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Senate Bill 0043

Senate Bill 0043

ARCHIVE (2008)

Latest Information

DIGEST OF SB 43 (Updated March 14, 2008 3:49 pm - DI 52)

Environmental matters. Requires, with respect to environmental rules subject to automatic expiration, the department of environmental management (IDEM) or the appropriate rulemaking board to publish a notice identifying which of the rules will be readopted. Requires IDEM or the board, on request of a person, to consider readoption of an environmental rule that IDEM or the board proposes to allow to expire. Establishes procedures to prevent a county department of storm water management and a municipal works board from imposing fees in the same area for storm water management. Provides that a solid waste management district has the power to pay a fee to a county that: (1) was part of a joint district; (2) has withdrawn from the joint district as of January 1, 2008; and (3) has established its own district in which a final disposal facility is located. Provides that a person must be qualified as a mediator under Indiana Supreme Court Rules to serve as a mediator in an administrative proceeding unless the parties and the administrative law judge agree to a mediator who is not qualified as such. Eliminates the requirement for IDEM to include a laboratory division. For a landfill that is not exempt from demonstration of need requirements in a county that does not zone, provides: (1) that an applicant that has an application pending on April 1, 2008, for an original permit for construction or operation and that meets certain other conditions must submit a new permit application and meet the requirements of all applicable environmental laws existing at the time the new permit is sought, that the applicant is not required to pay a new application fee, and that the county executive must approve the proposed facility location; and (2) that the county executive must approve the proposed facility location for an application for an original construction permit submitted to the department after March 31, 2008. Provides in a county that zones that a person holding a permit for construction of a landfill that has not accepted waste and for which zoning was approved before April 1, 1985, may begin or complete construction only if the zoning authority reviews and approves the appropriateness and legality of the zoning under current law. Eliminates the requirement for certain water and wastewater operators to display certificates. Provides that a wastewater management vehicle must have an identification number issued by IDEM instead of a license. Provides that IDEM may issue a wastewater management permit that incorporates issuance of a wastewater management vehicle identification number and approval of a land application site. Eliminates the requirement for an applicant for certain waste permits to include the applicant's Social Security number in the application disclosure statement. Allows IDEM to require additional information in the application. With respect to the mercury switch removal program: (1) states the purposes of the program; (2) requires IDEM to pay recyclers for removed anti-lock braking system G-force sensors and other components containing more than 10 milligrams of mercury; and (3) provides that the mercury switch removal requirement does not apply if the removal would require dismantling of the vehicle. Allows IDEM to use money in the underground petroleum storage tank excess liability trust fund for the inspection of underground storage tanks, and limits the combined amount of payments from the fund in a year for tank inspection and administration of claims against the fund to 10% of the fund income in the immediately preceding year. Establishes standards for electronic submission of information to IDEM. Repeals certain environmental crimes statutes, and substitutes a statute that: (1) designates environmental violations as crimes; (2) establishes more severe penalties if the violation results in substantial harm to the environment or loss of human life; (3) establishes factors to be considered in sentencing; and (4) establishes maximum and minimum fines. Reduces from a Class D felony to a Class B misdemeanor the penalty for offenses concerning: (1) destruction, alteration, concealment, or false certification of a record; (2) rendering inaccurate or inoperative a recording device or a monitoring device; and (3) falsifying testing or monitoring data. Provides that criminal penalties apply regardless of whether a person uses electronic submissions or paper documents to accomplish the criminal actions. Extends the environmental crimes task force for one year.
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