February 28, 2003
HOUSE BILL No. 1671
_____
DIGEST OF HB 1671
(Updated February 26, 2003 1:49 PM - DI 69)
Citations Affected: IC 13-11; IC 13-14; IC 13-15; IC 13-18; IC 13-20;
IC 13-22; IC 13-23.
Synopsis: Environmental fees and rulemaking. Increases certain fees
collected by the department of environmental management. Provides
that certain fee increases do not apply to state and local units of
government. Prohibits the air pollution control board, water pollution
control board, and solid waste management board from adopting rules
and standards that are more stringent than corresponding federal
provisions established under federal law unless authorized to do so by
the general assembly. Prohibits an applicant from receiving a refund of
a permit application fee if the permit application concerned the renewal
of a permit.
Effective: July 1, 2003; January 1, 2004; January 1, 2005.
Bottorff
, Heim
, Stutzman
, Cherry
,
Wolkins
January 21, 2003, read first time and referred to Committee on Environmental Affairs.
February 27, 2003, amended, reported _ Do Pass.
February 28, 2003
First Regular Session 113th General Assembly (2003)
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 2002 Regular or Special Session of the General Assembly.
HOUSE BILL No. 1671
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:
SOURCE: IC 13-11-2-1.5; (03)HB1671.1.1. -->
SECTION 1. IC 13-11-2-1.5, AS AMENDED BY P.L.1-2001,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2004]: Sec. 1.5. "Acute hazardous waste", for purposes
of section 117.5 of this chapter and IC 13-22-4-3.1, has the meaning
set forth in 40 CFR Part 261.
SOURCE: IC 13-11-2-89; (03)HB1671.1.2. -->
SECTION 2. IC 13-11-2-89 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 89.
(a)
"Generator", for purposes of IC 13-22-12, means a person that, during
the preceding year, generated hazardous waste in quantities greater
than:
(1) one thousand (1,000) kilograms of hazardous waste; or
(2) one (1) kilogram of acutely toxic waste in any month.
(b) "Generator", for purposes of IC 13-29-1, means a person who
produces or possesses low-level radioactive waste in the course of or
incident to manufacturing, power generation, processing, medical
diagnosis and treatment, research, or other industrial or commercial
activity and who, to the extent required by law, is licensed by the
United States Nuclear Regulatory Commission or a party state to
produce or possess such waste. The term does not include a person who
provides a service by arranging for the collection, transportation,
treatment, storage, or disposal of wastes generated outside the region.
SOURCE: IC 13-11-2-117.5; (03)HB1671.1.3. -->
SECTION 3. IC 13-11-2-117.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2004]: Sec. 117.5. "Large quantity
generator", for purposes of IC 13-22-4-3.1 and IC 13-22-12-3,
means a person, by site, that:
(1) generates:
(A) one thousand (1,000) kilograms or more of hazardous
waste;
(B) more than one (1) kilogram of acute hazardous waste;
or
(C) more than one hundred (100) kilograms of spill
cleanup material contaminated with acute hazardous
waste;
in any one (1) or more calendar months of a calendar year; or
(2) accumulates:
(A) more than one (1) kilogram of acute hazardous waste;
or
(B) more than one hundred (100) kilograms of spill cleanup
material contaminated with acute hazardous waste;
at any time during the year.
SOURCE: IC 13-11-2-204.5; (03)HB1671.1.4. -->
SECTION 4. IC 13-11-2-204.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2004]: Sec. 204.5. "Small quantity
generator", for purposes of IC 13-22-4-3.1 and IC 13-22-12-3,
means a person, by site, that:
(1) generates more than one hundred (100) kilograms but less
than one thousand (1,000) kilograms of hazardous waste in
any one (1) or more calendar months of a calendar year; or
(2) accumulates more than one thousand (1,000) kilograms of
hazardous waste at any time during the year.
SOURCE: IC 13-14-8-3; (03)HB1671.1.5. -->
SECTION 5. IC 13-14-8-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) A rule or
standard adopted by a board may:
(1) make different provisions as required by varying
circumstances and conditions for different contaminant sources
and for different geographical areas;
(2) be made applicable to sources outside Indiana that:
(A) are causing;
(B) are contributing to; or
(C) could cause or contribute to;
environmental pollution in Indiana; and
(3) make provision for abatement standards and procedures:
(A) concerning occurrences, emergencies, or pollution; or
(B) on other short term conditions constituting an acute danger
to health or to the environment.
