SB 200-2_ Filed 02/26/2008, 06:42 Dvorak
Adopted 2/26/2008
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 200 be amended to read as follows:
SOURCE: Page 2, line 13; (08)MO020004.2. -->
Page 2, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 13-11-2-8; (08)MO020004.4. -->
"SECTION 4. IC 13-11-2-8, AS AMENDED BY P.L.154-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 8.
(a) "Applicant", for purposes of
IC 13-18-10, refers to a person (as defined in section 158(b) of this
chapter) that submits an application to the department under
IC 13-18-10-2.
(a) (b) "Applicant", for purposes of IC 13-19-4, means an
individual, a corporation, a limited liability company, a partnership, or
a business association that:
(1) receives, for commercial purposes, solid or hazardous waste
generated offsite for storage, treatment, processing, or disposal;
and
(2) applies for the issuance, transfer, or major modification of a
permit described in IC 13-15-1-3 other than a postclosure permit
or an emergency permit.
For purposes of this subsection, an application for the issuance of a
permit does not include an application for renewal of a permit.
(b) (c) "Applicant", for purposes of IC 13-20-2, means an
individual, a corporation, a limited liability company, a partnership, or
a business association that applies for an original permit for the
construction or operation of a landfill.
(c) (d) For purposes of subsection
(a), (b), "applicant" does not
include an individual, a corporation, a limited liability company, a
partnership, or a business association that:
(1) generates solid or hazardous waste; and
(2) stores, treats, processes, or disposes of the solid or hazardous
waste at a site that is:
(A) owned by the individual, corporation, partnership, or
business association; and
(B) limited to the storage, treatment, processing, or disposal of
solid or hazardous waste generated by that individual,
corporation, limited liability company, partnership, or business
association.
SOURCE: IC 13-11-2-71; (08)MO020004.5. -->
SECTION 5. IC 13-11-2-71, AS AMENDED BY P.L.137-2007,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 71. "Environmental management laws"
refers to the following:
(1) IC 13-12-2 and IC 13-12-3.
(2) IC 13-13.
(3) IC 13-14.
(4) IC 13-15.
(5) IC 13-16.
(6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11.
(7) IC 13-18-10, IC 13-18-12, IC 13-18-13-31, and IC 13-18-15
through IC 13-18-20.
(8) IC 13-19-1, IC 13-19-4, and IC 13-19-5-17.
(9) IC 13-20-1, IC 13-20-2, IC 13-20-4 through IC 13-20-15,
IC 13-20-17.7, IC 13-20-19 through IC 13-20-21, and
IC 13-20-22-21.
(10) IC 13-22.
(11) IC 13-23.
(12) IC 13-24.
(13) IC 13-25-1 through IC 13-25-5.
(14) IC 13-27-8.
(15) IC 13-30, except IC 13-30-1.".
SOURCE: Page 3, line 14; (08)MO020004.3. -->
Page 3, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: IC 13-11-2-129.9; (08)MO020004.7. -->
"SECTION 7. IC 13-11-2-129.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 129.9. "Modification", for
purposes of IC 13-18-10, refers to an expansion of a confined
feeding operation or concentrated animal feeding operation that
results in either of the following:
(1) An increase in the confined animal capacity.
(2) An increase in the liquid manure storage capacity.
SOURCE: IC 13-11-2-191; (08)MO020004.8. -->
SECTION 8. IC 13-11-2-191 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 191. (a)
"Responsible party", for purposes of IC 13-18-10, means any of the
following:
(1) An applicant referred to in IC 13-18-10-1.5(a).
(2) A person referred to in IC 13-18-10-1.5(b).
(3) An officer, a corporation director, or a senior management
official of any of the following that is an applicant referred to
in IC 13-18-10-1.5(a) or a person referred to in
IC 13-18-10-1.5(b):
(A) A corporation.
(B) A partnership.
(C) A limited liability company.
(D) A business association.
