Wilcox Reflection on 2021 Indiana Environmental Legislative Activity, Author Jeremy Kinman, LPG, PG

#teamwilcox regularly monitors Indiana legislative activities to ensure that we stay on top of any legal developments that may affect our client’s businesses. Here are some highlights from the 2021 Indiana legislative session. 

House Bill 1129 – Authored by Rep. Ryan Dvorak 

PFAS in public water systems. Requires the Indiana State Department of Health (“ISDH”) to establish state maximum contaminant levels for PFAS in water provided by public water systems. Provides that maximum contaminant levels established by the ISDH:  

1. Be protective of public health, including the health of vulnerable subpopulations; and  
2. May not be less stringent than any maximum contaminant level (“MCL”) or health advisory promulgated by the EPA. 

House Bill 1151 – Authored by Rep. Pat Boy 

Notice of environmental contamination. Requires a person who causes a spill of certain substances into waters of the state to report the spill immediately to the following:  

1. The Indiana Department of Environmental Management (“IDEM”). 
2. The county health officer of each county that may be affected by the spill. 
3. A water user within five miles upstream and 25 miles downstream of where the spill occurred. 
4. At least one emergency response agency. 
5. Each park located in the county in which the spill occurred.  

Requires the department, the county health officer, the water user, the emergency response agency, and each park to: 

1. Post the information received about the spill on each entity’s web site; and, 
2. In a manner determined by each entity, make the information received about the spill available to the public. 

Provides that a county health officer who receives a report of a spill must notify: 

1. Each park located within five miles upstream and 25 miles downstream of where the spill occurred; and  
2. News media in each county that may be affected by the spill.  

Provides that a person who fails to make the required report is liable for a civil penalty determined by the board. Provides that a person who knowingly or intentionally fails to make the report required by this act commits a Class A misdemeanor. Specifies that a person commits a Level 6 felony if the person has a prior unrelated conviction for a violation of the reporting requirements. Provides that money collected for a civil violation of the reporting requirements shall be deposited into the environmental management special fund. 

Senate Bill 389 – Authored by Sen. Chris Garten, Sen. Mark Messmer, Sen. Linda Rogers. Co-Authored by Sen. Scott Baldwin, Sen. Andy Zay, Sen. Jack Sandlin, Sen. Blake Doriot, Sen. Mike Gaskill, Sen. Rick Niemeyer. 

Repeals state regulated wetlands law. Repeals the law requiring a permit from the department of environmental management for wetland activity in a state regulated wetland. Makes corresponding changes to eliminate references to that law. States that the repeal of that law is not intended to affect: 

1. The regulation in Indiana under the federal Clean Water Act of the discharge of dredged or fill material into waters of the United States; or  
2. The authorization of the state of Indiana to administer the National Pollutant Discharge Elimination System (“NPDES”) permit program. 

House Bill 1014 – Authored by Rep. Carolyn Jackson 

Hazardous materials facilities near waterways. Requires IDEM to make quarterly inspections of a facility if:  

1. One or more hazardous materials are present in the facility in more than a minimal quantity on at least 30 days per year; and  
2. Because of the physical proximity of the facility to a surface body of water, there is a substantial risk that a hazardous material accidentally released from the facility will enter the surface body of water.  

Provides that an inspection of a facility must determine whether the hazardous materials present in the facility are being stored and handled safely and whether reasonable steps are being taken to prevent releases of hazardous materials from the facility. Authorizes IDEM to delegate its investigation responsibility to an agency or department of a city, town, or county under certain circumstances. Requires the environmental rules board to adopt:  

1. Rules concerning the identification of facilities to which the inspection requirement applies; and  
2. Rules establishing requirements for the safe handling and storage of hazardous materials in facilities, the prevention of releases of hazardous materials from facilities into surface bodies of water, and the performance of quarterly inspections of facilities. 

His diversified professional experience includes mentorship of staff, geologic and hydrogeologic data collection, data analysis and interpretation, conceptual site model analysis, human risk assessment, vapor intrusion investigation and remediation, client relations management, health and safety management, environmental compliance, regulatory negotiations, and overseeing quality assurance processes. He also assists with training staff, making sure current industry practices are applied, providing technical oversight on compliance and management concerns, and engaging and assisting government officials with regulation, policy, and rule interpretation. He has worked in both supporting and management roles on numerous investigation and remediation projects regulated by state and federal programs primarily involving chlorinated solvent and petroleum hydrocarbon impacts. He was also the lead field geologist for the Indiana Mine Subsidence Program supervising over 20 subsidence investigations. His unique background as a field geologist for many years before transitioning into a technical role brings an exclusive perspective to solving investigation and remediation challenges. He currently serves as President on the Board of Directors for the Professional Geologists of Indiana (PGI) and as a Community Environmental Liaison for the City of Martinsville, Indiana.