; or
(4) rules adopted under the water pollution control laws;
occur at the confined feeding operation in any two (2) year period.
SOURCE: IC 13-18-10-7; (08)HB1168.2.15. -->
SECTION 15. IC 13-18-10-7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 7. The department shall
inspect each confined feeding operation, including CAFOs, at least
one (1) time each year.
SOURCE: IC 13-18-20-12; (08)HB1168.2.16. -->
SECTION 16. IC 13-18-20-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 12. (a) Except as
provided in subsection (c), when a person files an application with the
department concerning a NPDES permit, including:
(1) an application for an initial permit;
(2) the renewal of a permit;
(3) the modification of a permit; or
(4) a variance from a permit;
the person must remit an application fee of fifty dollars ($50) to the
department.
(b) If a person does not remit an application fee to the department,
the department shall deny the person's application.
(c) This section does not apply to a person filing an application
or a notice of intent for:
(1) an initial permit;
(2) renewal of a permit; or
(3) modification of a permit;
issued under 327 IAC 5 or 327 IAC 15 for an individual or general
NPDES permit for a CAFO.
(d) A person referred to in subsection (c) is subject to fees under
IC 13-18-10.
SOURCE: IC 15-3-3-15; (08)HB1168.2.17. -->
SECTION 17. IC 15-3-3-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 15. (a) A person
who:
(1) knowingly makes a false statement in application for
registration required in section 4 of this chapter;
(2) offers for sale or sells, by sample or otherwise, any package or
sample, or any quantity, or any commercial fertilizer, the analysis
and brand of which has not been registered as provided in section
4 of this chapter;
(3) fails to pay the fees as provided in section 6 of this chapter;
(4) hauls manure in violation of section 18 of this chapter; or
(4) (5) otherwise violates this chapter;
commits a Class C infraction. In all prosecutions involving the
composition of a commercial fertilizer, a certified copy of the official
analysis signed by the state chemist shall be accepted as prima facie
evidence of the composition.
(b) The state chemist need not report, for prosecution or for the
institution of seizure proceedings, minor violations of this chapter
when he believes that the public interest will be best served by a
suitable notice of warning in writing.
(c) The state chemist may apply for a temporary or permanent
injunction restraining any person from violating or continuing to
violate this chapter or any rule or regulation promulgated under this
chapter, notwithstanding the existence of other remedies at law. The
injunction shall be issued without bond.
SOURCE: IC 15-3-3-18; (08)HB1168.2.18. -->
SECTION 18. IC 15-3-3-18 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]:
Sec. 18. (a) The state chemist shall establish a
manure hauler certification program to take effect January 1,
2009. The state chemist shall by rule establish the following:
(1) Subject to subsections (b) and (c), terms, conditions,
application requirements, financial assurance requirements,
and fees for certification.
(2) Record keeping requirements for certified manure
haulers.
(3) Standards for revocation of a certification based on
significant violations of this chapter or environmental laws.
(b) The amount of the fee established under subsection (a) may
not be more than is necessary to recover the cost of establishing
and operating the certification program.
(c) The board shall set the amounts of financial assurance
required of manure haulers under subsection (a)(1) based on the
potential liability associated with the operations of manure haulers.
(d) Except as provided in subsection (e), a person may transport
manure in Indiana, regardless of where the manure is generated,
only if the person:
(1) has successfully completed a manure hauler certification
program conducted or approved by the state chemist; and
(2) holds a valid manure hauler certification issued by the
state chemist under this chapter.
(e) Subsection (d) does not apply to a person that transports
manure within the boundaries of real property owned, leased, or
controlled by the person.
(f) To apply for a certificate as a manure hauler, a person must
submit at least the following to the state chemist:
(1) The person's name.
(2) The address of the person's principal office.
(3) The addresses of any offices maintained by the person in
Indiana.
(4) Evidence of financial assurance maintained in accordance
with rules adopted under subsection (a). The financial
assurance must be in the form of:
(A) a bond for performance, executed by a corporate
surety licensed to do business in Indiana;
(B) a negotiable certificate of deposit; or
(C) a negotiable letter of credit;
payable to the state chemist and conditional upon faithful
performance of the requirements of this chapter and
compliance with environmental laws.
(g) For purposes of the certification program, the state chemist
shall develop training and educational requirements and other
criteria. Training must at a minimum address the following:
(1) Laws and rules pertaining to manure hauling.
(2) Best management practices with respect to manure
hauling and safety procedures.
(h) The state chemist may approve training and education
programs that:
(1) meet the requirements of this section; and
(2) are developed by educational institutions or entities.
SOURCE: ; (08)HB1168.2.19. -->
SECTION 19. [EFFECTIVE UPON PASSAGE]
(a) This
SECTION applies notwithstanding the effective date of:
(1) IC 13-18-10-1.5, as added by this act; and
(2) the amendments under this act to IC 13-11-2-8,
IC 13-11-2-191, IC 13-18-10-1, IC 13-18-10-2, IC 13-18-10-2.1,
and IC 13-18-10-2.2.
(b) The definitions in IC 13-11-2 apply throughout this
SECTION.
(c) Subject to subsection (d), the Indiana Code sections referred
to in subsection (a), as added or amended by this act, apply to the
following confined feeding operations and CAFOs in the same
manner those sections would have applied if those sections had
been in effect on the date the application for the confined feeding
operation or CAFO was submitted to the department or the notice
of intent for general NPDES permit coverage for the CAFO was
filed with the department:
(1) A confined feeding operation or CAFO for which a person
is required to submit an application to the department for
approval under IC 13-18-10-1(a), as amended by this act.
(2) A CAFO for which a person is required to submit an
application to the department for approval of an individual
NPDES permit for the CAFO under 327 IAC 5.
(3) A CAFO for which a person is required to file a notice of
intent under 327 IAC 15 for general NPDES permit coverage
for the CAFO.
(d) Subsection (c) applies only if:
(1) an application referred to in subsection (c) was not
approved by the department before the effective date of this
SECTION; or
(2) the date of submission of a notice of intent referred to in
subsection (c) is on or after the effective date of this
SECTION.
SOURCE: IC 13-18-20-11.5; (08)HB1168.2.20. -->
SECTION 20. IC 13-18-20-11.5 IS REPEALED [EFFECTIVE
JANUARY 1, 2009].
SOURCE: ; (08)HB1168.2.21. -->
SECTION 21.
An emergency is declared for this act.