SB 533-4_ Filed 04/03/2003, 07:19 Brown T
Adopted 4/8/2003
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Senate Bill 533 be amended to read as follows:
SOURCE: Page 1, line 4; (03)MO053303.1. -->
Page 1, line 4, delete "IC 13-18-10,".
Page 1, line 5, after "IC 13-18-19" delete ",".
Page 1, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 13-11-2-40; (03)MO053303.2. -->
"SECTION 2. IC 13-11-2-40 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 40. "Confined
feeding operation", for purposes of IC 13-18-10 and IC 13-30, means:
(1) any confined feeding of:
(A) at least three hundred (300) cattle;
(B) at least six hundred (600) swine or sheep; and
(C) at least thirty thousand (30,000) fowl;
(2) any animal feeding operation electing to be subject to
IC 13-18-10; or
(3) any animal feeding operation that is causing a violation of:
(A) water pollution control laws;
(B) any rules of the water pollution control board; or
(C) IC 13-18-10.
A determination by the department under this subdivision is appealable
under IC 4-21.5.
SOURCE: IC 13-11-2-164; (03)MO053303.3. -->
SECTION 3. IC 13-11-2-164 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 and
IC 13-30, 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 3, line 26; (03)MO053303.3. -->
Page 3, between lines 26 and 27, begin a new paragraph and insert:
SOURCE: IC 13-30-4-1; (03)MO053303.7. -->
"SECTION 7. IC 13-30-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Subject to
IC 13-14-6 and except as provided in
subsection (c), IC 13-23-14-2,
and IC 13-23-14-3, a person who violates:
(1) any provision of:
(A) environmental management laws;
(B) air pollution control laws;
(C) water pollution control laws;
(D) IC 13-18-14-1; or
(E) a rule or standard adopted by one (1) of the boards; or
(2) any determination, permit, or order made or issued by the
commissioner under:
(A) environmental management laws or IC 13-7 (before its
repeal);
(B) air pollution control laws or IC 13-1-1 (before its repeal);
or
(C) water pollution control laws or IC 13-1-3 (before its
repeal);
is liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000) per day of any violation.
(b) The department may:
(1) recover the civil penalty described in subsection (a) in a civil
action commenced in any court with jurisdiction; and
(2) request in the action that the person be enjoined from
continuing the violation.
(c) With respect to a violation under subsection (a) by a
confined feeding operation of water pollution control laws or a rule
or standard adopted by the water pollution control board relating
to water pollution control laws, the person who commits the
violation is liable for and the department shall impose:
(1) a civil penalty of fifty thousand dollars ($50,000) per day
for a violation that represents three (3) or more violations in
the five (5) year period that ends on the date the violation
begins; and
(2) a civil penalty of one hundred thousand dollars ($100,000)
per day for a violation that represents five (5) or more
violations in the ten (10) year period that ends on the date the
violation begins.
(d) The department shall distribute revenue that results from
the amount of penalties under subsection (c) that exceeds
twenty-five thousand dollars ($25,000) per day as follows:
(1) Seventy-five percent (75%) to the clean water Indiana
fund established under IC 14-32-8.
(2) Fifteen percent (15%) to the soil and water conservation
district in which the confined feeding operation is located.
(3) Ten percent (10%) to the political subdivisions in which
the confined feeding operation is located (other than the
district referred to in subdivision (2)), in proportion to the
most recently collected property tax levies of those political
subdivisions.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 533 as printed March 28, 2003.)
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MO053303/DI 52 2003