Ind. Code § 13-26-11-7 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-7
Connection charges; liens
Status: in_force

Sec. 7. (a) If a district constructs sewers or water mains as a part of the construction of the works that are suitable for use as a local or lateral sewer or main by abutting or adjoining property, the district may charge for the connection on the basis of the pro rata cost of construction of a local or lateral sewer or water main sufficient to serve the property.

(b) Each property owner must agree to pay for the connection in making an application for service. If payment is not made as agreed, the payment constitutes a lien on the property for which the connection is made.

(c) The proceeds of the connection charges may be handled as:

(1) net revenues of the works; or

(2) payments toward the cost of construction or future improvements.

[Pre-1996 Recodification Citation: 13-3-2-24.]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-20-8-8 — Indiana Code / Title 13 / Article 20 / Chapter 8 / Section 13-20-8-8
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-21-8.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.37-2012, SEC.31.
Ind. Code § 13-11-2-41.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-41.2
"Construction plan"
Status: in_force

Sec. 41.2. "Construction plan", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-3.

As added by P.L.248-2019, SEC.2.
Ind. Code § 13-20-23-3 — Indiana Code / Title 13 / Article 20 / Chapter 23 / Section 13-20-23-3
Township resolutions to receive funds from disposal fees
Status: in_force

Sec. 3. To receive funds under section 2 of this chapter, the fiscal body of a township must do both of the following:

(1) Adopt a resolution that:

(A) identifies the host agreement that is the subject of the resolution;

(B) states that the township has elected to exercise its entitlement under section 2 of this chapter;

(C) states the percentage of the disposal fees the township elects to receive; and

(D) specifies that the disposal fees will be used to provide fire services within the township.

(2) File the resolution with the county auditor.

As added by P.L.133-1998, SEC.6.
Ind. Code § 13-23-7-5 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-5
Investments
Status: in_force

Sec. 5. The treasurer of state shall invest the money in the ELTF not currently needed to meet the obligations of the ELTF in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the ELTF.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.9; P.L.96-2016, SEC.16; P.L.135-2026, SEC.241.
Ind. Code § 13-21-5-21 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-21
Withdrawal or removal of counties from joint districts; plan requirements; notice of noncompliance
Status: in_force

Sec. 21. (a) If a county seeks to withdraw from a joint district or a joint district seeks to remove a county from the joint district under IC 13-21-4 and the county:

(1) designates itself as a county district;

(2) joins into an existing joint district; or

(3) joins with one (1) or more other counties in establishing a new joint district;

the county district or the joint district shall comply with this section.

(b) If a county that withdraws from a joint district designates itself as a county district, the board appointed for the new county district under IC 13-21-3-4 shall file a district plan with the commissioner not later than one (1) year after the date the identical resolutions adopted under IC 13-21-4-2 for the county's withdrawal from the joint district take effect. The district plan of the joint district continues to serve as the plan for the new county district to the extent the terms of the plan apply to the new county district until the plan of the new county district is approved under this chapter. If the board fails to file the district plan with the commissioner not later than one (1) year after the effective date of the identical resolutions, the commissioner may adopt a district plan for the new county district.

(c) If a county that is removed by a joint district designates itself as a county district, the board appointed for the new county district under IC 13-21-3-4 shall file a district plan with the commissioner not later than one (1) year after the date the identical resolutions adopted under IC 13-21-4-2 for the county's removal from the joint district take effect. The district plan of the joint district continues to serve as the plan for the new county district to the extent the terms of the plan apply to the new county district until the plan of the new county district is approved under this chapter. If the board fails to file the district plan with the commissioner not later than one (1) year after the effective date of the identical resolutions, the commissioner may adopt a district plan for the new county district.

(d) If a county joins into an existing joint district, the board of the joint district:

(1) must approve the addition of the county to the district;

(2) shall amend the district plan to include the additional county; and

(3) shall file the amended district plan with the commissioner not later than one (1) year after the addition of the county to the district.

The district plan of the joint district continues to serve as the plan for the new joint district until the date the amended district plan is approved under this chapter. If the board fails to file the amended district plan with the commissioner not later than one (1) year after the addition of the county to the district, the commissioner may adopt a district plan for the new joint district.