(a) (b) "Responsible party", for purposes of IC 13-19-4, means:
(1) an officer, a corporation director, or a senior management
official of a corporation, partnership, limited liability company, or
business association that is an applicant; or
(2) an individual, a corporation, a limited liability company, a
partnership, or a business association that owns, directly or
indirectly, at least a twenty percent (20%) interest in the
applicant.
(b) (c) "Responsible party", for purposes of IC 13-20-6, means:
(1) an officer, a corporation director, or a senior management
official of a corporation, partnership, limited liability company, or
business association that is an operator; or
(2) an individual, a corporation, a limited liability company, a
partnership, or a business association that owns, directly or
indirectly, at least a twenty percent (20%) interest in the operator.
(c) (d) "Responsible party", for purposes of IC 13-24-2, has the
meaning set forth in Section 1001 of the federal Oil Pollution Act of
1990 (33 U.S.C. 2701).
(d) (e) "Responsible party", for purposes of IC 13-25-6, means a
person:
(1) who:
(A) owns hazardous material that is involved in a hazardous
materials emergency; or
(B) owns a container or owns or operates a vehicle that
contains hazardous material that is involved in a hazardous
materials emergency; and
(2) who:
(A) causes; or
(B) substantially contributes to the cause of;
the hazardous materials emergency.".
SOURCE: Page 5, line 5; (08)MO020004.5. -->
Page 5, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: IC 13-18-10-1; (08)MO020004.12. -->
"SECTION 12. IC 13-18-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 1. (a) A person
may not start construction of a confined feeding operation
or CAFO
without obtaining
both:
(1) the prior approval of the department;
and
(2) any approval required by a county, city, or town in which
the:
(A) confined feeding operation; or
(B) CAFO;
is or would be constructed or operated.
(b) Subject to section 1.5 of this chapter, obtaining an NPDES
permit for a CAFO meets the requirements of subsection (a) (a)(1) and
327 IAC 16 to obtain an approval.
SOURCE: IC 13-18-10-1.5; (08)MO020004.13. -->
SECTION 13. IC 13-18-10-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 1.5. (a) An applicant must
include in the application the disclosure statement or statements
referred to in subsection (c) and proof of financial assurance
referred to in subsection (f).
(b) A person that obtains an NPDES permit for a CAFO as
provided in section 1(b) of this chapter must include the disclosure
statement or statements referred to in subsection (c) and proof of
financial assurance referred to in subsection (f) in:
(1) the application for an individual NPDES permit for the
CAFO under 327 IAC 5; or
(2) the notice of intent filed under 327 IAC 15 for general
NPDES permit coverage for the CAFO.
(c) A person referred to in subsection (a) or (b) must submit to
the department a disclosure statement for each responsible party
that includes the following:
(1) The name and business address of the responsible party.
(2) A description of the responsible party's experience in
managing the type of facility that will be managed under the
permit.
(3) A description of all pending administrative, civil, or
criminal enforcement actions filed against the responsible
party alleging either of the following:
(A) Acts or omissions that:
(i) constitute a material violation of a state or federal
environmental law or regulation; and
(ii) present a substantial endangerment to human health
or the environment.
(B) Knowing, repeated violations of state or federal
environmental laws or regulations that could lead to
environmental harm.
(4) A description of all finally adjudicated or settled
administrative, civil, or criminal enforcement actions resolved
against the responsible party within the five (5) years that
immediately precede the date of the application involving
either of the following:
(A) Acts or omissions that:
(i) constitute a material violation of a state or federal
environmental law or regulation; and
(ii) present a substantial endangerment to human health
or the environment.
(B) Knowing, repeated violations of state or federal
environmental laws or regulations that could lead to
environmental harm.
(5) Identification of all state and federal environmental
permits previously denied or revoked.
(d) A disclosure statement submitted under subsection (c):
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44-2-1.
(e) The department may investigate and verify the information
set forth in a disclosure statement submitted under subsection (b).
(f) A person referred to in subsection (a) or (b) must submit to
the department evidence of financial assurance, maintained in
accordance with and in amounts set in rules adopted under section
4 of this chapter. The financial assurance must be in the form of:
(1) a bond for performance, executed by a corporate surety
licensed to do business in Indiana;
(2) a negotiable certificate of deposit; or
(3) a negotiable letter of credit;
payable to the department and conditional upon faithful
performance of the requirements of this chapter and compliance
with other environmental laws.
