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  • *HB1494.2*

    Reprinted February 23, 2017

    HOUSE BILL No. 1494 _____

    DIGEST OF HB 1494 (Updated February 22, 2017 12:52 pm - DI 55)

    Citations Affected: IC 13-11; IC 13-18; IC 13-23.

    Synopsis: Regulation of confined feeding operations. Amends the law on confined feeding operations (CFOs, which include any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses). Repeals the statute requiring a person to obtain the "prior approval" of the department of environmental management (IDEM) before constructing or operating a CFO. Provides instead that a person must obtain a permit from IDEM before constructing or operating a CFO. Requires a permit amendment before: (1) construction of a replacement manure storage facility that would not increase the CFO's manure storage capacity; (2) a change that would increase a CFO's manure volume by 10% or more or decrease the size of a CFO's manure storage facility by 10% or more; or (3) a change to a CFO that would increase manure storage capacity by less than 10%. Requires a new permit for: (1) the construction of a new manure storage facility that would increase manure storage capacity beyond the capacity approved in the CFO's most recently issued permit; or (2) a change to a CFO's manure storage facility that would increase storage capacity by 10% or more. Requires the submission of a facility change notification to IDEM under certain circumstances and requires the construction of additional manure storage capacity under certain circumstances. Makes changes concerning disclosure statements and notice of applications.

    Effective: July 1, 2017.


    January 18, 2017, read first time and referred to Committee on Environmental Affairs. February 16, 2017, amended, reported — Do Pass. February 22, 2017, read second time, amended, ordered engrossed.

    HB 1494—LS 7155/DI 55

  • Reprinted February 23, 2017

    First Regular Session of the 120th General Assembly (2017)

    PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2016 Regular Session of the General Assembly.

    HOUSE BILL No. 1494

    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

    Be it enacted by the General Assembly of the State of Indiana:

    1 SECTION 1. IC 13-11-2-126.7 IS ADDED TO THE INDIANA 2 CODE AS A NEW SECTION TO READ AS FOLLOWS 3 [EFFECTIVE JULY 1, 2017]: Sec. 126.7. (a) "Manure storage 4 facility", for purposes of IC 13-18-10, means any: 5 (1) pad; 6 (2) pit; 7 (3) pond; 8 (4) lagoon; 9 (5) tank;

    10 (6) building; or 11 (7) manure containment area; 12 that is used to store or treat manure. 13 (b) The term includes: 14 (1) a biomass digester; and 15 (2) any part of a building that is used specifically for the 16 storage or treatment of manure. 17 SECTION 2. IC 13-11-2-148, AS AMENDED BY P.L.6-2012,

    HB 1494—LS 7155/DI 55

  • 2

    1 SECTION 100, IS AMENDED TO READ AS FOLLOWS 2 [EFFECTIVE JULY 1, 2017]: Sec. 148. (a) "Operator", for purposes of 3 section 191 of this chapter and IC 13-18-10, means the person in 4 direct or responsible charge or control of compliance with permit 5 requirements for one (1) or more confined feeding operations. The 6 term may include a permit holder. 7 (b) "Operator", for purposes of IC 13-18-11 and environmental 8 management laws, means the person in direct or responsible charge and 9 supervising the operation of:

    10 (1) a water treatment plant; 11 (2) a wastewater treatment plant; or 12 (3) a water distribution system. 13 (c) "Operator", for purposes of IC 13-20-6, means a corporation, a 14 limited liability company, a partnership, a business association, a unit, 15 or an individual who is a sole proprietor that is one (1) of the following: 16 (1) A broker. 17 (2) A person who manages the activities of a transfer station that 18 receives municipal waste. 19 (3) A transporter. 20 (d) "Operator", for purposes of IC 13-23, except as provided in 21 subsections (e), (g), and (h), means a person: 22 (1) in control of; or 23 (2) having responsibility for; 24 the daily operation of an underground storage tank. 25 (e) "Operator", for purposes of IC 13-23-13, does not include the 26 following: 27 (1) A person who: 28 (A) does not participate in the management of an underground 29 storage tank; 30 (B) is otherwise not engaged in the: 31 (i) production; 32 (ii) refining; and 33 (iii) marketing; 34 of regulated substances; and 35 (C) holds evidence of ownership, primarily to protect the 36 owner's security interest in the tank. 37 (2) A person that is a lender that did not participate in 38 management of an underground storage tank before foreclosure, 39 notwithstanding that the person: 40 (A) forecloses on the vessel or facility; and 41 (B) after foreclosure, sells, re-leases (in the case of a lease 42 finance transaction), or liquidates the underground storage

