Ind. Code § 13-21-6-10 — Indiana Code / Title 13 / Article 21 / Chapter 6 / Section 13-21-6-10
Contesting validity of contract awarded; time limitation on bringing action
Status: in_force

Sec. 10. An action to contest:

(1) the validity of a contract awarded; or

(2) the procedure by which the contract was awarded;

must be brought within thirty (30) days following the final contract award. After that date, the contract is incontestable for any cause.

[Pre-1996 Recodification Citation: 13-9.5-8-5.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-22-12-6 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-6
Accrual of annual operation fees
Status: in_force

Sec. 6. Hazardous waste annual operation fees begin accruing January 1 each year. The department shall assess the fees not later than June 15 of that year.

[Pre-1996 Recodification Citation: 13-7-16.1-3(j).]

As added by P.L.1-1996, SEC.12. Amended by P.L.250-2019, SEC.33.
Ind. Code § 13-22-12-1 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-1
Establishment
Status: in_force

Sec. 1. Notwithstanding the fees established under IC 13-16-1, the hazardous waste:

(1) permit application fees;

(2) annual operation fees;

(3) prices for purchasing manifests; and

(4) disposal fees;

provided for in this chapter are established.

[Pre-1996 Recodification Citation: 13-7-16.1-3(h) part.]

As added by P.L.1-1996, SEC.12. Amended by P.L.220-2014, SEC.22.
Ind. Code § 13-18-3-2.6 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-2.6
Permit schedules of compliance
Status: in_force

Sec. 2.6. (a) Where appropriate, permits shall contain schedules of compliance requiring the permittee to take specific steps to achieve expeditious compliance with applicable standards, limitations, and other requirements.

(b) The schedule of compliance shall require compliance as soon as reasonably possible, but not later than five (5) years from the date applicable standards, limitations, or other requirements are incorporated into the permit and may remain in effect as long as the National Pollutant Discharge Elimination System (NPDES) permit requirements are in effect.

(c) The department shall, at the request of the NPDES permit holder, incorporate in the permit a schedule of compliance for meeting the water quality based requirements associated with combined sewer overflows during the period of development, approval, and implementation of the long term control plan. The schedules of compliance:

(1) may exceed time frames authorized under 327 IAC; and

(2) may not exceed the period specified for implementation in an approved long term control plan.

(d) If the term of a schedule of compliance exceeds the term of an NPDES permit, the department shall continue to implement the schedule of compliance continuously before and during each successive permit term, to the maximum duration as provided in subsection (c). The permit shall specify that the schedule of compliance lasts beyond the term of the permit.

(e) Upon request of the permittee, the department shall modify NPDES permits containing water quality based requirements associated with combined sewer overflows to provide schedules of compliance as provided in subsection (c).

(f) The board shall adopt rules under IC 13-14-8 and IC 13-14-9 to implement this section.

As added by P.L.54-2005, SEC.5. Amended by P.L.135-2026, SEC.148.
Ind. Code § 13-11-2-199.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-199.2
"Septage"
Status: in_force

Sec. 199.2. "Septage", for purposes of this chapter and IC 13-18-12, means the following:

(1) The following from sewage disposal systems:

(A) Human excreta.

(B) Water.

(C) Scum.

(D) Sludge.

(E) Sewage.

(F) Incidental or accidental seepage.

(2) Retained contents of sewage holding tanks and portable sanitary units.

(3) Grease, fats, and retained wastes from grease traps or interceptors.

(4) Human wastes carried in liquid from ordinary living processes.

As added by P.L.159-2011, SEC.8.
Ind. Code § 13-11-2-270 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-270
"Youth camp"
Status: in_force

Sec. 270. "Youth camp", for purposes of IC 13-26-11-2, means an area or a tract of land established, operated, or maintained to provide more than seventy-two (72) continuous hours of outdoor group living experiences:

(1) away from established residences; and

(2) for educational, recreational, sectarian, or health purposes;

for at least ten (10) children who are less than eighteen (18) years of age and not accompanied by a parent or guardian.

As added by P.L.97-2012, SEC.3.
Ind. Code § 13-26-5-6 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-6
Eminent domain
Status: in_force

Sec. 6. (a) Subject to subsections (b) and (c), the board may condemn for the use of the district public or private land, easements, rights, rights-of-way, franchises, or other property within or outside the district required by the district for the accomplishment of the district's purposes according to the statutory procedure for the appropriation of land or other property taken by an eligible entity.

(b) The power of condemnation by a district under this article may not be exercised against a sewage disposal company holding a certificate of territorial authority under IC 8-1-2-89 until the expiration of twelve (12) years after the granting of the certificate of territorial authority.

(c) If the board of a regional sewage district exercises eminent domain to acquire an easement or right-of-way within or outside the district required by the district for the accomplishment of the district's purposes, the easement or right-of-way may not exceed fifty (50) feet in width.

[Pre-1996 Recodification Citation: 13-3-2-14.]

As added by P.L.1-1996, SEC.16. Amended by P.L.123-2011, SEC.2.
Ind. Code § 13-24-2-1 — Indiana Code / Title 13 / Article 24 / Chapter 2 / Section 13-24-2-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter does not apply to any of the following:

(1) A discharge or a threatened discharge that is not:

(A) into;

(B) on; or

(C) threatening to enter;

the navigable waters of Indiana.

(2) A person who, in providing response assistance, is grossly negligent or engages in willful or wanton misconduct.

(3) Personal injury or wrongful death.

[Pre-1996 Recodification Citation: 13-7-12-4(a).]

As added by P.L.1-1996, SEC.14.
Ind. Code § 13-11-2-88.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-88.7
"Gasification facility"
Status: in_force

Sec. 88.7. "Gasification facility", for purposes of IC 13-20-10.5, means a facility that incorporates equipment to carry out a thermochemical process that, with little or no oxygen present, converts biomass, appropriate feedstock, or both into a synthesis gas.

As added by P.L.135-2026, SEC.20.
Ind. Code § 13-17-3-4 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-4
Air pollution rules
Status: in_force

Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are:

(1) consistent with the general intent and purposes declared in IC 13-17-1 and section 1 of this chapter; and

(2) necessary to the implementation of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended.

(b) Notwithstanding IC 13-15-5, the board may adopt rules under IC 4-22-2 and IC 13-14-9 that allow the commissioner's actions on permits and permit modifications to become effective immediately, regardless of whether a thirty (30) day comment period is held on the permits or permit modifications. The board may adopt rules under this subsection only after considering the:

(1) environmental significance of;

(2) federal requirements for federally delegated or approved programs concerning; and

(3) need for opportunity for public participation on;

the permits or permit modifications.

(c) The board may adopt rules to require sources to report hazardous air pollutant emissions if the reporting is necessary to demonstrate compliance with emissions and other performance standards established under 42 U.S.C. 7412 or 42 U.S.C. 7429. The board may adopt rules to allow the department to request hazardous air pollutant emissions data from individual sources for the purpose of site specific studies of hazardous air pollutant:

(1) emissions; and

(2) impacts.

(d) The board may adopt rules to establish a general requirement for sources to report hazardous air pollutant emissions (as defined by 42 U.S.C. 7412(b)).

[Pre-1996 Recodification Citation: 13-1-1-4(c).]

As added by P.L.1-1996, SEC.7. Amended by P.L.90-1998, SEC.18; P.L.166-2002, SEC.2; P.L.159-2011, SEC.21; P.L.13-2013, SEC.47; P.L.79-2014, SEC.4; P.L.181-2018, SEC.3; P.L.135-2026, SEC.130.
Ind. Code § 13-23-3-4 — Indiana Code / Title 13 / Article 23 / Chapter 3 / Section 13-23-3-4
Expiration; rules
Status: in_force

Sec. 4. (a) A certificate issued under section 1 of this chapter expires two (2) years from the date a person successfully completes the examination to qualify to obtain the certificate.

(b) The board may adopt rules establishing renewal procedures for certificates that expire under subsection (a).

[Pre-1996 Recodification Citation: 13-7-20-13.4.]

As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.6; P.L.176-2023, SEC.35.
Ind. Code § 13-26-6-2 — Indiana Code / Title 13 / Article 26 / Chapter 6 / Section 13-26-6-2
Approval; authorization to proceed
Status: in_force

Sec. 2. If the department approves a district plan, the department shall authorize the district to proceed.

[Pre-1996 Recodification Citation: 13-3-2-5(f).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-11-2-59 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-59
"District plan"
Status: in_force

Sec. 59. "District plan", for purposes of IC 13-21, refers to a district solid waste management plan adopted or amended under IC 13-21-5 or IC 13-9.5-4 (before its repeal).

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-11.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-66.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-66.5
Repealed
Status: repealed

As added by P.L.123-1997, SEC.4. Repealed by P.L.57-2009, SEC.18.
Ind. Code § 13-20-8-5 — Indiana Code / Title 13 / Article 20 / Chapter 8 / Section 13-20-8-5
Department duties
Status: in_force

Sec. 5. (a) The department, in accordance with IC 13-15, shall operate a permit program for all incinerators subject to regulation under the rules of the board.

(b) The department shall issue permits for an incinerator that is in compliance with construction and operating rules adopted by the board.

(c) The department shall grant operating authority under a permit issued by the department only after the owner of the incinerator has:

(1) complied with all construction and pre-operational standards established by pertinent rules; and

(2) submitted the results of a pre-operational emissions test that demonstrate that the incinerator's performance complies with all pertinent rules.

(d) The pre-operational emissions test required by this section shall be conducted under the supervision of the department. In addition, the report of the results of the pre-operational emissions test must contain a certification that the test was performed in compliance with the following:

(1) All pertinent rules.

(2) The pre-operational emissions test plan submitted with the permit application.

[Pre-1996 Recodification Citation: 13-7-21-5.]

As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.140.
Ind. Code § 13-20-15-1 — Indiana Code / Title 13 / Article 20 / Chapter 15 / Section 13-20-15-1
Administration and implementation of chapter; rules
Status: in_force

Sec. 1. The department shall administer and implement this chapter to protect the public health, safety, and welfare from the toxic effects and environmental dangers of PCB. The board may adopt rules under this chapter under IC 4-22-2 and IC 13-14-9.

[Pre-1996 Recodification Citation: 13-7-16.5-2.]

As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.148; P.L.135-2026, SEC.205.
Ind. Code § 13-11-2-226 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-226
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 4-23-21-4.5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1997, SEC.6; P.L.132-1999, SEC.9. Repealed by P.L.189-2018, SEC.120.
Ind. Code § 13-23-9-1.3 — Indiana Code / Title 13 / Article 23 / Chapter 9 / Section 13-23-9-1.3
Reductions in amount available from ELTF for eligible release discovered after June 30, 2016; registration fees due in 2014 or later
Status: in_force

Sec. 1.3. (a) The total amount otherwise available from the ELTF in connection with an eligible release discovered on or after July 1, 2016, shall be reduced by:

(1) a deductible amount of fifteen thousand dollars ($15,000); and

(2) if any annual registration fees that were due in 2014 or a later year are not paid in full before the submittal of the initial site characterization as required by the rules adopted by the environmental rules board, an additional amount under subsection (b).

(b) The additional amount referred to in subsection (a)(2) is the sum of:

(1) all annual registration fees due under IC 13-23-12-1 for USTs and ASTs, as applicable, located at the facility from which the release occurred that:

(A) were due in 2014 or a later year; and

(B) have not been paid; plus

(2) an additional amount of one thousand dollars ($1,000) for each annual registration fee imposed by IC 13-23-12-1 on a UST and AST, as applicable, located at the facility from which the release occurred that:

(A) was due in 2014 or a later year; and

(B) was not paid in the year the fee was originally due.

As added by P.L.96-2016, SEC.32. Amended by P.L.200-2017, SEC.14; P.L.176-2023, SEC.42.
Ind. Code § 13-11-2-134 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-134
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-31-3.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-11-2-140.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-140.8
"Noncommunity public water system"
Status: in_force

Sec. 140.8. (a) "Noncommunity public water system" means a public water system that:

(1) has at least fifteen (15) service connections used by nonresidents; or

(2) regularly serves an average of at least twenty-five (25) nonresident individuals daily for at least sixty (60) days per year.

(b) The term includes:

(1) a nontransient noncommunity water system, as defined in section 142.7 of this chapter; and

(2) a transient noncommunity water system, as defined in section 237.5 of this chapter;

that meets the description set forth in subsection (a).

As added by P.L.15-2019, SEC.9.
Ind. Code § 13-21-5-6 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-6
Review of working documents
Status: in_force

Sec. 6. A board:

(1) must make all working documents available for review by the public for a period of time that allows sufficient time for adequate review before a public meeting of the board; and

(2) shall make updated copies of working documents available to the public on a regular basis.

[Pre-1996 Recodification Citation: 13-9.5-4-2(f).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-25-6-3 — Indiana Code / Title 13 / Article 25 / Chapter 6 / Section 13-25-6-3
Reimbursements to fire departments
Status: in_force

Sec. 3. (a) Reimbursement is available under this chapter for expenses, except for expenses of a type that the agency normally incurs in responding to emergencies that do not involve hazardous materials, that are incurred in taking emergency action by an emergency response agency other than a fire department that is described in subsection (b).

(b) Reimbursement is available under this chapter and IC 36-8-12.2 for expenses that are incurred in taking emergency action by a fire department that:

(1) is established under IC 36-8-2-3 or IC 36-8-13-3(a)(1); and

(2) employs:

(A) both full-time paid members and volunteer members; or

(B) only full-time paid members.

[Pre-1996 Recodification Citation: 13-6-2-10(a) part.]

As added by P.L.1-1996, SEC.15. Amended by P.L.33-2001, SEC.1.
Ind. Code § 13-11-2-72.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-72.5
Repealed
Status: repealed

As added by P.L.140-2000, SEC.7. Amended by P.L.1-2001, SEC.12. Repealed by P.L.78-2009, SEC.28.
Ind. Code § 13-20-21-9 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-9
Payment of solid waste disposal fees
Status: in_force

Sec. 9. Solid waste disposal fees must be paid under section 6 of this chapter by all solid waste disposal facilities, including solid waste landfills, incinerators, and construction\demolition disposal facilities. The owner or operator of a solid waste disposal facility shall pay the solid waste disposal fees at the same time the owner or operator is required to submit quarterly reports to the department under IC 13-20-22-11(e).

[Pre-1996 Recodification Citation: 13-7-16.1-2(j).]

As added by P.L.1-1996, SEC.10. Amended by P.L.159-2011, SEC.34; P.L.147-2015, SEC.13.
Ind. Code § 13-21-5-2 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-2
Public meetings; notice
Status: in_force

Sec. 2. (a) A district must conduct at least one (1) regularly scheduled public meeting each month before the creation, amendment, or alteration of the district solid waste management plan. The board shall give notice of each public meeting in accordance with IC 5-14-1.5. In addition, a copy of the schedule of regularly scheduled monthly meetings shall annually be submitted for publication to a newspaper of general circulation in each county of the district, and the board may use electronic means to post public notice. The notice:

(1) must be at least two (2) columns wide by five (5) inches long; and

(2) may not be placed in the part of the newspaper where legal notices and classified advertisements appear.

(b) Public comments shall be taken at each board meeting.

[Pre-1996 Recodification Citation: 13-9.5-4-2(a).]

As added by P.L.1-1996, SEC.11. Amended by P.L.27-2024, SEC.8.
Ind. Code § 13-26-10-4 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-4
Revenue bonds; principal and interest
Status: in_force

Sec. 4. The principal and interest of revenue bonds may be made payable in any lawful medium. The ordinance must do the following:

(1) Determine the form of the bonds, including the interest coupons, if any, to be attached.

(2) Fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be any bank or trust company within or outside Indiana.

[Pre-1996 Recodification Citation: 13-3-2-17(b).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-13-7.1-7 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-7
Nonstate employees; reimbursement of expenses; per diem
Status: in_force

Sec. 7. Each member of the panel who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member also is entitled to reimbursement for mileage, traveling expenses as provided under IC 4-13-1-4, and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.53-2014, SEC.119. Amended by P.L.42-2024, SEC.100.
Ind. Code § 13-18-24-4 — Indiana Code / Title 13 / Article 18 / Chapter 24 / Section 13-18-24-4
"Synthetic plastic microbead"
Status: in_force

Sec. 4. As used in this chapter, "synthetic plastic microbead" means a solid plastic particle that is:

(1) less than five (5) millimeters in its largest dimension;

(2) not biodegradable; and

(3) intentionally added to a personal care product that:

(A) is used to exfoliate or cleanse; and

(B) subsequently is rinsed off;

the human body or a part of the human body.

As added by P.L.21-2015, SEC.5.
Ind. Code § 13-18-16-12 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-12
Permit required
Status: in_force

Sec. 12. A person may not:

(1) install or contract for the construction of any public water system facilities, including water purification or treatment works; or

(2) make any material change in any public water system facilities;

until a permit has been issued by the commissioner.

[Pre-1996 Recodification Citation: 13-7-14-6.]

As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.12; P.L.184-2002, SEC.21.
Ind. Code § 13-11-2-157 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-157
"Permit"
Status: in_force

Sec. 157. (a) "Permit", for purposes of IC 13-15-4, means:

(1) a permit;

(2) a license;

(3) a registration;

(4) a certificate; or

(5) other type of authorization required before construction or operation;

that may be issued by the commissioner under pollution control laws or environmental management laws.

(b) As used in IC 13-15-4-11 through IC 13-15-4-17, the term includes:

(1) a permit; or

(2) a determination related to a permit;

that is described in IC 13-15-4-1.

[Pre-1996 Recodification Citation: 13-7-10.1-3(a), (c).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-30-7-1 — Indiana Code / Title 13 / Article 30 / Chapter 7 / Section 13-30-7-1
Correction period
Status: in_force

Sec. 1. Except as provided in sections 3 and 4 of this chapter, if:

(1) the department determines that a business has committed a minor violation:

(A) of:

(i) environmental management laws;

(ii) a rule or standard adopted by a board; or

(iii) any determination, permit, or order made or issued by the commissioner;

(B) that does not present an immediate or reasonably foreseeable danger to the public health or environment; and

(C) that does not include a violation of:

(i) a numerical limitation or a numerical standard contained in environmental management laws or a rule or standard adopted by a board applicable to a business required to correct the violation before disclosure of the violation;

(ii) a term or condition of a determination, permit, or order made or issued by the commissioner to a business required to correct the violation before disclosure of the violation, unless the term or condition incorporates a limitation, standard, work practice, or other requirement by reference and does not specify the limitation, standard, work practice, or other requirement; or

(iii) a requirement under environmental management laws or a rule adopted by a board to possess a permit;

the business required to correct the violation has not more than ninety (90) days after the date the property owner receives the written summary of the inspection under this section to correct the violation; and

(2) the:

(A) business:

(i) corrects the violation; or

(ii) commences substantial steps to correct the violation, including submitting permit applications, securing financing, or ordering equipment;

within the ninety (90) day period described in subdivision (1); or

(B) business corrects the violation within an additional ninety (90) day period under section 3 of this chapter;

the department's enforcement action is limited to the assessment of a civil penalty in an amount not to exceed five hundred dollars ($500).

[Pre-1996 Recodification Citation: 13-7-5-3.3(f).]

As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996, SEC.16.
Ind. Code § 13-23-12-4 — Indiana Code / Title 13 / Article 23 / Chapter 12 / Section 13-23-12-4
Collection and deposit of fees
Status: in_force

Sec. 4. The department shall collect the fees paid under this chapter and deposit the fees as follows:

(1) Fees paid in connection with underground petroleum storage tanks or aboveground petroleum storage tanks under section 1(b)(1) of this chapter shall be deposited in the petroleum trust fund.

(2) Fees paid under section 1(b)(2) of this chapter in connection with underground storage tanks used to contain regulated substances other than petroleum shall be deposited in the hazardous substances response trust fund established by IC 13-25-4-1.