(b) Subject to subsections (c) and (d), a rule or standard adopted
by a board may not be more stringent than a corresponding federal
provision established under federal law.
(c) A rule or standard adopted by a board may be more
stringent than a corresponding federal provision established under
federal law if:
(1) a designee of the board presents evidence to the
environmental quality service council that indicates why the
rule or standard should be more stringent than the
corresponding federal provision;
(2) the environmental quality service council makes a
recommendation to the general assembly that the rule or
standard should be more stringent than the corresponding
federal provision; and
(3) the general assembly enacts a statute that authorizes the
board to adopt a rule or standard that is more stringent than
the corresponding federal provision established under federal
law.
(d) If the environmental quality service council reviews a rule
or standard adopted by a board that is more stringent than a
corresponding federal provision established under federal law and
the environmental quality service council believes the rule or
standard should not be more stringent, the environmental quality
service council shall make a recommendation to the general
assembly that the general assembly should enact a statute to:
(1) void the rule or standard; and
(2) require the board to adopt a rule or standard that is not
more stringent than the corresponding federal provision
established under federal law.
SOURCE: IC 13-15-4-11; (03)HB1671.1.6. -->
SECTION 6. IC 13-15-4-11, AS AMENDED BY P.L.184-2002,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 11. (a) If an applicant is operating pursuant to a
continuation of an existing permit pending determination of an
application for a new or renewed permit under IC 13-15-3-6, the
applicant may proceed under this section after notifying the
commissioner in writing of its intent to do so.
(b) If the commissioner does not issue or deny a permit within the
time specified under sections 1 through 6 of this chapter, the applicant
may proceed under this section. Except as provided in section 12.1 of
this chapter, after reaching an agreement with the commissioner or
after consulting with the commissioner for thirty (30) days and failing
to reach an agreement, the applicant may choose to proceed under one
(1) of the following alternatives:
(1) The:
(A) applicant may request and receive a refund of a permit
application fee paid by the applicant; and
(B) commissioner shall do the following:
(i) Continue to review the application.
(ii) Approve or deny the application as soon as practicable.
(iii) Refund the applicant's application fee not later than
twenty-five (25) working days after the receipt of the
applicant's request.
(2) The:
(A) applicant may:
(i) request and receive a refund of a permit application fee
paid by the applicant; and
(ii) submit to the department a draft permit and any required
supporting technical justification for the permit; and
(B) commissioner shall do the following:
(i) Review the draft permit.
(ii) Approve, with or without revision, or deny the draft
permit in accordance with section 16 of this chapter.
(iii) Refund the applicant's application fee not later than
twenty-five (25) working days after the receipt of the
applicant's request.
(3) The:
(A) applicant may hire an outside consultant to prepare a draft
permit and any required supporting technical justification for
the permit; and
(B) commissioner shall:
(i) review the draft permit; and
(ii) approve, with or without revision, or deny the draft
permit in accordance with section 16 of this chapter.
SOURCE: IC 13-15-4-12.1; (03)HB1671.1.7. -->
SECTION 7. IC 13-15-4-12.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]:
Sec. 12.1. An applicant may not
receive a refund of a permit application fee if the permit
application concerned the renewal of a permit.
SOURCE: IC 13-15-11-1; (03)HB1671.1.8. -->
SECTION 8. IC 13-15-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2004]: Sec. 1. The
environmental management permit operation fund is established for the
purpose of providing money for permitting and directly associated
activities of the following programs of the department:
(1) National Pollutant Discharge Elimination System program
including storm water permits.
(2) Solid waste and program.
(3) Hazardous waste programs of the department and the boards.
program.
(4) Safe drinking water program.
