HB 1329-1_ Filed 01/28/2002, 13:18
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
11
NO:
0
MR. SPEAKER:
Your Committee on Environmental Affairs , to which was referred House Bill
1329 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (02)AM132902.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-21.5-3-4; (02)AM132902.1. -->
"SECTION 1.
IC 4-21.5-3-4
, AS AMENDED BY P.L.54-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 4. (a) Notice must be given under this section
concerning the following:
(1) The grant, renewal, restoration, transfer, or denial of a license
by the bureau of motor vehicles under IC 9.
(2) The grant, renewal, restoration, transfer, or denial of a
noncommercial fishing or hunting license by the department of
natural resources under IC 14.
(3) The grant, renewal, restoration, transfer, or denial of a license
by a board described in
IC 25-1-8-1.
(4) The grant, renewal, suspension, revocation, or denial of a
certificate of registration under IC 25-5.2.
(5) A personnel decision by an agency.
(6) The grant, renewal, restoration, transfer, or denial of a license
by the department of environmental management or the
commissioner of the department under the following:
(A) Environmental management laws (as defined in
IC 13-11-2-71
) for the construction, installation, or
modification of:
(i) sewers and appurtenant facilities, devices, or structures
for the collection and transport of sewage (as defined in
IC 13-11-2-200
) or storm water to a storage or treatment
facility or to a point of discharge into the environment; or
(ii) pipes, pumps, and appurtenant facilities, devices, or
structures that are part of a public water supply system (as
defined in IC 13-11-2-177)
IC 13-11-2-177.3
) and that are
used to transport water to a storage or treatment facility or to
distribute water to the users of the public water supply;
system;
where a federal, state, or local governmental body has given or
will give public notice and has provided or will provide an
opportunity for public participation concerning the activity
that is the subject of the license.
(B) Environmental management laws (as defined in
IC 13-11-2-71
) for the registration of a device or a piece of
equipment.
(C)
IC 13-17-6-1
for a person to engage in the inspection,
management, and abatement of asbestos containing material.
(D)
IC 13-18-11
for a person to operate a wastewater treatment
plant.
(E)
IC 13-15-10
for a person to operate the following:
(i) A solid waste incinerator or a waste to energy facility.
(ii) A land disposal site.
(iii) A facility described under
IC 13-15-1-3
whose
operation could have an adverse impact on the environment
if not operated properly.
(F)
IC 13-20-4
for a person to operate a municipal waste
collection and transportation vehicle.
(b) When an agency issues an order described by subsection (a), the
agency shall give a written notice of the order to the following persons:
(1) Each person to whom the order is specifically directed.
(2) Each person to whom a law requires notice to be given.
A person who is entitled to notice under this subsection is not a party
to any proceeding resulting from the grant of a petition for review
under section 7 of this chapter unless the person is designated as a
party on the record of the proceeding.
(c) The notice must include the following:
(1) A brief description of the order.
(2) A brief explanation of the available procedures and the time
limit for seeking administrative review of the order under section
7 of this chapter.
(3) Any information required by law.
(d) An order under this section is effective when it is served.
However, if a timely and sufficient application has been made for
renewal of a license described by subsection (a)(3) and review is
granted under section 7 of this chapter, the existing license does not
expire until the agency has disposed of the proceeding under this
chapter concerning the renewal, unless a statute other than this article
provides otherwise. This subsection does not preclude an agency from
issuing under
IC 4-21.5-4
an emergency or other temporary order with
respect to the license.
(e) If a petition for review of an order described in subsection (a) is
filed within the period set by section 7 of this chapter and a petition for
stay of effectiveness of the order is filed by a party or another person
who has a pending petition for intervention in the proceeding, an
administrative law judge shall, as soon as practicable, conduct a
preliminary hearing to determine whether the order should be stayed in
whole or in part. The burden of proof in the preliminary hearing is on
the person seeking the stay. The administrative law judge may stay the
order in whole or in part. The order concerning the stay may be issued
after an order described in subsection (a) becomes effective. The
resulting order concerning the stay shall be served on the parties and
any person who has a pending petition for intervention in the
proceeding. It must include a statement of the facts and law on which
it is based.
SOURCE: IC 13-11-2-108; (02)AM132902.2. -->
SECTION 2.