[Pre-1996 Recodification Citations: 13-7-20-32(d); 13-7-20-41(c).]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.11; P.L.2-1998, SEC.57; P.L.212-1999, SEC.5; P.L.220-2014, SEC.28; P.L.176-2023, SEC.49.
Ind. Code § 13-30-10-7 — Indiana Code / Title 13 / Article 30 / Chapter 10 / Section 13-30-10-7
Unlawful dumping of contaminants or solid waste
Status: in_force

Sec. 7. A person who knowingly, intentionally, or recklessly:

(1) deposits or causes or allows the deposit of thirty (30) square feet or more of contaminants or solid waste upon land owned or controlled by another person, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board; or

(2) on two (2) or more separate occasions deposits or causes or allows the deposit of any amount of contaminants or solid waste upon land owned or controlled by another person, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board;

commits a Class C misdemeanor.

As added by P.L.218-2025, SEC.6.
Ind. Code § 13-18-10-2.6 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-2.6
Compliance and technical assistance program
Status: in_force

Sec. 2.6. The department shall establish a compliance and technical assistance program for owners and operators of confined feeding operations that may be administered by:

(1) the department;

(2) a state college or university; or

(3) a contractor.

As added by P.L.125-1997, SEC.8.
Ind. Code § 13-30-9-3 — Indiana Code / Title 13 / Article 30 / Chapter 9 / Section 13-30-9-3
Allocation of costs of removal or remedial action
Status: in_force

Sec. 3. (a) In resolving an environmental legal action, a court shall allocate the costs of the removal or remedial action in proportion to the acts or omissions of each party, without regard to any theory of joint and several liability, using legal and equitable factors that the court determines are appropriate, including the following:

(1) The degree of care exercised by each party with respect to the release of the hazardous substance or petroleum caused or contributed to by each party.

(2) The amount and characteristics of the hazardous substance or petroleum that was released.

(3) The risks posed by the hazardous substance or petroleum based on the use of the site at the time the hazardous substance or petroleum was released into the environment and the cost effectiveness of the removal or remedial action to address the risks.

(4) Whether a party's acts or omissions violated a federal, state, or local statute, rule, regulation, or ordinance.

(5) The extent to which each party exercised actual and direct managerial control over the site where the hazardous substance or petroleum was released at the time of the release.

(6) Whether an award of reasonable costs, including attorney's fees, to a party involved in the environmental legal action is appropriate.

(7) Other equitable factors, including unjust enrichment, that the court determines are appropriate.

(b) Notwithstanding subsection (a), if parties have entered into a contract that allocates the costs or responsibility for the removal or remedial action, the terms of the contract control the allocation of costs between the parties to the contract. However, the terms of a contract may not affect the recovery of costs by the state unless the state is a signatory to the contract.

As added by P.L.59-1997, SEC.23.
Ind. Code § 13-23-2-1 — Indiana Code / Title 13 / Article 23 / Chapter 2 / Section 13-23-2-1-b
Restrictions on enactment and enforcement of ordinances conflicting with article or rules
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 1. A unit of local government may not enact or enforce an ordinance that is in conflict with any of the following:

(1) This article.

(2) Rules adopted by the department of homeland security under this article.

(3) Rules adopted by the board under this article.

[Pre-1996 Recodification Citation: 13-7-20-43(b).]

As added by P.L.1-1996, SEC.13. Amended by P.L.152-2026, SEC.208.
Ind. Code § 13-13-8-3 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-3
Board established
Status: in_force

Sec. 3. The environmental rules board is established as an independent board.

As added by P.L.133-2012, SEC.72.
Ind. Code § 13-25-5-14 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-14
Voluntary remediation work plan; implementation; notice
Status: in_force

Sec. 14. If an applicant who submitted an approved voluntary remediation work plan desires to proceed with the implementation of the work plan, the applicant must notify the commissioner in writing not more than sixty (60) days after the work plan is approved that the applicant:

(1) intends to proceed with the implementation of the work plan; and

(2) agrees to the starting and completion dates set forth by the commissioner under section 13(2) of this chapter.

[Pre-1996 Recodification Citation: 13-7-8.9-15(e).]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-12-5-1 — Indiana Code / Title 13 / Article 12 / Chapter 5 / Section 13-12-5-1
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-1-10.1-1.]

As added by P.L.1-1996, SEC.2. Amended by P.L.124-1997, SEC.13. Repealed by P.L.135-2026, SEC.47.
Ind. Code § 13-20-26-1 — Indiana Code / Title 13 / Article 20 / Chapter 26 / Section 13-20-26-1
Project established; purposes; project area; demonstration required of eligible applicants
Status: in_force

Sec. 1. (a) There is established a central Indiana waste diversion project for the following purposes:

(1) Determining the most practical and effective means of:

(A) addressing domestic supply chain disruptions that result in:

(i) scarcity of raw materials necessary for manufacturing and other industries in Indiana;

(ii) increased prices of those raw materials; and

(iii) manufacturing delays, employment fluctuations, and stagnant growth;

(B) preventing the unnecessary disposal of potentially valuable recyclable materials in landfills and waste incinerators;

(C) stimulating economic development, including the:

(i) creation of employment opportunities throughout Indiana; and

(ii) market development through the reuse of recyclable materials by diverting the materials from waste streams throughout the project area for commercial reuse;

(D) advancing research and development to enhance existing waste diversion efforts and support the creation of new processes and technologies that expand upon the existing universe of waste diversion and reuse of recyclable material; and

(E) supporting recycling technology or programs that:

(i) involve the return, collection, and sorting of recyclable glass, aluminum, or plastic beverage containers;

(ii) are accessible to the general public; and

(iii) are operated by a retail merchant (as described in IC 6-2.5-4-1), a professional sports or entertainment venue, an airport, a school for students between kindergarten and grade 12, or an institution of higher education.

(2) Determining the feasibility of expansion of the waste diversion program throughout Indiana by analyzing data provided by project participants to the department to measure the success of the project in:

(A) diverting waste from landfills and incinerators; and

(B) providing valuable raw materials for manufacturing and other Indiana industries.

(3) Determining the potential for future market development.

(b) The project established under this section shall be limited to applicants located in Marion County during the first round of grants. Following the completion of the first round of grants, the project shall be expanded for a second round of grants. Applicants located in the following counties shall be eligible to receive grants during the second round:

(1) Marion.

(2) Hamilton.

(3) Hancock.

(4) Shelby.

(5) Johnson.

(6) Morgan.

(7) Hendricks.

(8) Boone.

(c) An applicant who is eligible to participate in the project established under this section must demonstrate direct connectivity in diversion of valuable raw materials for procurement to identified Indiana based end markets as a commodity.

(d) The project established under this section shall commence upon the:

(1) approval of the proposals submitted under this chapter; and

(2) award of funds necessary to implement the project.

The duration of the project may not exceed four (4) years after the date that the project commences.

(e) The project established under this section shall commence a second round of grants within one (1) year after the first round of grants are awarded to the selected projects. Applicants selected for a grant during the first round of grants may apply for a grant during the second round of grants.

(f) Grant applicants seeking funding from the project established under this section must provide a financial match, as determined by the Indiana recycling market development board under IC 4-23-5.5-7, to receive funding.

As added by P.L.120-2022, SEC.8. Amended by P.L.153-2023, SEC.2.
Ind. Code § 13-23-7-4 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-4
Expenses of administering UST law
Status: in_force

Sec. 4. The expenses of administering the provisions of this article that are funded by the ELTF, including:

(1) IC 13-23-8;

(2) IC 13-23-9;

(3) IC 13-23-11; and

(4) IC 13-23-12;

shall be paid from money in the ELTF.

[Pre-1996 Recodification Citation: 13-7-20-31(d).]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.8; P.L.14-2001, SEC.5; P.L.96-2016, SEC.15.
Ind. Code § 13-22-10-5 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-5
Approval of construction
Status: in_force

Sec. 5. (a) This section does not apply to a person who applied for a certificate of environmental compatibility under IC 13-7-8.6 (before its repeal) before July 1, 1995.

(b) A person who proposes to construct a hazardous waste disposal facility permitted under IC 13-22, a commercial hazardous waste facility permitted under IC 13-22, or a commercial low level radioactive waste facility permitted under IC 13-29-1-6 may not begin construction of the facility until:

(1) the person has obtained all approvals to construct the facility required under applicable zoning ordinances or other zoning laws; or

(2) if the facility is located in an area that is not subject to a zoning ordinance or other zoning law, the person has obtained approval to construct the facility from the county executive of the county in which the facility would be located.

As added by P.L.124-1996, SEC.11. Amended by P.L.45-1997, SEC.19.
Ind. Code § 13-23-1-4 — Indiana Code / Title 13 / Article 23 / Chapter 1 / Section 13-23-1-4
Delivery prohibition program
Status: in_force

Sec. 4. (a) This section shall be enforced under IC 4-21.5-4.

(b) To fully implement the delivery prohibition program requirements under 42 U.S.C. 6991k, the commissioner may do the following:

(1) Determine whether an underground storage tank is eligible for delivery, deposit, or acceptance of a regulated substance.

(2) Issue a temporary order to prohibit the use of an underground storage tank that has been determined to be ineligible under subdivision (1), and demand compliance with the rules adopted under this chapter as follows:

(A) If an underground storage tank inspection shows failure to install equipment for:

(i) corrosion protection;

(ii) leak detection;

(iii) overfill protection; or

(iv) spill prevention.

The commissioner must give the owner or operator written notice before implementing a temporary order under this clause.

(B) If the owner or operator fails to properly operate or maintain equipment for corrosion protection, leak detection, overfill protection, and spill prevention. The commissioner must give the owner or operator:

(i) a written warning; and

(ii) at least thirty (30) days to take corrective action to bring the underground storage tank into compliance.

(C) If the owner or operator fails to register an underground petroleum storage tank or pay annual registration fees that are due under IC 13-23-12. The commissioner must give the owner or operator at least thirty (30) days to take corrective action to bring the underground storage tank into compliance.

(3) Reissue a temporary order to prohibit the use of an underground storage tank under this section if the tank remains ineligible for delivery, deposit, or acceptance of a regulated substance when the initial order issued under subdivision (2) expires. The requirements to give the owner or operator a written warning and a thirty (30) day corrective action grace period under subdivision (2)(B) do not apply to the reissuance of an order under this subdivision.

(4) Require the closure of an underground storage tank that is subject to delivery prohibition under 42 U.S.C. 6991k and this section if:

(A) the owner or operator has failed to complete the corrective actions required to comply with an order issued under this section; and

(B) the underground storage tank has been the subject of:

(i) one (1) temporary order under subdivision (2) prohibiting the use of the underground storage tank; and

(ii) at least two (2) consecutive actions by the commissioner under subdivision (3) reissuing the order prohibiting the use of the underground storage tank.

(c) If ownership of an ineligible underground storage tank is transferred, the new owner must complete the corrective actions required to comply with an order issued by the commissioner to the previous owner.

As added by P.L.38-2012, SEC.3. Amended by P.L.5-2015, SEC.40; P.L.166-2018, SEC.1.
Ind. Code § 13-18-18-2 — Indiana Code / Title 13 / Article 18 / Chapter 18 / Section 13-18-18-2
Criteria for consideration
Status: in_force

Sec. 2. The department shall determine the criteria that must be met to qualify for the general permit.

[Pre-1996 Recodification Citation: 13-7-10-7(b).]

As added by P.L.1-1996, SEC.8. Amended by P.L.81-2011, SEC.4.
Ind. Code § 13-20-2-10 — Indiana Code / Title 13 / Article 20 / Chapter 2 / Section 13-20-2-10
Conditions requiring submission of new application for original construction permit; fee inapplicable; ordinance to approve facility location
Status: in_force

Sec. 10. (a) This section applies only:

(1) in a county that does not zone under IC 36-7-4; and

(2) to a facility:

(A) that is proposed to be constructed after April 1, 2008;

(B) that is not exempt under IC 13-20-1-1 from the demonstration of needs requirements of IC 13-20-1; and

(C) for which a permit for construction or operation is required under this article.

(b) If:

(1) a person submitted to the department before April 1, 2008:

(A) an application under this chapter for an original construction permit for a facility;

(B) a modification of an application under this chapter previously submitted to the department for an original construction permit for a facility; or

(C) an application under this chapter for modification of an original construction permit issued by the department under this chapter; and

(2) the department did not issue the permit or modified permit applied for as described in subdivision (1) before April 1, 2008;

the person must submit a new application for an original construction permit for the facility and meet the requirements of all applicable environmental laws existing at the time the new permit is sought.

(c) The fee under IC 13-20-21-3 does not apply to the new application for an original construction permit under subsection (b).

(d) The county executive of a county in which a facility is proposed to be located must adopt an ordinance approving the proposed facility location before the department may issue an original construction permit in response to:

(1) a new application for an original construction permit for the facility under subsection (b); or

(2) an application for an original construction permit for the facility submitted to the department after March 31, 2008.

As added by P.L.114-2008, SEC.17.
Ind. Code § 13-25-4-27 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-27
Action or claims; effect of chapter; immunity for liability for claims or contributions
Status: in_force

Sec. 27. (a) This chapter does not affect an action or a claim, including a claim for contribution, that a person who implements or completes an approved response action has or may have against a third party.

(b) A person who implements or completes an approved response action under this chapter may not be held liable for claims or contribution concerning matters addressed in the response action.

[Pre-1996 Recodification Citation: 13-7-8.7-15.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-17-10-3 — Indiana Code / Title 13 / Article 17 / Chapter 10 / Section 13-17-10-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-16.5-9(d).]

As added by P.L.1-1996, SEC.7. Repealed by P.L.135-2026, SEC.140.
Ind. Code § 13-17-3-13 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-13
Issuance of permit to a solid waste incinerator
Status: in_force

Sec. 13. The commissioner may not issue any permit to a solid waste incinerator required by the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L. 101-549), if the commissioner is also responsible in whole or in part for the design, construction, or operation of the unit.

[Pre-1996 Recodification Citation: 13-1-1-4(l).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-17-6-11 — Indiana Code / Title 13 / Article 17 / Chapter 6 / Section 13-17-6-11
Reprimand, suspension, or revocation of license or accreditation; grounds; appeal
Status: in_force

Sec. 11. (a) The commissioner may reprimand an asbestos contractor or asbestos worker or suspend or revoke the license of an asbestos contractor or the accreditation of an asbestos worker for the following reasons:

(1) Fraudulently or deceptively obtaining or attempting to obtain a license or accreditation under this chapter.

(2) Failing to meet the qualifications for a license or accreditation or failing to comply with the requirements of air pollution control laws or rules adopted under air pollution control laws.

(3) Failing to meet an applicable federal or state standard for the abatement, removal, or encapsulation of asbestos.

(b) The commissioner may reprimand an asbestos contractor or suspend or revoke the license of an asbestos contractor that does any of the following:

(1) Employs a person who is not accredited under this chapter.

(2) Permits a person who is not accredited under this chapter to work on an asbestos project.

(c) A commissioner action to suspend or revoke the license of an asbestos contractor may be appealed under IC 4-21.5.

[Pre-1996 Recodification Citation: 13-1-1-23.]

As added by P.L.1-1996, SEC.7. Amended by P.L.135-2026, SEC.136.
Ind. Code § 13-11-2-31.1 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-31.1
"Collection"
Status: in_force

Sec. 31.1. (a) "Collection", for purposes of IC 13-20.5, means the receipt of covered electronic devices from covered entities.

(b) The term includes all collection activities up to the time the covered electronic devices are delivered to a recycler.

As added by P.L.178-2009, SEC.4.
Ind. Code § 13-23-4-5 — Indiana Code / Title 13 / Article 23 / Chapter 4 / Section 13-23-4-5
Suspension of enforcement of financial responsibility requirements
Status: in_force

Sec. 5. (a) The commissioner, upon the application of any affected person or in the absence of any application, may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the commissioner determines that the following conditions exist:

(1) The methods of financial responsibility satisfying the requirements of this article are not generally available for underground storage tanks in that class or category.

(2) Steps are being taken:

(A) to form a risk retention group for the class or category; or

(B) to establish a fund under Section 9004(c)(1) of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991c(c)(1), as amended), to be submitted as evidence of financial responsibility.

(b) A suspension of enforcement under this section may not exceed one hundred eighty (180) days. Following a suspension of enforcement under this section, the commissioner may suspend enforcement for additional successive periods of not more than one hundred eighty (180) days if:

(1) the commissioner determines that substantial progress has been made in establishing a risk retention group; or

(2) the owners or operators of underground storage tanks in the class or category demonstrate to the satisfaction of the commissioner that:

(A) the formation of a risk retention group is not possible; and

(B) the state is unable or unwilling to establish a fund as described in subsection (a)(2)(B).

(c) A determination to suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks under subsection (a) or (b) may not be effective until the Administrator of the United States Environmental Protection Agency has made the same determination under Section 9003(d)(5)(D) of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991b(d)(5)(D), as amended), with respect to the same class or category of underground storage tanks.

[Pre-1996 Recodification Citation: 13-7-20-16.]

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-17-8-1 — Indiana Code / Title 13 / Article 17 / Chapter 8 / Section 13-17-8-1
Title V operating permit program trust fund
Status: in_force

Sec. 1. (a) The Title V operating permit program trust fund is established to provide a source of money for the implementation, enforcement, and administration of the operating permit program required to implement 42 U.S.C. 7661 through 7661f of the federal Clean Air Act, as provided in sections 2 through 9 of this chapter.

(b) The expenses of administering the fund shall be paid from the money in the fund.

(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

(e) The sources of money for the fund are the following:

(1) Fees collected under the operating permit program required to implement 42 U.S.C. 7661 through 7661f.

(2) Appropriations made by the general assembly.

(f) Money in the fund may be used only to pay the costs of the operating permit program activities described in section 3 of this chapter.

(g) Revenues that accrue to the fund are appropriated to the department for the purposes described in section 3 of this chapter.

[Pre-1996 Recodification Citation: 13-1-1-25.]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-154 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-154
"Party state"
Status: in_force

Sec. 154. "Party state", for purposes of IC 13-29-1, means any eligible state which enacts the compact into law.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-13-7.1-9 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-9
Legislative members; per diem; reimbursement of expenses
Status: in_force

Sec. 9. Each member of the panel who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this section shall be paid from appropriations made to the legislative council or the legislative services agency.

As added by P.L.53-2014, SEC.119.
Ind. Code § 13-20-17-1 — Indiana Code / Title 13 / Article 20 / Chapter 17 / Section 13-20-17-1
Sale of intentionally introduced alkaline-manganese battery
Status: in_force

Sec. 1. (a) This section does not apply to an alkaline-manganese button cell battery if each button cell does not have more than twenty-five (25) milligrams of mercury.

(b) A person may not:

(1) sell;

(2) offer for sale; or

(3) offer for promotional purposes;

an alkaline-manganese battery that contains mercury that was intentionally introduced if the battery was manufactured after December 31, 1995.

[Pre-1996 Recodification Citation: 13-1-16-3.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-13-8-10 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-10
Chairperson and vice chairperson
Status: in_force

Sec. 10. The governor may designate:

(1) one (1) of the appointed members of the board to serve as chairperson; and

(2) another of the appointed members to serve as vice chairperson.

As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.70.
Ind. Code § 13-18-10-2.8 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-2.8
Department point of contact
Status: in_force

Sec. 2.8. The department shall:

(1) designate an employee as the point of contact for applicants and interested applicants to submit questions concerning the application process described in this chapter; and

(2) distribute the designated employee's contact information to all operating confined feeding operations.