SOURCE: IC 13-18-20-2; (03)HB1671.1.9. -->
SECTION 9. IC 13-18-20-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 2. For industrial
permits, other than coal mine permits or stone quarry permits, the
annual base fee per facility is:
(1) ($1,000) ($1,100) for a
major permit; and
(2) four hundred forty dollars ($400) ($440) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD
Fee
.001 -
.05 $240 $264
.051 -
.1 $360 $396
.101 -
.2 $840 $924
.201 -
.3 $1,200 $1,320
.301 -
.5 $1,680 $1,848
.501 -
1.0 $2,060 $2,266
1.001 -
2.0 $3,600 $3,960
2.001 -
5.0 $5,400 $5,940
5.001 -
10.0 $8,400 $9,240
10.001 -
15.0 $12,000 $13,200
15.001 -
30.0 $16,800 $18,480
30.001 -
50.0 $22,800 $25,080
50.001 -
100.0 $28,800 $31,680
> 100.0 $34,800 $38,280
Annual flow fees are reduced by twenty percent (20%) for discharges
that are comprised of greater than ninety percent (90%) of non-contact
cooling water.
SOURCE: IC 13-18-20-3; (03)HB1671.1.10. -->
SECTION 10. IC 13-18-20-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 3. Each facility
for which a coal mine operator files a notice of intent under the general
coal mine permit rules adopted under IC 13-18-18 shall pay an annual
fee of five hundred fifty dollars ($500) ($550) instead of the following
individual permit fees. The annual fee must accompany the initial
notice of intent and is due each year on the anniversary date of the date
when the initial notice of intent was filed.
Outfalls Fee
1 Outfall $500 $550
2-3 Outfalls $750 $825
4-6 Outfalls $1,000 $1,100
7-10 Outfalls $1,500 $1,650
11-20 Outfalls $2,500 $2,750
21-99 Outfalls $3,500 $3,850
SOURCE: IC 13-18-20-4; (03)HB1671.1.11. -->
SECTION 11. IC 13-18-20-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 4. For stone
quarry permits, the annual fee is as follows:
Outfalls Fee
1 Outfall $750 $825
2 Outfalls $1,500 $1,650
3 Outfalls $2,000 $2,200
4 Outfalls $2,500 $2,750
SOURCE: IC 13-18-20-8; (03)HB1671.1.12. -->
SECTION 12. IC 13-18-20-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 8. For semipublic
permits, the annual base fee per facility is:
(1) seven eight hundred fifty twenty-five dollars ($750) ($825) for
a major permit; and
(2) two hundred twenty dollars ($200) ($220) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Design
Flow in MGD
Fee
.001 -
.05 $150 $165
.051 -
.1 $300 $330
.101 -
.2 $1,000 $1,100
.201 -
.3 $2,000 $2,200
.301 -
.5 $2,500 $2,750
.501 -
1.0 $3,000 $3,300
1.001 -
2.0 $3,500 $3,850
2.001 -
5.0 $4,000 $4,400
5.001 -
10.0 $5,000 $5,500
10.001 -
15.0 $6,500 $7,150
15.001 -
30.0 $7,500 $8,250
30.001 -
50.0 $10,000 $11,000
50.001 -
100.0 $11,000 $12,100
SOURCE: IC 13-18-20-9; (03)HB1671.1.13. -->
SECTION 13. IC 13-18-20-9, AS AMENDED BY P.L.184-2002,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2005]: Sec. 9. (a) Except as provided in subsection (b),
for public water system permits, the annual base fee per facility is:
(1) one thousand one hundred dollars ($1,000) ($1,100) for a
major permit; and
(2) four hundred forty dollars ($400) ($440) for a minor permit;
plus the following annual discharge flow fee per facility based on
projected daily average flow in MGD as set forth in a facility NPDES
permit:
Projected Daily Average
Flow in MGD
Fee
.001 -
.05
$240 $264
.051 -
.1
$360 $396
.101 -
.2
$840 $928
.201 -
.3
$1,200 $1,320
.301 -
.5
$1,680 $1,848
.501 -
1.0
$2,060 $2,266
1.001 -
2.0
$3,600 $3,960
2.001 -
5.0
$5,400 $5,940
5.001 -
10.0
$8,400 $9,240
10.001 -
15.0
$12,000 $13,200
15.001 -
30.0
$16,800 $18,480
30.001 -
50.0
$22,800 $25,080
50.001 -
100.0
$28,800 $31,680
> 100.0
$34,800 $38,280
(b) A state or local unit of government required to pay a fee
described in subsection (a) may only be charged a fee equal to
ninety-one percent (91%) of the amount of the fee described in
subsection (a).
