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Indiana General Assembly
House Bill 1192


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House Bill 1192

ARCHIVE (2007)

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DIGEST OF HB 1192 (Updated April 29, 2007 4:54 pm - DI 52)

Environmental matters. Requires the department of environmental management (department) to provide notice of a release from, a spill from, or an overfill of an underground storage tank (UST) system to the county health officer of each county in which the release, spill, or overfill occurred. Requires a county health officer that receives notice from the department to: (1) publish notice of the release, spill, or overfill in a newspaper of general circulation in the county health officer's county; and (2) provide any other notice of the release, spill, or overfill the county health officer considers necessary or appropriate. Adjusts limitations on payments from the excess liability trust fund. With respect to the prohibition against installation of certain USTs before the effective date of certain rules, adds to the criteria for exception from the prohibition the requirement that all newly installed or replaced piping connected to the tank meets the secondary containment requirements adopted by the solid waste management board. With respect to USTs that contain alcohol blended fuels composed of greater than 15% alcohol: (1) excepts the USTs from that prohibition if they meet certain standards; and (2) provides that the USTs are subject to certain release response and detection requirements. Adds effective date provisions. Broadens permissible uses of the environmental remediation revolving loan fund. Increases from 10% to 50% the amount of money available in the fund that may be loaned by the Indiana finance authority (authority) to any one political subdivision in a state fiscal year. Allows the authority to: (1) undertake activities to make private environmental insurance products available to encourage and facilitate the cleanup and redevelopment of brownfield properties; (2) enter into agreements with political subdivisions for various purposes related to environmental investigation and remediation; and (3) provide services to and collect fees from any person in connection with financial assistance, liability clarification, and technical assistance. Requires the deposit of fee revenue in the fund. Provides governmental immunity to the authority with respect to investigation and remediation of brownfields under agreements with political subdivisions. Allows redevelopment commissions to enter into agreements with the authority and to carry out environmental investigation and remediation. Provides that no activity of a political subdivision related to investigation or remediation on a brownfield site will be considered to contribute to the contamination at the site unless caused by gross negligence or willful misconduct. Provides that a nonprofit corporation that supports a political subdivision is not liable to the state for certain environmental remediation costs and damages unless the corporation causes or contributes to the environmental contamination. Eliminates the requirement that a person that brings an environmental legal action (ELA) be a private person. Specifies that a person may bring an ELA regardless of whether the person caused or contributed to the hazardous substance release or petroleum release that is the basis for the ELA. Makes technical corrections. Requires a regional sewage district (RSD) that seeks to require connection to the RSD's sewer system of property that is: (1) located outside the RSD's territory; and (2) within 300 feet of the system; to provide the property owner with a letter of recommendation from the local health department that the connection is necessary to protect the public's health. Prohibits the RSD from requiring the property owner to connect if the property is already connected to a sewer system that: (1) has received an NPDES permit; and (2) has been determined to be functioning satisfactorily. Requires a RSD that adopts an ordinance to increase rates and charges more than 5% per year to give notice to affected users.
Current Status:
 Law Enacted
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