Reprinted
February 8, 2011
SENATE BILL No. 433
_____
DIGEST OF SB 433
(Updated February 7, 2011 4:57 pm - DI 118)
Citations Affected: IC 13-11; IC 13-13; IC 13-14; IC 13-15;
IC 13-18; IC 13-20; IC 13-20.5; IC 13-21; IC 13-23; IC 13-25;
IC 32-21; IC 36-1; IC 36-2; IC 36-3; IC 36-4; IC 36-5; IC 36-7.
Synopsis: Environmental issues. Expands the duties of solid waste
management districts to include the implementation of educational
programs for the public concerning reuse and recycling of electronic
waste, collection programs, and proper disposal of electronic waste.
Provides that the electronic digital signature act does not apply to the
department of environmental management (IDEM). Amends
definitions of "owner" and "operator" and defines "foreclosure" to
delineate exceptions from potential liability for cleanup that: (1) are
consistent with federal law under underground storage tank, petroleum
facility, and hazardous substance facility statutes; and (2) apply to
lenders that foreclose on sites at which they did not participate in
management before foreclosure and that undertake certain enumerated
activities after foreclosure. Replaces the undefined term "sanitary
landfill" with "solid waste landfill". Establishes deadlines for action by
IDEM on various permit applications with respect to certain solid
waste processing facilities. Expands the grounds on which the
commissioner of IDEM may suspend or revoke a drinking water or
wastewater operator certification. For purposes of wastewater
management statutes, replaces the term "wastewater" with "septage".
(Continued next page)
Effective: Upon passage; July 1, 2011.
Gard
, Charbonneau
, Buck
January 12, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
February 3, 2011, reported favorably _ Do Pass.
February 7, 2011, read second time, amended, ordered engrossed.
Digest Continued
Provides that wastewater management statutes apply to land
application of septage. Removes the limitation on the number of
landfill inspectors IDEM may designate. Provides that an
environmental restrictive ordinance (ERO) is an ordinance adopted by
a municipal corporation that seeks to control the use of groundwater in
a manner and to a degree that protects human health and the
environment against unacceptable exposure to a release of hazardous
substances, petroleum, or both. Requires IDEM to give written notice
to a municipal corporation that the department is relying on an ERO
adopted by the municipal corporation as part of a risk based
remediation proposal. Requires a municipal corporation to notify IDEM
of adoption, repeal, or amendment of an ERO only if the municipal
corporation received that written notice. Allows, in streamlined
rulemaking processes, the adoption of a proposed rule with
amendments at the public hearing, and requires that the amendments
meet logical outgrowth requirements. Modifies the deductible for
claims against the underground petroleum storage tank excess liability
trust fund by certain underground storage tank owners. Requires
disclosure in the residential real estate sales disclosure form of known
contamination caused by the manufacture of a controlled substance on
the property that has not been certified as decontaminated by an
approved environmental inspector. Provides that an owner or agent is
required to disclose to a transferee any knowledge of a psychologically
affected property in a real estate transaction if the transferred property
is listed on the Indiana criminal justice institute's methamphetamine
registry web site. Requires the environmental quality service council
to study in 2011 each program administered by IDEM for which the
annual revenue generated by the program exceeds IDEM's annual cost
to administer the program. Authorizes IDEM to administer certain
federal programs. Repeals a provision concerning air pollution control
board permit or registration exemptions. Eliminates the northwest
Indiana advisory board.
Reprinted
February 8, 2011
First Regular Session 117th General Assembly (2011)
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
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
SENATE BILL No. 433
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 13-11-2-17; (11)SB0433.2.1. -->
SECTION 1. IC 13-11-2-17, AS AMENDED BY P.L.2-2005,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 17. (a) "Board", except as provided in subsections
(b) through (i), (h), refers to:
(1) the air pollution control board;
(2) the water pollution control board; or
(3) the solid waste management board.
(b) "Board", for purposes of IC 13-13-6, refers to the northwest
Indiana advisory board.
(c) (b) "Board", for purposes of IC 13-17, refers to the air pollution
control board.
(d) (c) "Board", for purposes of IC 13-18, refers to the water
pollution control board.
(e) (d) "Board", for purposes of:
(1) IC 13-19;
(2) IC 13-20;
(3) IC 13-22;
(4) IC 13-23, except IC 13-23-11;
(5) IC 13-24; and
(6) IC 13-25;
refers to the solid waste management board.
(f) (e) "Board", for purposes of IC 13-21, refers to the board of
directors of a solid waste management district.
(g) (f) "Board", for purposes of IC 13-23-11, refers to the
underground storage tank financial assurance board.
(h) (g) "Board", for purposes of IC 13-26, refers to the board of
trustees of a regional water, sewage, or solid waste district.
(i) (h) "Board", for purposes of IC 13-27 and IC 13-27.5, refers to
the clean manufacturing technology board.
SOURCE: IC 13-11-2-71.2; (11)SB0433.2.2. -->
SECTION 2. IC 13-11-2-71.2, AS ADDED BY P.L.78-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 71.2. "Environmental restrictive ordinance"
means, with respect to land, any ordinance that:
(1) is adopted by a municipal corporation (as defined in
IC 36-1-2-10); and
(2) limits, regulates, or prohibits any of the following with respect
to seeks to control the use of groundwater
(A) Withdrawal.
(B) Human consumption.
(C) Any other use.
in a manner and to a degree that protects human health and
the environment against unacceptable exposure to a release of
hazardous substances or petroleum, or both.
SOURCE: IC 13-11-2-85.6; (11)SB0433.2.3. -->
SECTION 3. IC 13-11-2-85.6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 85.6. "Foreclosure", for
purposes of sections 148(e)(2), 150(c), and 151(e) of this chapter,
means the acquisition of a vessel or facility for purposes of
IC 13-25-4-8(c), an underground storage tank for purposes of
IC 13-23-13, or a petroleum facility for purposes of IC 13-24-1
through any of the following:
(1) If the vessel or facility, underground storage tank, or
petroleum facility was security for an extension of credit
previously contracted:
(A) purchase at sale under a judgment or decree, power of
sale, or nonjudicial foreclosure;
(B) a deed in lieu of foreclosure or a similar conveyance
from a trustee; or
(C) repossession.
(2) Conveyance under an extension of credit previously
contracted, including the termination of a lease agreement.
(3) Any other formal or informal manner by which the person
acquires, for subsequent disposition, title to or possession of
a vessel or facility, underground storage tank, or petroleum
facility in order to protect the security interest of the person.
SOURCE: IC 13-11-2-148; (11)SB0433.2.4. -->
SECTION 4. IC 13-11-2-148, AS AMENDED BY P.L.78-2009,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 148. (a) "Operator", for purposes of
IC 13-18-10, means the person in direct or responsible charge or
control of one (1) or more confined feeding operations.
(b) "Operator", for purposes of IC 13-18-11 and environmental
management laws, means the person in direct or responsible charge and
supervising the operation of:
(1) a water treatment plant;
(2) a wastewater treatment plant; or
(3) a water distribution system.
(c) "Operator", for purposes of IC 13-20-6, means a corporation, a
limited liability company, a partnership, a business association, a unit,
or an individual who is a sole proprietor that is one (1) of the following:
(1) A broker.
(2) A person who manages the activities of a transfer station that
receives municipal waste.
(3) A transporter.
(d) "Operator", for purposes of IC 13-23, except as provided in
subsections (e), (g), and (h), means a person:
(1) in control of; or
(2) having responsibility for;
the daily operation of an underground storage tank.
(e) "Operator", for purposes of IC 13-23-13, does not include the
following:
(1) A person who:
(A) does not participate in the management of an underground
storage tank;
(B) is otherwise not engaged in the:
(i) production;
(ii) refining; and
(iii) marketing;
of regulated substances; and
(C) holds evidence of ownership, primarily to protect the
owner's security interest in the tank.
(2) A person that is a lender that did not participate in
management of an underground storage tank before
foreclosure, notwithstanding that the person:
(A) forecloses on the vessel or facility; and
(B) after foreclosure, sells, re-leases (in the case of a lease
finance transaction), or liquidates the underground storage
tank, maintains business activities, winds up operations,
undertakes a response action under Section 107(d)(1) of
CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of
an on-scene coordinator appointed under the National
Contingency Plan with respect to the underground storage
tank, or takes any other measure to preserve, protect, or
prepare the underground storage tank prior to sale or
disposition;
if the person seeks to sell, re-lease (in the case of a lease
finance transaction), or otherwise divest the person of the
underground storage tank at the earliest practicable,
commercially reasonable time, on commercially reasonable
terms, taking into account market conditions and legal and
regulatory requirements.
(2) (3) A person who:
(A) does not own or lease, directly or indirectly, the facility or
business at which the underground storage tank is located;
(B) does not participate in the management of the facility or
business described in clause (A); and
(C) is engaged only in:
(i) filling;
(ii) gauging; or
(iii) filling and gauging;
the product level in the course of delivering fuel to an
underground storage tank.
(3) (4) A political subdivision (as defined in IC 36-1-2-13) or unit
of federal or state government that:
(A) acquires ownership or control of an underground storage
tank on a brownfield because of:
(i) bankruptcy;
(ii) foreclosure;
(iii) tax delinquency, including an acquisition under
IC 6-1.1-24 or IC 6-1.1-25;
(iv) abandonment;
(v) the exercise of eminent domain, including any purchase
of property once an offer to purchase has been tendered
under IC 32-24-1-5;
(vi) receivership;
(vii) transfer from another political subdivision or unit of
federal or state government;
(viii) acquiring an area needing redevelopment (as defined
in IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and
IC 36-7-15.1-15.5;
(ix) other circumstances in which the political subdivision
or unit of federal or state government involuntarily acquired
an interest in the property because of the political
subdivision's or unit's function as sovereign; or
(x) any other means to conduct remedial actions on a
brownfield; and
(B) is engaged only in activities in conjunction with:
(i) investigation or remediation of hazardous substances,
petroleum, and other pollutants associated with a
brownfield, including complying with land use restrictions
and institutional controls; or
(ii) monitoring or closure of an underground storage tank;
unless existing contamination on the brownfield is exacerbated
due to gross negligence or intentional misconduct by the
political subdivision or unit of federal or state government.