IC 13-11-2-108
, AS AMENDED BY P.L.72-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 108. "Industrial permit", for purposes of
IC 13-14-8-11.6
and
IC 13-18-20
, refers to a National Pollutant
Discharge Elimination System (NPDES) permit other than a permit
issued to any of the following:
(1) a municipal facility;
(2) a state facility;
(3) a federal facility;
(4) a semipublic facility;
(5) a public water supply system facility; or
(6) a facility for storm water discharge.".
SOURCE: Page 2, line 27; (02)AM132902.2. -->
Page 2, between lines 27 and 28, begin a new paragraph and insert:
SOURCE: IC 13-11-2-177.3; (02)AM132902.6. -->
"SECTION 6.
IC 13-11-2-177.3
, AS AMENDED BY P.L.14-2000,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 177.3. "Public water system", for purposes of this
chapter, and
IC 13-18-11
,
IC 13-18-21
, and other environmental
management laws, has the meaning set forth in 42 U.S.C. 300f.".
SOURCE: Page 3, line 6; (02)AM132902.3. -->
Page 3, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 13-11-2-259; (02)AM132902.9. -->
"SECTION 9.
IC 13-11-2-259
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 259. "Water
distribution system", for purposes of
IC 13-18-11
and environmental
management laws, means that part of the public water supply system
in which water is conveyed from the water treatment plant to the
premises of the consumer.
SOURCE: IC 13-11-2-264; (02)AM132902.10. -->
SECTION 10.
IC 13-11-2-264
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 264. "Water treatment
plant", for purposes of
IC 13-18-11
and environmental management
laws, means that part of the public water supply system that provides
the water or in some way alters the physical, chemical, or
bacteriological quality of the water.
SOURCE: IC 13-15-8-1; (02)AM132902.11. -->
SECTION 11.
IC 13-15-8-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) This chapter
applies to an application for a permit issued under
IC 13-15-1
upon
property:
(1) that is undeveloped; or
(2) for which a valid existing permit has not been issued.
(b) This chapter does not apply to an application for a permit issued
under
IC 13-15-1
if the permit is for the construction, installation, or
modification of any of the following:
(1) A combined sewer.
(2) A sanitary sewer.
(3) A storm sewer.
(4) A public water supply. system.
(5) A water main extension.
SOURCE: IC 13-18-11-12; (02)AM132902.12. -->
SECTION 12.
IC 13-18-11-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) When a vacancy
in a position of operator occurs due to death, resignation, extended
illness, or a similar cause, the vacancy may be filled for a period not
exceeding one (1) year by an operator with a provisional certification.
(b) On written request of the governing body or owner of a
wastewater or public water supply system, the commissioner may issue
a provisional certification under subsection (a) to a person with the
required education and experience qualifications, until the person has
had an opportunity to qualify by examination and be certified under
this chapter.".
SOURCE: Page 3, line 34; (02)AM132902.3. -->
Page 3, delete lines 34 through 42.
Delete page 4.
Page 5, delete lines 32 through 42.
Page 7, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 13-18-16-1; (02)AM132902.16. -->
"SECTION 16.
IC 13-18-16-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1. (a) A permit is
required for the construction, installation, or modification of:
(1) sources;
(2) facilities;
(3) equipment; or
(4) devices;
of a public water
supply, system, including water distribution systems.
(b) Plans and specifications for the construction, installation, or
modification of sources, facilities, equipment, or devices of a public
water
supply system must be submitted to the commissioner with a
permit application. The plans and specifications must be complete and
of sufficient detail to show all proposed construction, changes, or
modifications that may affect the sanitary quality, chemical quality, or
adequacy of the public water
supply system involved. The applicant
shall supply any additional data or material considered appropriate by
the commissioner to a review of the plans and specifications.
(c) Unless otherwise provided in rules adopted under section 8(b)
of this chapter, plans and specifications must be submitted to the
commissioner with the permit application for water distribution
systems.
(d) Construction, installation, or modification of a public water
supply system may not begin until the commissioner has issued a
permit under subsection (a).
(e) In determining whether to issue a permit under this section, the
commissioner shall proceed under IC 13-15.
SOURCE: IC 13-18-16-5; (02)AM132902.17. -->
SECTION 17.
IC 13-18-16-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. Plans and
specifications submitted to the commissioner under section 1 of this
chapter shall be approved if it is determined that the plans and
specifications meet all of the following conditions:
(1) The plans and specifications are satisfactory with respect to
the following:
(A) Sanitary quality, including chlorination, if required.
