Bill Text: IN SB0433 | 2011 | Regular Session | Amended
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-Amended.html
Citations Affected: IC 13-11; IC 13-13; IC 13-14; IC 13-15;
IC 13-18; IC 13-20; 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.
Effective: Upon passage; July 1, 2011.
January 12, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
February 3, 2011, reported favorably _ Do Pass.
Digest Continued
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.
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
A BILL FOR 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.
(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.
(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.
(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.
(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.
(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.
(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 department's annual cost to administer the program exceeds the annual revenue generated by the program to evaluate whether to recommend measures to reduce or eliminate that excess; and
(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 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).
(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;
(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).
(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
(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.
(ii) A solid waste processing facility.
(iii) An incinerator.
(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) 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.
(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.
management permit program for all persons who offer to perform or are
performing wastewater septage management services.
(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.
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.
(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.
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) 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.
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.
(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.".
(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.
(b) Subsection (a) does not apply if the transferred property is listed on the methamphetamine registry web site described in IC 5-2-6-19.
(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.
(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.
(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).
; (11)SB0433.1.47. --> SECTION 47. 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.