SOURCE: IC 13-18-20-10; (03)HB1671.1.14. -->
SECTION 14. IC 13-18-20-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2004]: Sec. 10. (a) For storm
water permits for construction activity, a fee of one hundred dollars
($100) shall be submitted with a notice of intent (NOI).
(b) For storm water permits for industrial activity, the annual fee is
one hundred dollars ($100).
(a) The following storm water permit fees shall be submitted with
a notice of intent:
General storm water permits
for construction activity $200
General storm water permits
for industrial activity $300
(b) For storm water permits, the annual fees are as follows:
General storm water permits
for construction activity $200
General storm water permits
for industrial activity $300
SOURCE: IC 13-18-20-10.5; (03)HB1671.1.15. -->
SOURCE: IC 13-18-20-10.5. -->
SECTION 15. IC 13-18-20-10.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2005]: Sec. 10.5. For NPDES general
permits not otherwise listed in this chapter, the annual fee is five
hundred dollars ($500) unless a lower fee is established in rules
adopted by the water pollution control board.
SOURCE: IC 13-20-21-3; (03)HB1671.1.16. -->
SECTION 16. IC 13-20-21-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 3. (a) Except as
provided in subsection (b), for solid waste permits, the application
fees are as follows:
New Permit or Major Modification
Fee
Sanitary Landfill $31,300 $34,430
Construction\
Demolition Site $20,000 $22,000
Restricted Waste Site
Type I $31,300 $34,430
Type II $31,300 $34,430
Type III $20,000 $22,000
Processing Facility
Transfer Station $12,150 $13,365
Other $12,150 $13,365
Incinerator $28,650 $31,515
Waste Tire Storage
Registration $ 500 $550
Waste Tire Processing $ 200 $220
Waste Tire
Transportation $ 25 $28
Permit Renewal
Sanitary Landfill $ 15,350 $16,885
Construction\
Demolition Site $ 7,150 $7,865
Restricted Waste Site
Type I $ 15,350 $16,885
Type II $ 15,350 $16,885
Type III $ 7,150 $7,865
Processing Facility
Transfer Station $ 2,200 $2,420
Other $ 2,200 $2,420
Incinerator $ 5,900 $6,490
Waste Tire Processing $ 200 $220
Minor Modification
Minor Modification $ 2,500 $2,750
(b) A state or local unit of government required to pay a fee
described in subsection (a) may only be charged a fee equal to
ninety-one percent (91%) of the amount of the fee described in
subsection (a).
SOURCE: IC 13-20-21-4; (03)HB1671.1.17. -->
SECTION 17. IC 13-20-21-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 4. (a) Except as
provided in subsection (b), for solid waste, the annual operation fees
are as follows:
Fee
Sanitary Landfill
> 500 TPD $35,000 $38,500
250-499 TPD $15,000 $16,500
100-249 TPD $ 7,000 $7,700
<100 TPD $ 2,000 $2,200
Construction\
Demolition Site $ 1,500 $1,650
Restricted Waste Site
Type I $35,000 $38,500
Type II $25,000 $27,500
Type III $10,000 $11,000
Processing Facility
Transfer Station $ 2,000 $2,200
Other $ 2,000 $2,200
Incinerator
>500 TPD $35,000 $38,500
250-499 TPD $15,000 $16,500
100-249 TPD $ 7,000 $7,700
<100 TPD $ 2,000 $2,200
Infectious Waste
Incinerator (>7 TPD) $ 5,000 $5,500
Waste Tire Storage
Registration $ 500 $550
Waste Tire Transportation
Registration $ 25 $28
Groundwater Compliance
Sampling (per well) $ 250 $275
(b) A state or local unit of government required to pay a fee
described in subsection (a) may only be charged a fee equal to
ninety-one percent (91%) of the amount of the fee described in
subsection (a).