(e) If a county joins in establishing a new joint district, the board of the new joint district shall, not later than one (1) year after:

(1) the adoption of an ordinance establishing the joint district; and

(2) approving an agreement governing the operation of the joint district;

file a new district plan with the commissioner. If the board fails to file the new district plan with the commissioner not later than one (1) year after the adoption and approval under subdivisions (1) and (2), the commissioner may adopt a district plan for the new joint district.

(f) If a county withdraws from a joint district that consists of more than two (2) counties, the board of the joint district shall:

(1) restructure the joint district's board under IC 13-21-3 not later than forty-five (45) days; and

(2) amend the district plan under sections 1 through 7 of this chapter and file the amended district plan with the commissioner not later than one (1) year;

after the date the identical resolutions adopted under IC 13-21-4-2 for the county's withdrawal from the joint district take effect. The district plan of the joint district continues to serve as the plan for the new joint district to the extent the terms of the plan apply to the new joint district until the amended plan of the new joint district is approved under this chapter. If the board fails to file the amended district plan with the commissioner not later than one (1) year after the effective date of the identical resolutions, the commissioner may adopt a district plan for the new joint district.

(g) If a county is removed from a joint district that consists of more than two (2) counties, the board of the joint district shall:

(1) restructure the joint district's board under IC 13-21-3 not later than forty-five (45) days; and

(2) amend the district plan under sections 1 through 7 of this chapter and file the amended district plan with the commissioner not later than one (1) year;

after the date the identical resolutions adopted under IC 13-21-4-2 for the county's removal from the joint district take effect. The district plan of the joint district continues to serve as the plan for the new joint district to the extent the terms of the plan apply to the new joint district until the amended plan of the new joint district is approved under this chapter. If the board fails to file the amended district plan with the commissioner not later than one (1) year after the effective date of the identical resolutions, the commissioner may adopt a district plan for the new joint district.

(h) A district plan adopted under this section is considered approved unless the commissioner notifies the district in writing not later than thirty (30) days after the district plan is filed with the commissioner that the district plan fails to comply with the state plan. The notice provided by the commissioner must include comments concerning changes to the district plan that would make the district plan acceptable.

(i) With respect to a joint district that consists of only two (2) counties, if the county other than the county that withdraws from the joint district designates itself as a county district, the board appointed for the new county district under IC 13-21-3-4 shall file a district plan with the commissioner not later than one (1) year after the date the identical resolutions adopted under IC 13-21-4-2 for the withdrawal from the joint district take effect. The district plan of the joint district continues to serve as the plan for the new county district to the extent the terms of the plan apply to the new county district until the plan of the new county district is approved under this chapter. If the board fails to file the district plan with the commissioner not later than one (1) year after the effective date of the identical resolutions, the commissioner may adopt a district plan for the new county district.

[Pre-1996 Recodification Citation: 13-9.5-4-13.]

As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.10.
Ind. Code § 13-21-5-15 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-15
Optional provisions to restrict disposal of solid waste from another state
Status: in_force

Sec. 15. A district plan may, to the extent the provisions are constitutionally permissible, include provisions to restrict or prohibit the disposal within the district of solid waste originating from another state if the district reasonably considers the provisions necessary to accomplish the long range planning goals of the district.

[Pre-1996 Recodification Citation: 13-9.5-4-8.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-5-6 — Indiana Code / Title 13 / Article 20 / Chapter 5 / Section 13-20-5-6
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22-2.7(g).]

As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-11-2-234 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-234
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22.5-7.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.58.
Ind. Code § 13-21-13-6 — Indiana Code / Title 13 / Article 21 / Chapter 13 / Section 13-21-13-6
Fees not revenues
Status: in_force

Sec. 6. Fees prescribed by this chapter are not:

(1) revenues (as defined in IC 36-9-31-2) of a facility (as defined in IC 36-9-31-2); or

(2) revenues under:

(A) IC 8-1.5;

(B) IC 13-21-3-13;

(C) IC 13-21-7 through IC 13-21-12;

(D) IC 13-21-14; or

(E) IC 36-9-30.

