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    WITHDRAWN        Noes _______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.)

________________________________________

Representative Brown T


MO053303/DI 52     2003