(f) For purposes of subsection (e)(3)(B), reckless, willful, or wanton
misconduct constitutes gross negligence.
(g) "Operator" does not include a person that after June 30, 2009,
meets, for purposes of the determination under IC 13-23-13 of liability
for a release from an underground storage tank, the exemption criteria
under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for
purposes of the determination of liability for a release of a hazardous
substance.
(h) "Operator" does not include a person that meets, for purposes of
the determination under IC 13-23-13 of liability for a release from an
underground storage tank, the exemption criteria under Section 107(r)
of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the
determination of liability for a release of a hazardous substance, except
that the person acquires ownership of the facility after June 30, 2009.
SOURCE: IC 13-11-2-150; (11)SB0433.2.5. -->
SECTION 5. IC 13-11-2-150, AS AMENDED BY P.L.78-2009,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 150. (a) "Owner", for purposes of IC 13-23
(except as provided in subsections (b), (c), (d), (e), and (f)) and (g)
means:
(1) for an underground storage tank that:
(A) was:
(i) in use on November 8, 1984; or
(ii) brought into use after November 8, 1984;
for the storage, use, or dispensing of regulated substances, a
person who owns the underground storage tank or the real
property that is the underground storage tank site, or
both; or
(B) is: was:
(i) in use before November 8, 1984; but
(ii) no longer in use on November 8, 1984;
a person who owned the tank immediately before the
discontinuation of the tank's use; or
(2) a person who conveyed ownership or control of the
underground storage tank to a political subdivision (as defined in
IC 36-1-2-13) or unit of federal or state government because of:
(A) bankruptcy;
(B) foreclosure;
(C) tax delinquency, including a conveyance under
IC 6-1.1-24 or IC 6-1.1-25;
(D) abandonment;
(E) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(F) receivership;
(G) acquiring an area needing redevelopment (as defined in
IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(H) other circumstances in which a political subdivision or
unit of federal or state government involuntarily acquired
ownership or control because of the political subdivision's or
unit's function as sovereign; or
(I) any other means to conduct remedial actions on a
brownfield;
if the person was a person described in subdivision (1)
immediately before the person conveyed ownership or control of
the underground storage tank.
(b) "Owner", for purposes of IC 13-23-13, does not include a person
who:
(1) does not participate in the management of an underground
storage tank;
(2) is otherwise not engaged in the:
(A) production;
(B) refining; and
(C) marketing;
of regulated substances; and
(3) holds indicia of ownership primarily to protect the owner's
security interest in the tank.
(c) "Owner", for purposes of IC 13-23, does not include a
person that is a lender that did not participate in management of
an underground storage tank before foreclosure, notwithstanding
that the person:
(1) forecloses on the underground storage tank; and
(2) after foreclosure, sells, re-leases (in the case of a lease
finance transaction), or liquidates the underground storage
tank, maintains business activities, winds up operations,
undertakes a response action under Section 107(d)(1) of
CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of an
on-scene coordinator appointed under the National
Contingency Plan with respect to the underground storage
tank, or takes any other measure to preserve, protect, or
prepare the underground storage tank prior to sale or
disposition;
if the person seeks to sell, re-lease (in the case of a lease finance
transaction), or otherwise divest the person of the underground
storage tank at the earliest practicable, commercially reasonable
time, on commercially reasonable terms, taking into account
market conditions and legal and regulatory requirements.
(c) (d) "Owner", for purposes of IC 13-23, does not include a
political subdivision (as defined in IC 36-1-2-13) or unit of federal or
state government that acquired ownership or control of an underground
storage tank because of:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24 or
IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(6) receivership;
(7) transfer from another political subdivision or unit of federal or
state government;
(8) acquiring an area needing redevelopment (as defined in
IC 36-7-1-3) or conducting redevelopment activities, specifically
under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1,
IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or unit
of federal or state government involuntarily acquired ownership
or control because of the political subdivision's or unit's function
as sovereign; or
(10) any other means to conduct remedial actions on a
brownfield;
unless the political subdivision or unit of federal or state government
causes or contributes to the release or threatened release of a regulated
substance, in which case the political subdivision or unit of federal or
state government is subject to IC 13-23 in the same manner and to the
same extent as a nongovernmental entity under IC 13-23.
(d) (e) "Owner", for purposes of IC 13-23, does not include a
nonprofit corporation that acquired ownership or control of an
underground storage tank to assist and support a political subdivision's
revitalization and reuse of a brownfield for noncommercial purposes,
including conservation, preservation, and recreation, unless the
nonprofit corporation causes or contributes to the release or threatened
release of a regulated substance, in which case the nonprofit
corporation is subject to IC 13-23 in the same manner and to the same
extent as any other nongovernmental entity under IC 13-23.
(e) (f) "Owner" does not include a person that after June 30, 2009,
meets, for purposes of the determination under IC 13-23-13 of liability
for a release from an underground storage tank, the exemption criteria
under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for
purposes of the determination of liability for a release of a hazardous
substance.
(f) (g) "Owner" does not include a person that meets, for purposes
of the determination under IC 13-23-13 of liability for a release from
an underground storage tank, the exemption criteria under Section
107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the
determination of liability for a release of a hazardous substance, except
that the person acquires ownership of the facility after June 30, 2009.
SOURCE: IC 13-11-2-151; (11)SB0433.2.6. -->
SECTION 6. IC 13-11-2-151, AS AMENDED BY P.L.78-2009,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 151. (a) "Owner or operator", for purposes of
IC 13-24-1, means the following:
(1) For a petroleum facility, a person who owns or operates the
facility.
(2) For a petroleum facility where title or control has been
conveyed because of:
(A) bankruptcy;
(B) foreclosure;
(C) tax delinquency, including a conveyance under
IC 6-1.1-24 or IC 6-1.1-25;
(D) abandonment;
(E) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(F) receivership;
(G) acquiring an area needing redevelopment (as defined in
IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(H) other circumstances in which a political subdivision (as
defined in IC 36-1-2-13) or unit of federal or state government
involuntarily acquired title or control because of the political
subdivision's or unit's function as sovereign; or
(I) any other means to conduct remedial actions on a
brownfield;
to a political subdivision or unit of federal or state government, a
person who owned, operated, or otherwise controlled the
petroleum facility immediately before title or control was
conveyed.
(b) Subject to subsection (c), the term does not include a political
subdivision or unit of federal or state government that acquired
ownership or control of the facility through:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24 or
IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(6) receivership;
(7) transfer from another political subdivision or unit of federal or
state government;
(8) acquiring an area needing redevelopment (as defined in
IC 36-7-1-3) or conducting redevelopment activities, specifically
under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1,
IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or unit
of federal or state government involuntarily acquired ownership
or control because of the political subdivision's or unit's function
as sovereign; or
(10) any other means to conduct remedial actions on a brownfield.
(c) The term includes a political subdivision or unit of federal or
state government that causes or contributes to the release or threatened
release of a regulated substance, in which case the political subdivision
or unit of federal or state government is subject to IC 13-24-1:
(1) in the same manner; and
(2) to the same extent;
as a nongovernmental entity under IC 13-24-1.
(d) The term does not include a person who:
(1) does not participate in the management of a petroleum facility;
(2) is otherwise not engaged in the:
(A) production;
(B) refining; and
(C) marketing;
of petroleum; and
(3) holds evidence of ownership in a petroleum facility, primarily
to protect the owner's security interest in the petroleum facility.
(e) The term does not include a person that is a lender that did
not participate in management of a petroleum facility before
foreclosure, notwithstanding that the person:
(1) forecloses on the petroleum facility; and
(2) after foreclosure, sells, re-leases (in the case of a lease
finance transaction), or liquidates the petroleum facility,
maintains business activities, winds up operations, undertakes
a response action under Section 107(d)(1) of CERCLA (42
U.S.C. 9607(d)(1)) or under the direction of an on-scene
coordinator appointed under the National Contingency Plan
with respect to the petroleum facility, or takes any other
measure to preserve, protect, or prepare the petroleum
facility prior to sale or disposition;
if the person seeks to sell, re-lease (in the case of a lease finance
transaction), or otherwise divest the person of the petroleum
facility at the earliest practicable, commercially reasonable time,
on commercially reasonable terms, taking into account market
conditions and legal and regulatory requirements.
(e) (f) The term does not include a nonprofit corporation that
acquired ownership or control of a facility to assist and support a
political subdivision's revitalization and reuse of a brownfield for
noncommercial purposes, including conservation, preservation, and
recreation, unless the nonprofit corporation causes or contributes to the
release or threatened release of a regulated substance, in which case the
nonprofit corporation is subject to IC 13-24-1 in the same manner and
to the same extent as any other nongovernmental entity under
IC 13-24-1.
(f) (g) The term does not include a person that after June 30, 2009,
meets, for purposes of the determination under IC 13-24-1 of liability
for a release of petroleum, the exemption criteria under Section 107(q)
of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the
determination of liability for a release of a hazardous substance.