[Pre-1996 Recodification Citation: 13-9.5-7-7.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-204.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-204.5
"Small construction activity site"
Status: in_force

Sec. 204.5. "Small construction activity site", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-12.

As added by P.L.248-2019, SEC.11.
Ind. Code § 13-18-10.5-2 — Indiana Code / Title 13 / Article 18 / Chapter 10.5 / Section 13-18-10.5-2
Rules
Status: in_force

Sec. 2. The board may adopt rules under IC 4-22-2 and IC 13-14-9 regarding the construction, operation, and maintenance of a satellite manure storage structure.

As added by P.L.189-2011, SEC.12.
Ind. Code § 13-23-6-4 — Indiana Code / Title 13 / Article 23 / Chapter 6 / Section 13-23-6-4
Investments
Status: in_force

Sec. 4. 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.

[Pre-1996 Recodification Citation: 13-7-20-30(c).]

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-11-2-257.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-257.6
"Wastewater"
Status: in_force

Sec. 257.6. "Wastewater", for purposes of IC 13-18, means liquid or water-carried wastes from industrial, municipal, agricultural, or other sources.

As added by P.L.107-2016, SEC.4. Amended by P.L.250-2019, SEC.4.
Ind. Code § 13-15-10-2 — Indiana Code / Title 13 / Article 15 / Chapter 10 / Section 13-15-10-2
Necessity for certification
Status: in_force

Sec. 2. A person may not obtain or renew a permit for a facility listed in section 1 of this chapter unless the facility is operated by an individual who is certified under this chapter.

[Pre-1996 Recodification Citation: 13-7-10-1.2(b).]

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-18-24-2 — Indiana Code / Title 13 / Article 18 / Chapter 24 / Section 13-18-24-2
"Personal care product"
Status: in_force

Sec. 2. (a) As used in this chapter, "personal care product" means:

(1) an article intended to be:

(A) rubbed on;

(B) poured on;

(C) sprinkled on;

(D) sprayed on;

(E) introduced into; or

(F) otherwise applied to;

the human body or a part of the human body for purposes of cleansing, beautifying, promoting the attractiveness of, or altering the appearance of the human body or a part of the human body; and

(2) any other article intended for use as a component of an article described in subdivision (1).

(b) The term does not include a prescription drug.

As added by P.L.21-2015, SEC.5.
Ind. Code § 13-14-8-3 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-3
Scope
Status: in_force

Sec. 3. A rule or standard adopted by a board may:

(1) make different provisions as required by varying circumstances and conditions for different contaminant sources and for different geographical areas;

(2) appropriately consider:

(A) background;

(B) interstate; or

(C) international sources of;

pollution; and

(3) make provision for abatement standards and procedures:

(A) concerning occurrences, emergencies, or pollution; or

(B) on other short term conditions constituting an acute danger to health or to the environment.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.135-2026, SEC.93.
Ind. Code § 13-11-2-94 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-94
"Hazardous chemical"
Status: in_force

Sec. 94. "Hazardous chemical", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11021(e).

[Pre-1996 Recodification Citation: 13-7-37-5.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-26-5-9 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-9
Disbursal of money for district purposes; electronic funds transfers; advance claim payments; board preapproval and review required
Status: in_force

Sec. 9. (a) As used in this section, "electronic funds transfer" means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, a telephone, a computer, magnetic tape, or other electronic means to order, instruct, or authorize a financial institution to debit or credit an account.

(b) A board may adopt an ordinance allowing money to be disbursed for lawful district purposes under this section.

(c) As part of an ordinance adopted under subsection (b), or by a separate ordinance adopted by the board, the board may authorize the district to do one (1) or both of the following through an electronic funds transfer method of payment:

(1) Pay claims owed by the district.

(2) Receive payments owed to the district.

If the board adopts an ordinance to grant the district the authority described in subdivision (1), the district may pay money from its funds by electronic funds transfer. However, the authority granted to a district by this subsection does not affect the rights, liabilities, or responsibilities of participants in an electronic fund transfer under the federal Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.), and a regional district that pays a claim by electronic funds transfer shall comply with all other requirements for the payment of claims by the regional district.