SOURCE: IC 13-20-21-6; (03)HB1671.1.18. -->
SECTION 18. IC 13-20-21-6, AS AMENDED BY P.L.218-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2005]: Sec. 6. (a) For solid waste, the disposal fees are
as follows:
Fee
Solid waste disposed into a
municipal solid waste landfill per ton $ 0
.10 $0.20
Solid waste disposed into a
nonmunicipal solid waste landfill per ton $ 0
.10 $0.20
Solid waste disposed
into an incinerator per ton $ 0
.05 $0.10
Solid waste disposed into a
construction\demolition waste site per ton $ 0
.10 $0.20
(b) There is no solid waste disposal fee for solid waste disposed into
a solid waste landfill permitted to accept restricted waste solely
generated by the person to which the permit is issued.
SOURCE: IC 13-22-2-4; (03)HB1671.1.19. -->
SECTION 19. IC 13-22-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) The board shall
adopt rules under IC 4-22-2 and IC 13-14-8 on the proper and safe
transportation, treatment, storage, and disposal of hazardous wastes.
Whenever possible, the rules adopted under this section must allow for
variation in Indiana with regard to population density, climate, and
geology.
(b) Subject to subsections (c) and (d), rules adopted under this
section concerning incinerators used as hazardous waste facilities may
not establish requirements that are more stringent than the
requirements for hazardous waste incinerators established by
regulations adopted by the Administrator of the United States
Environmental Protection Agency under the following statutes:
(1) The federal Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.).
(2) The federal Clean Air Act (42 U.S.C. 7401 et seq.), as
amended by the federal Clean Air Act Amendments of 1990
(P.L.101-549).
(c) A rule adopted under this section concerning incinerators
used as hazardous waste facilities may establish requirements that
are more stringent than a corresponding federal provision
established under federal law if:
(1) a designee of the board presents evidence to the
environmental quality service council that indicates why the
rule should be more stringent than the corresponding federal
provision;
(2) the environmental quality service council makes a
recommendation to the general assembly that the rule should
be more stringent than the corresponding federal provision;
and
(3) the general assembly enacts a statute that authorizes the
board to adopt a rule that is more stringent than the
corresponding federal provision established under federal
law.
(d) If the environmental quality service council reviews a rule
adopted under this section that is more stringent than a
corresponding federal provision established under federal law and
the environmental quality service council believes the rule should
not be more stringent, the environmental quality service council
shall make a recommendation to the general assembly that the
general assembly should enact a statute to:
(1) void the rule; and
(2) require the board to adopt a rule that is not more stringent
than the corresponding federal provision established under
federal law.
SOURCE: IC 13-22-4-3.1; (03)HB1671.1.20. -->
SECTION 20. IC 13-22-4-3.1, AS AMENDED BY P.L.1-2001,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2004]: Sec. 3.1. (a) As used in this section, "acute
hazardous waste" has the meaning set forth in IC 13-11-2-1.5.
(b) A
person that:
(1) in any one (1) or more calendar months of a calendar year
generates:
(A) more than one hundred (100) kilograms but less than one
thousand (1,000) kilograms of hazardous waste;
(B) less than one (1) kilogram of acute hazardous waste; or
(C) less than one hundred (100) kilograms of material from the
cleanup spillage of acute hazardous waste; or
(2) accumulates at least one thousand (1,000) kilograms of
hazardous waste or less than one (1) kilogram of acute
hazardous waste;
small quantity generator shall, before March 1 of each year, submit
to the department on forms provided by the department a report,
containing no more than a compilation of information from the
Uniform Hazardous Waste Manifest form described in section 1(a) of
this chapter, that summarizes the person's hazardous waste shipments
during the previous calendar year.
(c) A: person that:
(1) in any one (1) more calendar
months of a calendar year generates:
(A) more than one thousand (1,000) kilograms of hazardous
waste;
(B) at least one (1) kilogram of acute hazardous waste; or
(C) at least one hundred (100) kilograms of material from the
cleanup spillage of acute hazardous waste;
(2) accumulates at least six thousand (6,000) kilograms of
hazardous waste or at least one (1) kilogram of acute hazardous
waste; or
(3) (2) person that is a treatment, storage, or disposal facility;
shall, before March 1 of each year, submit to the department either the
biennial report required by the United States Environmental Protection
Agency concerning the person's waste activities during the previous
calendar year, or an annual report on forms provided by the
department, containing no more than a compilation of information from
the Uniform Hazardous Waste Manifest form described in section 1(a)
of this chapter, that summarizes the person's hazardous waste
shipments during the previous calendar year.