(g) (h) The term does not include a person that meets, for purposes
of the determination under IC 13-24-1 of liability for a release of
petroleum, the exemption criteria under Section 107(r) of CERCLA (42
U.S.C. 9607(r)) that apply for purposes of the determination of liability
for a release of a hazardous substance, except that the person acquires
ownership of the facility after June 30, 2009.
SOURCE: IC 13-11-2-167; (11)SB0433.2.7. -->
SECTION 7. IC 13-11-2-167 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 167. "Portable sanitary
unit", for purposes of IC 13-18-12, this chapter, includes the
following:
(1) Portable toilets.
(2) Mobile restrooms.
(3) Similar devices or equipment of a portable nature containing
sanitary facilities for temporary or short term use.
SOURCE: IC 13-11-2-199.2; (11)SB0433.2.8. -->
SECTION 8. IC 13-11-2-199.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 199.2. "Septage", for purposes of
this chapter and IC 13-18-12, means the following:
(1) The following from sewage disposal systems:
(A) Human excreta.
(B) Water.
(C) Scum.
(D) Sludge.
(E) Sewage.
(F) Incidental or accidental seepage.
(2) Retained contents of sewage holding tanks and portable
sanitary units.
(3) Grease, fats, and retained wastes from grease traps or
interceptors.
(4) Human wastes carried in liquid from ordinary living
processes.
SOURCE: IC 13-11-2-199.3; (11)SB0433.2.9. -->
SECTION 9. IC 13-11-2-199.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 199.3. "Septage management",
for purposes of IC 13-18-12, includes the following:
(1) The cleaning of sewage disposal systems.
(2) The transportation, storage, treatment, or disposal of
septage.
SOURCE: IC 13-11-2-201; (11)SB0433.2.10. -->
SECTION 10. IC 13-11-2-201 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 201. "Sewage disposal
system", for purposes of this chapter, IC 13-18-12, and
IC 13-20-17.5, means septic tanks, wastewater septage holding tanks,
seepage pits, cesspools, privies, composting toilets, interceptors or
grease traps, portable sanitary units, and other equipment, facilities, or
devices used to:
(1) store;
(2) treat;
(3) make inoffensive; or
(4) dispose of;
human excrement or liquid carrying wastes of a domestic nature.
SOURCE: IC 13-11-2-208; (11)SB0433.2.11. -->
SECTION 11. IC 13-11-2-208 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 208. "Solid waste
landfill", for purposes of IC 13-20-9, IC 13-20-21-6, IC 13-20-21, and
IC 13-22-9, means a solid waste disposal facility at which solid waste
is deposited on or beneath the surface of the ground as an intended
place of final location.
SOURCE: IC 13-11-2-258; (11)SB0433.2.12. -->
SECTION 12. IC 13-11-2-258 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 258. "Wastewater
treatment plant", for purposes of IC 13-18-11, IC 13-20-17.5, and
environmental management laws, means the system of treatment
works, regulatory devices, equipment, and other facilities and
appurtenances installed to treat sewage, industrial wastes, and other
wastes delivered by a system of sewers and other related facilities,
whether owned or operated by the state, a municipality, or a person,
firm, or corporation. The term does not include septic tank disposal
systems.
SOURCE: IC 13-13-7-9; (11)SB0433.2.13. -->
SECTION 13. IC 13-13-7-9, AS AMENDED BY P.L.178-2009,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. The council shall do the following:
(1) Study:
(A) issues designated by the legislative council;
(B) in 2011, each program administered by the department
for which the program's annual cost of administration
exceeds the annual revenue generated by the program and
evaluate whether to recommend measures to reduce or
eliminate the excess cost; and
(B) (C) the following in 2012:
(i) The effectiveness of the electronic waste provisions of
IC 13-20.5.
(ii) Appropriate guidelines for the Indiana recycling market
development board for determining under IC 13-20.5-2-2
whether a manufacturer has made good faith progress to
achieve substantial compliance with IC 13-20.5.
(2) Advise the commissioner on policy issues decided on by the
council.
(3) Review the mission and goals of the department and evaluate
the implementation of the mission.
(4) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department to
meet the department's priorities; and
(B) program requirements and resource requirements for the
department.
(5) Serve as a forum for citizens, the regulated community, and
legislators to discuss broad policy directions.
(6) Submit a final report to the legislative council, in an electronic
format under IC 5-14-6, that contains at least the following:
(A) An outline of activities of the council.
(B) Recommendations for department action.
(C) Recommendations for legislative action.
SOURCE: IC 13-14-9-2; (11)SB0433.2.14. -->
SECTION 14. IC 13-14-9-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. Except as provided
in sections 4.5, 7, and 8, and 14 of this chapter, a board may not adopt
a rule under this chapter until the board has conducted at least two (2)
public comment periods, each of which must be at least thirty (30) days
in length.
SOURCE: IC 13-14-9-8; (11)SB0433.2.15. -->
SECTION 15. IC 13-14-9-8, AS AMENDED BY P.L.204-2007,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a)
Except as provided in subsection (g),
unless a board determines that a proposed rule should be subject to
additional comments or makes a determination described in subsection
(f), sections 2 through 7 and sections 9 through 14 of this chapter do
not apply to a rulemaking action if the commissioner determines that:
(1) the proposed rule constitutes:
(A) an adoption or incorporation by reference of a federal law,
regulation, or rule that:
(i) is or will be applicable to Indiana; and
(ii) contains no amendments that have a substantive effect
on the scope or intended application of the federal law or
rule;
(B) a technical amendment with no substantive effect on an
existing Indiana rule; or
(C) a substantive amendment to an existing Indiana rule, the
primary and intended purpose of which is to clarify the
existing rule; and
(2) the proposed rule is of such nature and scope that there is no
reasonably anticipated benefit to the environment or the persons
referred to in section 7(a)(2) of this chapter from the following:
(A) Exposing the proposed rule to diverse public comment
under section 3 or 4 of this chapter.
(B) Affording interested or affected parties the opportunity to
be heard under section 3 or 4 of this chapter.
(C) Affording interested or affected parties the opportunity to
develop evidence in the record collected under sections 3 and
4 of this chapter.
(b) If the commissioner makes a determination under subsection (a),
the commissioner shall prepare written findings under this section. The
full text of the commissioner's written findings shall be included in:
(1) the notice of adoption of the proposed rule; and
(2) the written materials to be considered by the board at the
public hearing held under this section.
(c) The notice of adoption of a proposed rule under this section
must:
(1) be published in the Indiana Register; and
(2) include the following:
(A) Draft rule language that includes the language described
in subsection (a)(1).
(B) A written comment period of at least thirty (30) days.
(C) A notice of public hearing before the appropriate board.
(d) The department shall include the following in the written
materials to be considered by the board at the public hearing referred
to in subsection (c):
(1) The full text of the proposed rule as most recently prepared by
the department.
(2) Written responses of the department to written comments
received during the comment period referred to in subsection (c).
(3) The commissioner's findings under subsection (b).
(e) At the public hearing referred to in subsection (c), the board
may:
(1) adopt the proposed rule;
(2) adopt the proposed rule with amendments;
(2) (3) reject the proposed rule;
(3) (4) determine that additional public comment is necessary; or
(4) (5) determine to reconsider the proposed rule at a subsequent
board meeting.
(f) If the board determines under subsection (e) that additional
public comment is necessary, the department shall publish a second
notice in accordance with section 4 of this chapter and complete the
rulemaking in accordance with this chapter.
(g) If the board adopts the proposed rule with amendments
under subsection (e)(2), the amendments must meet the logical
outgrowth requirements of section 10 of this chapter, except that
the board, in determining whether the amendments are a logical
outgrowth of comments provided to the board, and in considering
whether the language of comments provided to the board fairly
apprised interested persons of the specific subjects and issues
contained in the amendments, shall consider the comments
provided to the board at the public hearing referred to in
subsection (c)(2)(C).
SOURCE: IC 13-14-9-14; (11)SB0433.2.16. -->
SECTION 16. IC 13-14-9-14, AS ADDED BY P.L.100-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 14. (a) Except as provided in subsection (g),
sections 1 through 13 of this chapter do not apply to a rule adopted
under this section.
(b) The water pollution control board may use the procedures in this
section to adopt a rule to establish new water quality standards for a
community served by a combined sewer that has:
(1) an approved long term control plan; and
(2) an approved use attainability analysis that supports the use of
a CSO wet weather limited use subcategory established under
IC 13-18-3-2.5.
(c) After the department approves the long term control plan and use
attainability analysis, the department shall publish in the Indiana
Register a notice of adoption of a proposed rule to establish a CSO wet
weather limited use subcategory for the area defined by the approved
use attainability analysis.
(d) The notice under subsection (c) must include the following:
(1) Suggested rule language that amends the designated use to
allow for a CSO wet weather limited use subcategory in
accordance with IC 13-18-3-2.5.
(2) A written comment period of at least thirty (30) days.
(3) A notice of public hearing before the water pollution control
board.
(e) The department shall include the following in the written
materials to be considered by the water pollution control board at the
public hearing referred to in subsection (d)(3):
(1) The full text of the proposed rule as most recently prepared by
the department.
(2) Written responses of the department to written comments
received during the comment period referred to in subsection
(d)(2).
(3) The letter prepared by the department approving the long term
control plan and use attainability analysis.
(f) At the public hearing referred to in subsection (d)(3), the board
may:
(1) adopt the proposed rule to establish a new water quality
standard amending the designated use to allow for a CSO wet
weather limited use subcategory;
(2) adopt the proposed rule with amendments;
(2) (3) reject the proposed rule; or
(3) (4) determine to reconsider the proposed rule at a subsequent
board meeting.
