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Senate Bill 316

Introduced Senate Bill (S)

DIGEST

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). Provides that a person who owns a CFO, owns the livestock in a CFO, applies for a permit, permit renewal, or permit modification for a CFO, or is otherwise in direct or responsible charge of a CFO is a "responsible party" with respect to the CFO. Provides that a person may not start construction or operation of a CFO without obtaining a permit from the department of environmental 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). Provides that a person who owns a CFO, owns the livestock in a CFO, applies for a permit, permit renewal, or permit modification for a CFO, or is otherwise in direct or responsible charge of a CFO is a "responsible party" with respect to the CFO. Provides that a person may not start construction or operation of a CFO without obtaining a permit from the department of environmental management (IDEM) and may not modify a CFO without obtaining a permit modification from IDEM. Requires IDEM to provide public access to a permit application through IDEM's Virtual File Cabinet, to publish a notice requesting public comments on the application, to allow interested persons to submit written comments, and to hold a public hearing on the permit application upon written request. Requires the commissioner of IDEM (commissioner) to deny an application for a permit or permit modification if the proposed activity would substantially endanger public health or the environment. Authorizes the commissioner to revoke a permit to prevent or abate a substantial endangerment to public health or the environment. Requires the environmental rules board to adopt rules establishing new requirements for new CFOs and for existing or expanding CFOs, including the requirement to maintain at least one mile in distance between a CFO's structures and the boundary of any property on which an existing residence is located and the requirement to meet an odor standard. Removes from the Indiana Code a statement that the Indiana Code shall be construed to protect the rights of farmers to choose among all generally accepted farming and livestock production practices. Amends the law stating that an agricultural operation that has been in operation for more than one year does not become a nuisance by a change in conditions if there is no "significant change" in the type of operation by eliminating provisions of the law declaring that certain types of changes are not significant changes. ... View more