    HB 1494—LS 7155/DI 55

  • 3

    1 tank, maintains business activities, winds up operations, 2 undertakes a response action under Section 107(d)(1) of 3 CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of an 4 on-scene coordinator appointed under the National 5 Contingency Plan with respect to the underground storage 6 tank, or takes any other measure to preserve, protect, or 7 prepare the underground storage tank prior to sale or 8 disposition; 9 if the person seeks to sell, re-lease (in the case of a lease finance

    10 transaction), or otherwise divest the person of the underground 11 storage tank at the earliest practicable, commercially reasonable 12 time, on commercially reasonable terms, taking into account 13 market conditions and legal and regulatory requirements. 14 (3) A person who: 15 (A) does not own or lease, directly or indirectly, the facility or 16 business at which the underground storage tank is located; 17 (B) does not participate in the management of the facility or 18 business described in clause (A); and 19 (C) is engaged only in: 20 (i) filling; 21 (ii) gauging; or 22 (iii) filling and gauging; 23 the product level in the course of delivering fuel to an 24 underground storage tank. 25 (4) A political subdivision (as defined in IC 36-1-2-13) or unit of 26 federal or state government that: 27 (A) acquires ownership or control of an underground storage 28 tank on a brownfield because of: 29 (i) bankruptcy; 30 (ii) foreclosure; 31 (iii) tax delinquency, including an acquisition under 32 IC 6-1.1-24 or IC 6-1.1-25; 33 (iv) abandonment; 34 (v) the exercise of eminent domain, including any purchase 35 of property once an offer to purchase has been tendered 36 under IC 32-24-1-5; 37 (vi) receivership; 38 (vii) transfer from another political subdivision or unit of 39 federal or state government; 40 (viii) acquiring an area needing redevelopment (as defined 41 in IC 36-7-1-3) or conducting redevelopment activities, 42 specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,

    HB 1494—LS 7155/DI 55

  • 4

    1 IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and 2 IC 36-7-15.1-15.5; 3 (ix) other circumstances in which the political subdivision 4 or unit of federal or state government involuntarily acquired 5 an interest in the property because of the political 6 subdivision's or unit's function as sovereign; or 7 (x) any other means to conduct remedial actions on a 8 brownfield; and 9 (B) is engaged only in activities in conjunction with:

    10 (i) investigation or remediation of hazardous substances, 11 petroleum, and other pollutants associated with a 12 brownfield, including complying with land use restrictions 13 and institutional controls; or 14 (ii) monitoring or closure of an underground storage tank; 15 unless existing contamination on the brownfield is exacerbated 16 due to gross negligence or intentional misconduct by the 17 political subdivision or unit of federal or state government. 18 (f) For purposes of subsection (e)(4)(B), reckless, willful, or wanton 19 misconduct constitutes gross negligence. 20 (g) "Operator" does not include a person that after June 30, 2009, 21 meets, for purposes of the determination under IC 13-23-13 of liability 22 for a release from an underground storage tank, the exemption criteria 23 under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for 24 purposes of the determination of liability for a release of a hazardous 25 substance. 26 (h) "Operator" does not include a person that meets, for purposes of 27 the determination under IC 13-23-13 of liability for a release from an 28 underground storage tank, the exemption criteria under Section 107(r) 29 of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the 30 determination of liability for a release of a hazardous substance, except 31 that the person acquires ownership of the facility after June 30, 2009. 32 SECTION 3. IC 13-11-2-150, AS AMENDED BY P.L.159-2011, 33 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2017]: Sec. 150. (a) "Owner", for purposes of section 191 35 of this chapter and IC 13-18-10 (except for IC 13-18-10-1.1(c)(2) 36 and IC 13-18-10-2(b)(2)), means the person that owns the waste 37 manage