(g) If the board adopts the proposed rule with amendments
under subsection (f)(2), the amendments must meet the logical
outgrowth requirements of section 10 of this chapter, except that
the board, in determining whether the amendments are a logical
outgrowth of comments provided to the board, and in considering
whether the language of comments provided to the board fairly
apprised interested persons of the specific subjects and issues
contained in the amendments, shall consider the comments
provided to the board at the public hearing referred to in
subsection (d)(3).
(g) (h) The department shall submit a new water quality standard
established in a rule adopted under subsection (f)(1) (f) to the United
States Environmental Protection Agency for approval.
SOURCE: IC 13-14-13-2; (11)SB0433.2.17. -->
SECTION 17. IC 13-14-13-2, AS ADDED BY P.L.114-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. The department may accept the electronic
submission of information only if the submission meets the following:
(1) Standards established under IC 5-24 and corresponding rules.
(2) (1) Requirements of cross-media electronic reporting under 40
CFR 3.
(3) (2) Procedures established by the department to accept
electronic information.
SOURCE: IC 13-14-13-4; (11)SB0433.2.18. -->
SECTION 18. IC 13-14-13-4, AS ADDED BY P.L.114-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) The department may adopt procedures
that are consistent with federal law for compliance with this chapter to
allow an applicant to submit an electronic document bearing the valid
electronic signature of a signatory if that signatory would otherwise be
required to sign the paper document for which the electronic document
substitutes.
(b) The procedures adopted under subsection (a) may provide for
electronic signature standards that are
(1) acceptable to the state board of accounts under IC 5-24; and
(2) consistent with 40 CFR 3.
SOURCE: IC 13-14-13-6; (11)SB0433.2.19. -->
SECTION 19. IC 13-14-13-6, AS ADDED BY P.L.114-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. A person is subject to applicable state or
federal civil, criminal, or other penalties and remedies for failure to
comply with a reporting requirement if the person submits an electronic
document that:
(1) is in place of a paper document under this chapter; and
(2) fails to comply with the following:
(A) Standards established under IC 5-24 and supporting rules.
(B) (A) Requirements of cross-media electronic reporting
under 40 CFR 3.
(C) (B) Procedures established by the department to accept
electronic information.
SOURCE: IC 13-15-4-1; (11)SB0433.2.20. -->
SECTION 20. IC 13-15-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Except as
provided in sections 2, 3, and 6 of this chapter, the commissioner shall
approve or deny an application filed with the department after July 1,
1995, within the following number of days:
(1) Three hundred sixty-five (365) days for an application
concerning the following:
(A) A new hazardous waste or solid waste landfill.
(B) A new hazardous waste or solid waste incinerator.
(C) A major modification of a solid waste landfill.
(D) A major modification of a solid waste incinerator.
(E) A new hazardous waste treatment or storage facility.
(F) A new Part B permit issued under 40 CFR 270 et seq. for
an existing hazardous waste treatment or storage facility.
(G) A Class 3 modification under 40 CFR 270.42 to a
hazardous waste landfill.
(H) A new solid waste processing facility other than a
transfer station.
(2) Except as provided in IC 13-18-3-2.1, two hundred seventy
(270) days for an application concerning the following:
(A) A Class 3 modification under 40 CFR 270.42 of a
hazardous waste treatment or storage facility.
(B) A major new National Pollutant Discharge Elimination
System permit.
(C) A major modification to a solid waste processing
facility other than a transfer station.
(3) Except as provided in IC 13-18-3-2.1, one hundred eighty
(180) days for an application concerning the following:
(A) A new solid waste processing or recycling facility.
transfer station or a major modification to a transfer
station.
(B) A minor new National Pollutant Discharge Elimination
System individual permit.
(C) A permit concerning the land application of wastewater.
(4) Except as provided in IC 13-18-3-2.1, one hundred fifty (150)
days for an application concerning a minor new National
Pollutant Discharge Elimination System general permit.
(5) One hundred twenty (120) days for an application concerning
a Class 2 modification under 40 CFR 270.42 to a hazardous waste
facility.
(6) Ninety (90) days for an application concerning the following:
(A) A minor modification to a permit for the following:
(i) A solid waste landfill. or
(ii) A solid waste processing facility.
(iii) An incinerator. permit.
(B) A wastewater facility or water facility construction permit.
(7) The amount of time provided for in rules adopted by the air
pollution control board for an application concerning the
following:
(A) An air pollution construction permit that is subject to 326
IAC 2-2 and 326 IAC 2-3.
(B) An air pollution facility construction permit (other than as
defined in 326 IAC 2-2).
(C) Registration of an air pollution facility.
(8) Sixty (60) days for an application concerning the following:
(A) A Class 1 modification under 40 CFR 270.42 requiring
prior written approval, to a hazardous waste:
(i) landfill;
(ii) incinerator;
(iii) treatment facility; or
(iv) storage facility.
(B) Any other permit not specifically described in this section
for which the application fee exceeds forty-nine dollars ($49)
and for which a time frame has not been established under
section 3 of this chapter.
(b) When a person holding a valid permit concerning an activity of
a continuing nature has made a timely and sufficient application for a
renewal permit under the rules of one (1) of the boards, the
commissioner shall approve or deny the application on or before the
expiration date stated in the permit for which renewal is sought.
SOURCE: IC 13-18-2-1; (11)SB0433.2.21. -->
SECTION 21. IC 13-18-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.
(a) In carrying out
the purposes of IC 13-13-5-1(1), the department may, in addition to any
other action that is necessary or appropriate to carry out the purpose of
IC 13-13-5-1(1), do the following:
(1) Cooperate with the United States Surgeon General and other
agencies of the federal government, other states, interstate
agencies, and other interested parties in all matters relating to
water pollution, including the development of programs for
eliminating or reducing pollution and improving the sanitary
condition of waters.
(2) On behalf of Indiana, apply for and receive money made
available to the department under the Federal Water Pollution
Control Act by any agency of the federal government. However,
all money received from any federal agency:
(A) shall be paid into the state treasury; and
(B) shall be expended, under the direction of the department,
solely for the purpose for which the grant has been made.
(3) Approve projects for which application for loans or grants
under the Federal Water Pollution Control Act is made by:
(A) any political subdivision or other public body created by
or under Indiana law and having jurisdiction over disposal of
sewage, industrial wastes, or other wastes;
(B) a state agency; or
(C) an interstate agency.
(4) Participate through the department's authorized
representatives in proceedings under the Federal Water Pollution
Control Act.
(5) Give consent on behalf of Indiana to requests by the
Administrator of the Federal Security Agency to the Attorney
General of the United States for the bringing of suit for abatement
of pollution.
(6) Consent to the joinder as a defendant in a suit for the
abatement of pollution of a person who is alleged to be
discharging matter contributing to the pollution.
(7) Except for a Class II well (as defined in IC14-8-2-41)
regulated under IC 14:
(A) develop a regulatory program for implementation of;
and
(B) seek authority to implement;
the Underground Injection Control program under the
federal Safe Drinking Water Act (42 U.S.C. 300f through
300j).
(8) Subject to subsection (b), enter into an agreement with the
United States Army Corps of Engineers and the United States
Environmental Protection Agency to administer a permitting
program under Section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
(b) Administration of a permitting program by the department
under an agreement entered into under subsection (a)(8) does not
affect the authority of the department of natural resources to
regulate activities within the waterways of Indiana under IC 14-26,
IC 14-28, or IC 14-29.
SOURCE: IC 13-18-11-8; (11)SB0433.2.22. -->
SECTION 22. IC 13-18-11-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8. (a) The
commissioner may suspend or revoke the certificate of an operator
issued under this chapter, following a hearing under IC 13-15-7-3 and
IC 4-21.5, if any of the following conditions are found:
(1) The operator has practiced fraud or deception
in any state or
other jurisdiction.
(2) Reasonable care, judgment, or the application of the operator's
knowledge or ability was not used in the performance of the
operator's duties.
(3) The operator is incompetent or unable to properly perform the
operator's duties.
(4) A certificate of the operator issued:
(A) under this chapter; or
(B) by any other state or jurisdiction for a purpose
comparable to the purpose for which a certificate is issued
under this chapter;
has been revoked.
(5) The operator has been convicted of a crime related to a
certificate of the operator issued:
(A) under this chapter; or
(B) by any other state or jurisdiction for a purpose
comparable to the purpose for which a certificate is issued
under this chapter.
(b) A hearing and further proceedings shall be conducted in
accordance with IC 4-21.5-7.
SOURCE: IC 13-18-12-1; (11)SB0433.2.23. -->
SECTION 23. IC 13-18-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. The water pollution
control board and the department shall regulate persons who provide
wastewater septage management services.
SOURCE: IC 13-18-12-2; (11)SB0433.2.24. -->
SECTION 24. IC 13-18-12-2, AS AMENDED BY P.L.114-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. (a) A person may not transport, treat, store, or
dispose of wastewater septage in violation of this chapter.
(b) A person may not engage in:
(1) the cleaning of sewage disposal systems; or
(2) the transportation, treatment, storage, or disposal of
wastewater; septage;
without a wastewater septage management permit unless the person is
exempted under section 7 of this chapter.
(c) A person may not operate a vehicle for the transportation of
wastewater septage without a wastewater septage management vehicle
identification number issued under this chapter. unless the person is
exempted under section 4(a)(2) of this chapter.
(d) A person may not dispose of wastewater septage by land
application without first obtaining approval of the land application site
under this chapter.
(e) The department may issue a wastewater septage management
permit that incorporates issuance of a wastewater septage management
vehicle identification number and approval of a land application site.
(f) The department may issue new and renewal permits,
identification numbers, and approvals under this chapter for a period
the department determines appropriate. However, the period may not
exceed three (3) years.
