Bill Text: IN HB1161 | 2013 | Regular Session | Introduced
Bill Title: Confined feeding operation application approval.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Environmental Affairs [HB1161 Detail]
Download: Indiana-2013-HB1161-Introduced.html
Introduced Version
HOUSE BILL No. 1161
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-18-10-2.1.
Synopsis: Confined feeding operation application approval. Provides
that before the department of environmental management (department)
may: (1) deny a person's application for approval of the construction or
expansion of a confined feeding operation (except for a denial for
certain reasons); or (2) amend or revoke the approval it previously
granted to a person for the construction or expansion of a confined
feeding operation; the department must allow the person an opportunity
to correct or amend the application for approval without requiring the
person to repeat any part of the approval process that is not affected by
the correction or amendment of the application.
Effective: July 1, 2013.
Baird, Friend, Negele, Battles
January 10, 2013, read first time and referred to Committee on Environmental Affairs.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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Conflict reconciliation: Text in a statute in this style type or
HOUSE BILL No. 1161
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-18-10-2.1; (13)IN1161.1.1. -->
SECTION 1. IC 13-18-10-2.1, AS AMENDED BY P.L.127-2009,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2.1. (a) The department:
(1) shall make a determination on an application made under section 2 of this chapter 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 the department determines within thirty (30) days after the department receives the application that the application is incomplete and has mailed a notice of deficiency to the applicant that specifies the parts of the application that:
(1) do not contain adequate information for the department to process the application; or
(2) are not consistent with applicable law.
(d) The department may establish requirements in an approval regarding that part of the confined feeding operation 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.
(e) Subject to subsection (f), the commissioner may deny an application upon making either or both of the following findings:
(1) A responsible party intentionally misrepresented or concealed any material fact in either or both of the following:
(A) An application for approval under section 1 of this chapter.
(B) A disclosure statement required by section 1.4 of this chapter.
(2) An enforcement action was resolved against a responsible party as described in either or both of the following:
(A) Section 1.4(c)(5) of this chapter.
(B) Section 1.4(c)(6) of this chapter.
(f) Before making a determination to approve or deny an application, the commissioner must consider the following factors:
(1) The nature and details of the acts attributed to the responsible party.
(2) The degree of culpability of the responsible party.
(3) The responsible party's cooperation with the state, federal, or foreign agencies involved in the investigation of the activities involved in actions referred to in section 1.4(c)(5) and 1.4(c)(6) 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 1.4(c)(5) and 1.4(c)(6) 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 1.4(c)(5) and 1.4(c)(6) of this chapter.
(g) Except as provided in subsection (h), in taking action under subsection (e), the commissioner must 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.
(h) 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 (f) influenced the denial.
(i) The department may amend an approval under section 1 of this chapter or revoke an approval under section 1 of this chapter:
(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.
(j) Before the department may:
(1) deny a person's application for approval of the construction or expansion of a confined feeding operation for a reason other than those set forth in subsection (e)(1) or (e)(2); or
(2) under subsection (i), amend or revoke the approval it previously granted to a person under this chapter for the construction or expansion of a confined feeding operation;
the department shall provide the person an opportunity to correct or amend the application for approval without requiring the person to repeat any part of the approval process under this chapter that is not affected by the correction or amendment of the application. The period allowed to a person to correct or amend an application under this subsection shall not be considered part of the ninety (90) day period within which the department is required to make a determination on an application under subsection (a)(1).
(1) shall make a determination on an application made under section 2 of this chapter 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 the department determines within thirty (30) days after the department receives the application that the application is incomplete and has mailed a notice of deficiency to the applicant that specifies the parts of the application that:
(1) do not contain adequate information for the department to process the application; or
(2) are not consistent with applicable law.
(d) The department may establish requirements in an approval regarding that part of the confined feeding operation 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.
(e) Subject to subsection (f), the commissioner may deny an application upon making either or both of the following findings:
(1) A responsible party intentionally misrepresented or concealed any material fact in either or both of the following:
(A) An application for approval under section 1 of this chapter.
(B) A disclosure statement required by section 1.4 of this chapter.
(2) An enforcement action was resolved against a responsible party as described in either or both of the following:
(A) Section 1.4(c)(5) of this chapter.
(B) Section 1.4(c)(6) of this chapter.
(f) Before making a determination to approve or deny an application, the commissioner must consider the following factors:
(1) The nature and details of the acts attributed to the responsible party.
(2) The degree of culpability of the responsible party.
(3) The responsible party's cooperation with the state, federal, or foreign agencies involved in the investigation of the activities involved in actions referred to in section 1.4(c)(5) and 1.4(c)(6) 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 1.4(c)(5) and 1.4(c)(6) 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 1.4(c)(5) and 1.4(c)(6) of this chapter.
(g) Except as provided in subsection (h), in taking action under subsection (e), the commissioner must 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.
(h) 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 (f) influenced the denial.
(i) The department may amend an approval under section 1 of this chapter or revoke an approval under section 1 of this chapter:
(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.
(j) Before the department may:
(1) deny a person's application for approval of the construction or expansion of a confined feeding operation for a reason other than those set forth in subsection (e)(1) or (e)(2); or
(2) under subsection (i), amend or revoke the approval it previously granted to a person under this chapter for the construction or expansion of a confined feeding operation;
the department shall provide the person an opportunity to correct or amend the application for approval without requiring the person to repeat any part of the approval process under this chapter that is not affected by the correction or amendment of the application. The period allowed to a person to correct or amend an application under this subsection shall not be considered part of the ninety (90) day period within which the department is required to make a determination on an application under subsection (a)(1).
