This text of Indiana § 13-18-10-1.4 (Disclosure statement for confined feeding operation application) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
4.
(a)Subject to subsection (b), an
application for approval under section 1 of this chapter must include
for each responsible party the disclosure statement referred to in
subsection (c) if either or both of the following apply:
(1)State or federal officials at any time alleged that the
responsible party committed acts or omissions that constituted a
material violation of state or federal environmental law.
(2)Foreign officials at any time alleged that the responsible party
committed acts or omissions that:
(A)constituted a material violation of foreign environmental
law; and
(B)would have constituted a material violation of state or
federal environmental law if the act or omission had occurred
in the United States.
(b)Subsection (a):
(1)applies only if the acts or omissions allege
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4. (a) Subject to subsection (b), an
application for approval under section 1 of this chapter must include
for each responsible party the disclosure statement referred to in
subsection (c) if either or both of the following apply:
(1) State or federal officials at any time alleged that the
responsible party committed acts or omissions that constituted a
material violation of state or federal environmental law.
(2) Foreign officials at any time alleged that the responsible party
committed acts or omissions that:
(A) constituted a material violation of foreign environmental
law; and
(B) would have constituted a material violation of state or
federal environmental law if the act or omission had occurred
in the United States.
(b) Subsection (a):
(1) applies only if the acts or omissions alleged under subsection
(a)(1) or (a)(2) presented a substantial endangerment to human
health or the environment; and
(2) does not apply to a renewal of an approval under section 1 of
this chapter that does not involve construction or expansion as
described in section 1 of this chapter.
(c) A responsible party referred to in subsection (a) must make
reasonable efforts to provide complete and accurate information to the
department in a disclosure statement that includes the following:
(1) The name and business address of the responsible party.
(2) A description of the responsible party's experience in
managing the environmental aspects of the type of facility that
will be managed under the permit.
(3) A description of all pending administrative, civil, or criminal
enforcement actions filed in the United States against the
responsible party alleging any acts or omissions that:
(A) constitute a material violation of state or federal
environmental law; and
(B) present a substantial endangerment to human health or the
environment.
(4) A description of all pending administrative, civil, or criminal
enforcement actions filed in a foreign country against the
responsible party alleging any acts or omissions that:
(A) constitute a material violation of foreign environmental
law;
(B) would have constituted a material violation of state or
federal environmental law if the act or omission on which the
action is based had occurred in the United States; and
(C) present a substantial endangerment to human health or the
environment.
(5) A description of all finally adjudicated or settled
administrative, civil, or criminal enforcement actions in the
United States resolved against the responsible party within the
five (5) years that immediately precede the date of the application
involving acts or omissions that:
(A) constitute a material violation of federal or state
environmental law; and
(B) present a substantial endangerment to human health or the
environment.
(6) A description of all finally adjudicated or settled
administrative, civil, or criminal enforcement actions in a foreign
country resolved against the responsible party within the five (5)
years that immediately precede the date of the application
involving acts or omissions that:
(A) constitute a material violation of foreign environmental
law;
(B) would have constituted a material violation of state or
federal environmental law if the act or omission on which the
action is based had occurred in the United States; and
(C) present a substantial endangerment to human health or the
environment.
(7) Identification of all state, federal, or foreign environmental
permits:
(A) applied for by the responsible party that were denied; or
(B) previously held by the responsible party that were revoked.
(d) A disclosure statement submitted under subsection (c):
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44.1-2-1.
(e) The department may investigate and verify the information set
forth in a disclosure statement submitted under this section.