(B) Chemical quality.
(C) Adequacy of the water supply.
(2) The plans and specifications meet the requirements of any
rules or standards adopted by the board under section 8 of this
chapter governing the location, design, construction, and
operation and maintenance of:
(A) public water supply system installations; and
(B) changes or additions to public water supply system
installations.
SOURCE: IC 13-18-16-6; (02)AM132902.18. -->
SECTION 18.
IC 13-18-16-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) All public water
supplies systems shall be continuously operated and maintained so that
water is:
(1) safe in quality;
(2) clean and adequate in quantity; and
(3) chemically satisfactory for ordinary domestic consumption.
(b) The person responsible for the operation of a public water
supply system shall take all measures that are necessary to carry out
the requirements of subsection (a) so as to protect the quality and
quantity of the raw water supply from actual or threatened
contamination. These measures include the relocation of the point of
raw water collection to a site that is not contaminated or threatened by
contamination.
(c) The failure to carry out a duty set forth in subsection (a) or (b)
constitutes a violation subject to the penalties imposed under this
chapter. Each day a violation occurs under this section constitutes a
separate violation.
SOURCE: IC 13-18-16-7; (02)AM132902.19. -->
SECTION 19.
IC 13-18-16-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7. A person responsible
for the operation of public water supplies systems shall submit:
(1) samples of water for analysis; and
(2) reports of operation pertaining to the sanitary quality,
chemical quality, or adequacy of water supplied by those
supplies; systems;
that the commissioner requests. The operator certified under
IC 13-18-11
must verify under oath the reports of operation.
SOURCE: IC 13-18-16-8; (02)AM132902.20. -->
SECTION 20.
IC 13-18-16-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) The board shall
adopt rules under
IC 4-22-2
and
IC 13-14-9
establishing requirements
for the issuance of permits to control public water supplies, systems,
including the following:
(1) Permits for the construction, installation, or modification of
facilities, equipment, or devices for any public water supply.
system.
(2) Permits for the operation of sources, facilities, equipment, or
devices for any public water supply. system.
(b) The board shall adopt a permit by rule for water main extensions
(as defined in 327 IAC 8-3-1) to satisfy the permit requirement in
section 1(a) of this chapter.
SOURCE: IC 13-18-16-10; (02)AM132902.21. -->
SECTION 21.
IC 13-18-16-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. The department
shall conduct a program of continuing surveillance and inspection of
public water supplies systems and technical assistance in connection
with public water supplies. systems.
SOURCE: IC 13-18-16-11; (02)AM132902.22. -->
SECTION 22.
IC 13-18-16-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. The department
shall encourage and advise units of local government in developing
programs and facilities for public water supplies. systems.
SOURCE: IC 13-18-16-12; (02)AM132902.23. -->
SECTION 23.
IC 13-18-16-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. A person may not:
(1) install or contract for the construction of any public water
supply system facilities, including water purification or treatment
works; or
(2) make any material change in any public water supply system
facilities;
until a permit has been issued by the commissioner.
SOURCE: IC 13-18-16-13; (02)AM132902.24. -->
SECTION 24.
IC 13-18-16-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 13. (a) The
commissioner may investigate and determine whether any public water
supply system is providing water that is impure and dangerous to
public health. If the commissioner determines that a public the water
supply:
(1) is impure and dangerous to public health; or
(2) is not sufficiently purified because of improper construction,
inadequate size, or inefficient management or operation;
the commissioner may under
IC 13-30-3-10
through
IC 13-30-3-12
order that the public water supply be made pure and safe to health.
(b) If the commissioner determines under subsection (a) that a
public water supply is impure and dangerous to public health because
of inefficient management or operation of the public water system
providing the water, the commissioner may order the person
responsible for the public water supply system to appoint, not later
than fifteen (15) days after the commissioner's determination, a
competent person to take charge of and superintend the operation of the
water supply system plant or works.
(c) The commissioner must approve the person appointed in
response to the commissioner's order under subsection (b). However,
the person responsible for the water supply system plant or works shall
pay the salary of the person appointed.
SOURCE: IC 13-18-17-6; (02)AM132902.25. -->
SECTION 25.
IC 13-18-17-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 6. (a) The board shall
adopt rules under
IC 4-22-2
to establish protection zones around
community water system wells.
