MADAM PRESIDENT:
The Senate Committee on Energy and Environmental Affairs, to which was referred Senate
Bill No. 199, has had the same under consideration and begs leave to report the same back to
the Senate with the recommendation that said bill be AMENDED as follows:
IC 13-17-9, IC 13-17-10, IC 13-17-13, or IC 13-17-14.
(2) Knowingly violates any air pollution registration,
construction, or operating permit condition issued by the
department.
(3) Knowingly violates any fee or filing requirement in
IC 13-17.
(4) Knowingly makes any false material statement,
representation, or certification in any form, notice, or report
required by an air pollution registration, construction, or
operating permit issued by the department.
(g) An offense under subsection (f) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (f) is a Class C felony if the offense results in the
death of another person.
(h) Before imposing sentence upon conviction of an offense
under subsection (f) or (g), the court shall consider either or both
of the following factors, if found by the jury or if stipulated to by
the parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or
vertebrate animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not
reasonably have been expected to know that the contaminant
discharged into the environment was capable of causing a
result described in subdivision (1).
(i) Notwithstanding IC 35-50-3-4, a person who is convicted of
a Class C misdemeanor under subsection (f) may be punished by
a fine of at least ten thousand dollars ($10,000) per day for each
violation and not more than twenty-five thousand dollars ($25,000)
per day for each violation.
(j) Notwithstanding IC 35-50-2-6(a) or IC 35-50-2-7(a), the
court may order a person convicted under subsection (g) to pay:
(1) a fine of at least ten thousand dollars ($10,000) and not
more than fifty thousand dollars ($50,000) for each day of
violation; or
(2) if the person has a prior unrelated conviction for an
offense under this title that may be punished as a felony, a fine
of not more than one hundred thousand dollars ($100,000) for
each day of violation.
(k) Except as provided in subsection (l), a person regulated
under IC 13-18 who does any of the following commits a Class C
misdemeanor:
(1) Willfully or recklessly violates any applicable standards or
limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-8,
IC 13-18-9, IC 13-18-10, IC 13-18-12, IC 13-18-14,
IC 13-18-15, or IC 13-18-16.
(2) Willfully or recklessly violates any National Pollutant
Discharge Elimination System permit condition issue by the
department under IC 13-18-19.
(3) Willfully or recklessly violates any National Pollutant
Discharge Elimination System Permit filing requirement.
(4) Knowingly makes any false material statement,
representation, or certification in any National Pollutant
Discharge Elimination System Permit form or in any notice or
report required by a National Pollutant Discharge
Elimination System permit issued by the Department.
(l) An offense under subsection (k) is a Class D felony if the
offense results in damage to the environment that renders the
environment unfit for human or vertebrate animal life. An offense
under subsection (k) is a Class C felony if the offense results in the
death of another person.
(m) Before imposing sentence upon conviction of an offense
under subsection (k) or (l), the court shall consider either or both
of the following factors, if found by the jury or if stipulated to by
the parties in a plea agreement:
(1) If the offense involves discharge of a contaminant into the
environment, whether that discharge resulted in any or a
combination of the following:
(A) A substantial risk of serious bodily injury.
(B) Serious bodily injury to an individual.
(C) The death of a vertebrate animal.
(D) Damage to the environment that:
(i) renders the environment unfit for human or
vertebrate animal life; or
(ii) causes damage to an endangered, an at risk, or a
threatened species.
(2) Whether the person did not know and could not
reasonably have been expected to know that the contaminant
discharged into the environment was capable of causing a
result described in subdivision (1).
(3) Whether the discharge was the result of a combined sewer
overflow and the person regulated had given notice of that
fact to the department.
(n) Notwithstanding IC 35-50-3-4, a person who is convicted of
a Class C misdemeanor under subsection (k)(1), (k)(2), or (k)(3)
may be punished by a fine of at least ten thousand dollars ($10,000)
a day for each violation and not more than twenty-five thousand
dollars ($25,000) a day for each violation.
(o) Notwithstanding IC 35-50-3-4, a person who is convicted of
a Class C misdemeanor under subsection (k)(4) may be punished
by a fine of at least five thousand dollars ($5,000) for each instance
of violation and not more than ten thousand dollars ($10,000) for
each instance of violation.
(p) Notwithstanding IC 35-50-2-6(a) or IC 35-50-2-7(a), the
court may order a person convicted under subsection (l) to pay:
(1) a fine of at least ten thousand dollars ($10,000) and not
more than fifty thousand dollars ($50,000) for each day of
violation; or
(2) if the person has a prior unrelated conviction for an
offense under this title that may be punished as a felony, a fine
of not more than one hundred thousand dollars ($100,000) for
each day of violation.".
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official action has been approved by at least a majority of the
members of the task force.
(k) This SECTION expires January 1, 2009.
and when so amended that said bill do pass.
Committee Vote: Yeas 5, Nays 1.
Gard