SOURCE: IC 13-18-10-2; (08)MO020004.14. -->
SECTION 14. IC 13-18-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2. (a) Application
for approval of the construction or modification of a confined feeding
operation or a CAFO must be made on a form provided by the
department. An applicant must submit the completed application form
to the department together with the following:
(1) Plans and specifications for the design and operation of
manure treatment and control facilities.
(2) A manure management plan that outlines procedures for the
following:
(A) Soil testing.
(B) Manure testing.
(3) Maps of manure application areas.
(4) Supplemental information that the department requires,
including the following:
(A) General features of topography.
(B) Soil types.
(C) Drainage course.
(D) Identification of nearest streams, ditches, and lakes.
(E) Location of field tiles.
(F) Location of land application areas.
(G) Location of manure treatment facilities.
(H) Farmstead plan, including the location of water wells on
the site.
(5) Except as provided in subsection (e), a fee of one hundred
dollars ($100). The department shall refund the fee if the
department does not make a determination in accordance with the
time period established under section 2.1 of this chapter.
(6) The disclosure statement or statements and the proof of
financial assurance required under section 1.5 of this chapter.
(b) An applicant who applies for approval to construct a confined
feeding operation or a CAFO on land that is undeveloped or for which
a valid existing approval has not been issued, or to modify a confined
feeding operation or a CAFO, shall make a reasonable effort to
provide notice:
(1) to:
(A) each person who owns land that adjoins the land on which
the confined feeding operation or the CAFO is to be located
or modified; or
(B) if a person who owns land that adjoins the land on which
the confined feeding operation or the CAFO is to be located
or modified does not occupy the land, all occupants of the
land; and
(2) to the county executive of the county in which the confined
feeding operation or the CAFO is to be located or modified;
not more than ten (10) working days after submitting an application.
The notice must be sent by mail, be in writing, include the date on
which the application was submitted to the department, and include a
brief description of the subject of the application. The applicant shall
pay the cost of complying with this subsection. The applicant shall
submit an affidavit to the department that certifies that the applicant
has complied with this subsection.
(c) A person must comply with subsection (d) if:
(1) the person is not required to file an application as
provided in section 1(b) of this chapter for construction of a
CAFO:
(A) on land that is undeveloped; or
(B) for which:
(i) a valid existing approval has not been issued; or
(ii) an NPDES permit has not been obtained;
or for modification of a CAFO; and
(2) the person files:
(A) an application under 327 IAC 5 for an individual
NPDES permit for the construction or modification of a
CAFO; or
(B) a notice of intent under 327 IAC 15 for general NPDES
permit coverage for construction or modification of a
CAFO.
(d) A person referred to in subsection (c) shall make a
reasonable effort to provide notice:
(1) to:
(A) each person who owns land that adjoins the land on
which the CAFO is to be located or modified; or
(B) if a person who owns land that adjoins the land on
which the CAFO is to be located or modified does not
occupy the land, all occupants of the land; and
(2) to the county executive of the county in which the CAFO
is to be located or modified;
not more than ten (10) working days after submitting an
application or filing a notice of intent. The notice must be sent by
mail, be in writing, include the date on which the application or
notice of intent was submitted to or filed with the department, and
include a brief description of the subject of the application or
notice of intent. The person shall pay the cost of complying with
this subsection. The person shall submit an affidavit to the
department that certifies that the person has complied with this
subsection.
(e) The fee for a modification of a confined feeding operation or
CAFO is the fee determined by rule by the department as a
percentage of the fee established under subsection (a)(5) for the
type of operation determined to account for the magnitude of the
modification as compared to the magnitude of the original
construction.
(c) (f) Plans and specifications for manure treatment or control
facilities for a confined feeding operation or a CAFO must secure the
approval of the department. The department shall approve the
construction and operation of the manure management system of the
confined feeding operation or the CAFO if the commissioner
determines that the applicant meets the requirements of:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations or CAFOs.