SOURCE: IC 13-18-12-3; (11)SB0433.2.25. -->
SECTION 25. IC 13-18-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. The board shall
initiate, in accordance with IC 13-15, a
wastewater septage
management permit program for all persons who offer to perform or are
performing wastewater septage management services.
SOURCE: IC 13-18-12-4; (11)SB0433.2.26. -->
SECTION 26. IC 13-18-12-4, AS AMENDED BY P.L.114-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) The board shall, in accordance with
IC 13-14-8, adopt rules to establish the following:
(1) Standards for the following:
(A) The issuance of wastewater septage management permits
under section 3 of this chapter.
(B) Cleaning of sewage disposal systems.
(C) (B) Transportation, storage, and treatment of wastewater,
septage, and disposal of wastewater, septage, including land
application.
(2) Issuance of identification numbers for all vehicles used in
wastewater septage management services. However, the board
may exempt by rule vehicles licensed on September 1, 1983,
under the industrial waste haulers rule 320 IAC 5-10 as the rule
existed on September 1, 1983.
(3) Procedures and standards for approval of sites for land
application of wastewater. septage.
(b) The board may designate a county or city health agency as the
board's agent to approve land application sites in accordance with rules
adopted under this section.
SOURCE: IC 13-18-12-5; (11)SB0433.2.27. -->
SECTION 27. IC 13-18-12-5, AS AMENDED BY P.L.114-2008,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. (a) Subject to subsections (b) and (c), the board
may adopt a fee schedule for the issuance of:
(1) wastewater septage management permits;
(2) wastewater septage management vehicle identification
numbers; and
(3) land application site approvals;
under this chapter.
(b) A permit fee may not exceed one hundred dollars ($100) per
year.
(c) A vehicle identification number or land application approval fee
may not exceed thirty dollars ($30) per year per vehicle or site.
(d) Whenever the board designates a county or city health agency as
the board's agent to approve land application sites under this chapter,
the county or city health agency shall collect and retain the land
application approval fee.
SOURCE: IC 13-18-12-7; (11)SB0433.2.28. -->
SECTION 28. IC 13-18-12-7, AS AMENDED BY P.L.114-2008,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 7. This chapter does not require a person to obtain
a permit or vehicle identification number under this chapter if the
person is:
(1) engaged in:
(A) servicing or maintaining publicly owned wastewater
treatment facilities; or
(B) transportation of wastewater from a publicly owned
wastewater treatment facility;
as long as the wastewater at that facility has been fully treated and
is stabilized;
(2) transporting wastewater septage from the point of its removal
to another location on the same site or tract owned by the same
person, although disposal of the wastewater septage must be done
in accordance with this chapter; or
(3) a homeowner who cleans and services the sewage disposal
system serving only the homeowner's residence, although
transportation and disposal of wastewater septage, including
land application, must be done in compliance with this chapter.
SOURCE: IC 13-20-11-1; (11)SB0433.2.29. -->
SECTION 29. IC 13-20-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. The department shall
designate ten (10) employees of the department as landfill inspectors.
However, the department may not designate a landfill inspector for a
county that has a consolidated city.
SOURCE: IC 13-20-17.5-5; (11)SB0433.2.30. -->
SECTION 30. IC 13-20-17.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. After July 1, 2003,
a person may sell or provide a mercury commodity to another person
in this state (other than for collection for recycling) only if:
(1) the person selling or providing the mercury commodity
provides a material safety data sheet with the mercury
commodity; and
(2) the person selling or providing the mercury commodity
requires the purchaser or recipient to sign a statement with respect
to the mercury in the mercury commodity that the purchaser or
recipient:
(A) will use the mercury only:
(i) for medical purposes;
(ii) in dental amalgam dispose-caps;
(iii) for training;
(iv) for research; or
(v) for manufacturing purposes;
(B) understands that mercury is toxic;
(C) will store and use the mercury appropriately so that no
individual is exposed to the mercury under normal conditions
of use; and
(D) will not intentionally:
(i) place or cause to be placed; or
(ii) allow anyone under the control of the purchaser or
recipient to place or cause to be placed;
the mercury commodity in solid waste for disposal, or in a
wastewater sewage disposal system, or in a wastewater
treatment plant.
SOURCE: IC 13-20-21-3; (11)SB0433.2.31. -->
SECTION 31. IC 13-20-21-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3.
(a) Except as
provided in subsections (b) and (c), for solid waste permits, the
application fees are as follows:
New Permit or Major Modification
Fee
Sanitary Landfill $31,300
Construction\Demolition Site $20,000
Restricted Waste Site
Type I $31,300
Type II $31,300
Type III $20,000
Processing Facility
Transfer Station $12,150
Other $12,150
Incinerator $28,650
Waste Tire Storage
Registration $ 500
Waste Tire Processing $ 200
Waste Tire
Transportation $ 25
Permit Renewal
Sanitary Landfill $ 15,350
Construction\
Demolition Site $ 7,150
Restricted Waste Site
Type I $ 15,350
Type II $ 15,350
Type III $ 7,150
Processing Facility
Transfer Station $ 2,200
Other $ 2,200
Incinerator $ 5,900
Waste Tire Processing $ 200
Minor Modification
Minor Modification $2,500
(b) The fee for:
(1) a new permit; or
(2) a permit for a major modification;
for a solid waste landfill not covered by subsection (a) is thirty-one
thousand three hundred dollars ($31,300).
(c) The fee for a permit renewal for a solid waste landfill not
covered by subsection (a) is fifteen thousand three hundred fifty
dollars ($15,350).
SOURCE: IC 13-20-21-4; (11)SB0433.2.32. -->
SECTION 32. IC 13-20-21-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. For solid waste, the
annual operation fees are as follows:
Fee
Sanitary Solid Waste Landfill
Not Otherwise Covered in This Section
> 500 TPD $35,000
250-499 TPD $15,000
100-249 TPD $ 7,000
<100 TPD $ 2,000
Construction\
Demolition Site $ 1,500
Restricted Waste Site
Type I $35,000
Type II $25,000
Type III $10,000
Processing Facility
Transfer Station $ 2,000
Other $ 2,000
Incinerator
>500 TPD $35,000
250-499 TPD $15,000
100-249 TPD $ 7,000
<100 TPD $ 2,000
Infectious Waste
Incinerator (>7 TPD) $ 5,000
Waste Tire Storage
Registration $ 500
Waste Tire Transportation
Registration $ 25
Groundwater
Compliance
Sampling
(per well) $ 250
SOURCE: IC 13-20-21-9; (11)SB0433.2.33. -->
SECTION 33. IC 13-20-21-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 9. Solid waste disposal
fees must be paid by all solid waste disposal facilities, including
sanitary landfills, solid waste landfills, incinerators, and
construction\demolition disposal facilities. Solid waste disposal fees:
(1) for the period of January 1 through June 30 of each year are due
on August 1 of that year; and
(2) for the period of July 1 through December 31 of each year are
due on February 1 of the following year.
SOURCE: IC 13-20.5-7-10; (11)SB0433.2.34. -->
SECTION 34. IC 13-20.5-7-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. Solid waste management
districts shall conduct educational programs under IC 13-21-3-12
to provide information to the public concerning:
(1) reuse and recycling of electronic waste;
(2) collection programs available to the public for the disposal
of electronic waste; and
(3) proper disposal of electronic waste.
SOURCE: IC 13-21-3-12; (11)SB0433.2.35. -->
SECTION 35. IC 13-21-3-12, AS AMENDED BY P.L.114-2008,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. Except as provided in section 14.5 of this
chapter, the powers of a district include the following:
(1) The power to develop and implement a district solid waste
management plan under IC 13-21-5.
(2) The power to impose district fees on the final disposal of solid
waste within the district under IC 13-21-13.
(3) The power to receive and disburse money, if the primary
purpose of activities undertaken under this subdivision is to carry
out the provisions of this article.
(4) The power to sue and be sued.
(5) The power to plan, design, construct, finance, manage, own,
lease, operate, and maintain facilities for solid waste management.
(6) The power to enter with any person into a contract or an
agreement that is necessary or incidental to the management of
solid waste. Contracts or agreements that may be entered into
under this subdivision include those for the following:
(A) The design, construction, operation, financing, ownership,
or maintenance of facilities by the district or any other person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or products
generated by a facility.
Notwithstanding any other statute, the maximum term of a contract
or an agreement described in this subdivision may not exceed forty
(40) years.
(7) The power to enter into agreements for the leasing of facilities
in accordance with IC 36-1-10 or IC 36-9-30.
(8) The power to purchase, lease, or otherwise acquire real or
personal property for the management or disposal of solid waste.
(9) The power to sell or lease any facility or part of a facility to any
person.
(10) The power to make and contract for plans, surveys, studies,
and investigations necessary for the management or disposal of
solid waste.
(11) The power to enter upon property to make surveys, soundings,
borings, and examinations.
(12) The power to:
(A) accept gifts, grants, loans of money, other property, or
services from any source, public or private; and
(B) comply with the terms of the gift, grant, or loan.
(13) The power to levy a tax within the district to pay costs of
operation in connection with solid waste management, subject to
the following:
(A) Regular budget and tax levy procedures.
(B) Section 16 of this chapter.
However, except as provided in sections 15 and 15.5 of this
chapter, a property tax rate imposed under this article may not
exceed eight and thirty-three hundredths cents ($0.0833) on each
one hundred dollars ($100) of assessed valuation of property in the
district.
(14) The power to borrow in anticipation of taxes.
(15) The power to hire the personnel necessary for the
management or disposal of solid waste in accordance with an
approved budget and to contract for professional services.
