HB 1151

Bill Subjects

Civil Actions, Penalties Environment Generally Water, Pollution

Abstract

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 department of environmental management (department). (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 (entity) to: (1) post the information received about the spill on each entity's Internet 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. Adds definitions of "water user", "objectionable substance", "park", and "spill". Makes conforming changes.