SOURCE: IC 13-18-10-2.1; (08)MO020004.15. -->
SECTION 15. IC 13-18-10-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2.1. (a) The
department:
(1) shall make a determination on an application not later than
ninety (90) days after the date the department receives the
completed application, including all required supplemental
information, unless the department and the applicant agree to a
longer time; and
(2) may conduct any inquiry or investigation, consistent with the
department's duties under this chapter, the department considers
necessary before making a determination.
(b) If the department fails to make a determination on an application
not later than ninety (90) days after the date the department receives
the completed application, the applicant may request and receive a
refund of an approval application fee paid by the applicant, and the
commissioner shall:
(1) continue to review the application;
(2) approve or deny the application as soon as practicable; and
(3) refund the applicant's application fee not later than twenty-five
(25) working days after the receipt of the applicant's request.
(c) The commissioner may suspend the processing of an application
and the ninety (90) day period described under this section if either of
the following applies:
(1) The department:
(A) determines within thirty (30) days after the department
receives the application that the application is incomplete; and
(B) has mailed a notice of deficiency to the applicant that
specifies the parts of the application that:
(1) (i) do not contain adequate information for the
department to process the application; or
(2) (ii) are not consistent with applicable law.
(2) The department:
(A) determines that the applicant is subject to any pending
action as described in section 1.5(c)(3) of this chapter; and
(B) is diligently pursuing the pending action under
IC 13-30.
(d) The department may establish requirements in an approval
regarding that part of the confined feeding operation or the CAFO that
concerns manure handling and application to assure compliance with:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations or CAFOs.
(e) Subject to subsection (f), the commissioner may deny an
application upon making either of the following findings:
(1) A responsible party intentionally misrepresented or
concealed any material fact in:
(A) a disclosure statement; or
(B) other information;
required by section 1.5 of this chapter.
(2) An enforcement action was resolved against a responsible
party as described in section 1.5(c)(4) of this chapter.
(f) The commissioner may not deny an application under this
section based solely on pending actions disclosed under section
1.5(c)(3) of this chapter.
(g) Before making a determination to approve or deny an
application, the commissioner shall consider the following factors:
(1) The nature and details of the acts attributed to the
applicant or responsible party.
(2) The degree of culpability of the responsible party.
(3) The responsible party's cooperation with the state or
federal agencies involved in the investigation of the activities
involved in actions referred to in section 1.5(c)(4) of this
chapter.
(4) The responsible party's dissociation from any other
persons or entities convicted in a criminal enforcement action
referred to in section 1.5(c)(4) of this chapter.
(5) Prior or subsequent self-policing or internal education
programs established by the responsible party to prevent acts,
omissions, or violations referred to in section 1.5(c)(4) of this
chapter.
(6) Whether the best interests of the public will be served by
denial of the permit.
(7) Any demonstration of good citizenship by the person or
responsible party.
(h) Except as provided in subsection (i), in taking action under
subsection (e), the commissioner shall make separately stated
findings of fact to support the action taken. The findings of fact
must:
(1) include a statement of ultimate fact; and
(2) be accompanied by a concise statement of the underlying
basic facts of record to support the findings.
(i) If the commissioner denies an application under subsection
(e), the commissioner is not required to explain the extent to which
any of the factors set forth in subsection (g) influenced the denial.
(e) (j) The department may amend an approval of an application or
revoke an approval of an application:
(1) for failure to comply with:
(A) this chapter;
(B) rules adopted under this chapter;
(C) the water pollution control laws; or
(D) rules adopted under the water pollution control laws; and
(2) as needed to prevent discharges of manure into the
environment that pollute or threaten to pollute the waters of the
state.
SOURCE: IC 13-18-10-2.2; (08)MO020004.16. -->
SECTION 16. IC 13-18-10-2.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2.2. (a) If an
applicant receives an approval under this chapter and completes
construction, not more than thirty (30) days after the date the applicant
completes the construction the applicant shall execute and send to the
department an affidavit that affirms under penalties of perjury that the
confined feeding operation or the CAFO:
(1) was constructed; and
(2) will be operated;
in accordance with the requirements of the department's approval.