(b) The state agencies referred to in section 5(b) of this chapter may
not permit activities within the zones established under subsection (a)
that would violate the rules or interfere with the purposes of the rules.
(c) The department shall establish and operate a program of
education and assistance to local officials in developing and managing
well field protection zones.
(d) The rules adopted under subsection (a) or any zoning under
IC 36-7 to establish protection zones around community water system
wells may not restrict any activity by:
(1) an owner of land;
(2) a mineral owner; or
(3) a mineral leaseholder of record;
unless the owner or leaseholder is sent written notice of, and has an
opportunity to be heard on, the establishment of the zone and the
construction of the community public water supply system that caused
the establishment of the zone.
(e) A person that requests a permit for construction of a community
water system or establishment of a well field protection zone is
responsible for any notice requirements the board establishes.
SOURCE: IC 13-18-20-9; (02)AM132902.26. -->
SECTION 26.
IC 13-18-20-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. For public water
supply system permits, the annual base fee per facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility based on
projected daily average flow in MGD as set forth in a facility NPDES
permit:
Projected Daily Average
Flow in MGD
Fee
.001 -
.05
$240
.051 -
.1
$360
.101 -
.2
$840
.201 -
.3
$1,200
.301 -
.5
$1,680
.501 -
1.0
$2,060
1.001 -
2.0
$3,600
2.001 -
5.0
$5,400
5.001 -
10.0
$8,400
10.001 -
15.0
$12,000
15.001 -
30.0
$16,800
30.001 -
50.0
$22,800
50.001 -
100.0
$28,800
> 100.0
$34,800".
SOURCE: Page 7, line 30; (02)AM132902.7. -->
Page 7, line 30, reset in roman "department and the".
Page 7, line 34, reset in roman "department and the".
Page 7, line 34, reset in roman "jointly".
Page 8, line 14, reset in roman "The department has primary".
Page 8, line 15, reset in roman "responsibility to carry out this
subsection.".
Page 8, delete lines 20 through 42.
Delete page 9.
Page 10, delete line 1.
Page 15, after line 42, begin a new paragraph and insert:
SOURCE: IC 16-41-27-10; (02)AM132902.32. -->
"SECTION 32.
IC 16-41-27-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. A mobile home
park shall provide a water supply through the use of a public water
supply system if the water supply is reasonably available within a
reasonable distance from the mobile home park. A mobile home park
is not required to use a public water supply system if the water system
is more than two thousand (2,000) feet from the mobile home park. If
a public water supply system is not available, water shall be provided
by a system approved by the environmental commissioner under rules
adopted by the water pollution control board.
SOURCE: IC 16-41-27-22; (02)AM132902.33. -->
SECTION 33.
IC 16-41-27-22
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 22. (a) The
construction of a new mobile home park or alteration of an existing
mobile home park shall be made only after plans for the proposed
construction or alteration have been forwarded to and approved by the
state department.
(b) A
public water
supply system may not be constructed or altered
in a new or existing mobile home park until plans for the construction
or alteration have been forwarded to and approved by the
environmental commissioner under rules adopted by the water board.
(c) A sewage collection and disposal system may not be constructed
or altered in a new or existing mobile home park until:
(1) plans for construction or alteration of the sewage collection
system and any septic tank absorption field have been forwarded
to and approved by the state department under rules adopted by
the state department; and
(2) plans for construction or alteration of any sewage disposal
system other than a septic tank absorption field have been
forwarded to and approved by the environmental commissioner
under rules adopted by the water board.".
SOURCE: Page 16, line 2; (02)AM132902.16. -->
Page 16, line 2, delete "IC 13-18-13-4;
IC 13-18-13-5
;
IC 13-18-13-6
;" and insert "IC 13-11-2-177; IC 13-11-2-263.".
Page 16, delete line 3.
Page 16, line 4, after "agency" insert "
and the department of
environmental management".
Page 16, line 5, after "shall" insert "
jointly".
Page 16, line 5, delete "implement:" and insert "
implement
IC 13-18-22
, as added by this act.".
Page 16, delete lines 6 through 7.
Renumber all SECTIONS consecutively.
(Reference is to HB 1329 as introduced.)
and when so amended that said bill do pass.
__________________________________
Representative Weinzapfel
AM132902/DI 52 2002