Introduced Version
SENATE BILL No. 91
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-18-10.7.
Synopsis: Annual inspection of CFOs. Requires the owner or operator
of a confined feeding operation (CFO, which is defined as an animal
feeding operation having at least 300 cattle, 600 swine or sheep, 30,000
fowl, or 500 horses) to annually submit to the department of
environmental management (department) a report concerning the
operation of the CFO and any satellite manure storage structure
associated with the CFO. Requires the department, after receiving a
report concerning a CFO, to conduct an onsite inspection of the CFO
to verify the information contained in the report. Requires the
environmental rules board to adopt rules that: (1) adopt a form to be
used by owners or operators of CFOs in submitting annual reports; (2)
specify the information concerning a CFO that must be contained in an
annual report; and (3) provide for the performance by the department
of annual inspections of CFOs.
Effective: July 1, 2023.
Niemeyer
January 9, 2023, read first time and referred to Committee on Agriculture.
2023 IN 91—LS 6262/DI 55 Introduced
First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
SENATE BILL No. 91
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 13-18-10.7 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]:
4 Chapter 10.7. Confined Feeding Operations; Annual Report and
5 Inspection
6 Sec. 1. (a) After December 31, 2023, the owner or operator of a
7 confined feeding operation shall annually submit to the department
8 a report concerning the operation of the confined feeding operation
9 and any satellite manure storage structure associated with the
10 confined feeding operation.
11 (b) A report submitted under this section:
12 (1) must be prepared on a form adopted by the board; and
13 (2) must contain the information specified by the board;
14 under section 4 of this chapter.
15 (c) The owner or operator of a confined feeding operation shall
16 submit a report under this section each year no later than the date
17 specified by the department under section 2 of this chapter.
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1 Sec. 2. The department shall annually:
2 (1) specify; and
3 (2) provide at least thirty (30) days advance notice to the
4 owner or operator of a confined feeding operation of;
5 the date by which a report required by section 1 of this chapter
6 concerning the confined feeding operation must be submitted to the
7 department.
8 Sec. 3. (a) After receiving a report required by section 1 of this
9 chapter concerning a confined feeding operation, the department
10 shall conduct an onsite inspection of the confined feeding operation
11 and any satellite manure storage structure associated with the
12 confined feeding operation to verify the information contained in
13 the report.
14 (b) The department shall notify the owner or operator of a
15 confined feeding operation of the date on which the department
16 intends to conduct an onsite inspection under this section. The
17 department shall provide notification under this subsection at least
18 thirty (30) days before the intended date of the inspection.
19 (c) Upon arriving at a confined feeding operation to conduct an
20 onsite inspection, the officer, employee, or authorized
21 representative of the department shall, if possible, present the
22 credentials of the officer, employee, or authorized representative
23 for inspection by the owner or operator of the confined feeding
24 operation or an employee or agent of the owner or operator.
25 (d) An onsite inspection of a confined feeding operation must be
26 conducted in compliance with any biosecurity procedures
27 developed by the department in consultation with:
28 (1) the state board of animal health; or
29 (2) the owner or operator of the confined feeding operation.
30 (e) The officer, employee, or authorized representative of the
31 department conducting an onsite inspection under this section:
32 (1) may enter:
33 (A) the premises of the confined feeding operation;
34 (B) the premises of any satellite manure storage structure
35 associated with the confined feeding operation; and
36 (C) any other location where:
37 (i) records concerning the confined feeding operation
38 must be kept under the terms and conditions of the
39 approval obtained for the confined feeding operation
40 under IC 13-18-10; or
41 (ii) records concerning the satellite manure storage
42 structure must be kept under the terms and conditions of
2023 IN 91—LS 6262/DI 55 3
1 the approval obtained for the satellite manure storage
2 structure under IC 13-18-10.5;
3 (2) may have access to and inspect any records referred to in
4 subdivision (1)(C); and
5 (3) may inspect:
6 (A) any facilities or equipment;
7 (B) any waste management system or other system; and
8 (C) any practices;
9 used in operating the confined feeding operation.
10 Sec. 4. (a) Before January 1, 2024, the board shall adopt rules
11 under IC 4-22-2 and IC 13-14-9 to implement this chapter.
12 (b) The rules adopted under this section must do the following:
13 (1) Adopt a form to be used in submitting reports under
14 section 1 of this chapter.
15 (2) Specify the information concerning a confined feeding
16 operation that must be contained in a report submitted under
17 section 1 of this chapter, including:
18 (A) whether the confined feeding operation:
19 (i) was constructed or expanded; and
20 (ii) is being maintained and operated;
21 in compliance with all terms and conditions of the
22 approval obtained by the owner or operator of the
23 confined feeding operation under IC 13-18-10;
24 (B) whether any satellite manure storage structure
25 associated with the confined feeding operation:
26 (i) was constructed or expanded; and
27 (ii) is being maintained and operated;
28 in compliance with all terms and conditions of the
29 approval obtained by the owner or operator of the satellite
30 manure storage structure under IC 13-18-10.5;
31 (C) whether the owner or operator of the confined feeding
32 operation is complying with the manure management plan
33 submitted to the department under 327 IAC 19-7-5; and
34 (D) whether the owner or operator of the confined feeding
35 operation is taking all reasonable steps to prevent,
36 minimize, or correct any adverse effect on the environment
37 resulting from noncompliance with:
38 (i) the approval obtained for the confined feeding
39 operation under IC 13-18-10; or
40 (ii) IC 13-18-10, IC 13-18-10.5, or any water pollution
41 control laws.
42 (3) Provide for the performance by the department of annual
2023 IN 91—LS 6262/DI 55 4
1 inspections of confined feeding operations as provided in
2 section 3 of this chapter.
2023 IN 91—LS 6262/DI 55