(b) Construction of an approved confined feeding operation or a
CAFO must:
(1) begin not later than two (2) years; and
(2) be completed not later than four (4) years;
after the date the department approves the construction of the confined
feeding operation or the CAFO or the date all appeals brought under
IC 4-21.5 concerning the construction of the confined feeding
operation or the CAFO have been completed, whichever is later.
SOURCE: IC 13-18-10-2.6; (08)MO020004.17. -->
SECTION 17. IC 13-18-10-2.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2.6. The
department shall establish a compliance and technical assistance
program for owners and operators of confined feeding operations and
CAFOs that may be administered by:
(1) the department;
(2) a state college or university; or
(3) a contractor.
SOURCE: IC 13-18-10-4; (08)MO020004.18. -->
SECTION 18. IC 13-18-10-4, AS AMENDED BY P.L.2-2007,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 4. (a)
Subject to subsection
(c), the board may adopt rules under IC 4-22-2 and IC 13-14-9 and the
department may adopt policies or statements under IC 13-14-1-11.5
that are necessary for the proper administration of this chapter. The
rules, policies, or statements may concern construction and operation
of confined feeding operations
and CAFOs and may include uniform
standards for:
(1) construction and manure containment that are appropriate for
a specific site; and
(2) manure application and handling that are consistent with best
management practices:
(A) designed to reduce the potential for manure to be
conveyed off a site by runoff or soil erosion; and
(B) that are appropriate for a specific site.
(b) Standards adopted in a rule, policy, or statement under
subsection (a) must:
(1) consider confined feeding standards that are consistent with
standards found in publications from:
(A) the United States Department of Agriculture;
(B) the Natural Resources Conservation Service of the United
States Department of Agriculture;
(C) the Midwest Plan Service; and
(D) postsecondary educational institution extension bulletins;
and
(2) be developed through technical review by the department,
postsecondary educational institution specialists, and other animal
industry specialists.
(c) The board shall:
(1) adopt rules under IC 4-22-2 and IC 13-14-9 to set the
amount of financial assurance required of a person under
section 1.5(f) of this chapter; and
(2) set graduated amounts under subdivision (1) based on the
greater potential liability associated with larger operations.".
SOURCE: Page 24, line 31; (08)MO020004.24. -->
Page 24, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 36-8-12-2; (08)MO020004.42. -->
"SECTION 42. IC 36-8-12-2, AS AMENDED BY P.L.43-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 2. As used in this chapter:
"Employee" means a person in the service of another person under
a written or implied contract of hire or apprenticeship.
"Employer" means:
(1) a political subdivision;
(2) an individual or the legal representative of a deceased
individual;
(3) a firm;
(4) an association;
(5) a limited liability company;
(6) an employer that provides on-the-job training under the
federal School to Work Opportunities Act (20 U.S.C. 6101 et
seq.) to the extent set forth in IC 22-3-2-2.5(a); or
(7) a corporation or its receiver or trustee;
that uses the services of another person for pay.
"Essential employee" means an employee:
(1) who the employer has determined to be essential to the
operation of the employer's daily enterprise; and
(2) without whom the employer is likely to suffer economic injury
as a result of the absence of the essential employee.
"Nominal compensation" means annual compensation of not more
than twenty thousand dollars ($20,000).
"Public servant" has the meaning set forth in IC 35-41-1-24.
"Responsible party" has the meaning set forth in
IC 13-11-2-191(d).
IC 13-11-2-191(e).
"Volunteer fire department" means a department or association
organized for the purpose of answering fire alarms, extinguishing fires,
and providing other emergency services, the majority of members of
which receive no compensation or nominal compensation for their
services.