As added by P.L.42-2026, SEC.5.
Ind. Code § 13-11-2-25.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-25.2
Repealed
Status: repealed

As added by P.L.107-2016, SEC.2. Repealed by P.L.135-2026, SEC.13.
Ind. Code § 13-11-2-119.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-119.5
Repealed
Status: repealed

As added by P.L.112-2015, SEC.7. Repealed by P.L.72-2017, SEC.7.
Ind. Code § 13-25-2-7 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-7
Notice from owner or operator
Status: in_force

Sec. 7. (a) The owner or operator of the facility shall give the notice required by section 6 of this chapter immediately after the release to the following:

(1) The community emergency coordinator for the appropriate local emergency planning committees for any area likely to be affected by the release.

(2) The commission.

(3) The state emergency planning commission of any other state likely to be affected by the release.

(b) If a substance that is subject to the reporting requirements under this section is being transported or is being stored incident to being transported, the notice requirements of this section may be satisfied by:

(1) dialing the local 911 emergency telephone number; or

(2) if a local 911 emergency telephone number is not available, calling the telephone operator.

(c) The notice required by section 6 of this chapter must include each of the following to the extent known at the time of the notice and if no delay in responding to the emergency results:

(1) The chemical name or identity of any substance involved in the release.

(2) An indication of whether the substance is on the list referred to in section 2 of this chapter.

(3) An estimate of the quantity of any substance that was released into the environment.

(4) The time and duration of the release.

(5) The medium or media into which the release occurred.

(6) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.

(7) Proper precautions to take as a result of the release, including evacuation, unless the information is readily available to the community emergency coordinator under the local emergency plan.

(8) The name and telephone number of persons to be contacted for additional information.

(d) As soon as practicable after a release that requires notice by section 6 of this chapter, the owner or operator shall provide written follow-up emergency notices that include and update the information required by this section, including additional information with respect to the following:

(1) Actions taken to respond to and contain the release.

(2) Any known or anticipated acute or chronic health risks associated with the release.

(3) If appropriate, advice regarding medical attention necessary for exposed individuals.

[Pre-1996 Recodification Citation: 13-7-37-14.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-24-1-2 — Indiana Code / Title 13 / Article 24 / Chapter 1 / Section 13-24-1-2
Conditions for actions; priorities; emergencies
Status: in_force

Sec. 2. (a) Except as provided in subsection (c), the commissioner may undertake removal or remedial action with respect to a release of petroleum at a petroleum facility if:

(1) the action is necessary, in the judgment of the commissioner, to protect human health and the environment; and

(2) a person cannot be found not later than ninety (90) days after the suspected or confirmed release is identified who is:

(A) an owner or operator of the petroleum facility or a responsible person; and

(B) capable of properly carrying out removal or remedial action with respect to the release.

(b) In undertaking removal or remedial action under subsection (a), the commissioner shall give priority to releases of petroleum from a petroleum facility that pose the greatest threat to human health and the environment.

(c) The commissioner may undertake or require removal or remedial action with respect to a release of petroleum into the environment if it is determined that an emergency exists under IC 4-21.5-4.

[Pre-1996 Recodification Citation: 13-7-20.1-8(b), (c), (e).]

As added by P.L.1-1996, SEC.14.
Ind. Code § 13-11-2-57.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-57.2
"Disposal facility"
Status: in_force

Sec. 57.2. "Disposal facility", for purposes of IC 13-22-12-3.5, means a site where hazardous wastes are disposed of in or on the land, including a site associated with, within, or adjacent to facilities generating the waste.

As added by P.L.220-2014, SEC.5.
Ind. Code § 13-21-4-1 — Indiana Code / Title 13 / Article 21 / Chapter 4 / Section 13-21-4-1
Compliance with procedures
Status: in_force

Sec. 1. If:

(1) a county seeks to withdraw from a joint district; or

(2) a joint district seeks to remove a county from the joint district;

the county or the joint district must follow the procedures set forth in this chapter.

[Pre-1996 Recodification Citation: 13-9.5-2.3-1.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-22-8-1 — Indiana Code / Title 13 / Article 22 / Chapter 8 / Section 13-22-8-1
Rules
Status: in_force

Sec. 1. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 on standards of financial responsibility for the following:

(1) Closure.

(2) Postclosure monitoring at hazardous waste facilities.

(3) Any required corrective action at those facilities.

(b) Any rules adopted under this section must reflect the provisions for financial responsibility prescribed by section 2 of this chapter.

[Pre-1996 Recodification Citation: 13-7-8.5-5(c).]

As added by P.L.1-1996, SEC.12. Amended by P.L.133-2012, SEC.152; P.L.135-2026, SEC.232.
Ind. Code § 13-11-2-25.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-25.8
"Class I wetland"; "Class II wetland"; "Class III wetland"
Status: in_force

Sec. 25.8. (a) For purposes of IC 13-18:

(1) "Class I wetland" means an isolated wetland described by one (1) or both of the following:

(A) At least fifty percent (50%) of the wetland has been disturbed or affected by human activity or development by one (1) or more of the following:

(i) Removal or replacement of the natural vegetation.

(ii) Modification of the natural hydrology.

(B) The wetland supports only minimal wildlife or aquatic habitat or hydrologic function because the wetland does not provide critical habitat for threatened or endangered species listed in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the wetland is characterized by at least one (1) of the following:

(i) The wetland is typified by low species diversity.

(ii) The wetland contains greater than fifty percent (50%) areal coverage of non-native invasive species of vegetation.

(iii) The wetland does not support significant wildlife or aquatic habitat.

(iv) The wetland does not possess significant hydrologic function;

(2) "Class II wetland" means one (1) of the following:

(A) An isolated wetland that supports moderate habitat or hydrological functions, including an isolated wetland that is dominated by native species but is generally without:

(i) the presence of; or

(ii) habitat for;

rare, threatened, or endangered species.

(B) A type of wetland listed in subdivision (3)(B)(i) through (3)(B)(vi) that:

(i) is located in a setting more than minimally disturbed by human activity or development; or

(ii) supports less than minimal wildlife or aquatic habitat or hydrologic function.

(3) "Class III wetland" means an isolated wetland:

(A) that is at least one (1) of the following rare and ecologically important types:

(i) Acid bog.

(ii) Acid seep.

(iii) Circumneutral bog.

(iv) Circumneutral seep.

(v) Cypress swamp.

(vi) Dune and swale.

(vii) Fen.

(viii) Forested fen.

(ix) Marl beach.

(x) Muck flat.

(xi) Panne.

(xii) Sand flat.

(xiii) Sinkhole pond.

(xiv) Sinkhole swamp; or

(B) that is located in a setting undisturbed or minimally disturbed by human activity or development and that supports more than minimal wildlife or aquatic habitat or hydrologic function and that is at least one (1) of the following rare and ecologically important types:

(i) Forested swamp.

(ii) Sedge meadow.

(iii) Shrub swamp.

(iv) Wet floodplain forest.

(v) Wet prairie.

(vi) Wet sand prairie.

(b) For purposes of this section, a wetland or setting is not considered disturbed or affected as a result of an action taken after January 1, 2004, for which a permit is required under IC 13-18-22 but has not been obtained.

(c) A wetland shall be classified by the function of the wetland prior to an impact if the impact:

(1) lowered hydrology or habitat function in the wetland; and

(2) would result in a lower classification but for this subsection.

As added by P.L.282-2003, SEC.21. Amended by P.L.52-2004, SEC.1; P.L.160-2021, SEC.1; P.L.1-2024, SEC.1.
Ind. Code § 13-15-6-2 — Indiana Code / Title 13 / Article 15 / Chapter 6 / Section 13-15-6-2
Contents of request
Status: in_force

Sec. 2. A written request for an adjudicatory hearing under section 1 of this chapter must do the following:

(1) State the name and address of the person making the request.

(2) Identify the interest of the person making the request.

(3) Identify any persons represented by the person making the request.

(4) State with particularity the reasons for the request.

(5) State with particularity the issues proposed for consideration at the hearing.

(6) Identify the permit terms and conditions that, in the judgment of the person making the request, would be appropriate in the case in question to satisfy the requirements of the law governing permits of the type granted or denied by the commissioner's action.

[Pre-1996 Recodification Citation: 13-7-10-2.5(d).]

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-18-3-2.1 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-2.1
Deadline for department to complete antidegradation review in certain circumstances; extension
Status: in_force

Sec. 2.1. (a) If:

(1) a discharge results from an activity for which:

(A) an NPDES permit subject to IC 13-15-4-1(a)(2)(B), IC 13-15-4-1(a)(3)(B), or IC 13-15-4-1(a)(4); or

(B) a modification or renewal of a permit referred to in one (1) of the sections referred to in clause (A);

is sought; and

(2) the permit application or application to modify or renew the permit proposes a new or increased discharge that would result in a significant lowering of water quality as defined in IC 13-18-3-2(l)(1);

the deadline for the department to complete the antidegradation review under 40 CFR 131.12 and 40 CFR Part 132, Appendix E with respect to the discharge is the deadline for the commissioner to approve or deny the NPDES permit application under IC 13-15-4-1.

(b) The commissioner may extend for cause for not more than ninety (90) days the deadline under subsection (a) for the department to complete the antidegradation review.

As added by P.L.78-2009, SEC.16. Amended by P.L.112-2016, SEC.18; P.L.85-2017, SEC.67.
Ind. Code § 13-21-14-3 — Indiana Code / Title 13 / Article 21 / Chapter 14 / Section 13-21-14-3
Periodic billing system; fee collection ordinance prohibited
Status: in_force

Sec. 3. (a) The collection of the fees authorized by this chapter may be effectuated through a periodic billing system.

(b) After June 30, 2019, a unit may not enact an ordinance requiring a solid waste hauler or a person who operates a vehicle in which recyclable material is transported for recycling to collect fees authorized by this chapter and remit the fees to the board of a district or to the unit.

[Pre-1996 Recodification Citation: 13-9.5-9-2(c).]

As added by P.L.1-1996, SEC.11. Amended by P.L.19-2019, SEC.2.
Ind. Code § 13-23-4-3 — Indiana Code / Title 13 / Article 23 / Chapter 4 / Section 13-23-4-3
Establishment of method to show evidence of financial responsibility
Status: in_force

Sec. 3. (a) The commissioner may provide a method under which the owner or operator of an underground storage tank may establish evidence of financial responsibility as required under sections 1 and 2 of this chapter and 42 U.S.C. 6991b(c)(6) with respect to the part of the potential liability of the owner or operator that is not covered through the excess liability trust fund established by IC 13-23-7-1.

(b) A method provided by the commissioner under this section must be acceptable to the Administrator of the United States Environmental Protection Agency.

(c) A method provided by the commissioner under this section must establish requirements for the establishment of evidence of financial responsibility by a small business petroleum marketer that are less stringent than the requirements applying to a petroleum marketer that owns or operates more than twelve (12) underground storage tanks.

[Pre-1996 Recodification Citation: 13-7-20-14.5(c), (d), (e).]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.4.
Ind. Code § 13-20-11-2 — Indiana Code / Title 13 / Article 20 / Chapter 11 / Section 13-20-11-2
Duties
Status: in_force

Sec. 2. A department employee designated as a landfill inspector for a county under this chapter shall monitor operations at every landfill in the county. The duties of the landfill inspector include the following:

(1) Promoting compliance with the rules of the board governing landfill operations.

(2) Keeping records required by the rules of the board or ensuring that those records be kept.

(3) Investigating possible violations of:

(A) the rules of the board; or

(B) any statute;

governing landfill operation or solid waste disposal.

[Pre-1996 Recodification Citation: 13-7-22-3(c).]

As added by P.L.1-1996, SEC.10. Amended by P.L.113-2014, SEC.75.
Ind. Code § 13-13-3-1 — Indiana Code / Title 13 / Article 13 / Chapter 3 / Section 13-13-3-1
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-2-13(a).]

As added by P.L.1-1996, SEC.3. Repealed by P.L.135-2026, SEC.52.
Ind. Code § 13-16-1-7 — Indiana Code / Title 13 / Article 16 / Chapter 1 / Section 13-16-1-7
Adjustments to environmental management permit operation fund
Status: in_force

Sec. 7. (a) Before billing a person under IC 13-18-20, IC 13-20-21, or IC 13-22-12, the commissioner shall review the money in the environmental management permit operation fund established under IC 13-15-11 and make the following adjustments:

(1) If the balance of the fund collected under IC 13-18-20, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-18-20.

(2) If the balance of the fund collected under IC 13-20-21, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-20-21.

(3) If the balance of the fund collected under IC 13-22-12, once obligated expenditures are subtracted from the balance, exceeds two million five hundred thousand dollars ($2,500,000) as of July 1 each year, the commissioner shall adjust the annual fee schedule to bill an amount, in the aggregate, equivalent to the fee schedule amount, less the excess over two million five hundred thousand dollars ($2,500,000). Adjustments to the individual bills must be proportional to the applicable fee divided by the total amount required by all the applicable fees. Adjustments to the annual fees apply only to the next assessment year and then revert to the amounts established under IC 13-22-12.

(b) The appropriate board may adopt rules under IC 4-22-2 and IC 13-14-9 to adjust the amount of the fund balance at which the commissioner is required to adjust individual bills under subsection (a)(1), (a)(2), or (a)(3). However, the amount of the fund balance established by rule under this subsection may not exceed two million five hundred thousand dollars ($2,500,000).

As added by P.L.224-1999, SEC.8.
Ind. Code § 13-23-13-5.5 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-5.5
Intentional surface spill or overfill; contribution to corrective action costs claim
Status: in_force

Sec. 5.5. (a) Notwithstanding any other provision of this chapter, a person who is not an owner or operator of an underground storage tank or an aboveground storage tank is liable to the state only for corrective action to address a surface spill or overfill of a regulated substance from the underground storage tank or aboveground storage tank that is intentionally caused by the person during the delivery of the regulated substance into the underground storage tank or aboveground storage tank.

(b) A person who is liable for corrective action under subsection (a) is subject to a claim for contribution to corrective action costs arising solely from the surface spill or overfill by a person described in section 8(b)(1) or 8(b)(2) of this chapter. Except as otherwise provided in subsections (c) and (d), an action for contribution under this section may be brought in the same manner and is subject to the same provisions as an action brought under section 8(b) of this chapter.

(c) Before a person brings a contribution action under this section, the person must provide written notice of intent to bring the action by certified mail to:

(1) the department; and

(2) each person allegedly responsible for the surface spill or overfill that occurred during the delivery of a regulated substance into the underground storage tank or aboveground storage tank.

(d) A person that provides notice under subsection (c) may not bring a contribution action if:

(1) the department commences an administrative proceeding or a civil action concerning the alleged surface spill or overfill not later than ninety (90) days after receiving notice under subsection (c)(1); or

(2) the person who receives the notice under subsection (c)(2) agrees in writing, within ninety (90) days after receipt of the notice, to remediate the surface spill or overfill in accordance with the state's rules governing spills and overfills.

As added by P.L.212-1999, SEC.6. Amended by P.L.176-2023, SEC.54.
Ind. Code § 13-22-11-3 — Indiana Code / Title 13 / Article 22 / Chapter 11 / Section 13-22-11-3
Reports under Federal Resource Conservation and Recovery Act
Status: in_force

Sec. 3. A person who submits a report to the department under 42 U.S.C. 6922(a)(6) may include with the report the information listed under section 4 of this chapter.

[Pre-1996 Recodification Citation: 13-7-27-6.]

As added by P.L.1-1996, SEC.12. Amended by P.L.122-1996, SEC.4.
Ind. Code § 13-11-2-141 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-141
"Noncontact cooling water"
Status: in_force

Sec. 141. "Noncontact cooling water", for purposes of IC 13-18-20, means cooling water:

(1) that is discharged to waters of Indiana;

(2) that is used for the sole purpose of removing unwanted heat from a process, generally through a heat exchanger; and

(3) that does not otherwise come into contact with a production process or any raw material or manufactured product.

[Pre-1996 Recodification Citation: 13-7-16.1-1(i).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-243 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-243
"Used oil"
Status: in_force

Sec. 243. "Used oil", for purposes of IC 13-21-5-14 and environmental management laws, means a petroleum based or synthetic oil that has been used. The term includes oil that has been used for the following purposes:

(1) Lubricant for engines, turbines, or gears.

(2) Hydraulic fluid, including transmission fluid.

(3) Metal working fluid, including cutting, grinding, machining, rolling, stamping, quenching, and coating oil.

(4) Insulating fluid or coolants.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-25.5; 13-9.5-4-7.5 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-12-11 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-11
Groundwater compliance sampling fees
Status: in_force

Sec. 11. Groundwater compliance sampling fees established under this chapter apply to groundwater monitoring wells in existence at an operating land disposal facility at the time an annual operation fee concerning the land disposal facility is assessed.

[Pre-1996 Recodification Citation: 13-7-16.1-3(o).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-11-2-269 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-269
"Works"
Status: in_force

Sec. 269. "Works", for purposes of IC 13-26, means the following:

(1) For a water project, the following:

(A) Wells.

(B) Reservoirs.

(C) Dams.

(D) Pumps.

(E) Transmission mains.

(F) Distribution mains, including local and service lines.

(G) Buildings and facilities for the purification and improvement of the quality of water.

(H) Fire hydrants.

(I) Meters.

(J) Storage facilities for the water.

(K) All other appurtenances or equipment:

(i) necessary;

(ii) useful; or

(iii) convenient;

in the operation of waterworks.

(2) For a sewage project, the following:

(A) Sewage treatment plants.

(B) Intercepting sewers.

(C) Main sewers.

(D) Submain sewers.

(E) Local sewers.

(F) Lateral sewers.

(G) Outfall sewers.

(H) Force mains.

(I) Pumping stations.

(J) Ejector stations.

(K) All other appurtenances or equipment necessary, useful, or convenient for the:

(i) collection and treatment;

(ii) purification; and

(iii) disposal;

of liquid and solid waste, sewage, night soil, and industrial waste.

(3) For a solid waste project, the following:

(A) An area or plant designed primarily for the collection and treatment of solid waste.

(B) An area or plant designed for the purpose of reducing the volume of solid waste that must finally be disposed of, including the following:

(i) Incinerators.

(ii) Pulverizers.

(iii) Compactors.

(iv) Shredding and baling plants.

(v) Transfer stations.

(vi) Compost plants.

(C) An area or plant that provides for:

(i) collection;

(ii) separation;

(iii) recycling; and

(iv) recovery;

of solid wastes.

(D) Sanitary landfills reviewed and approved by the department before purchase of land or equipment.

[Pre-1996 Recodification Citation: 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-16-4 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-4
Emergency repairs or proceedings
Status: in_force

Sec. 4. This chapter does not preclude emergency repairs or proceedings.

[Pre-1996 Recodification Citation: 13-7-14-1(g).]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-18-22-7 — Indiana Code / Title 13 / Article 18 / Chapter 22 / Section 13-18-22-7
Department action on wetland permits; forms
Status: in_force

Sec. 7. (a) The department shall:

(1) administer the permit programs established by this chapter; and

(2) review and issue decisions on applications for permits to undertake wetland activities in state regulated wetlands in accordance with the requirements under this chapter.

(b) The department shall make available to the public a form for use in applying for a permit under this chapter.

As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.9; P.L.160-2021, SEC.11; P.L.1-2024, SEC.10.
Ind. Code § 13-25-1-7 — Indiana Code / Title 13 / Article 25 / Chapter 1 / Section 13-25-1-7
Assistance from public or private sources; implementation of chapter
Status: in_force

Sec. 7. The commission may receive:

(1) appropriations;

(2) grants;

(3) donations;

(4) equipment;

(5) supplies; and

(6) services;

from a public or a private source to assist the commission in implementing this chapter.

[Pre-1996 Recodification Citation: 13-7-36-8.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-26-4-2 — Indiana Code / Title 13 / Article 26 / Chapter 4 / Section 13-26-4-2
Elections; vacancies
Status: in_force

Sec. 2. An order establishing a district may provide for the board to be elected by the voters in the district from districts or wards or from the district at large. Elections and provisions for filling vacancies must be in accordance with IC 3, with the commissioner or the commissioner's designees performing the functions of the election officials.