(16) The power to otherwise do all things necessary for the:
(A) reduction, management, and disposal of solid waste; and
(B) recovery of waste products from the solid waste stream;
if the primary purpose of activities undertaken under this
subdivision is to carry out the provisions of this article.
(17) The power to adopt resolutions that have the force of law.
However, a resolution is not effective in a municipality unless the
municipality adopts the language of the resolution by ordinance or
resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and conditionally
exempt small quantity generator (as described in 40 CFR
261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and
disposal project grant under IC 13-20-20 and carry out all
commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for a
household hazardous waste and conditionally exempt small
quantity generator (as described in 40 CFR 261.5(a)) collection
and disposal project, so that at the end of the district's fiscal year
the unused and unencumbered balance of appropriated money
reverts to the district's general fund only if the district's board
specifically provides by resolution to discontinue the
self-insurance fund.
(D) Apply for a household hazardous waste project grant as
described in IC 13-20-22-2 and carry out all commitments
contained in a grant application.
(19) The power to enter into an interlocal cooperation agreement
under IC 36-1-7 to obtain:
(A) fiscal;
(B) administrative;
(C) managerial; or
(D) operational;
services from a county or municipality.
(20) The power to compensate advisory committee members for
attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee
members for travel and related expenses at a rate determined by
the board.
(22) The power to pay a fee from district money to:
(A) in a joint district, the county or counties in which a final
disposal facility is located; or
(B) a county that:
(i) was part of a joint district;
(ii) has withdrawn from the joint district as of January 1, 2008;
and
(iii) has established its own district in which a final disposal
facility is located.
(23) The power to make grants or loans of:
(A) money;
(B) property; or
(C) services;
to public or private recycling programs, composting programs, or
any other programs that reuse any component of the waste stream
as a material component of another product, if the primary purpose
of activities undertaken under this subdivision is to carry out the
provisions of this article.
(24) The power to establish by resolution a nonreverting capital
fund. A district's board may appropriate money in the fund for:
(A) equipping;
(B) expanding;
(C) modifying; or
(D) remodeling;
an existing facility. Expenditures from a capital fund established
under this subdivision must further the goals and objectives
contained in a district's solid waste management plan. Not more
than five percent (5%) of the district's total annual budget for the
year may be transferred to the capital fund that year. The balance
in the capital fund may not exceed twenty-five percent (25%) of
the district's total annual budget. If a district's board determines by
resolution that a part of a capital fund will not be needed to further
the goals and objectives contained in the district's solid waste
management plan, that part of the capital fund may be transferred
to the district's general fund, to be used to offset tipping fees,
property tax revenues, or both tipping fees and property tax
revenues.
(25) The power to conduct promotional or educational programs
that include giving awards and incentives that further the district's
solid waste management plan.
(26) The power to conduct educational programs under
IC 13-20-17.5 to provide information to the public concerning:
(A) the reuse and recycling of mercury in:
(i) mercury commodities; and
(ii) mercury-added products; and
(B) collection programs available to the public for:
(i) mercury commodities; and
(ii) mercury-added products.
(27) The power to implement mercury collection programs under
IC 13-20-17.5 for the public and small businesses.
(28) The power to conduct educational programs under
IC 13-20.5 to provide information to the public concerning:
(A) reuse and recycling of electronic waste;
(B) collection programs available to the public for the
disposal of electronic waste; and
(C) proper disposal of electronic waste.
SOURCE: IC 13-23-8-3; (11)SB0433.2.36. -->
SECTION 36. IC 13-23-8-3, AS AMENDED BY P.L.221-2007,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. For the purposes of section 2 of this chapter, the
following amounts shall be used:
(1) If the underground petroleum storage tank that is involved in
the occurrence for which claims are made:
(A) is not in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage tanks
before the date the tank is required to be in compliance with the
requirements; and
(B) is in compliance on a date required under the requirements
described under section 4 of this chapter at the time a release
was discovered;
the amount is thirty-five thousand dollars ($35,000).
(2) If the underground petroleum storage tank that is involved in
the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board concerning
technical and safety requirements relating to the physical
characteristics of underground petroleum storage tanks before
the date the tank is required to be in compliance with the
requirements;
(B) is not a double walled underground petroleum storage tank;
and
(C) has piping that does not have secondary containment;
the amount is
twenty-five thirty thousand dollars
($25,000).
($30,000).
(3) If the underground petroleum storage tank that is involved in
the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board concerning
technical and safety requirements relating to the physical
characteristics of underground petroleum storage tanks before
the date the tank is required to be in compliance with the
requirements;
(B) is not a double walled underground petroleum storage tank;
and
(C) has piping that has secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(4) If the underground petroleum storage tank that is involved in
the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board concerning
technical and safety requirements relating to the physical
characteristics of underground petroleum storage tanks before
the date the tank is required to be in compliance with the
requirements;
(B) is a double walled underground petroleum storage tank; and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(5) If the underground petroleum storage tank that was involved in
the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board concerning
technical and safety requirements relating to the physical
characteristics of underground petroleum storage tanks before
the date the tank is required to be in compliance with the
requirements;
(B) is a double walled underground petroleum storage tank; and
(C) has piping that has secondary containment;
the amount is twenty thousand dollars ($20,000).
SOURCE: IC 13-23-13-14; (11)SB0433.2.37. -->
SECTION 37. IC 13-23-13-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14. For purposes
of IC 13-11-2-148(e),
and IC 13-11-2-150(b),
and IC 13-11-2-150(c),
a person that is a lender and that holds evidence of ownership primarily
to protect a security interest in an underground storage tank shall be
considered to participate in management (as defined in
IC 13-11-2-151.2) of the underground storage tank only if, while the
borrower is still in possession of the underground storage tank
encumbered by the security interest, the person:
(1) exercises decision making control over the environmental
compliance related to the underground storage tank such that the
person has undertaken responsibility for the hazardous substance
handling or disposal practices related to the underground storage
tank; or
(2) exercises control at a level comparable to that of a manager of
the underground storage tank such that the person has assumed or
manifested responsibility:
(A) for the overall management of the underground storage tank
encompassing day to day decision making with respect to
environmental compliance; or
(B) over all or substantially all of the operational functions (as
distinguished from financial or administrative functions) of the
underground storage tank other than the function of
environmental compliance.
SOURCE: IC 13-25-4-8; (11)SB0433.2.38. -->
SECTION 38. IC 13-25-4-8, AS AMENDED BY P.L.221-2007,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) Except as provided in subsection (b),
(c), or (d), a person that is liable under Section 107(a) of CERCLA (42
U.S.C. 9607(a)) for:
(1) the costs of removal or remedial action incurred by the
commissioner consistent with the national contingency plan;
(2) the costs of any health assessment or health effects study
carried out by or on behalf of the commissioner under Section
104(i) of CERCLA (42 U.S.C. 9604(i)); or
(3) damages for:
(A) injury to;
(B) destruction of; or
(C) loss of;
natural resources of Indiana;
is liable, in the same manner and to the same extent, to the state under
this section.
(b) The exceptions provided by Sections 107(b), 107(q), and 107(r)
of CERCLA 42 U.S.C. 9607(b), 42 U.S.C. 9607(q), and 42 U.S.C.
9607(r)) to liability otherwise imposed by Section 107(a) of CERCLA
(42 U.S.C. 9607(a)) are equally applicable to any liability otherwise
imposed under subsection (a).
(c) Notwithstanding any liability imposed by the environmental
management laws:
(1) a lender
that meets, for purposes of the determination under
this section of liability for a release of hazardous substances,
the exception criteria under Section 101(20)(E) of CERCLA
(42 U.S.C. 9601(20)(E));
(2) a secured or unsecured creditor; or
(3) a fiduciary;
is not liable under the environmental management laws, in connection
with the release or threatened release of a hazardous substance from a
facility unless the lender, the fiduciary, or creditor has participated in
the management of the hazardous substance at the facility.
(d) Notwithstanding any liability imposed by the environmental
management laws, the liability of a fiduciary for a release or threatened
release of a hazardous substance from a facility that is held by the
fiduciary in its fiduciary capacity may be satisfied only from the assets
held by the fiduciary in the same estate or trust as the facility that gives
rise to the liability.
(e) Except as provided in subsection (g), a political subdivision (as
defined in IC 36-1-2-13) or unit of federal or state government is not
liable to the state under this section for costs or damages associated
with the presence of a hazardous substance on, in, or at a property in
which the political subdivision or unit of federal or state government
acquired an interest because of:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24 or
IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(6) receivership;
(7) transfer from another political subdivision or unit of federal or
state government;
(8) acquiring an area needing redevelopment (as defined in
IC 36-7-1-3) or conducting redevelopment activities, specifically
under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1,
IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or unit
of federal or state government involuntarily acquired ownership or
control because of the political subdivision's or unit's function as
sovereign; or
(10) any other means to conduct remedial actions on a brownfield.
(f) If a transfer of an interest in property as described in subsection
(e) occurs, a person who owned, operated, or otherwise controlled the
property immediately before the political subdivision or unit of federal
or state government acquired the interest in the property remains liable
under this section:
(1) in the same manner; and
(2) to the same extent;
as the person was liable immediately before the person's interest in the
property was acquired by the political subdivision or unit of federal or
state government.
(g) Notwithstanding subsection (e), a political subdivision or unit of
federal or state government that causes or contributes to the release or
threatened release of a hazardous substance on, in, or at a property
remains subject to this section:
(1) in the same manner; and
(2) to the same extent;
as a nongovernmental entity under this section.
