Bill Text: IN SB0433 | 2011 | Regular Session | Enrolled
Bill Title: Environmental issues.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-05-18 - SECTIONS 48 through 49 effective 07/01/2011 [SB0433 Detail]
Download: Indiana-2011-SB0433-Enrolled.html
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
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
AN ACT to amend the Indiana Code concerning environmental law.
(1) the air pollution control board;
(2) the water pollution control board; or
(3) the solid waste management board.
(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.
(1) is adopted by a municipal corporation (as defined in IC 36-1-2-10); and
(2)
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.
(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.
(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.
(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.
(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.
(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)
(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.
(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.
(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.
(1) Portable toilets.
(2) Mobile restrooms.
(3) Similar devices or equipment of a portable nature containing sanitary facilities for temporary or short term use.
(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.
[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.
(1) store;
(2) treat;
(3) make inoffensive; or
(4) dispose of;
human excrement or liquid carrying wastes of a domestic nature.
(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.
(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 an 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;
(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).
(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.
(b) The procedures adopted under subsection (a) may provide for electronic signature standards that are
(1) is in place of a paper document under this chapter; and
(2) fails to comply with the following:
(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.
(1) consistent with the general intent and purposes declared in IC 13-17-1 and section 1 of this chapter; and
(2) necessary to the implementation of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L.101-549).
(b) Notwithstanding IC 13-15-5, the board may adopt rules under IC 4-22-2 and IC 13-14-9 that allow the commissioner's actions on permits and permit modifications to become effective immediately, regardless of whether a thirty (30) day comment period is held on the permits or permit modifications. The board may adopt rules under this subsection only after considering the:
(1) environmental significance of;
(2) federal requirements for federally delegated or approved programs concerning; and
(3) need for opportunity for public participation on;
the permits or permit modifications.
(c) The board may adopt rules to require sources to report hazardous air pollutant emissions if the reporting is necessary to demonstrate compliance with emissions and other performance standards established under 42 U.S.C. 7412 or 42 U.S.C. 7429. The board may amend 326 IAC 2-6 to allow the department to request hazardous air pollutant emissions data from individual sources for the purpose of site specific studies of hazardous air pollutant:
(1) emissions; and
(2) impacts.
(d) The board may amend 326 IAC 2-6 or adopt new rules to establish a general requirement for sources to report hazardous air pollutant emissions (as defined by 42 U.S.C. 7412(b)). However, the
rules amended or adopted by the board under this subsection may not
require sources to report hazardous air pollutant emissions before
January 1, 2004.
(e) For purposes of rules adopted by the board, a reference to
"chemical process plants" does not include an ethanol production
operation that:
(1) produces ethanol by natural fermentation after July 2,
2007; and
(2) is included in the North American Industry Classification
System (NAICS) code:
(A) 325193 (Ethyl Alcohol Manufacturing); or
(B) 312140 (Distilleries);
as described in 72 FR 24059 et seq. (May 1, 2007).
This subsection expires April 1, 2012.
(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 IC 14-8-2-41) 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.
(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.
(b) A person may not engage in:
(1) the cleaning of sewage disposal systems; or
(2) the transportation, treatment, storage, or disposal of
without a
(c) A person may not operate a vehicle for the transportation of
(d) A person may not dispose of
(e) The department may issue a
(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.
(1) Standards for the following:
(A) The issuance of
(2) Issuance of identification numbers for all vehicles used in
(3) Procedures and standards for approval of sites for land application of
(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.
(1)
(2)
(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.
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.
(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,
Fee
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
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
(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).
Fee
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
(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.
(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.
(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.
(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
(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).
(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.
(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.
(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.
(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.
"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.".
"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.".
(1) is adopted by a municipal corporation; and
(2)
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.
(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.
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.
(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.
(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.
(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.
(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.
(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.
(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).
; (11)SE0433.1.49. --> SECTION 49. 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.
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