[Pre-1996 Recodification Citation: 13-3-2-5(d) part.]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-18-11-12 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-12
Plant operators; vacancies; provisional certification
Status: in_force

Sec. 12. (a) When a vacancy in a position of operator occurs due to death, resignation, extended illness, or a similar cause, the vacancy may be filled for a period not exceeding one (1) year by an operator with a provisional certification.

(b) On written request of the governing body or owner of a wastewater or public water system, the commissioner may issue a provisional certification under subsection (a) to a person with the required education and experience qualifications, until the person has had an opportunity to qualify by examination and be certified under this chapter.

[Pre-1996 Recodification Citation: 13-1-6-6(c).]

As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.13.
Ind. Code § 13-20-14-5.3 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-5.3
Retention and availability of manifests
Status: in_force

Sec. 5.3. A person that is the source of more than twelve (12) waste tires per year, or the equivalent in passenger tire equivalents, including tire retailers, auto salvagers, and sellers of used tires, shall:

(1) retain a copy of manifests received from a waste tire transporter under section 5 of this chapter for at least one (1) year; and

(2) make a copy of the manifests available to the department upon request.

As added by P.L.93-1998, SEC.17. Amended by P.L.37-2012, SEC.38.
Ind. Code § 13-14-9-5 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-5
Adoption; prerequisites
Status: in_force

Sec. 5. (a) A board may not adopt a rule until all of the following occur:

(1) The board holds a board meeting on the proposed rule.

(2) The department, after approval of the proposed rule by the board under subsection (c), publishes the information in the Indiana Register required by section 4 of this chapter. However, a notice of an additional public comment period under section 4.5 of this chapter must request the submission of comments, including suggestions of specific amendments, that concern only the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in the immediately preceding notice under section 4 or (if applicable) 4.5 of this chapter.

(3) The board, after publication of the notice under subdivision (2), holds another board meeting on the proposed rule.

(4) If an additional public comment period is required under section 4.5 of this chapter, the department publishes notice of the additional public comment period in the Indiana Register.

(b) Board meetings held under subsection (a)(1) and (a)(3) shall be conducted in accordance with IC 4-22-2-26(b) through IC 4-22-2-26(d).

(c) At a board meeting held under subsection (a)(1), the board shall determine whether the proposed rule will:

(1) proceed to publication under subsection (a)(2);

(2) be subject to additional comments under section 4.5 of this chapter; or

(3) be reconsidered at a subsequent board meeting in accordance with IC 4-22-2-26(d).

[Pre-1996 Recodification Citation: 13-7-7.1-5.]

As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.4; P.L.2-1998, SEC.48; P.L.224-1999, SEC.2; P.L.123-2006, SEC.29; P.L.249-2023, SEC.56.
Ind. Code § 13-11-2-85.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-85.5
Repealed
Status: repealed

As added by P.L.90-1998, SEC.4. Repealed by P.L.97-2004, SEC.133.
Ind. Code § 13-20-17.7-0.5 — Indiana Code / Title 13 / Article 20 / Chapter 17.7 / Section 13-20-17.7-0.5
Goal of mercury switch removal program; implementation meets national standards
Status: in_force

Sec. 0.5. (a) The goal of the program established under this chapter is to remove at least eighty percent (80%) of all mercury switches from end of life vehicles processed in Indiana by motor vehicle recyclers.

(b) Implementing the program established under this chapter addresses the mercury national emission standards for hazardous air pollutants for facilities using recycled steel.

As added by P.L.114-2008, SEC.19.
Ind. Code § 13-22-3-2 — Indiana Code / Title 13 / Article 22 / Chapter 3 / Section 13-22-3-2
Issuance
Status: in_force

Sec. 2. The department shall issue permits for a hazardous waste facility constructed and operated in compliance with rules adopted by the board.

[Pre-1996 Recodification Citation: 13-7-8.5-5(b) part, (f).]

As added by P.L.1-1996, SEC.12. Amended by P.L.113-2014, SEC.76.
Ind. Code § 13-18-27-12 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-12
"Small construction activity site"
Status: in_force

Sec. 12. As used in this chapter, "small construction activity site" means:

(1) a site at which construction activities result in land disturbance of at least one (1) but less than five (5) acres; or

(2) a site:

(A) at which construction activities result in land disturbance of less than one (1) acre; but

(B) that is part of a larger common plan of development or sale in which construction activities will ultimately result in land disturbance of at least one (1) but less than five (5) acres.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-18-24-3 — Indiana Code / Title 13 / Article 18 / Chapter 24 / Section 13-18-24-3
"Plastic"
Status: in_force

Sec. 3. As used in this chapter, "plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that may be molded or extruded at high heat into various solid forms that retain the defined shapes of the solid forms:

(1) during the life cycle of; and

(2) after the disposal of;

the solid forms.

As added by P.L.21-2015, SEC.5.
Ind. Code § 13-18-8-2 — Indiana Code / Title 13 / Article 18 / Chapter 8 / Section 13-18-8-2
Compliance by municipality; bond issue
Status: in_force

Sec. 2. (a) If the offender is a municipal corporation, the cost of:

(1) acquisition, construction, repair, alteration, or extension of the necessary plants, machinery, or works; or

(2) taking other steps that are necessary to comply with the order;

shall be paid out of money on hand available for these purposes or out of the general money of the municipal corporation not otherwise appropriated.

(b) If there is not sufficient money on hand or unappropriated, the necessary money shall be raised by the issuance of bonds. The bond issue is subject only to the approval of the department of local government finance (before July 1, 2008).

[Pre-1996 Recodification Citation: 13-1-3-12(a) part.]

As added by P.L.1-1996, SEC.8. Amended by P.L.90-2002, SEC.367; P.L.224-2007, SEC.103; P.L.146-2008, SEC.421.
Ind. Code § 13-25-4-14 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-14
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.7-10.7(d).]

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.264.
Ind. Code § 13-21-14-6 — Indiana Code / Title 13 / Article 21 / Chapter 14 / Section 13-21-14-6
Contesting validity; time limitation
Status: in_force

Sec. 6. An action to contest:

(1) the validity of the fees adopted; or

(2) the procedure by which the fees were adopted;

must be brought within thirty (30) days following the adoption of the fees under section 5 of this chapter.

[Pre-1996 Recodification Citation: 13-9.5-9-2(f).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-85.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-85.6
"Foreclosure"
Status: in_force

Sec. 85.6. "Foreclosure", for purposes of sections 148(e)(2), 150(c), and 151(e) of this chapter, means the acquisition of a vessel or facility for purposes of IC 13-25-4-8(c), an underground storage tank or aboveground storage tank for purposes of IC 13-23-13, or a petroleum facility for purposes of IC 13-24-1 through any of the following:

(1) If the vessel or facility, underground storage tank or aboveground storage tank, or petroleum facility was security for an extension of credit previously contracted:

(A) purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure;

(B) a deed in lieu of foreclosure or a similar conveyance from a trustee; or

(C) repossession.

(2) Conveyance under an extension of credit previously contracted, including the termination of a lease agreement.

(3) Any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a vessel or facility, underground storage tank or aboveground storage tank, or petroleum facility in order to protect the security interest of the person.

As added by P.L.159-2011, SEC.3. Amended by P.L.176-2023, SEC.18.
Ind. Code § 13-26-9-1 — Indiana Code / Title 13 / Article 26 / Chapter 9 / Section 13-26-9-1
Effect of chapter
Status: in_force

Sec. 1. This article does not limit the following:

(1) The formation and operation under IC 8-1-2-89 of a sewage disposal company to provide sewage disposal service to a territory lying in the territory of a district.

(2) The granting of a certificate of territorial authority under IC 8-1-2-89 encompassing a part of the territory within the district.

[Pre-1996 Recodification Citation: 13-3-2-7(a).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-20-20-7 — Indiana Code / Title 13 / Article 20 / Chapter 20 / Section 13-20-20-7
Documentation of expenditures; source of funds; unexpended grant money
Status: in_force

Sec. 7. (a) A grantee shall submit to the department documentation of all project expenditures within:

(1) thirty (30) days after completion of the project; or

(2) twelve (12) months after the grant is awarded;

whichever occurs first.

(b) A grantee shall specify the source of money expended on a project for both ineligible costs and eligible costs.

(c) Unexpended grant money shall be returned to the hazardous substances trust fund within sixty (60) days after the department has:

(1) completed the department's final audit of project expenditures; and

(2) notified the grantee, in writing, of the unexpended amount.

[Pre-1996 Recodification Citation: 13-7-33-12.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-14-9-13 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-13
Rejection; public comment
Status: in_force

Sec. 13. If a board rejects a proposed rule under section 12 of this chapter, the proposed rule is subject to section 4 of this chapter whether or not the proposed rule has previously been the subject of the comment period required by section 4 of this chapter.

[Pre-1996 Recodification Citation: 13-7-7.1-13.]

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-23-8-4.5 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-4.5
Repealed
Status: repealed

As added by P.L.67-1996, SEC.8. Amended by P.L.14-2001, SEC.10. Repealed by P.L.96-2016, SEC.26.
Ind. Code § 13-11-2-151.4 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-151.4
"Participate in management" for purposes of IC 13-25-4
Status: in_force

Sec. 151.4. (a) "Participate in management", for purposes of IC 13-25-4, means actually participating in the management or operational affairs of a vessel or facility.

(b) The term does not include the following:

(1) Merely having the capacity to influence, or the unexercised right to control, vessel or facility operations.

(2) Performing an act or failing to perform an act before the time at which a security interest is created in a vessel or facility.

(3) Holding a security interest or abandoning a security interest.

(4) Including in the terms of an extension of credit, or in a contract or security agreement relating to the extension, a covenant, a warranty, or another term or condition that relates to environmental compliance.

(5) Monitoring or enforcing the terms and conditions of the extension of credit or security interest.

(6) Monitoring or undertaking at least one (1) inspection of a vessel or facility.

(7) Requiring a response action or other lawful means of addressing the release or threatened release of a hazardous substance in connection with the vessel or facility before, during, or on the expiration of the term of the extension of credit.

(8) Providing financial advice or other advice or counseling in an effort to mitigate, prevent, or cure default or decrease in the value of a vessel or facility.

(9) Restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or security interest, exercising forbearance.

(10) Exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement.

(11) Conducting a response action under Section 107(d) of CERCLA (42 U.S.C. 9607(d)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan, unless the person conducting the response action assumes or manifests responsibility:

(A) for the overall management of the vessel or facility, encompassing day to day decision making with respect to environmental compliance; or

(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the vessel or facility other than the function of environmental compliance.

(c) As used in this section, "extension of credit" includes a lease finance transaction:

(1) in which the lessor does not initially select the leased vessel or facility and does not during the lease term control the daily operations or maintenance of the vessel or facility; or

(2) that conforms with regulations issued by:

(A) the appropriate federal banking agency or the appropriate state bank supervisor (as those terms are defined in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813); or

(B) the National Credit Union Administration Board.

As added by P.L.90-1998, SEC.11.
Ind. Code § 13-30-3-10 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-10
Orders; determinations
Status: in_force

Sec. 10. In accordance with the procedure set forth in this chapter, the commissioner shall:

(1) issue and enter an order; or

(2) make any other determination;

that the commissioner considers appropriate.

[Pre-1996 Recodification Citation: 13-7-11-5(a).]

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-20-13-9 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-9
Waste tire management fund; use of funds
Status: in_force

Sec. 9. (a) The department may use money in the fund to assist the department in:

(1) removing waste tires from sites where waste tires have been disposed of improperly;

(2) properly managing waste tires;

(3) performing surveillance and enforcement activities used to implement proper waste tire management; and

(4) conducting the waste tire education program under section 15 of this chapter.

(b) The department may use money in the fund to provide grants and loans to entities to establish and operate programs involving the following:

(1) Recycling or reuse of waste tires.

(2) Using waste tires as a source of fuel.

(3) Developing markets for waste tires and products containing recycled or reused waste tires.

(c) The board may adopt rules under IC 4-22-2 and IC 13-14-9 necessary to implement this section.

[Pre-1996 Recodification Citation: 13-7-23-12.]

As added by P.L.1-1996, SEC.10. Amended by P.L.1-2006, SEC.203; P.L.204-2007, SEC.15; P.L.133-2012, SEC.144.
Ind. Code § 13-11-2-146 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-146
"Open dump"
Status: in_force

Sec. 146. "Open dump", for purposes of environmental management laws, means the consolidation of solid waste from one (1) or more sources or the disposal of solid waste at a single disposal site that:

(1) does not fulfill the requirements of a sanitary landfill or other land disposal method as prescribed by law or regulations; and

(2) is established and maintained:

(A) without cover; and

(B) without regard to the possibilities of contamination of surface or subsurface water resources.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-16(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-10-4 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-4
Repealed
Status: repealed

As added by P.L.124-1996, SEC.10. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-19-1-3 — Indiana Code / Title 13 / Article 19 / Chapter 1 / Section 13-19-1-3
Differential treatment; injunctive relief
Status: in_force

Sec. 3. (a) The state may not impose differential treatment against solid waste involved in interstate commerce unless:

(1) authorized by federal law;

(2) differential treatment of solid waste in interstate commerce equalizes financial, regulatory, or enforcement burdens among:

(A) persons engaged in or benefitting from the interstate commerce; or

(B) any other group of persons; or

(3) the differential treatment serves a legitimate state purpose that could not be served as well by reasonably available means that did not impose differential treatment.

(b) A court may enjoin a violation of this section but may not award monetary damages or attorney's fees against any of the following:

(1) The state.

(2) A state agency.

(3) An officer or employee of the state.

[Pre-1996 Recodification Citation: 13-7-1-1(d).]

As added by P.L.1-1996, SEC.9.
Ind. Code § 13-22-4-3 — Indiana Code / Title 13 / Article 22 / Chapter 4 / Section 13-22-4-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.5-7(c).]

As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.
Ind. Code § 13-18-22-8 — Indiana Code / Title 13 / Article 18 / Chapter 22 / Section 13-18-22-8
Department action on wetland permits; effective dates of permits; amended permit application
Status: in_force

Sec. 8. (a) The department shall make a decision to issue or deny an individual permit under section 3 of this chapter not later than ninety (90) days after receipt of the completed application. If the department fails to make a decision on a permit application by the deadline under this subsection or subsection (d), a permit is considered to have been issued by the department in accordance with the application.

(b) A general permit under section 4 of this chapter becomes effective with respect to a proposed wetland activity that is within the scope of the general permit on the thirty-first day after the department receives a notice of intent from the person proposing the wetland activity that the wetland activity be authorized under the general permit.

(c) The department must support a denial under subsection (a) by a written statement of reasons.

(d) The department may notify the applicant that the completed application referred to in subsection (a) is deficient. If the department fails to give notice to the applicant under this subsection not later than fifteen (15) days after the department's receipt of the completed application, the application is considered not to have been deficient. After receipt of a notice under this subsection, the applicant may submit an amended application that corrects the deficiency. The department shall make a decision to issue or deny an individual permit under the amended application within a period that ends a number of days after the date the department receives the amended application equal to the remainder of:

(1) ninety (90) days; minus

(2) the number of days the department held the initial application before giving a notice of deficiency under this subsection.

As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.10; P.L.160-2021, SEC.12; P.L.1-2024, SEC.11.
Ind. Code § 13-20-23-1 — Indiana Code / Title 13 / Article 20 / Chapter 23 / Section 13-20-23-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to townships located in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

As added by P.L.133-1998, SEC.6. Amended by P.L.119-2012, SEC.112; P.L.104-2022, SEC.84.
Ind. Code § 13-11-2-24 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-24
"CERCLA"
Status: in_force

Sec. 24. "CERCLA", for purposes of IC 13-25-4, refers to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.), as in effect on January 1, 1987.

[Pre-1996 Recodification Citation: 13-7-8.7-1(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-20-4 — Indiana Code / Title 13 / Article 20 / Chapter 20 / Section 13-20-20-4
Project costs
Status: in_force

Sec. 4. (a) Estimated project costs submitted under section 3(b)(5) of this chapter must include the following:

(1) Eligible project costs.

(2) Ineligible project costs.

(b) Project costs that are ineligible for grant funding may not be used to fulfill a grantee's match requirement. A grantee is responsible for all project costs except the costs funded by a grant.

(c) Ineligible project costs include the following:

(1) Costs incurred before the approval of a grant.

(2) Costs incurred more than twenty-four (24) months after a grant has been accepted.

(3) Costs incurred by a grantee that exceed original estimated eligible project costs indicated in a grant application.

(4) Other costs that are not specifically related to a project as determined by the department.

(d) Eligible project costs may be:

(1) used to fulfill the grantee's match requirement; and

(2) funded by the grant.

(e) Project costs that are not ineligible under subsection (c) are eligible project costs for purposes of subsection (d).

[Pre-1996 Recodification Citation: 13-7-33-9.]

As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.6.
Ind. Code § 13-18-27-11 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-11
"Sedimentation"
Status: in_force

Sec. 11. As used in this chapter, "sedimentation" means the settling and accumulation of unconsolidated sediment carried by storm water runoff.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-27-2-5 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9-2-5.]

As added by P.L.1-1996, SEC.17. Amended by P.L.2-1997, SEC.50. Repealed by P.L.135-2026, SEC.283.
Ind. Code § 13-20-25-1 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-1
State recycling or diversion goal
Status: in_force

Sec. 1. The goal of the state is to recycle or divert at least fifty percent (50%) of its municipal waste.

As added by P.L.126-2014, SEC.9. Amended by P.L.135-2026, SEC.208.
Ind. Code § 13-17-5-1 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-1
Rules
Status: in_force

Sec. 1. The board may adopt rules for the control of emissions from vehicles. However, the board must, before adopting the rules, forward to each member of the general assembly a copy of the proposed rules. The rules may prescribe requirements for the following:

(1) The installation and use of equipment designed to reduce or eliminate emissions.

(2) The proper maintenance of that equipment and of vehicles.

[Pre-1996 Recodification Citation: 13-1-1-6(a) part.]

As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.121.
Ind. Code § 13-13-3-3 — Indiana Code / Title 13 / Article 13 / Chapter 3 / Section 13-13-3-3
Creation of additional offices and divisions
Status: in_force

Sec. 3. The commissioner may create other offices and divisions.

[Pre-1996 Recodification Citation: 13-7-2-13(c).]

As added by P.L.1-1996, SEC.3.
Ind. Code § 13-11-2-40.9 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-40.9
"Construction activities"
Status: in_force

Sec. 40.9. "Construction activities", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-2.

As added by P.L.248-2019, SEC.1.
Ind. Code § 13-18-26-7 — Indiana Code / Title 13 / Article 18 / Chapter 26 / Section 13-18-26-7
Denial of permit application for failure to include notarized certification
Status: in_force

Sec. 7. Failure to include a notarized certification with an application for a permit described in section 1(a) or 1(b) of this chapter constitutes grounds for denial of the permit application.

As added by P.L.126-2018, SEC.6. Amended by P.L.15-2019, SEC.15.
Ind. Code § 13-11-2-109 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-109
"Industrial pretreatment permit"
Status: in_force

Sec. 109. "Industrial pretreatment permit", for purposes of IC 13-18-20, refers to a permit issued by the state to an industry discharging to a publicly owned treatment works that:

(1) meets the criteria set forth in the applicable rules or regulations; and

(2) has been approved by the commissioner in accordance with the applicable rules or regulations.

[Pre-1996 Recodification Citation: 13-7-16.1-1(d).]

As added by P.L.1-1996, SEC.1. Amended by P.L.135-2026, SEC.22.
Ind. Code § 13-24-1-7 — Indiana Code / Title 13 / Article 24 / Chapter 1 / Section 13-24-1-7
Use of funds; petroleum facility expenses
Status: in_force

Sec. 7. The commissioner may use money in the hazardous substances response trust fund to pay the following expenses associated with petroleum facilities:

(1) Expenses incurred by the state for:

(A) a removal or remedial action that is ordered or undertaken under section 2 of this chapter; and

(B) enforcement of this chapter.