(h) Except as provided in subsection (i), a nonprofit corporation is
not liable to the state under this section for costs or damages associated
with the presence of a hazardous substance on, in, or at a property in
which the nonprofit corporation acquired an interest to assist and
support a political subdivision's revitalization and reuse of a brownfield
for noncommercial purposes, including conservation, preservation, and
recreation.
(i) Notwithstanding subsection (h), a nonprofit corporation that
causes or contributes to a release or threatened release of a hazardous
substance on, in, or at a property remains subject to this section:
(1) in the same manner; and
(2) to the same extent;
as any other nongovernmental entity under this section.
(j) A political subdivision or unit of federal or state government that
establishes an exemption or defense under subsection (b) or (e) may
undertake any activity related to:
(1) investigation, removal, or remedial action on a brownfield,
including complying with land use restrictions and institutional
controls; or
(2) monitoring or closure of an underground storage tank;
without being considered as contributing to the existing release or
threatened release of hazardous substances on, in, or at the brownfield
unless existing contamination on the brownfield is exacerbated due to
gross negligence or intentional misconduct by the political subdivision
or unit of federal or state government.
(k) For purposes of subsection (j), reckless, willful, or wanton
misconduct constitutes gross negligence.
SOURCE: IC 13-25-5-8.5; (11)SB0433.2.39. -->
SECTION 39. IC 13-25-5-8.5, AS AMENDED BY P.L.78-2009,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8.5. (a) A voluntary remediation work plan
must specify the remediation objectives for the site. Subsections (b)
through (e) apply to a site regardless of whether the site was entered
into the voluntary remediation program before July 1, 2009, or after
June 30, 2009.
(b) The remediation objectives for each hazardous substance and any
petroleum on the site shall be based on:
(1) background levels of hazardous substances and petroleum that
occur naturally on the site; or
(2) an assessment of the risks pursuant to subsection (d) posed by
the hazardous substance or petroleum presently found on the site
taking into consideration the following:
(A) Expected future use of the site.
(B) Measurable risks to human health, natural resources, or the
environment based on the:
(i) activities that take place; and
(ii) environmental impact;
on the site.
(c) If the:
(1) nature and extent of the hazardous substance or petroleum is
adequately characterized under the voluntary remediation work
plan, considering the remediation objectives developed under this
section; and
(2) the level of the hazardous substance or petroleum is
demonstrated to be below:
(A) background levels of the hazardous substances and
petroleum that occur naturally on the site; or
(B) the risk based levels developed under subsection (d);
additional action is not necessary to protect human health or the
environment.
(d) Risk based remediation objectives shall be based on one (1) of the
following:
(1) Levels of hazardous substances and petroleum calculated by
the department using standard equations and default values for
particular hazardous substances or petroleum.
(2) Levels of hazardous substances and petroleum calculated using
site specific data for the default values in the department's standard
equations.
(3) Levels of hazardous substances and petroleum developed based
on site specific risk assessments that take into account site specific
factors, including remedial measures, restrictive covenants, and
environmental restrictive ordinances that:
(A) manage risk; and
(B) control completed or potential exposure pathways.
(e) The department shall consider and give effect to restrictive
covenants and environmental restrictive ordinances in evaluating risk
based remediation proposals.
(f) The department, or a person authorized under subsection (g),
shall give written notice to a municipal corporation that the
department is relying on an environmental restrictive ordinance
adopted by the municipal corporation as part of a risk based
remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
or IC 13-25-5.
(g) The department may delegate authority to give the written
notice referred to in subsection (f) to the person who proposed the
risk based remediation.
SOURCE: IC 32-21-5-7; (11)SB0433.2.40. -->
SECTION 40. IC 32-21-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. The Indiana real
estate commission established by IC 25-34.1-2-1 shall adopt a specific
disclosure form that contains the following:
(1) Disclosure by the owner of the known condition of the
following:
(A) The foundation.
(B) The mechanical systems.
(C) The roof.
(D) The structure.
(E) The water and sewer systems.
(F) Additions that may require improvements to the sewage
disposal system.
(G) Other areas that the Indiana real estate commission
determines are appropriate.
(2) Disclosure by the owner of known contamination caused by
the manufacture of a controlled substance on the property that
has not been certified as decontaminated by an inspector
approved under IC 13-14-1-15.
(2) (3) A notice to the prospective buyer that contains substantially
the following language:
"The prospective buyer and the owner may wish to obtain
professional advice or inspections of the property and provide for
appropriate provisions in a contract between them concerning any
advice, inspections, defects, or warranties obtained on the
property.".
(3) (4) A notice to the prospective buyer that contains substantially
the following language:
"The representations in this form are the representations of the
owner and are not the representations of the agent, if any. This
information is for disclosure only and is not intended to be a part
of any contract between the buyer and owner.".
(4) (5) A disclosure by the owner that an airport is located within
a geographical distance from the property as determined by the
Indiana real estate commission. The commission may consider the
differences between an airport serving commercial airlines and an
airport that does not serve commercial airlines in determining the
distance to be disclosed.
SOURCE: IC 36-1-2-4.7; (11)SB0433.2.41. -->
SECTION 41. IC 36-1-2-4.7, AS ADDED BY P.L.78-2009,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4.7. "Environmental restrictive ordinance"
means, with respect to land, any ordinance that:
(1) is adopted by a municipal corporation; and
(2) limits, regulates, or prohibits one (1) or more of the following
with respect to seeks to control the use of groundwater
(A) Withdrawal.
(B) Human consumption.
(C) Any other use.
in a manner and to a degree that protects human health and
the environment against unacceptable exposure to a release of
hazardous substances or petroleum, or both.
SOURCE: IC 36-1-6-11; (11)SB0433.2.42. -->
SECTION 42. IC 36-1-6-11, AS ADDED BY P.L.78-2009,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) Subject to subsection (e), the
legislative body of a municipal corporation shall:
(1) subject to subsection (b), give written notice to the department
of environmental management not later than sixty (60) days before
amendment or repeal of an environmental restrictive ordinance;
and
(2) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(b) Upon written request by the legislative body, the department of
environmental management may waive the notice requirement of
subsection (a)(1).
(c) An environmental restrictive ordinance passed or amended after
2009 by the legislative body must state the notice requirements of
subsection (a).
(d) The failure of an environmental restrictive ordinance to comply
with subsection (c) does not void the ordinance.
(e) The notice requirements of subsection (a) apply only if the
municipal corporation received under IC 13-25-5-8.5(f) written
notice that the department is relying on the environmental
restrictive ordinance referred to in subsection (a) as part of a risk
based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
or IC 13-25-5.
SOURCE: IC 36-2-4-8; (11)SB0433.2.43. -->
SECTION 43. IC 36-2-4-8, AS AMENDED BY P.L.78-2009,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) An ordinance, order, or resolution is
considered adopted when it is signed by the presiding officer. If
required, an adopted ordinance, order, or resolution must be
promulgated or published according to statute before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published once each week for two (2)
consecutive weeks, according to IC 5-3-1. However, if such an
ordinance is adopted by the legislative body of a county subject to
IC 36-2-3.5 and there is an urgent necessity requiring its immediate
effectiveness, it need not be published if:
(1) the county executive proclaims the urgent necessity; and
(2) copies of the ordinance are posted in three (3) public places in
each of the districts of the county before it takes effect.
(c) The following apply in addition to the other requirements of this
section:
(1) An ordinance or resolution passed by the legislative body of a
county subject to IC 36-2-3.5 is considered adopted only if it is:
(A) approved by signature of a majority of the county executive;
(B) neither approved nor vetoed by a majority of the executive,
within ten (10) days after passage by the legislative body; or
(C) passed over the veto of the executive by a two-thirds (2/3)
vote of the legislative body, within sixty (60) days after
presentation of the ordinance or resolution to the executive.
(2) Subject to subsection (g), the legislative body of a county
shall:
(A) subject to subdivision (3), give written notice to the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(B) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(3) Upon written request by the legislative body, the department of
environmental management may waive the notice requirement of
subdivision (2)(A).
(4) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice
requirements of subdivision (2).
(5) The failure of an environmental restrictive ordinance to comply
with subdivision (4) does not void the ordinance.
(d) After an ordinance or resolution passed by the legislative body of
a county subject to IC 36-2-3.5 has been signed by the presiding
officer, the county auditor shall present it to the county executive, and
record the time of the presentation. Within ten (10) days after an
ordinance or resolution is presented to it, the executive shall:
(1) approve the ordinance or resolution, by signature of a majority
of the executive, and send the legislative body a message
announcing its approval; or
(2) veto the ordinance or resolution, by returning it to the
legislative body with a message announcing its veto and stating its
reasons for the veto.
(e) This section (other than subsection (c)(2)) does not apply to a
zoning ordinance or amendment to a zoning ordinance, or a resolution
approving a comprehensive plan, that is adopted under IC 36-7.
(f) An ordinance increasing a building permit fee on new
development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is adopted
by the legislative body in accordance with IC 5-3-1; and
(2) delay the implementation of the fee increase for ninety (90)
days after the date the ordinance is published under subdivision
(1).
(g) The notice requirements of subsection (c)(2) apply only if the
municipal corporation received under IC 13-25-5-8.5(f) written
notice that the department is relying on the environmental
restrictive ordinance referred to in subsection (c)(2) as part of a
risk based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
or IC 13-25-5.
SOURCE: IC 36-3-4-14; (11)SB0433.2.44. -->
SECTION 44. IC 36-3-4-14, AS AMENDED BY P.L.78-2009,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) An ordinance or resolution passed by
a legislative body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) if subject to veto, either approved by the executive or passed
over the executive's veto by the legislative body, under section 16
of this chapter.