"Volunteer firefighter" means a firefighter:
(1) who, as a result of a written application, has been elected or
appointed to membership in a volunteer fire department;
(2) who has executed a pledge to faithfully perform, with or
without nominal compensation, the work related duties assigned
and orders given to the firefighter by the chief of the volunteer
fire department or an officer of the volunteer fire department,
including orders or duties involving education and training as
prescribed by the volunteer fire department or the state; and
(3) whose name has been entered on a roster of volunteer
firefighters that is kept by the volunteer fire department and that
has been approved by the proper officers of the unit.
"Volunteer member" means a member of a volunteer emergency
medical services association connected with a unit as set forth in
IC 16-31-5-1(6).
SOURCE: IC 36-8-12-13; (08)MO020004.43. -->
SECTION 43. IC 36-8-12-13, AS AMENDED BY P.L.107-2007,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 13. (a) A volunteer fire department may
impose a charge on the owner of property, the owner of a vehicle, or a
responsible party (as defined in IC 13-11-2-191(d)) IC 13-11-2-191(e))
that is involved in a hazardous material or fuel spill or chemical or
hazardous material related fire (as defined in IC 13-11-2-96(b)):
(1) that is responded to by the volunteer fire department; and
(2) that members of that volunteer fire department assisted in
extinguishing, containing, or cleaning up.
(b) The volunteer fire department shall bill the owner or responsible
party of the vehicle for the total dollar value of the assistance that was
provided, with that value determined by a method that the state fire
marshal shall establish under IC 36-8-12-16. A copy of the fire incident
report to the state fire marshal must accompany the bill. This billing
must take place within thirty (30) days after the assistance was
provided. The owner or responsible party shall remit payment directly
to the governmental unit providing the service. Any money that is
collected under this section may be:
(1) deposited in the township firefighting fund established in
IC 36-8-13-4;
(2) used to pay principal and interest on a loan made by the
department of homeland security established by IC 10-19-2-1 or
a division of the department for the purchase of new or used
firefighting and other emergency equipment or apparatus; or
(3) used for the purchase of equipment, buildings, and property
for firefighting, fire protection, and other emergency services.
(c) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a).
SOURCE: IC 36-8-12.2-5; (08)MO020004.44. -->
SECTION 44. IC 36-8-12.2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 5. As used in this
chapter, "responsible party" has the meaning set forth in
IC 13-11-2-191(d). IC 13-11-2-191(e).".
SOURCE: Page 24, line 40; (08)MO020004.24. -->
Page 24, after line 40, begin a new paragraph and insert:
SOURCE: ; (08)MO020004.47. -->
"SECTION 47. [EFFECTIVE UPON PASSAGE] (a) This
SECTION applies notwithstanding the effective date of:
(1) IC 13-18-10-1.5, as added by this act; and
(2) the amendments under this act to IC 13-11-2-8,
IC 13-11-2-191, IC 13-18-10-1, IC 13-18-10-2, IC 13-18-10-2.1,
and IC 13-18-10-2.2.
(b) The definitions in IC 13-11-2 apply throughout this
SECTION.
(c) Subject to subsection (d), the Indiana Code sections referred
to in subsection (a), as added or amended by this act, apply to the
following confined feeding operations and CAFOs in the same
manner those sections would have applied if those sections had
been in effect on the date the application for the confined feeding
operation or CAFO was submitted to the department or the notice
of intent for general NPDES permit coverage for the CAFO was
filed with the department:
(1) A confined feeding operation or CAFO for which a person
is required to submit an application to the department for
approval under IC 13-18-10-1(a), as amended by this act.
(2) A CAFO for which a person is required to submit an
application to the department for approval of an individual
NPDES permit for the CAFO under 327 IAC 5.
(3) A CAFO for which a person is required to file a notice of
intent under 327 IAC 15 for general NPDES permit coverage
for the CAFO.
(d) Subsection (c) applies only if:
(1) the date of submission of a notice of intent referred to in
subsection (c) is on or after the effective date of this
SECTION; or
(2) an application referred to in subsection (c) was not
approved by the department before the effective date of this
SECTION.
SOURCE: ; (08)MO020004.48. -->
SECTION 48.
An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 200 as printed February 22, 2008.)
________________________________________
MO020004/DI 69 2008