(2) Expenses incurred by the state under section 4 of this chapter in recovering the costs of a removal or remedial action.

(3) Administrative expenses and personnel expenses incurred by the state in carrying out this chapter.

[Pre-1996 Recodification Citation: 13-7-20.1-12.]

As added by P.L.1-1996, SEC.14.
Ind. Code § 13-18-2-3 — Indiana Code / Title 13 / Article 18 / Chapter 2 / Section 13-18-2-3
Department preparation of list of impaired waters; posting of list to website; link in Indiana Register; methodology; establishing total maximum daily load for a surface water
Status: in_force

Sec. 3. (a) The department shall prepare a list of impaired waters for the purpose of complying with federal regulations implementing Section 303(d) of the federal Clean Water Act (33 U.S.C. 1313(d)). In determining whether a water body is impaired, the department shall consider all existing and readily available water quality data and related information. The department, before submitting the list to the United States Environmental Protection Agency, shall:

(1) post the list to the department's website;

(2) publish in the Indiana Register a link to the list posted to the department's website;

(3) make the list available for public comment for at least forty-five (45) days; and

(4) provide information about the list to the board.

(b) The board shall adopt a rule that:

(1) establishes the methodology to be used in identifying waters as impaired; and

(2) specifies the methodology and criteria for including and removing waters from the list of impaired waters.

(c) In the establishment of the total maximum daily load for a surface water under Section 303(d)(1)(C) of the federal Clean Water Act (33 U.S.C. 1313(d)(1)(C)), the department shall, in identifying the surface water under Section 303(d)(1)(A) of the federal Clean Water Act (33 U.S.C. 1313(d)(1)(A)), make every reasonable effort to identify the pollutant or pollutants under consideration for the establishment of the total maximum daily load.

(d) The department shall comply with subsection (e) if either of the following applies:

(1) The department:

(A) is unable, in identifying the surface water as described in subsection (c), to identify the pollutant or pollutants under consideration for the establishment of the total maximum daily load; and

(B) determines, after identifying the surface water as described in subsection (c), that one (1) or more pollutants should be under consideration for establishment of the total maximum daily load.

(2) The department:

(A) in identifying the surface water as described in subsection (c), identifies the pollutant or pollutants under consideration for the establishment of the total maximum daily load; and

(B) determines, after identifying the pollutant or pollutants as described in clause (A), that one (1) or more other pollutants should be under consideration for establishment of the total maximum daily load.

(e) The department complies with subsection (d) if the department does the following before making a pollutant or pollutants the subject of consideration for the establishment of the total maximum daily load:

(1) Determines and demonstrates that either or both of the following apply:

(A) The surface water does not attain water quality standards (as established by rule) due to an individual pollutant, multiple pollutants, pollution, or an unknown cause of impairment.

(B) The surface water:

(i) receives a thermal discharge from one (1) or more point sources; and

(ii) does not have or maintain a balanced indigenous population of shellfish, fish, and wildlife.

(2) Posts on the department's website the determination referred to in subdivision (1).

(3) Makes the determination referred to in subdivision (1) available for public comment for at least forty-five (45) days.

(4) Presents the determination referred to in subdivision (1) to the commissioner for final approval after the comment period under subdivision (3).

As added by P.L.140-2000, SEC.16. Amended by P.L.78-2009, SEC.14; P.L.100-2021, SEC.7; P.L.23-2026, SEC.93; P.L.135-2026, SEC.144.
Ind. Code § 13-25-5-18 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-18
Covenant not to sue; conditions in covenants not to sue and certificates of completion; immunity from actions; exceptions
Status: in_force

Sec. 18. (a) If the commissioner issues a certificate to a person under section 16 of this chapter, the governor shall also provide the person with a covenant not to sue for any liability, including future liability, or a claim resulting from or based upon the release or threatened release of a hazardous substance or petroleum that is addressed by an approved voluntary remediation work plan under this chapter.

(b) A covenant not to sue issued under this section bars suit against:

(1) a person who received the certificate of completion under section 16 of this chapter; or

(2) any other person who receives the certificate of completion:

(A) through a legal transfer of the certificate of completion; or

(B) by acquiring property to which the certificate of completion applies;

from all public or private claims arising under this title or rules adopted under this title in connection with the release or threatened release of a hazardous substance or petroleum that was the subject of the approved voluntary remediation work plan, except as provided in subsection (c).

(c) A covenant not to sue issued under this section may not apply to future liability for a condition or the extent of a condition that:

(1) was present:

(A) on property that was involved in an approved and completed voluntary remediation work plan; and

(B) at the time the commissioner issued the certificate of completion under section 16 of this chapter; and

(2) was not known to the commissioner at the time the commissioner issued the certificate of completion under section 16 of this chapter.

(d) A certificate of completion issued under section 16 of this chapter may include conditions that must be performed or maintained after issuance of the certificate.

(e) A covenant not to sue issued under this section may include conditions that must be performed or maintained after issuance of the covenant.

(f) Except as:

(1) provided under federal law; or

(2) agreed to by a federal governmental entity;

a covenant not to sue issued under this section may not release a person from liability to the federal government for claims based on federal law.

(g) After an applicant and the department have signed a voluntary remediation agreement, a person may not bring an action, including an administrative action, against the applicant or any other person proceeding under this chapter on behalf of the applicant for any cause of action arising under this title or rules adopted under this title and relating to the release or threatened release of a hazardous substance or petroleum that is the subject of the agreement. However, this section does not apply if:

(1) the applicant fails to file a proposed voluntary remediation work plan within the time period established in section 8(a)(8) of this chapter;

(2) the commissioner rejects a proposed voluntary remediation work plan submitted in good faith and the rejection is upheld in any appeal brought under section 12 of this chapter;

(3) the applicant or another person proceeding under this chapter on behalf of the applicant fails to complete a voluntary remediation in accordance with an approved voluntary remediation work plan; or

(4) the commissioner withdraws the commissioner's approval of the voluntary remediation work plan and the withdrawal is upheld in any appeal under section 19 of this chapter.

However, if the commissioner withdraws approval of the plan under section 19(a)(2) of this chapter, the commissioner may bring an action, including an administrative action, against the applicant.

(h) A person who purchases property that is the subject of a voluntary remediation agreement at the time the property is purchased may not be subject to an enforcement action to the same extent as an applicant under subsection (g).

[Pre-1996 Recodification Citation: 13-7-8.9-18.]

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.21; P.L.78-2009, SEC.19.
Ind. Code § 13-18-9-3 — Indiana Code / Title 13 / Article 18 / Chapter 9 / Section 13-18-9-3
Phosphorus limitations; exemptions
Status: in_force

Sec. 3. (a) A person may not use, sell, or otherwise dispose of any detergent containing phosphorus, except:

(1) for those amounts not exceeding one-half percent (0.5%) by weight incidental to manufacturing; and

(2) in accordance with rules adopted under IC 4-22-2 by the board;

in Indiana or into the boundary waters of Indiana from a source within Indiana.

(b) The concentration of phosphorus shall be determined by the applicable method prescribed by the American Society for Testing and Materials.

[Pre-1996 Recodification Citation: 13-1-5.5-3(a), (b).]

As added by P.L.1-1996, SEC.8. Amended by P.L.113-2014, SEC.71.
Ind. Code § 13-20-25-8.5 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-8.5
Products sold as fuel
Status: in_force

Sec. 8.5. For the purposes of this title, products sold as fuel are not considered recycled products.

As added by P.L.54-2023, SEC.23.
Ind. Code § 13-26-2-1 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-1
Petitions to organize district
Status: in_force

Sec. 1. The establishment of a regional district may be initiated only by a petition filed with the department. A copy of the petition shall also be filed not later than ten (10) days after the filing with the department in the office of the executive of each governmental entity having territory within the proposed district.

[Pre-1996 Recodification Citation: 13-3-2-3(a).]

As added by P.L.1-1996, SEC.16. Amended by P.L.133-1997, SEC.1.
Ind. Code § 13-20-17.5-3 — Indiana Code / Title 13 / Article 20 / Chapter 17.5 / Section 13-20-17.5-3
Mercury thermometers
Status: in_force

Sec. 3. (a) This section does not apply to a mercury thermometer or to a thermometer if:

(1) the thermometer uses a mercury-added button cell battery; and

(2) the only mercury contained in the thermometer is found in the mercury-added button cell battery.

(b) Except as provided in subsection (c), after July 1, 2003, a person may sell or supply a mercury fever thermometer to an individual only if:

(1) the person is a pharmacist or a pharmacist's assistant working at a pharmacy; and

(2) the thermometers are stored in such a manner that the pharmacist or the pharmacist's assistant must obtain the thermometer for the individual.

(c) A licensed practitioner of medicine may sell or supply a mercury fever thermometer to an individual.

As added by P.L.225-2001, SEC.15.
Ind. Code § 13-11-2-243.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-243.5
"Used tire"
Status: in_force

Sec. 243.5. "Used tire", for purposes of IC 13-20-13 and IC 13-20-14, means a tire that meets all of the following criteria:

(1) The tire is suitable for use on a motor vehicle as follows:

(A) The tire has at least two thirty-seconds (2/32) of an inch of remaining tread, or the tire wear bars are not exposed.

(B) The tire has no cuts, slashes, or exposed cord.

(2) The tire is stored in a rack, stack, or row that:

(A) is accessible for inspection; and

(B) allows access for emergency equipment.

(3) The tire is stored out of the weather to prevent accumulation of water or precipitation in the tires.

As added by P.L.27-2020, SEC.1.
Ind. Code § 13-25-5-12 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-12
Voluntary remediation work plan; rejection; notice; appeal
Status: in_force

Sec. 12. If the commissioner rejects a proposed voluntary remediation work plan under section 10 of this chapter:

(1) the commissioner shall, under applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), notify the applicant and specify the reasons for rejecting the work plan; and

(2) the applicant may appeal the commissioner's decision under IC 4-21.5.

[Pre-1996 Recodification Citation: 13-7-8.9-15(c).]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-22-10-1 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-1
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.6-2.3.]

As added by P.L.1-1996, SEC.12. Repealed by P.L.124-1996, SEC.30.
Ind. Code § 13-11-2-99 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-99
"Hazardous waste"
Status: in_force

Sec. 99. (a) "Hazardous waste", for purposes of section 96(a) of this chapter, IC 13-19, and environmental management laws, means a solid waste or combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:

(1) cause or significantly contribute to an increase in:

(A) mortality;

(B) serious irreversible illness; or

(C) incapacitating reversible illness; or

(2) pose a substantial present or potential hazard to:

(A) human health; or

(B) the environment;

when improperly treated, stored, transported, disposed of, or otherwise managed.

(b) "Hazardous waste", for purposes of IC 13-22-10, includes a waste determined to be a hazardous waste under IC 13-22-2-3(b).

(c) "Hazardous waste", for purposes of IC 13-22-11, has the meaning set forth in the federal Resource Conservation and Recovery Act (42 U.S.C. 6903(5)), as in effect January 1, 1989.

(d) "Hazardous waste", for purposes of IC 13-22-12-3.5, includes any waste that:

(1) meets the definition set forth in subsection (a);

(2) is determined to be hazardous under the criteria developed under IC 13-22-2-3(a); or

(3) is included on the list compiled and maintained by the board under IC 13-22-2-3(b).

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-3-19(b) part; 13-1-12-4; 13-7-1-3 part; 13-7-1-12; 13-7-8.6-2(f) part; subsection (b) formerly 13-7-8.6-2(f) part; subsection (c) formerly 13-7-27-1.]

As added by P.L.1-1996, SEC.1. Amended by P.L.220-2014, SEC.6.
Ind. Code § 13-11-2-113 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-113
"Joint solid waste management district" or "joint district"
Status: in_force

Sec. 113. "Joint solid waste management district" or "joint district", for purposes of IC 13-21, refers to a solid waste management district that consists of at least two (2) counties.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-18.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-11.5-3 — Indiana Code / Title 13 / Article 22 / Chapter 11.5 / Section 13-22-11.5-3
Residue of utilization of secondary material not exempt; status determination
Status: in_force

Sec. 3. A residue of the utilization of a secondary material that does not itself qualify as an exempt secondary material is subject to a new determination as to its status as a hazardous waste, and, if listed under IC 13-22-2-3(b), does not retain the listing of the secondary material from which it may have been derived.

As added by P.L.45-1997, SEC.21.
Ind. Code § 13-11-2-125 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-125
"Manifest"
Status: in_force

Sec. 125. "Manifest", for purposes of environmental management laws except IC 13-20-4-7, means the form used for identifying the:

(1) quantity;

(2) composition; and

(3) origin, routing, and destination;

of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-14; 13-7-31-12(e).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-23-13-7.5 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-7.5
Recovery of certain costs
Status: in_force

Sec. 7.5. IC 34-11-2-11.5 applies to an action brought under section 8(b) of this chapter.

As added by P.L.154-2011, SEC.1.
Ind. Code § 13-11-2-199 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-199
"Semipublic permit"
Status: in_force

Sec. 199. "Semipublic permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a privately owned treatment works (as defined in 33 U.S.C. 1292(2)).

[Pre-1996 Recodification Citation: 13-7-16.1-1(j).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-11-2 — Indiana Code / Title 13 / Article 22 / Chapter 11 / Section 13-22-11-2
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-27-5.]

As added by P.L.1-1996, SEC.12. Repealed by P.L.135-2026, SEC.234.
Ind. Code § 13-23-8-5 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20-33(e).]

As added by P.L.1-1996, SEC.13. Repealed by P.L.96-2016, SEC.27.
Ind. Code § 13-18-10-3 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-3
Enforcement of chapter
Status: in_force

Sec. 3. This chapter, including requirements established in a department approval under section 2 of this chapter, may be enforced under IC 13-30-3 or IC 13-14-2-6.

[Pre-1996 Recodification Citation: 13-1-5.7-4.]

As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.9.
Ind. Code § 13-22-10-21 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-21
Repealed
Status: repealed

As added by P.L.124-1996, SEC.27. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-20-14-5 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-5
Waste tire transporters; registration; manifest forms; fees; retention and furnishing of manifest copies
Status: in_force

Sec. 5. (a) A person may not act as a waste tire transporter, as defined in IC 13-11-2-252, unless the person is registered with the department as a waste tire transporter. To apply for a certificate of registration as a waste tire transporter, a person must submit the following to the department:

(1) The person's name.

(2) The address of the person's principal office.

(3) The addresses of any offices maintained by the person in Indiana.

(4) Evidence of financial assurance in the amount of at least ten thousand dollars ($10,000). The financial assurance must be in the form of:

(A) a bond for performance, executed by a corporate surety licensed to do business in Indiana;

(B) a negotiable certificate of deposit; or

(C) a negotiable letter of credit;

payable to the department and conditional upon faithful performance of the requirements of this chapter and the registration.

(b) The department must adopt a manifest form and require a waste tire transporter to prepare and carry a manifest based upon that form each time a waste tire transporter transports waste tires. The format and wording of the form must require a waste tire transporter to enter information in each manifest indicating the source and number of waste tires to be transported and the destination to which the waste tires are transported.

(c) A person who acts as a waste tire transporter in Indiana shall pay an annual registration fee of twenty-five dollars ($25) that shall be deposited in the waste tire management fund and appropriated to the department for the department's use in providing for the removal and disposal of waste tires from sites where the waste tires have been disposed of improperly.

(d) A waste tire transporter shall do the following:

(1) Retain a copy of a manifest described under this section for at least one (1) year.

(2) Make a copy of a manifest described under this section available to the department upon request.

(3) Record the number of passenger tire equivalents transported by the waste tire transporter and provide the records to the department upon request.

(4) Maintain financial assurance acceptable to the department in accordance with subsection (a)(4).

(e) The commissioner may include in a certificate of registration issued under this chapter conditions that ensure compliance with:

(1) this chapter; and

(2) rules adopted by the board under this chapter;

including a compliance schedule.

(f) The department may deny an application to register under this chapter if:

(1) the application is incomplete;

(2) the applicant has failed to comply with the requirements of:

(A) this chapter;

(B) IC 13-20-13; or

(C) a rule adopted by the board under IC 13-20-13-11; or

(3) an enforcement action is pending against the applicant.

[Pre-1996 Recodification Citation: 13-7-23.2-13.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.16; P.L.37-2012, SEC.37; P.L.135-2026, SEC.201.
Ind. Code § 13-11-2-20 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-20
"Business"
Status: in_force

Sec. 20. "Business", for purposes of IC 13-27, means a person that carries on a business or commercial operation in Indiana.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-4.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-17-15-1 — Indiana Code / Title 13 / Article 17 / Chapter 15 / Section 13-17-15-1
"Drug"
Status: in_force

Sec. 1. As used in this chapter, "drug" means:

(1) a drug, as defined in IC 16-42-19-2; or

(2) a controlled substance, as defined in IC 35-48-1.1-7.

As added by P.L.181-2018, SEC.4. Amended by P.L.186-2025, SEC.100.
Ind. Code § 13-11-2-71.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-71.2
"Environmental restrictive ordinance"
Status: in_force

Sec. 71.2. "Environmental restrictive ordinance" means, with respect to land, any ordinance that:

(1) is adopted by a municipal corporation (as defined in IC 36-1-2-10); and

(2) seeks to control the use of groundwater in a manner and to a degree that protects human health and the environment against unacceptable exposure to a release of hazardous substances or petroleum, or both.

As added by P.L.78-2009, SEC.2. Amended by P.L.159-2011, SEC.2.
Ind. Code § 13-21-3-18 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-18
Grants and loans from counties and municipalities
Status: in_force

Sec. 18. The executive of a county or municipality located in a district may, with the approval of the fiscal body of the county or municipality:

(1) grant or loan public money to the district; and

(2) establish procedures:

(A) for awarding grants; and

(B) for the repayment of loans.

[Pre-1996 Recodification Citation: 13-9.5-2-11.7.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-72 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-72
"Environmental wastes"
Status: in_force

Sec. 72. "Environmental wastes", for purposes of IC 13-27, means all environmental pollutants, wastes, discharges, and emissions, regardless of:

(1) whether or how they are regulated; and

(2) whether they are released to the general environment or the workplace environment.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-10.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.4; P.L.37-2012, SEC.4.
Ind. Code § 13-20-2-7 — Indiana Code / Title 13 / Article 20 / Chapter 2 / Section 13-20-2-7
Rules
Status: in_force

Sec. 7. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter.

[Pre-1996 Recodification Citation: 13-7-22-2(i).]

As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.136.
Ind. Code § 13-18-10-2.4 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-2.4
Solid manure requirements
Status: in_force

Sec. 2.4. (a) Except as provided in subsection (b), the department may not require an applicant that applies for approval under section 1 of this chapter for a facility that will contain solid manure produced from livestock on:

(1) strawpack; or

(2) dry pack bedding;

to implement design requirements typically associated with liquid manure.

(b) A facility that receives solid manure produced from livestock on:

(1) strawpack; or

(2) dry pack bedding;

shall control runoff if precipitation or surface water comes in contact with the manure.

As added by P.L.42-2026, SEC.3.
Ind. Code § 13-19-1-1 — Indiana Code / Title 13 / Article 19 / Chapter 1 / Section 13-19-1-1
Policy
Status: in_force

Sec. 1. The policy of the state is that:

(1) source reduction;

(2) recycling; and

(3) other solid waste management alternatives;

are preferred over incineration and landfill disposal as solid waste management methods.

[Pre-1996 Recodification Citation: 13-7-1-1(b).]

