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Indiana General Assembly
House Bill 1197


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House Bill 1197

ARCHIVE (2007)

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DIGEST OF HB1197 (Updated February 21, 2007 7:13 pm - DI 84)

Regulation of confined feeding operations. Prohibits construction of a new confined feeding operation (CFO) within one mile of a licensed child care center, a public school, a licensed health facility, or a municipality. Excepts from the prohibition: (1) new construction within one mile from those entities if they located within one mile of a CFO; and (2) expansion of an existing CFO. Provides that the exception applies only if the person proposing the construction or expansion has not committed an environmental violation. Allows a person that would be restricted by the one mile limitation to appeal to the local zoning authority or county executive for an exemption. Requires the department of environmental management (IDEM) to establish civil penalty matrices for various categories of violations relating to CFOs. Requires IDEM to inspect each CFO at least one time each year. Applies an annual inspection fee on CFO's that is deposited in a confined feeding fund and used to fund IDEM CFO inspections. Requires the state chemist to: (1) establish a training program for CFO manure applicators and haulers; and (2) report to the general assembly concerning the training program. In certain court actions brought against a CFO owner or operator, allows the prevailing party to recover costs and attorney fees. Requires IDEM to revoke the CFO approval or permit of a person on the third occurrence of: (1) an environmental conviction: or (2) the imposition of certain environmental civil penalties. In a county that does not have an ordinance in effect regulating CFO location, construction, or operation, allows the county legislative body before January 1, 2008, to retroactively regulate by adopting an ordinance within ninety days of the CFO approval date.
Current Status:
 In Committee - 2nd House
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