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Senate Bill 0209

Senate Bill 0209

ARCHIVE (2010)

Latest Information

DIGEST OF SB 209 (Updated February 17, 2010 12:49 pm - DI 69)

Environmental issues. Provides that the electronic digital signature act does not apply to the department of environmental management (IDEM). Amends definitions of "owner" and "operator" and defines "foreclosure" to delineate exceptions from potential liability for cleanup that: (1) are consistent with federal law under underground storage tank, petroleum facility, and hazardous substance facility statutes; and (2) apply to lenders that foreclose on sites at which they did not participate in management before foreclosure and that undertake certain enumerated activities after foreclosure. Replaces the undefined term "sanitary landfill" with "solid waste landfill". Establishes deadlines for action by IDEM on various permit applications with respect to certain solid waste processing facilities. Expands the grounds on which the commissioner of IDEM may suspend or revoke a drinking water or wastewater operator certification. For purposes of wastewater management statutes, replaces the term "wastewater" with "septage". Provides that wastewater management statutes apply to land application of septage. Provides that a person who owns agricultural land in St. Joseph County is exempt from the requirement to connect to a regional sewage district's sewer system and to discontinue use of a septic tank soil absorption system if the person, at the person's own expense, obtains and provides to the district a certification from the local health department that the septic tank soil absorption system is functioning satisfactorily. Specifies that: (1) a person who qualifies for the exemption may not be required to connect to the district's sewer system for a period of five years beginning on the district's sewer system's anticipated connection date; and (2) if ownership of the exempt property passes from the owner who qualified for the exemption to another person during the exemption period, the exemption does not apply to the subsequent owner of the property. Provides that an environmental restrictive ordinance (ERO) is an ordinance adopted by a municipal corporation that seeks to control the use of groundwater in a manner and to a degree that protects human health and the environment against unacceptable exposure to a release of hazardous substances, petroleum, or both. Requires IDEM to give written notice to a municipal corporation that the department is relying on an ERO adopted by the municipal corporation as part of a risk based remediation proposal. Requires a municipal corporation to notify IDEM of adoption, repeal, or amendment of an ERO only if the municipal corporation received that written notice. Modifies the deductible for claims against the underground petroleum storage tank excess liability trust fund by certain underground storage tank owners.
    Current Status:
    Out of Committee 2nd House
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