As added by P.L.1-1996, SEC.9.
Ind. Code § 13-18-11-10 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-10
Plant operators; certificates of competency; exceptions
Status: in_force

Sec. 10. (a) Certificates in appropriate classification shall be issued upon application and payment of the fee to operators of wastewater treatment plants who, on July 1, 1968, hold certificates of competency attained by examination under the voluntary certification program administered by:

(1) the Indiana Water Pollution Control Association; or

(2) the Indiana Section, American Water Works Association.

However, application for a certificate under this subsection must be made not later than July 1, 1969.

(b) Certificates of proper classification shall be issued upon payment of the fee without examination to each person certified by the governing body or owner to have been in direct responsible charge of the wastewater treatment plant on July 1, 1968. A certificate issued under this subsection is valid only for that particular wastewater treatment plant, which the certificate must indicate.

[Pre-1996 Recodification Citation: 13-1-6-5.]

As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.9.
Ind. Code § 13-26-8-1 — Indiana Code / Title 13 / Article 26 / Chapter 8 / Section 13-26-8-1
Applications by eligible entities to be included in district; procedure
Status: in_force

Sec. 1. After the establishment of a district, an eligible entity whose territory is not wholly included within the district may file an application with the district setting forth the following:

(1) A general description of the territory the eligible entity desires to have included in the district.

(2) The necessity for the inclusion of the territory in the district.

(3) That inclusion of the territory in the district will be conducive to the public health, safety, convenience, or welfare.

(4) That it will be practical and feasible for the territory to be included in the district.

[Pre-1996 Recodification Citation: 13-3-2-8(a).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-25-2-15 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-15
Civil actions by persons
Status: in_force

Sec. 15. (a) A person may commence a civil action on the person's behalf against the following:

(1) An owner or operator of a facility, for failure to do any of the following:

(A) Submit a follow-up emergency notice under section 7(d) of this chapter.

(B) Submit a material safety data sheet or a list under section 8 of this chapter.

(C) Complete and submit an inventory form under section 9 of this chapter containing tier I information as described in section 9 of this chapter unless the requirement does not apply under section 9(b) of this chapter.

(2) The commission, for failure to provide a mechanism for public availability of information in accordance with section 14 of this chapter.

(3) The commission, for failure to respond to a request for tier II information under section 10 of this chapter not later than one hundred twenty (120) days after the date the request is received.

(b) An action under subsection (a) against an owner or operator of a facility must be brought in a court having jurisdiction.

(c) A court has jurisdiction in actions brought under subsection (a) against an owner or operator of a facility to:

(1) enforce the requirement concerned; and

(2) impose any civil penalty provided for violation of the requirement.

(d) An action may not be commenced under subsection (a)(1)(A) until at least sixty (60) days after the date the plaintiff gives notice of the alleged violation to the state and the alleged violator. Notice must be given in the manner prescribed by the administrator under regulations adopted under 42 U.S.C. 11001 et seq.

(e) An action may not be commenced under subsection (a)(1)(B) or (a)(1)(C) until at least sixty (60) days after the date the plaintiff gives notice to the commission that the plaintiff will commence the action. Notice must be given in a manner prescribed by the administrator under regulations adopted under 42 U.S.C. 11001 et seq.

(f) An action may not be commenced under subsection (a) against an owner or operator of a facility if the administrator has commenced and is diligently pursuing an administrative order or a civil action to:

(1) enforce the requirement concerned; or

(2) impose a civil penalty under 42 U.S.C. 11001 et seq.

[Pre-1996 Recodification Citation: 13-7-37-20(a), (d), (e), (f), (g), (h).]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-21 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-21
"Business organization"
Status: in_force

Sec. 21. "Business organization", for purposes of IC 13-27, means an organization whose members include businesses.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-5.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-0.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-0.7
"ABS sensor"
Status: in_force

Sec. 0.7. "ABS sensor", for purposes of IC 13-20-17.7, refers to an anti-lock braking system G-force sensor.

As added by P.L.114-2008, SEC.4.
Ind. Code § 13-22-9-2 — Indiana Code / Title 13 / Article 22 / Chapter 9 / Section 13-22-9-2
Extent
Status: in_force

Sec. 2. The financial responsibility established under section 1 of this chapter must cover the costs of:

(1) properly closing, in an environmentally sound manner; and

(2) during postclosure, monitoring and maintaining;

the hazardous waste landfill, solid waste landfill, or transfer station.

[Pre-1996 Recodification Citation: 13-7-32-5(a).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-18-14-1 — Indiana Code / Title 13 / Article 18 / Chapter 14 / Section 13-18-14-1
Land filtration or treatment; approval required
Status: in_force

Sec. 1. Predominantly domestic sewage and surface run-off or sludges derived from domestic sewage or surface run-off may not be transported through any drain, pipe, railroad car, truck, or barge from another state into Indiana for use in any land filtration or land treatment project without the express approval of the following:

(1) The general assembly.

(2) The county executive of each county affected by the land filtration or transportation.

[Pre-1996 Recodification Citation: 13-1-11-1.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-30-9-1 — Indiana Code / Title 13 / Article 30 / Chapter 9 / Section 13-30-9-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to actions brought by the state or a person. However, this chapter does not apply to an action brought by the state if the action arises from a site:

(1) that is listed on the National Priorities List for hazardous substance response sites (40 CFR 300 et seq.);

(2) that:

(A) is considered a high priority site; or

(B) is the site of a release that is considered a high priority release;

under rules adopted by the board under IC 13-25-4-7; or

(3) that is deemed by the commissioner to pose an imminent threat to human health or the environment.

As added by P.L.59-1997, SEC.23. Amended by P.L.221-2007, SEC.22; P.L.112-2016, SEC.24.
Ind. Code § 13-22-11.5-1 — Indiana Code / Title 13 / Article 22 / Chapter 11.5 / Section 13-22-11.5-1
Construction of chapter
Status: in_force

Sec. 1. This chapter may not be construed:

(1) as allowing a person to exercise less than reasonable precautions in the handling of hazardous secondary materials; or

(2) to be less stringent than federal law.

As added by P.L.45-1997, SEC.21.
Ind. Code § 13-11-2-128.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-128.5
"Mercury-added product"
Status: in_force

Sec. 128.5. (a) "Mercury-added product", for purposes of this chapter and IC 13-20-17.5, means:

(1) a product that contains:

(A) elemental mercury;

(B) metallic mercury in an alloy;

(C) inorganic mercury salt; or

(D) organic mercury;

intentionally added by the manufacturer in order to provide a specific characteristic, appearance, or quality to the product or to perform a specific beneficial function for the product; or

(2) a product with a component that meets the criteria of subdivision (1).

(b) "Mercury-added product" does not include:

(1) a product in which mercury is a residue from the intentional use of mercury in the manufacturing process, if the mercury residue does not:

(A) provide a specific characteristic, appearance, or quality to the product; or

(B) perform a specific beneficial function for the product; or

(2) a mercury commodity.

As added by P.L.225-2001, SEC.6.
Ind. Code § 13-11-2-39 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-39
"Confined feeding"
Status: in_force

Sec. 39. (a) "Confined feeding", for purposes of IC 13-18-10, means the confined feeding of animals for food, fur, or pleasure purposes in lots, pens, ponds, sheds, or buildings where:

(1) animals are confined, fed, and maintained for at least forty-five (45) days during any twelve (12) month period; and

(2) ground cover or vegetation is not sustained over at least fifty percent (50%) of the animal confinement area.

(b) The term does not include the following:

(1) A livestock market:

(A) where animals are assembled from at least two (2) sources to be publicly auctioned or privately sold on a commission basis; and

(B) that is under state or federal supervision.

(2) A livestock sale barn or auction market where animals are kept for not more than ten (10) days.

[Pre-1996 Recodification Citation: 13-1-5.7-1(c), (g) part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.125-1997, SEC.1.
Ind. Code § 13-11-2-112.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-112.5
"Isolated wetland"
Status: in_force

Sec. 112.5. "Isolated wetland", for purposes of IC 13-18, is a wetland that is not subject to regulation under Section 404(a) of the Clean Water Act.

As added by P.L.282-2003, SEC.25.
Ind. Code § 13-25-1-5 — Indiana Code / Title 13 / Article 25 / Chapter 1 / Section 13-25-1-5
Meetings; quorum
Status: in_force

Sec. 5. (a) The commission shall meet as follows:

(1) At least one (1) time every three (3) months.

(2) At the call of the chairman.

(b) A majority of the members constitutes a quorum for the authority to conduct business.

[Pre-1996 Recodification Citation: 13-7-36-6.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-12-5-3 — Indiana Code / Title 13 / Article 12 / Chapter 5 / Section 13-12-5-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-1-10.1-3.]

As added by P.L.1-1996, SEC.2. Amended by P.L.124-1997, SEC.15. Repealed by P.L.135-2026, SEC.49.
Ind. Code § 13-21-13-5 — Indiana Code / Title 13 / Article 21 / Chapter 13 / Section 13-21-13-5
Fee collection; determination of weight of solid waste
Status: in_force

Sec. 5. (a) If fees imposed under section 1 of this chapter are based and charged on each ton of solid waste, the owner or operator of a final disposal facility that:

(1) annually receives, on the average, less than two hundred (200) tons of solid waste each day; and

(2) does not have a scale suitable for weighing the solid waste received at the final disposal facility;

may determine the weight of the solid waste received by conversion from the volume of the solid waste.

(b) An owner or operator described in subsection (a) shall apply the following conversion factors:

(1) Three and three-tenths (3.3) cubic yards of compacted solid waste equals one (1) ton of solid waste.

(2) Six (6) cubic yards of uncompacted solid waste equals one (1) ton of solid waste.

[Pre-1996 Recodification Citation: 13-9.5-7-5.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-254 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-254
"Waste transfer activities"
Status: in_force

Sec. 254. "Waste transfer activities", for purposes of IC 13-20-6, means the participation by:

(1) a broker or a transporter who is:

(A) a resident of Indiana; or

(B) not a resident of Indiana; or

(2) a transfer station that receives municipal waste located:

(A) inside Indiana; or

(B) outside Indiana;

in the collection or transportation of municipal waste for disposal or incineration in Indiana.

[Pre-1996 Recodification Citation: 13-7-10.5-9.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-197.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-197.5
"Secondary material"
Status: in_force

Sec. 197.5. "Secondary material", for purposes of IC 13-22-11.5, means a solid, liquid, or contained gaseous form of a byproduct, spent material, sludge, discarded commercial chemical product, or scrap metal that may be incorporated into a manufacturing or an industrial process, except reclamation, to make a product.

As added by P.L.45-1997, SEC.4. Amended by P.L.128-1997, SEC.1.
Ind. Code § 13-22-7.5-1 — Indiana Code / Title 13 / Article 22 / Chapter 7.5 / Section 13-22-7.5-1
Application to certain persons
Status: in_force

Sec. 1. This chapter applies to a person that transports:

(1) a chemical munition as defined in IC 13-11-2-25; or

(2) hazardous waste derived from the bulk neutralization and destruction of the agent VX referred to in IC 13-11-2-25(6).

As added by P.L.172-2005, SEC.2. Amended by P.L.135-2026, SEC.231.
Ind. Code § 13-13-1-1 — Indiana Code / Title 13 / Article 13 / Chapter 1 / Section 13-13-1-1
Establishment
Status: in_force

Sec. 1. The department of environmental management is established.

[Pre-1996 Recodification Citation: 13-7-2-11.]

As added by P.L.1-1996, SEC.3.
Ind. Code § 13-25-2-18 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-18
Costs, attorney's fees, and expert witness fees; enforcement under federal or state law; intervention
Status: in_force

Sec. 18. (a) A court, in issuing a final order in an action brought under section 15, 16, or 17 of this chapter, may award costs of litigation, including reasonable attorney's fees and expert witness fees, to the prevailing or the substantially prevailing party if the court determines that the award is appropriate.

(b) Sections 15, 16, and 17 of this chapter do not restrict or expand any right that a person may have under federal or state law to seek enforcement of a requirement or to seek other relief.

(c) In an action brought under section 15, 16, or 17 of this chapter, the state, if the state is not a party, may intervene as a matter of right.

(d) In an action brought under section 15, 16, or 17 of this chapter, a person may intervene as a matter of right if:

(1) the person has a direct interest that is or may be adversely affected by the action; and

(2) the disposition of the action may impair or impede the person's ability to protect that interest;

unless the state shows that the person's interest is adequately represented by existing parties to the action.

[Pre-1996 Recodification Citation: 13-7-37-20(i), (j), (k), (l).]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-122 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-122
"Major modification"
Status: in_force

Sec. 122. "Major modification", for purposes of IC 13-15-4, when applied to a solid waste permit, means any change in a permitted solid waste facility that would:

(1) increase the facility's permitted capacity to process or dispose of solid waste by the lesser of:

(A) more than ten percent (10%); or

(B) five hundred thousand (500,000) cubic yards; or

(2) change the permitted footprint of the landfill by more than one (1) acre.

[Pre-1996 Recodification Citation: 13-7-10.1-2.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-1-4 — Indiana Code / Title 13 / Article 20 / Chapter 1 / Section 13-20-1-4
Denial of permit
Status: in_force

Sec. 4. If the department determines that there is not a local or regional need in Indiana for the solid waste disposal facility, the person referred to in section 2 of this chapter may not receive a permit described under IC 13-15-1-3 of this chapter. If a permit is denied under this section, the department must provide the person referred to in section 2 of this chapter with a statement describing the reasons the department denied the permit.

[Pre-1996 Recodification Citation: 13-7-10-1.5(c).]

As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005, SEC.13.
Ind. Code § 13-30-3-13 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-13
Landowners on whose land garbage has been dumped without consent; parties; expenses; attorney's fees
Status: in_force

Sec. 13. (a) Except as provided in subsection (c), an enforcement action may not be taken under this chapter for a violation of IC 13-30-2-1(5) against a landowner on whose land garbage or other solid waste, except hazardous waste, has been illegally dumped without the landowner's consent unless the commissioner has made a diligent and good faith effort to identify, locate, and take enforcement action against a person who appears likely to have committed or caused the illegal dumping.

(b) A landowner described in subsection (a) who in good faith provides information to the commissioner concerning:

(1) a name;

(2) an address; or

(3) any other evidence of a responsible person's identity found in garbage or other solid waste dumped on the landowner's land;

is not liable to a person for an action taken by the commissioner against the person as a result of the information provided the landowner.

(c) The commissioner may include the owner of land on which a violation of IC 13-30-2-1(5) has apparently occurred as a party in any enforcement action against a person who allegedly committed the violation of IC 13-30-2-1(5) so that the commissioner may order the landowner to allow the alleged violator access to the land to remove and dispose of the solid waste allegedly dumped on the land in violation of IC 13-30-2-1(5).

(d) A landowner on whose land garbage or other solid waste has been illegally dumped without the landowner's consent may, in addition to any other legal or equitable remedy available to the landowner, recover from the person responsible for the illegal dumping:

(1) reasonable expenses incurred by the landowner in disposing of the garbage or other solid waste; and

(2) reasonable attorney's fees.

[Pre-1996 Recodification Citation: 13-7-11-6.]

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-22-10-19 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-19
Repealed
Status: repealed

As added by P.L.124-1996, SEC.25. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-18-27-9 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-9
"Project site owner"
Status: in_force

Sec. 9. As used in this chapter, "project site owner" means the person required to comply with the general permit, or the applicable ordinance of an MS4 community with respect to a construction project. The term includes the following:

(1) A developer.

(2) A person who has financial and operational control of construction activities and construction project plans and specifications, including the ability to make modifications to those plans and specifications.

As added by P.L.248-2019, SEC.14. Amended by P.L.135-2026, SEC.177.
Ind. Code § 13-19-3-2 — Indiana Code / Title 13 / Article 19 / Chapter 3 / Section 13-19-3-2
Orders; review by administrative law judge
Status: in_force

Sec. 2. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6.

(b) An administrative law judge under IC 4-15-10.5 shall review orders and determinations of the commissioner.

[Pre-1996 Recodification Citation: 13-1-12-8(c).]

As added by P.L.1-1996, SEC.9. Amended by P.L.128-2024, SEC.25.
Ind. Code § 13-18-9-2 — Indiana Code / Title 13 / Article 18 / Chapter 9 / Section 13-18-9-2
Alkyl benzine sulfonate limitations
Status: in_force

Sec. 2. A person may not use, sell, or otherwise dispose of any hard or nondegradable detergent containing alkyl benzine sulfonate (ABS) in any manner or any location in Indiana or into the boundary waters of Indiana from a source within Indiana.

[Pre-1996 Recodification Citation: 13-1-5.5-1.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-11-2-231 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-231
"Tire"
Status: in_force

Sec. 231. (a) "Tire", for purposes of:

(1) IC 13-20-13, except as provided in subsection (b); and

(2) IC 13-20-14;

means a continuous solid or pneumatic rubber covering that is designed to encircle a wheel of a motor vehicle (as defined in IC 9-13-2-105(a)).

(b) "Tire", for purposes of IC 13-20-13-7, means a continuous solid or pneumatic rubber covering that is designed to encircle a wheel of a vehicle.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-23-3; 13-7-23.2-5; subsection (b) formerly 13-7-23-10.3(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-15-4-7 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-7
Calculation of periods
Status: in_force

Sec. 7. (a) The following apply for purposes of calculating a period under sections 1 through 6 of this chapter:

(1) The period begins on the earliest of the following:

(A) The date on which an application and any required fee is received and stamped received by the department.

(B) The date that is marked by the department on a certified mail return receipt accompanying an application and any required fee.

(C) The date on which notice is sent by the department to the applicant confirming that the department has received an application and any required fees.

(2) The period ends on the date a decision is issued to approve or deny the application under IC 4-21.5-3-4 or IC 4-21.5-3-5.

(b) If an applicant pays an application fee with a check that is not covered with sufficient funds, a period described under sections 1 through 6 of this chapter is suspended until the applicant pays the permit application fee.

[Pre-1996 Recodification Citation: 13-7-10.1-5.]

As added by P.L.1-1996, SEC.5. Amended by P.L.27-2024, SEC.2.
Ind. Code § 13-29-2-7 — Indiana Code / Title 13 / Article 29 / Chapter 2 / Section 13-29-2-7
Effect of grant of powers
Status: in_force

Sec. 7. Any powers granted to the commission by this chapter shall be construed as in aid of and supplemental to and not as a limitation upon any of the powers vested in the commission by any of the following:

(1) Other laws of the state.

(2) The laws of any of the other states in the compact other than Indiana.

(3) The United States Congress.

(4) The terms of the compact.

[Pre-1996 Recodification Citation: 13-5-5-4.]

As added by P.L.1-1996, SEC.19.
Ind. Code § 13-18-27-8 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-8
"MS4 community"
Status: in_force

Sec. 8. As used in this chapter, "MS4 community" means a county, city, or town that:

(1) owns, operates, or maintains a regulated municipal separate storm sewer system (MS4); and

(2) administers a program under which construction plans relating to construction projects in locations within the boundaries of the MS4 community are reviewed and given a favorable or unfavorable determination.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-21-3-12.2 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-12.2
Additional powers of districts in certain counties
Status: in_force

Sec. 12.2. (a) This section applies to a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).

(b) In addition to the powers granted to a district under section 12 of this chapter, a district may make grants or loans of money, property, or services to the following:

(1) A public or private program to plant or maintain trees in an area of the district that is a right-of-way, public property, or vacant property.

(2) A political subdivision located in the district for the purpose of repairing or maintaining municipal and county public roadways located within one (1) mile of any landfill located in the district.

(3) A political subdivision located in the district for emergency clean-up of trees and other debris resulting from a natural disaster or other casualty.

As added by P.L.98-2000, SEC.6. Amended by P.L.170-2002, SEC.89; P.L.119-2012, SEC.115; P.L.104-2022, SEC.87; P.L.157-2024, SEC.4.
Ind. Code § 13-11-2-173.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-173.2
"Project site owner"
Status: in_force

Sec. 173.2. "Project site owner", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-9.