SOURCE: IC 13-22-12-2; (03)HB1671.1.21. -->
SECTION 21. IC 13-22-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 2. For hazardous
waste, the application fees are as follows:
New Permit Application
Fee
Land Disposal $40,600 $44,660
Incinerator (per unit) $21,700 $23,870
Storage $23,800 $26,180
Treatment $23,800 $26,180
Permit Renewal or
Class 3 Modification
Land Disposal $34,000 $37,400
Incinerator $21,700 $23,870
Storage $17,200 $18,920
Treatment $17,200 $18,920
Class 2 Modification
Class 2 Modification $ 2,250 $2,475
SOURCE: IC 13-22-12-3; (03)HB1671.1.22. -->
SECTION 22. IC 13-22-12-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2005]: Sec. 3. For hazardous
waste, the annual operation fees are as follows:
Fee
Land Disposal $37,500 $41,250
Incinerator (per unit) $10,000 $11,000
Storage $ 2,500 $2,750
Treatment $10,000 $11,000
Large Quantity Generator $ 1,565 $1,722
Small Quantity Generator $300
Postclosure Activity $ 1,500 $1,650
Groundwater Compliance
Sampling at active
facilities (per well) $ 1,000 $1,100
SOURCE: IC 13-23-1-2; (03)HB1671.1.23. -->
SECTION 23. IC 13-23-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) The board shall
adopt rules under IC 4-22-2 and IC 13-14-8 for the establishment and
operation of the program established under section 1 of this chapter.
(b)
Subject to subsections (d) and (e), the rules
must may not be
more or less stringent than the regulations adopted by the
Administrator of the United States Environmental Protection Agency
under Section 9003 of the federal Solid Waste Disposal Act, as
amended (42 U.S.C. 6991b, as amended).
(c) The rules adopted under subsection (a) must include the
following:
(1) Requirements for maintaining:
(A) a leak detection system;
(B) an inventory control system coupled with tank testing; or
(C) a comparable system or method;
designed to identify releases in a manner consistent with the
protection of human health and the environment.
(2) Requirements for maintaining records of any:
(A) monitoring;
(B) leak detection system;
(C) inventory control system or tank testing; or
(D) comparable system.
(3) Requirements for reporting of:
(A) any releases; and
(B) corrective action taken in response to a release.
(4) Requirements for ordering or taking corrective action in
response to a release.
(5) Requirements for closure of underground storage tanks to
prevent future releases of regulated substances into the
environment.
(6) Requirements for maintaining evidence of financial
responsibility for:
(A) taking corrective action; and
(B) compensating third parties for bodily injury and property
damage caused by sudden and nonsudden accidental releases
arising from the operation of an underground storage tank.
(7) Standards of performance for new underground storage tanks.
(8) Requirements for the following:
(A) Providing notice to the department of the existence of
operational and nonoperational underground storage tanks, as
required under 42 U.S.C. 6991a(a).
(B) Providing the information required on the form prescribed
under 42 U.S.C. 6991a(b)(2).
(C) Providing notice, by any person who sells a tank intended
to be used as an underground storage tank, to the purchaser of
that tank of the owner's notification requirements established
by this article and 42 U.S.C. 6991a(a).
(d) A rule adopted under this section may be more stringent
than a corresponding federal provision established under federal
law if:
(1) a designee of the board presents evidence to the
environmental quality service council that indicates why the
rule should be more stringent than the corresponding federal
provision;
(2) the environmental quality service council makes a
recommendation to the general assembly that the rule should
be more stringent than the corresponding federal provision;
and
(3) the general assembly enacts a statute that authorizes the
board to adopt a rule that is more stringent than the
corresponding federal provision established under federal
law.
(e) If the environmental quality service council reviews a rule
adopted under this section that is more stringent than a
corresponding federal provision established under federal law and
the environmental quality service council believes the rule should
not be more stringent, the environmental quality service council
shall make a recommendation to the general assembly that the
general assembly should enact a statute to:
(1) void the rule; and
(2) require the board to adopt a rule that is not more stringent
than the corresponding federal provision established under
federal law.
SOURCE: IC 13-22-12-10; (03)HB1671.1.24. -->
SECTION 24. IC 13-22-12-10 IS REPEALED [EFFECTIVE
JANUARY 1, 2005].