(b) All ordinances and resolutions of a legislative body are subject to
veto, except the following:
(1) An ordinance or resolution, or part of either, providing for the
budget or appropriating money for an office or officer of the county
provided for by the Constitution of Indiana or for a judicial office
or officer.
(2) An ordinance or resolution approving or modifying the budget
of a political subdivision that the legislative body is permitted by
statute to review.
(3) A resolution making an appointment that the legislative body
is authorized to make.
(4) A resolution selecting officers or employees of the legislative
body.
(5) A resolution prescribing rules for the internal management of
the legislative body.
(6) A zoning ordinance or amendment to a zoning ordinance, or a
resolution approving a comprehensive plan, that is adopted under
IC 36-7.
(c) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published in the manner prescribed by
IC 5-3-1, unless:
(1) it is published under subsection (d); or
(2) there is an urgent necessity requiring its immediate
effectiveness, the executive proclaims the urgent necessity, and
copies of the ordinance are posted in three (3) public places in the
county.
(d) If a legislative body publishes any of its ordinances in book or
pamphlet form, no other publication is required. If an ordinance
prescribing a penalty or forfeiture for a violation is published under this
subsection, it takes effect two (2) weeks after the publication of the
book or pamphlet. Publication under this subsection, if authorized by
the legislative body, constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly signed, attested,
recorded, and approved.
(e) Unless a legislative body provides in an ordinance or resolution
for a later effective date, the ordinance or resolution takes effect when
it is adopted, subject to subsections (c) and (d).
(f) Subsections (a), (c), (d), and (e) do not apply to zoning ordinances
or amendments to zoning ordinances, or resolutions approving
comprehensive plans, that are adopted under IC 36-7.
(g)
Subject to subsection (k), the legislative body shall:
(1) subject to subsection (h), give written notice to the department
of environmental management not later than sixty (60) days before
amendment or repeal of an environmental restrictive ordinance;
and
(2) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(h) Upon written request by the legislative body, the department of
environmental management may waive the notice requirement of
subsection (g)(1).
(i) An environmental restrictive ordinance passed or amended after
2009 by the legislative body must state the notice requirements of
subsection (g).
(j) The failure of an environmental restrictive ordinance to comply
with subsection (i) does not void the ordinance.
(k) The notice requirements of subsection (g) apply only if the
municipal corporation received under IC 13-25-5-8.5(f) written
notice that the department is relying on the environmental
restrictive ordinance referred to in subsection (g) as part of a risk
based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
or IC 13-25-5.
SOURCE: IC 36-4-6-14; (11)SB0433.2.45. -->
SECTION 45. IC 36-4-6-14, AS AMENDED BY P.L.78-2009,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) An ordinance, order, or resolution
passed by the legislative body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) either approved by the city executive or passed over the
executive's veto by the legislative body, under section 16 of this
chapter.
If required by statute, an adopted ordinance, order, or resolution must
be promulgated or published before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published in the manner prescribed by
IC 5-3-1, unless:
(1) it is published under subsection (c); or
(2) there is an urgent necessity requiring its immediate
effectiveness, the city executive proclaims the urgent necessity,
and copies of the ordinance are posted in three (3) public places in
each of the districts from which members are elected to the
legislative body.
(c) Except as provided in subsection (e), if a city publishes any of its
ordinances in book or pamphlet form, no other publication is required.
If an ordinance prescribing a penalty or forfeiture for a violation is
published under this subsection, it takes effect two (2) weeks after the
publication of the book or pamphlet. Publication under this subsection,
if authorized by the legislative body, constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly signed, attested,
recorded, and approved.
(d) This section (other than subsection (f)) does not apply to a
zoning ordinance or amendment to a zoning ordinance, or a resolution
approving a comprehensive plan, that is adopted under IC 36-7.
(e) An ordinance increasing a building permit fee on new
development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is adopted
by the legislative body in accordance with IC 5-3-1; and
(2) delay the implementation of the fee increase for ninety (90)
days after the date the ordinance is published under subdivision
(1).
(f) Subject to subsection (j), the legislative body shall:
(1) subject to subsection (g), give written notice to the department
of environmental management not later than sixty (60) days before
amendment or repeal of an environmental restrictive ordinance;
and
(2) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(g) Upon written request by the legislative body, the department of
environmental management may waive the notice requirement of
subsection (f)(1).
(h) An environmental restrictive ordinance passed or amended after
2009 by the legislative body must state the notice requirements of
subsection (f).
(i) The failure of an environmental restrictive ordinance to comply
with subsection (h) does not void the ordinance.
(j) The notice requirements of subsection (f) apply only if the
municipal corporation received under IC 13-25-5-8.5(f) written
notice that the department is relying on the environmental
restrictive ordinance referred to in subsection (f) as part of a risk
based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
or IC 13-25-5.
SOURCE: IC 36-5-2-10; (11)SB0433.2.46. -->
SECTION 46. IC 36-5-2-10, AS AMENDED BY P.L.78-2009,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) An ordinance, order, or resolution
passed by the legislative body is considered adopted when it is signed
by the executive. If required by statute, an adopted ordinance, order, or
resolution must be promulgated or published before it takes effect.
(b) An ordinance prescribing a penalty for a violation must, before
it takes effect, be published in the manner prescribed by IC 5-3-1,
unless:
(1) it is published under IC 36-1-5; or
(2) it declares an emergency requiring its immediate effectiveness
and is posted in:
(A) one (1) public place in each district in the town; or
(B) a number of public places in the town equal to the number of
town legislative body members, if the town has abolished
legislative body districts under section 4.1 of this chapter.
(c) This section (other than subsection (e)) does not apply to a
zoning ordinance or amendment to a zoning ordinance, or a resolution
approving a comprehensive plan, that is adopted under IC 36-7.
(d) An ordinance increasing a building permit fee on new
development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is adopted
by the legislative body in accordance with IC 5-3-1; and
(2) delay the implementation of the fee increase for ninety (90)
days after the date the ordinance is published under subdivision
(1).
(e) Subject to subsection (i), the legislative body shall:
(1) subject to subsection (f), give written notice to the department
of environmental management not later than sixty (60) days before
amendment or repeal of an environmental restrictive ordinance;
and
(2) give written notice to the department of environmental
management not later than thirty (30) days after passage,
amendment, or repeal of an environmental restrictive ordinance.
(f) Upon written request by the legislative body, the department of
environmental management may waive the notice requirement of
subsection (e)(1).
(g) An environmental restrictive ordinance passed or amended after
2009 by the legislative body must state the notice requirements of
subsection (e).
(h) The failure of an environmental restrictive ordinance to comply
with subsection (g) does not void the ordinance.
(i) The notice requirements of subsection (e) apply only if the
municipal corporation received under IC 13-25-5-8.5(f) written
notice that the department is relying on the environmental
restrictive ordinance referred to in subsection (e) as part of a risk
based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4,
or IC 13-25-5.
SOURCE: IC 36-7-13.5-3; (11)SB0433.2.47. -->
SECTION 47. IC 36-7-13.5-3, AS AMENDED BY P.L.33-2008,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. The commission consists of the following
members:
(1) The following members appointed by the governor:
(A) The mayor of East Chicago.
(B) The mayor of Gary.
(C) The mayor of Hammond.
(D) The mayor of Michigan City.
(E) The mayor of Portage.
(F) The mayor of Whiting.
(G) Two (2) representatives, each from a steel company that
owns land abutting Lake Michigan with a continuous shoreline
of not less than one (1) mile.
(H) One (1) representative of a company that:
(i) is not a steel company; and
(ii) owns land abutting Lake Michigan with a continuous
shoreline of not less than three-tenths (0.3) mile.
(I) One (1) representative of the department of environmental
management.
(J) One (1) representative of the department of natural resources.
(K) One (1) representative of the Indiana department of
transportation.
(L) One (1) representative of Beverly Shores.
(M) One (1) representative of Burns Harbor.
(N) One (1) representative of Dune Acres.
(O) One (1) representative of Ogden Dunes.
(P) One (1) representative of the northwest Indiana advisory
board established under IC 13-13-6.
(Q) (P) One (1) representative of a public utility that owns real
property that:
(i) is located in the counties contiguous to Lake Michigan; and
(ii) has a total assessed value that exceeds the total assessed
value of real property in the counties contiguous to Lake
Michigan that is owned by any other public utility.
(R) (Q) The port director of the Port of Indiana-Burns Harbor.
(2) One (1) member, preferably from a visitor and tourism
business, appointed by the lieutenant governor.
(3) Two (2) members appointed by the speaker of the house of
representatives who:
(A) are members of the house of representatives;
(B) represent house districts that have territory within the
corridor; and
(C) are not affiliated with the same political party.
If all the house districts that have territory within the corridor are
represented by members of the house of representatives who are
from the same political party, the speaker shall appoint a member
of the house of representatives who represents a house district that
is located anywhere in a county that has territory within the
corridor to satisfy the requirement under clause (C).
(4) Two (2) members appointed by the president pro tempore of
the senate who:
(A) are members of the senate;
(B) represent senate districts that have territory within the
corridor; and
(C) are not affiliated with the same political party.
If all the senate districts that have territory within the corridor are
represented by members of the senate who are from the same
political party, the president pro tempore shall appoint a member
of the senate who represents a senate district that is located
anywhere in a county that has territory within the corridor to satisfy
the requirement under clause (C).
SOURCE: IC 13-11-2-256; IC 13-11-2-257; IC 13-13-6; IC 13-17-3-
4.5.
; (11)SB0433.2.48. -->
SECTION 48. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 13-11-2-256; IC 13-11-2-257; IC 13-13-6;
IC 13-17-3-4.5.
SOURCE: ; (11)SB0433.2.49. -->
SECTION 49.
An emergency is declared for this act.