As added by P.L.248-2019, SEC.8.
Ind. Code § 13-29-1-13 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-13
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-5-9-13.]

As added by P.L.1-1996, SEC.19. Amended by P.L.133-2012, SEC.157. Repealed by P.L.135-2026, SEC.297.
Ind. Code § 13-11-2-110 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-110
Repealed
Status: repealed

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-25-2; subsection (b) formerly 13-9-1-1 part; 13-9-1-11.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.5; P.L.1-2002, SEC.63. Repealed by P.L.37-2012, SEC.5.
Ind. Code § 13-14-5-6 — Indiana Code / Title 13 / Article 14 / Chapter 5 / Section 13-14-5-6
Information presented by property owner
Status: in_force

Sec. 6. (a) The property owner may provide information in response to any of the following:

(1) An oral report provided under section 2 of this chapter.

(2) A written summary provided under section 2 of this chapter.

(3) Questions raised during the inspection visit.

(b) The department shall review and consider any information presented by the property owner under subsection (a). The department shall include the written information provided under subsection (a) in the public file.

As added by P.L.30-1999, SEC.4. Amended by P.L.135-2026, SEC.91.
Ind. Code § 13-25-4-5 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-5
Corrective action determination; access to records
Status: in_force

Sec. 5. (a) This section applies to the following:

(1) A person that stores, treats, or disposes of hazardous substances.

(2) If necessary to ascertain facts not available at the site or facility where the hazardous substances are located, a person that generates, transports, or otherwise handles or has handled hazardous substances.

(b) To assist in determining the need for corrective action under IC 13-22-13 or removal or remedial action under this chapter in connection with a hazardous substance, a person described in subsection (a) shall:

(1) upon request of an officer, an employee, or a designated agent of the department, furnish information relating to the hazardous substances referred to in subsection (a)(1) or (a)(2); and

(2) permit the officer, the employee, or the designated agent of the department at any reasonable time to have access to and to copy all records relating to the hazardous substances referred to in subsection (a)(1) or (a)(2).

[Pre-1996 Recodification Citation: 13-7-8.7-7(a).]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-18-20-3 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-3
Annual fees instead of individual permit fees
Status: in_force

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 dollars ($500) 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

2-3 Outfalls

$750

4-6 Outfalls

$1,000

7-10 Outfalls

$1,500

11-20 Outfalls

$2,500

21-99 Outfalls

$3,500

[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-20-4-3 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-31-8(b), (c), (d).]

As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-11-2-15.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-15.5
"ASTM"
Status: in_force

Sec. 15.5. "ASTM" refers to the American Society for Testing and Materials.

As added by P.L.215-2003, SEC.3.
Ind. Code § 13-14-1-17 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-17
Repealed
Status: repealed

As added by P.L.130-2018, SEC.58. Repealed by P.L.135-2026, SEC.82.
Ind. Code § 13-23-13-16 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-16
Presumptions concerning a governmental unit's tank activity on a brownfield
Status: in_force

Sec. 16. (a) A political subdivision or unit of federal or state government that acquired ownership or control of an underground storage tank or aboveground storage tank on a brownfield by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may undertake any activity in conjunction with:

(1) investigation or remediation of hazardous substances, petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or

(2) monitoring or closure of an:

(A) underground storage tank; or

(B) aboveground storage tank;

without being considered as contributing to the existing release or threatened release of a regulated substance on, in, or at the brownfield unless existing contamination on the brownfield is exacerbated due to gross negligence or intentional misconduct by the political subdivision or unit of federal or state government.

(b) For purposes of subsection (a), reckless, willful, or wanton misconduct constitutes gross negligence.

As added by P.L.221-2007, SEC.15. Amended by P.L.176-2023, SEC.61.
Ind. Code § 13-14-10-1 — Indiana Code / Title 13 / Article 14 / Chapter 10 / Section 13-14-10-1
Emergency order; notice; compliance
Status: in_force

Sec. 1. (a) Whenever the commissioner concludes, in consultation with the commissioner of the Indiana department of health, that contamination of air, water, or land in any area has reached the point where the contamination constitutes a clear and present danger to the health and safety of persons in any area, the commissioner's determination shall be immediately communicated to the governor. The commissioner, in concert with the commissioner of the Indiana department of health, shall request the governor to declare that an emergency exists.

(b) The governor may:

(1) proclaim the existence of an emergency; and

(2) order all persons causing or contributing to the causing of the contamination to reduce or discontinue immediately the emission or discharge of contaminants.

(c) Notice of an emergency order must be in writing wherever practicable. However, if the governor considers that written notice is not practicable, the governor may give notice in the manner determined by the governor.

(d) A person against whom an emergency order of the governor has been issued shall, upon receiving notice of the order, immediately comply with the provisions of the order.

(e) The governor may enforce an order by any appropriate action.

(f) The procedures for emergency orders provided for in this section are governed by IC 4-21.5-4.

[Pre-1996 Recodification Citation: 13-7-12-1.]

As added by P.L.1-1996, SEC.4. Amended by P.L.56-2023, SEC.127.
Ind. Code § 13-20-10.5-4 — Indiana Code / Title 13 / Article 20 / Chapter 10.5 / Section 13-20-10.5-4
Rules
Status: in_force

Sec. 4. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.

As added by P.L.189-2011, SEC.13.
Ind. Code § 13-14-9-4.5 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-4.5
Additional public comment period; notice
Status: in_force

Sec. 4.5. (a) Except for a rule that has been preliminarily adopted by a board in a form that is:

(1) identical to; or

(2) not substantively different from;

the proposed rule published in a notice under IC 4-22-2-23 or (if applicable) IC 4-22-2-24, a board may not adopt a rule under this chapter until the board has conducted an additional public comment period that is at least thirty (30) days in length.

(b) The department shall publish notice of an additional public comment period with the information that is required to be published in the Indiana Register under section 5(a)(2) of this chapter.

As added by P.L.130-1997, SEC.3. Amended by P.L.240-2003, SEC.7; P.L.249-2023, SEC.55.
Ind. Code § 13-11-2-185 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-185
"Remedial action"
Status: in_force

Sec. 185. (a) "Remedial action", for purposes of IC 13-24 and IC 13-25-4, means actions consistent with a permanent remedy that are taken instead of or in addition to removal actions if a release or threatened release of a hazardous substance or petroleum into the environment occurs, to prevent or minimize the release of hazardous substances or petroleum so that the hazardous substances or petroleum does not migrate to cause substantial danger to present or future public health or welfare or the environment.

(b) The term includes actions necessary to:

(1) monitor;

(2) assess; or

(3) evaluate;

the continuing effectiveness of other response actions.

[Pre-1996 Recodification Citation: 13-7-8.7-1(g).]

As added by P.L.1-1996, SEC.1. Amended by P.L.49-2015, SEC.1.
Ind. Code § 13-18-27-15 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-15
Restriction on MS4 community's erosion and sediment control measures
Status: in_force

Sec. 15. (a) Except as provided in subsection (b), an MS4 community may not require erosion and sediment control measures that are more stringent than the erosion and sediment control measures required by the general permit.

(b) An MS4 community may require erosion and sediment control measures at a very small construction activity site even if requiring erosion and sediment control measures at a very small construction activity site is not required by the general permit. However:

(1) the erosion and sediment control measures required by an MS4 community at a very small construction activity site may not be more stringent than the erosion and sediment control measures required by the general permit at a small construction activity site; and

(2) the review authority to which a construction plan for a very small construction activity site is submitted is subject to the time limit set forth in section 16 of this chapter for notifying the project site owner of the review authority's preliminary determination concerning the construction plan.

As added by P.L.248-2019, SEC.14. Amended by P.L.135-2026, SEC.178.
Ind. Code § 13-11-2-241 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-241
"Underground storage tank"
Status: in_force

Sec. 241. (a) "Underground storage tank" (or UST), for purposes of this chapter and IC 13-23, means one (1) tank or a combination of tanks:

(1) that is used to contain an accumulation of regulated substances; and

(2) the volume of which, including the volume of the underground connected pipes described in subsection (b), is at least ten percent (10%) beneath the surface of the ground.

(b) If:

(1) a single tank; or

(2) a combination of tanks;

constitutes an underground storage tank under subsection (a), any underground pipes that are connected to the single tank or combination of tanks are also part of the underground storage tank.

(c) The term defined in subsection (a) includes a single tank:

(1) that meets the definition set forth in subsection (a); and

(2) in which there are separate compartments.

(d) The term does not include any of the following:

(1) A farm or residential tank with a capacity of not more than one thousand one hundred (1,100) gallons that is used for storing motor fuel for noncommercial purposes.

(2) A tank used for storing heating oil for consumptive use on the premises on which the tank is stored.

(3) A septic tank.

(4) A pipeline facility, including gathering lines, that:

(A) is regulated under the Pipeline Safety Act (49 U.S.C. 60101 et seq.); or

(B) is an intrastate pipeline facility regulated under state laws comparable to the laws identified in clause (A).

(5) A surface impoundment, pit, pond, or lagoon.

(6) A storm water or wastewater collection system.

(7) A flow-through process tank.

(8) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

(9) A storage tank situated in an underground area such as:

(A) a basement;

(B) a cellar;

(C) a mineworking;

(D) a drift;

(E) a shaft; or

(F) a tunnel;

if the storage tank is situated upon or above the surface of the floor.

(10) Any other tank exempted by a rule adopted by the board in accordance with regulations adopted by the Administrator of the United States Environmental Protection Agency.

(11) A pipe connected to a tank described in subdivisions (1) through (10).

[Pre-1996 Recodification Citations: 13-7-20-11; 13-7-20.1-5 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.6-2014, SEC.1; P.L.113-2014, SEC.61; P.L.96-2016, SEC.9; P.L.176-2023, SEC.30.
Ind. Code § 13-20.5-1-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 1 / Section 13-20.5-1-2
Requirements for sale of video display devices from manufacturer to retailer
Status: in_force

Sec. 2. After 2009, a manufacturer may not sell, offer for sale, or deliver to a retailer for subsequent sale a new video display device unless:

(1) the video display device is labeled with the manufacturer's brand that is permanently affixed and readily visible; and

(2) the manufacturer has submitted a registration to the department under section 1 of this chapter.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-0.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-0.6
Repealed
Status: repealed

As added by P.L.112-2015, SEC.1. Repealed by P.L.72-2017, SEC.1.
Ind. Code § 13-20-10.5-2 — Indiana Code / Title 13 / Article 20 / Chapter 10.5 / Section 13-20-10.5-2
Regulation as a solid waste processing facility
Status: in_force

Sec. 2. An anaerobic digestion facility or a gasification facility for which the only input is biomass is not subject to regulation as a solid waste processing facility.

As added by P.L.189-2011, SEC.13. Amended by P.L.135-2026, SEC.193.
Ind. Code § 13-11-2-166 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-166
"Pollution prevention"
Status: in_force

Sec. 166. "Pollution prevention", for purposes of this title, means pollution prevention as defined by the United States Environmental Protection Agency under:

(1) the federal Pollution Prevention Act (42 U.S.C. 13101 et seq.); and

(2) the United States Environmental Protection Agency pollution prevention policy statement (June 15, 1993), as amended.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-14.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.9; P.L.2-1998, SEC.47.
Ind. Code § 13-11-2-116.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-116.5
"Large construction activity site"
Status: in_force

Sec. 116.5. "Large construction activity site", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-7.

As added by P.L.248-2019, SEC.6.
Ind. Code § 13-16-1-5 — Indiana Code / Title 13 / Article 16 / Chapter 1 / Section 13-16-1-5
Deposit of fees in funds
Status: in_force

Sec. 5. (a) Except as provided in subsection (b), a fee established by the board under this chapter shall be deposited in the environmental management permit operation fund under IC 13-15-11 when the fee is collected.

(b) The fee established under IC 13-17-8-3 shall be deposited in the Title V operating permit program trust fund established by IC 13-17-8-1 when the fee is collected.

[Pre-1996 Recodification Citation: 13-7-16-6(d).]

As added by P.L.1-1996, SEC.6. Amended by P.L.250-2019, SEC.18.
Ind. Code § 13-27-2-3 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9-2-3.]

As added by P.L.1-1996, SEC.17. Repealed by P.L.135-2026, SEC.281.
Ind. Code § 13-25-4-12 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-12
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.7-10.7(b).]

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.262.
Ind. Code § 13-25-4-22 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-22
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.7-10.9(e).]

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.272.
Ind. Code § 13-11-2-176 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-176
"Public notice"
Status: in_force

Sec. 176. "Public notice", for purposes of IC 13-21, means the following:

(1) For a county or a county solid waste management district, a notice published by the district board of directors in accordance with IC 5-3-1, following procedures applicable to a county.

(2) For a joint solid waste management district, a notice published by the board of directors in each county in the district in accordance with IC 5-3-1, following procedures applicable to a county.

[Pre-1996 Recodification Citation: 13-9.5-1-23.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-21-4 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-4
Annual operation fees
Status: in_force

Sec. 4. For solid waste, the annual operation fees are as follows:

Fee

Solid Waste Landfill

Not Otherwise Covered in This Section

> 500 TPD

$35,000

250-499 TPD

$15,000

100-249 TPD

$ 7,000

<100 TPD

$ 2,000

Construction\

Demolition Site

$ 1,500

Restricted Waste Site

Type I

$35,000

Type II

$25,000

Type III

$10,000

Processing Facility

Transfer Station

$ 2,000

Other

$ 2,000

Incinerator

>500 TPD

$35,000

250-499 TPD

$15,000

100-249 TPD

$ 7,000

<100 TPD

$ 2,000

Infectious Waste

Incinerator (>7 TPD)

$ 5,000

Waste Tire Storage

Registration

$ 500

Waste Tire Transportation

Registration

$ 25

Groundwater

Compliance

Sampling

(per well)

$ 250

[Pre-1996 Recodification Citation: 13-7-16.1-2(g) part.]

As added by P.L.1-1996, SEC.10. Amended by P.L.159-2011, SEC.33.
Ind. Code § 13-18-9-1 — Indiana Code / Title 13 / Article 18 / Chapter 9 / Section 13-18-9-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter does not apply to any of the following:

(1) Detergents for cleaning in place food processing and dairy equipment.

(2) Phosphoric acid products, including sanitizers, brighteners, acid cleaners, and metal conditioners.

(3) Detergents for use in commercial machine dishwashers.

(4) Institutional laundry detergents, including detergents for use in hospitals and health care facilities.

(5) Detergents for use in dairy, beverage, food processing, and other industrial cleaning equipment.

(6) A detergent or cleaning compound contained in fuel or lubricating oil.

(7) Any other use of detergents in which the phosphorus contents are not permitted to:

(A) enter a public or private sewer; or

(B) be disposed of in the natural environment.

[Pre-1996 Recodification Citation: 13-1-5.5-3(c); 13-1-5.5-4.]

As added by P.L.1-1996, SEC.8. Amended by P.L.25-2008, SEC.1.
Ind. Code § 13-18-20-1 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-1
Assessment
Status: in_force

Sec. 1. Notwithstanding NPDES fees established under IC 13-16-1, the annual fees contained in this chapter shall be assessed to each facility that has a NPDES permit.

[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-17-8-8 — Indiana Code / Title 13 / Article 17 / Chapter 8 / Section 13-17-8-8
Fees; adjustments to cost of service
Status: in_force

Sec. 8. The requirement for equal and proportionate increases does not apply to adjustments to cost of service based fees that are:

(1) the result of increased activities described under section 3 of this chapter; and

(2) attributable to federal mandates related to particular types or categories of sources.

[Pre-1996 Recodification Citation: 13-1-1-26(h).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-179.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-179.6
"Recyclable materials broker"
Status: in_force

Sec. 179.6. "Recyclable materials broker", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-5.

As added by P.L.126-2014, SEC.5.
Ind. Code § 13-25-1-2.5 — Indiana Code / Title 13 / Article 25 / Chapter 1 / Section 13-25-1-2.5
Emergency response commission membership not a lucrative office
Status: in_force

Sec. 2.5. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, membership on the commission is not a lucrative office.

As added by P.L.68-2016, SEC.1.
Ind. Code § 13-18-11-2 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-2
Classification of treatment plants
Status: in_force

Sec. 2. The commissioner shall classify all water treatment plants, wastewater treatment plants, and water distribution systems actually used or intended for use:

(1) with due regard to the:

(A) size;

(B) type;

(C) character of wastes or water to be treated; and

(D) other physical conditions affecting those plants and systems; and

(2) according to the:

(A) skill;

(B) knowledge; and

(C) experience;

that the operator in responsible charge must have to successfully supervise the operation of those facilities so as to protect the public health.

[Pre-1996 Recodification Citation: 13-1-6-1.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-12-1-6 — Indiana Code / Title 13 / Article 12 / Chapter 1 / Section 13-12-1-6
Inclusion of prior statutes
Status: in_force

Sec. 6. A citation reference in the recodification act of the 1996 regular session of the general assembly to another provision of the recodification act of the 1996 regular session of the general assembly shall be treated as including a reference to the provision of prior environmental law that is substantively equivalent to the provision of the recodification act of the 1996 regular session of the general assembly that is referred to by the citation reference.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-21-5-9 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-9
Notification of disapproval; revision; hearing; time limitations
Status: in_force

Sec. 9. (a) If the commissioner disapproves a district plan submitted by a board, the commissioner shall promptly:

(1) notify the board of the disapproval of the district plan; and

(2) provide written comments on changes that would make the district plan acceptable.

(b) The district shall do the following:

(1) Revise the district plan.

(2) Resubmit the plan to the commissioner within ninety (90) days after the disapproval of the original district plan.

(c) Before adoption of the revised district plan, the board shall hold a public hearing using the procedures in section 3 of this chapter.

(d) The commissioner shall approve or disapprove a revised district plan within one hundred twenty (120) days after the revised plan is submitted to the commissioner. If the commissioner fails to act within one hundred twenty (120) days after a revised plan is submitted, the revised plan is considered approved.

[Pre-1996 Recodification Citation: 13-9.5-4-3(c).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-17.5-2 — Indiana Code / Title 13 / Article 20 / Chapter 17.5 / Section 13-20-17.5-2
Prohibition of sale or distribution of mercury-added novelty
Status: in_force

Sec. 2. (a) This section does not apply to a mercury-added novelty if:

(1) the novelty uses a mercury-added button cell battery to function; and

(2) the only mercury contained in the novelty is found in the mercury-added button cell battery.

(b) After July 1, 2003, a mercury-added novelty may not be:

(1) offered for final sale; or

(2) distributed for promotional purposes;

in Indiana if the offerer or distributor knows or has reason to know that the novelty contains mercury.

As added by P.L.225-2001, SEC.15.
Ind. Code § 13-25-1-4 — Indiana Code / Title 13 / Article 25 / Chapter 1 / Section 13-25-1-4
Officers
Status: in_force

Sec. 4. The governor shall appoint:

(1) a chairman; and

(2) a vice chairman;

of the commission from among the members of the commission.

[Pre-1996 Recodification Citation: 13-7-36-5.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-15-10-5 — Indiana Code / Title 13 / Article 15 / Chapter 10 / Section 13-15-10-5
Fees
Status: in_force

Sec. 5. (a) The board shall establish by rule and cause to be collected fees for the following:

(1) Examination of applicants for certification.

(2) Issuance, renewal, or transfer of a certificate.

(3) Restoration of an expired certificate when that action is authorized by law.

(4) Issuance of certificates by reciprocity or endorsement for out-of-state applicants.

(5) Issuance of board or committee reciprocity or endorsements for resident practitioners who apply to another state for a certificate.

(b) A fee may not be less than fifty dollars ($50) unless the fee is collected under a rule adopted by the board that sets a fee for miscellaneous expenses incurred by the department on behalf of operators regulated under rules adopted by the board. The fees may not be less than are required to pay all of the costs, both direct and indirect, of the operation of the department under this chapter, and are payable to the department in accordance with section 6 of this chapter.

(c) A fee may not be charged to an operator employed by a solid waste facility that is wholly owned and operated by a unit of local government.

[Pre-1996 Recodification Citation: 13-7-10-1.2(f).]

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.111; P.L.250-2019, SEC.9.
Ind. Code § 13-20-21-13 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-13
Payment of all fees by person or facility in multiple fee categories
Status: in_force

Sec. 13. A person or a facility that is described in more than one (1) fee category under this chapter must pay all applicable fees.

[Pre-1996 Recodification Citation: 13-7-16.1-2(n).]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-18-24-6 — Indiana Code / Title 13 / Article 18 / Chapter 24 / Section 13-18-24-6
Sale of personal care products banned
Status: in_force

Sec. 6. After December 31, 2018, a person may not accept for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads.

As added by P.L.21-2015, SEC.5.
Ind. Code § 13-19-4-7 — Indiana Code / Title 13 / Article 19 / Chapter 4 / Section 13-19-4-7
Findings of fact
Status: in_force

Sec. 7. (a) In taking action under this chapter on an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility, the commissioner shall make separately stated findings of fact to support the action taken.

(b) The findings of ultimate fact must be accompanied by a concise statement of the underlying basic facts of record to support the findings. However, when the commissioner denies an application, the commissioner is not required to explain the extent to which any of the mitigating factors set forth in section 6 of this chapter influenced the commissioner's determination to deny the application.

[Pre-1996 Recodification Citation: 13-7-10.2-4(c).]

As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.8.
Ind. Code § 13-20-22-14 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-14
Contiguous governmental units; solid waste management agreement; fee imposed
Status: in_force

Sec. 14. If:

(1) the:

(A) county executive of the county; or

(B) board of directors of the district;

in which a final disposal facility is located has entered into an agreement concerning solid waste management with a governmental unit that is, or that is located within, a county that is contiguous to Indiana but within another state; and

(2) the agreement provides for solid waste generated in that governmental unit to be disposed of in the final disposal facility;

the fee imposed under this chapter upon the disposal in the final disposal facility of solid waste generated in that governmental unit is the fee set forth in section 1(b)(1) of this chapter, not the fee set forth in section 1(b)(2) of this chapter.

[Pre-1996 Recodification Citation: 13-9.5-5-6.]

As added by P.L.1-1996, SEC.10. Amended by P.L.2-1998, SEC.51; P.L.1-1999, SEC.40.
Ind. Code § 13-11-2-106 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-106
"Incinerator"
Status: in_force

Sec. 106. "Incinerator", for purposes of IC 13-21 and environmental management laws, means an engineered apparatus designed for the burning of solid waste under the effect of controls on the following:

(1) Temperature.

(2) Retention time.

(3) Air.

(4) Other combustion factors.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-13.5; 13-9.5-1-1 part; 13-9.5-1-17.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-10-7 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-7
Repealed
Status: repealed

As added by P.L.124-1996, SEC.13. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-18-10.5-1 — Indiana Code / Title 13 / Article 18 / Chapter 10.5 / Section 13-18-10.5-1
Department approval
Status: in_force

Sec. 1. A person may not after June 30, 2011, start:

(1) construction of a satellite manure storage structure; or

(2) expansion of a satellite manure storage structure that increases manure containment capacity;

without obtaining the prior approval of the department.

As added by P.L.189-2011, SEC.12.
Ind. Code § 13-18-16-1 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-1
Submission of plans and specifications; issuance of permit; determination
Status: in_force

Sec. 1. (a) A permit is required for the construction, installation, or modification of:

(1) sources;

(2) facilities;

(3) equipment; or

(4) devices;

of a public water system, including water distribution systems.

(b) Plans and specifications for the construction, installation, or modification of sources, facilities, equipment, or devices of a public water system must be submitted to the commissioner with a permit application. The plans and specifications must be complete and of sufficient detail to show all proposed construction, changes, or modifications that may affect the sanitary quality, chemical quality, or adequacy of the public water system involved. The applicant shall supply any additional data or material considered appropriate by the commissioner to a review of the plans and specifications.

(c) Unless otherwise provided in rules adopted under section 8(b) of this chapter, plans and specifications must be submitted to the commissioner with the permit application for water distribution systems.

(d) Construction, installation, or modification of a public water system may not begin until the commissioner has issued a permit under subsection (a).

(e) In determining whether to issue a permit under this section, the commissioner shall proceed under IC 13-15.

[Pre-1996 Recodification Citation: 13-7-14-1(a), (b), (c), (d).]

As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.10; P.L.184-2002, SEC.14.
Ind. Code § 13-26-11-10 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-10
Revenue of works
Status: in_force

Sec. 10. Revenue collected under sections 8 through 14 of this chapter is revenue of the works.

[Pre-1996 Recodification Citation: 13-3-2-25(c) part.]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-15-5-3 — Indiana Code / Title 13 / Article 15 / Chapter 5 / Section 13-15-5-3
Issuance or denial of permit; notice of action
Status: in_force

Sec. 3. (a) Except as provided in section 2 of this chapter:

(1) after the comment period; or

(2) if a public hearing is held, after the public hearing;

the commissioner shall issue the permit or deny the permit application.

(b) Unless the commissioner states otherwise in writing, the commissioner's action under this section is effective immediately.

(c) Notice of the commissioner's action shall be served upon the following:

(1) The permit applicant.

(2) Each person who submitted written comments under section 1 of this chapter.

(3) Each person who requests notice of the permit determination.

(4) The Administrator of the United States Environmental Protection Agency if service is required under the applicable federal law.

(d) If the commissioner's action is likely to have a significant impact upon persons who are not readily identifiable, the commissioner may publish notice of the action on the permit application in a newspaper of general circulation in the county affected by the proposed permit or the commissioner may use electronic means to publish notice.

[Pre-1996 Recodification Citation: 13-7-10-2.5(b).]

As added by P.L.1-1996, SEC.5. Amended by P.L.27-2024, SEC.4.
Ind. Code § 13-17-6-10 — Indiana Code / Title 13 / Article 17 / Chapter 6 / Section 13-17-6-10
Injunction against nonconforming asbestos project; notice; review
Status: in_force

Sec. 10. (a) If the commissioner finds that an asbestos project is not being performed in accordance with air pollution control laws or rules adopted under air pollution control laws, the commissioner may enjoin further work on the asbestos project without prior notice or hearing by delivering a notice to:

(1) the asbestos contractor engaged in the asbestos project; or

(2) the agent or representative of the asbestos contractor.

(b) A notice issued under this section must:

(1) specifically enumerate the violations of law that are occurring on the asbestos project; and

(2) prohibit further work on the asbestos project until the violations enumerated under subdivision (1) cease and the notice is rescinded by the commissioner.

(c) Not later than ten (10) days after receiving written notification from a contractor that violations enumerated in a notice issued under this section have been corrected, the commissioner shall issue a determination whether or not to rescind the notice.

(d) An asbestos contractor or any other person aggrieved or adversely affected by the issuance of a notice under subsection (a) may obtain a review of the commissioner's action.

[Pre-1996 Recodification Citation: 13-1-1-22.]

As added by P.L.1-1996, SEC.7. Amended by P.L.25-1997, SEC.8; P.L.128-2024, SEC.22; P.L.135-2026, SEC.135.
Ind. Code § 13-30-10-6 — Indiana Code / Title 13 / Article 30 / Chapter 10 / Section 13-30-10-6
Criminal penalties for violating state regulated wetlands laws
Status: in_force

Sec. 6. (a) A person who:

(1) knowingly or intentionally violates:

(A) the terms of a permit issued under IC 13-18-22 that relates to state regulated wetlands; or

(B) a statute that relates to state regulated wetlands; and

(2) causes substantial harm to a state regulated wetland;

commits a Level 6 felony.

(b) Notwithstanding IC 35-50-2-6(a), IC 35-50-2-7(a), or IC 35-50-3-2, the court may order a person convicted under this section to pay:

(1) a fine of at least five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000) for each day of violation; or

(2) if the person has a prior unrelated conviction for an offense under this title that may be punished as a felony, a fine of not more than one hundred thousand dollars ($100,000) for each day of violation.

In determining the amount of a fine imposed for a violation of this section, the court shall consider any improper economic benefit, including unjust enrichment, received by the defendant as a result of the unlawful conduct.

As added by P.L.137-2007, SEC.31. Amended by P.L.158-2013, SEC.198.
Ind. Code § 13-25-4-0.2 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The amendments made to IC 13-7-8.7-8(c) through IC 13-7-8.7-8(f) (before that section's repeal, now codified at section 8 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991.

As added by P.L.220-2011, SEC.288.
Ind. Code § 13-22-11.5-5 — Indiana Code / Title 13 / Article 22 / Chapter 11.5 / Section 13-22-11.5-5
Effect of exemption on other exemptions from regulations
Status: in_force

Sec. 5. The exemption from regulation provided in this chapter is in addition to any other exemption from regulation as a solid waste provided in rules adopted by the board.

As added by P.L.45-1997, SEC.21. Amended by P.L.2-1998, SEC.53.
Ind. Code § 13-21-5-3 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-3
Public meetings; hearing; notice
Status: in_force

Sec. 3. (a) After considering public comment received during all public meetings held under section 2 of this chapter, the board shall hold a public hearing on the proposed plan before adopting a district plan in final form.

(b) The board shall make the proposed plan available to the public at least thirty (30) days before the date the public hearing is held.

(c) The board shall give public notice of the hearing held under this section.

[Pre-1996 Recodification Citation: 13-9.5-4-2(b).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-15-4-4 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-4
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10.1-4(d).]

As added by P.L.1-1996, SEC.5. Repealed by P.L.135-2026, SEC.117.
Ind. Code § 13-30-7-2 — Indiana Code / Title 13 / Article 30 / Chapter 7 / Section 13-30-7-2
Exceptions
Status: in_force

Sec. 2. The department may decrease the penalty provided in section 1 of this chapter based on:

(1) a good faith effort or cooperation of a business required to correct a violation before or after disclosure of the violation;

(2) the ability of a business required to correct the violation to pay the penalty;

(3) an agreement that a business required to correct a violation will offset the payment of a civil penalty by a project that:

(A) has clearly identifiable and quantifiable environmental benefits; and

(B) is not otherwise required under federal, state, or local law, rules, or regulations; or

(4) other mitigating factors within the discretion of the department.

[Pre-1996 Recodification Citation: 13-7-5-3.3(g).]

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-23-16-4 — Indiana Code / Title 13 / Article 23 / Chapter 16 / Section 13-23-16-4
Information required in notice
Status: in_force

Sec. 4. Notice provided by a county health officer under section 3 of this chapter must include:

(1) the same information reported to the department under 40 CFR 280.50 or 40 CFR 280.53; and

(2) any other information the county health officer considers necessary or appropriate.

As added by P.L.221-2007, SEC.16. Amended by P.L.135-2026, SEC.256.
Ind. Code § 13-20.5-1-0.5 — Indiana Code / Title 13 / Article 20.5 / Chapter 1 / Section 13-20.5-1-0.5
"Program year"
Status: in_force

Sec. 0.5. As used in this chapter, "program year" means a calendar year.

As added by P.L.200-2017, SEC.5.
Ind. Code § 13-22-12-9 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-9
Annual operation fees; applicability
Status: in_force

Sec. 9. Annual operation fees established under this chapter apply to facilities that:

(1) have received a permit from the department; or

(2) are operating under interim status or otherwise manage hazardous waste subject to regulation under the following:

(A) IC 13-22-2 through IC 13-22-8.

(B) IC 13-22-13 through IC 13-22-14.

[Pre-1996 Recodification Citation: 13-7-16.1-3(m).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-30-3-8 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-8
Private actions permitted; conditions
Status: in_force

Sec. 8. (a) A person who has filed a complaint under IC 13-30-1 may proceed against the alleged violator if the department does not:

(1) commence:

(A) an administrative proceeding; or

(B) a civil action;

on the alleged pollution, impairment, or destruction not later than ninety (90) days after receiving notice under IC 13-30-1-2;

(2) take steps not later than ninety (90) days after receiving notice under IC 13-30-1-2 to have a criminal prosecution commenced on the alleged pollution, impairment, or destruction; or

(3) diligently pursue:

(A) an administrative proceeding; or

(B) a civil action;

concerning the alleged pollution, impairment, or destruction after the administrative proceeding or civil action is commenced.

(b) The department does not have to be joined as a party in an action under this section.

[Pre-1996 Recodification Citation: 13-7-11-2(g).]

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-11-2-25 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-25
"Chemical munition"
Status: in_force

Sec. 25. "Chemical munition", for purposes of IC 13-22-3-10, means any of the following:

(1) GA (Ethyl-N, N-dimethyl phosphoramidocyanidate).

(2) GB (Isopropyl methyl phosphonoflouridate).

(3) H, HD (Bis(2-chloroethyl) sulfide).

(4) HT (Sixty percent (60%) HD and forty percent (40%) T (Bis[2(2-chloroethyl-thio)ethyl]ester)).

(5) L (Dichloro(2-chlorovinyl)arsine).

(6) VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl phosphonothiolate).

[Pre-1996 Recodification Citation: 13-7-8.5-13(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-26-8-4 — Indiana Code / Title 13 / Article 26 / Chapter 8 / Section 13-26-8-4
Addition of territory to regional sewage or solid waste district other than at request of eligible entity
Status: in_force

Sec. 4. (a) This section applies to the addition of territory to a regional sewage or solid waste district other than at the request of an eligible entity described in section 1 of this chapter. This section does not apply to a regional water district.

(b) To add territory to a district already established, the board of the district must file with the department a motion adopted by the board requesting the addition of territory to the district. If the motion is for the addition of territory to a regional sewage district, the board, not later than ten (10) days after filing the motion with the department, must also file a copy of the motion in the office of:

(1) the executive of each governmental entity having territory within the territory proposed to be added to the regional sewage district; and

(2) the executive of a city or town having:

(A) a municipal sewage works under IC 36-9-23; or

(B) a public sanitation department under IC 36-9-25;

if the territory proposed to be added to the regional sewage district includes territory within the extraterritorial jurisdiction of the municipal sewage works or public sanitation department.

(c) Except as provided under subsections (d) and (e), if a motion is filed with the department under subsection (b):

(1) the same procedure must be used to add territory to the district as is provided for the establishment of a district under IC 13-26-2; and

(2) the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7.

(d) Not more than one hundred eighty (180) days after the date a motion is filed with the department under subsection (b) to add territory to a district already established, if a petition is filed with the department that is signed by a majority of the freeholders within the area proposed to be added and indicating that the freeholders are opposed to the addition of the area by the district:

(1) the department may not proceed under subsection (c); and

(2) the territory may not be added to the district.

(e) For purposes of subsection (c):

(1) the commissioner is not required to appoint a hearing officer under IC 13-26-2-5;

(2) the board shall:

(A) provide the notice of; and

(B) conduct;

the hearing required under IC 13-26-2-6; and

(3) instead of making findings and recommendations under IC 13-26-2-8, the board shall submit documentary evidence to the commissioner to prove the:

(A) notice was provided; and

(B) hearing was conducted;

by the board as required under subdivision (2).

As added by P.L.123-2011, SEC.3. Amended by P.L.292-2013, SEC.9; P.L.165-2018, SEC.5.
Ind. Code § 13-11-2-197.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-197.8
"Sedimentation"
Status: in_force

Sec. 197.8. "Sedimentation", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-11.

As added by P.L.248-2019, SEC.10.
Ind. Code § 13-20-22-7 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-7
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.4.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.13.
Ind. Code § 13-14-1-12 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-12
Enforcement of rules
Status: in_force

Sec. 12. The commissioner shall enforce rules consistent with the purposes of:

(1) air pollution control laws;

(2) water pollution control laws;

(3) IC 13-18-9;

(4) IC 13-18-10;

(5) IC 13-19-3; and

(6) IC 36-9-30.

[Pre-1996 Recodification Citation: 13-7-3-12.]

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.78.
Ind. Code § 13-11-2-22 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-22
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.6-2(k).]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.4. Repealed by P.L.135-2026, SEC.12.
Ind. Code § 13-11-2-182 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-182
"Regional facility"
Status: in_force

Sec. 182. "Regional facility", for purposes of IC 13-29-1, means a facility which is located within the region and which is established by a party state pursuant to designation of that state as a host state by the Commission.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-23-2 — Indiana Code / Title 13 / Article 20 / Chapter 23 / Section 13-20-23-2
Funds from disposal fees received by townships
Status: in_force

Sec. 2. A township that has one (1) of the following populations and meets the requirements of section 3 of this chapter is entitled to receive the following percentage of disposal fees paid to the county in which the township is located:

Township Population

Percentage

Less than 3,000

8%

More than 3,200

6%

but less than 3,900

More than 60,000

6%

but less than 90,000

As added by P.L.133-1998, SEC.6. Amended by P.L.170-2002, SEC.88.
Ind. Code § 13-28-3-4 — Indiana Code / Title 13 / Article 28 / Chapter 3 / Section 13-28-3-4
Confidential information
Status: in_force

Sec. 4. Inquiries made to the program and activities and documents of the program that identify or describe an individual facility or operation are confidential, unless a clear and immediate danger to the public health or environment exists. Information concerning inquiries, activities, and documents of the program that identify or describe an individual facility or operation may not be made available for use by other divisions of the department without the consent of the person who:

(1) made the inquiry;

(2) participated in the activity; or

(3) provided the document.

[Pre-1996 Recodification Citation: 13-10-2-4.]

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-21-7-7 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-7
Waste management district bonds not corporate obligation or unit indebtedness
Status: in_force

Sec. 7. (a) The waste management district bonds:

(1) are special obligations of the district; and

(2) are not, in any respect, a corporate obligation or indebtedness of the units that comprise the district.

(b) The waste management district bonds issued under this chapter or IC 13-9.5-9-3 (before its repeal) and the interest on the bonds are payable out of a special tax levied upon all of the property of the district and any other revenues made available for that purpose under this article. The waste management district bonds must recite these terms on the face of the bonds together with the purpose for which the bonds are issued.

[Pre-1996 Recodification Citation: 13-9.5-9-3(f).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-30-9-6 — Indiana Code / Title 13 / Article 30 / Chapter 9 / Section 13-30-9-6
Restrictions on actions involving underground storage tanks
Status: in_force

Sec. 6. In an action to recover costs associated with a release from an underground storage tank, a person may bring the action under:

(1) this chapter; or

(2) IC 13-23-13-8.

A person may not bring the action under both this chapter and IC 13-23-13-8.

As added by P.L.59-1997, SEC.23.
Ind. Code § 13-14-13-3 — Indiana Code / Title 13 / Article 14 / Chapter 13 / Section 13-14-13-3
Repealed
Status: repealed

As added by P.L.114-2008, SEC.8. Repealed by P.L.147-2015, SEC.5.
Ind. Code § 13-23-7-6 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-6
Reversion to general fund
Status: in_force

Sec. 6. Money in the ELTF at the end of a state fiscal year does not revert to the state general fund.

[Pre-1996 Recodification Citation: 13-7-20-31(f).]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.10; P.L.96-2016, SEC.17.
Ind. Code § 13-18-12-6 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-6
Enforcement; violations; inspections
Status: in_force

Sec. 6. (a) This chapter shall be enforced under IC 13-30-3.

(b) Violations of this chapter are subject to the penalties imposed by the following:

(1) IC 13-30-4.

(2) IC 13-30-5.

(3) IC 13-30-8.

In addition, a violation of this chapter may lead to criminal prosecution under IC 13-30-10.

(c) The commissioner may make inspections under this chapter in accordance with IC 13-14-2-2 and IC 13-14-5.

[Pre-1996 Recodification Citation: 13-7-8.8-7.]

As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.13.