(d) Notwithstanding IC 5-11-10, with the prior written approval of the board, the fiscal officer of the district may make claim payments in advance of board allowance for the following kinds of expenses if the board has adopted an ordinance under subsection (b):

(1) Property or services purchased or leased from the United States government, its agencies, or its political subdivisions.

(2) License or permit fees.

(3) Insurance premiums.

(4) Utility payments or utility connection charges.

(5) General grant programs for which advance funding is not prohibited and the contracting party posts sufficient security to cover the amount advanced.

(6) Grants of state funds authorized by statute.

(7) Maintenance or service agreements.

(8) Leases or rental agreements.

(9) Bond or coupon payments.

(10) Payroll.

(11) State or federal taxes.

(12) Expenses that must be paid because of emergency circumstances.

(13) Expenses described in an ordinance.

(e) Each payment of expenses under this section must be supported by a fully itemized invoice or bill and certification by the fiscal officer of the district.

(f) The board shall review and allow a claim paid under subsection (d) at the board's next regular or special meeting following the preapproved payment of the expense.

As added by P.L.78-2009, SEC.20. Amended by P.L.71-2011, SEC.1.
Ind. Code § 13-21-3-17 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-17
Conferences, seminars, and training sessions; membership in planning and practice improvement organizations
Status: in_force

Sec. 17. (a) If a board determines that it is desirable or necessary for employees or members of the board or advisory committee to attend a conference, seminar, or training session that concerns solid waste management or related issues, the board may pay:

(1) applicable registration fees; and

(2) all actual expenses;

of the employees or members who attend the conference, seminar, or training session.

(b) A board may appropriate money necessary to provide membership for the district in state and national:

(1) civic;

(2) educational;

(3) professional; or

(4) governmental;

organizations that are concerned with the betterment and improvement of solid waste management planning and practices.

[Pre-1996 Recodification Citation: 13-9.5-2-11.3.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-15-11-5 — Indiana Code / Title 13 / Article 15 / Chapter 11 / Section 13-15-11-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-16-6.5(e).]

As added by P.L.1-1996, SEC.5. Amended by P.L.53-2014, SEC.121. Repealed by P.L.130-2018, SEC.60.
Ind. Code § 13-23-8-4 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-4
Payment of ELTF claims; assignment of right to receive payment; action required within 45 days
Status: in_force

Sec. 4. (a) The administrator shall pay ELTF claims that are:

(1) for costs related to eligible releases;

(2) submitted by eligible parties; and

(3) submitted in accordance with IC 13-23-8 and IC 13-23-9.

(b) The administrator, if appropriate, may allow an eligible party to assign the eligible party's right to receive payment of an ELTF claim to another person.

(c) Not more than forty-five (45) business days after an ELTF claim is submitted, the administrator shall do one (1) of the following:

(1) Approve the ELTF claim and, under IC 13-23-9-2(c), forward the ELTF claim to the state comptroller for payment.

(2) Send to the claimant a written notice that:

(A) states that a correction, a clarification, or additional information is needed before the ELTF claim can be approved; and

(B) provides a clear explanation:

(i) of the correction, clarification, or additional information that is needed; and

(ii) of why it is needed.

(3) Deny the claim and provide the claimant with a statement of the reasons for the denial under IC 13-23-9-2(b).

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

As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.7; P.L.9-1996, SEC.14; P.L.2-1997, SEC.48; P.L.131-1997, SEC.3; P.L.2-1998, SEC.54; P.L.14-2001, SEC.9; P.L.19-2012, SEC.2; P.L.13-2013, SEC.48; P.L.244-2013, SEC.2; P.L.96-2016, SEC.25; P.L.250-2019, SEC.34; P.L.9-2024, SEC.344; P.L.135-2026, SEC.242.
Ind. Code § 13-26-4-6.1 — Indiana Code / Title 13 / Article 26 / Chapter 4 / Section 13-26-4-6.1
Repealed
Status: repealed

As added by P.L.97-2012, SEC.7. Amended by P.L.139-2012, SEC.4. Repealed by P.L.181-2018, SEC.12.
Ind. Code § 13-24-1-8 — Indiana Code / Title 13 / Article 24 / Chapter 1 / Section 13-24-1-8
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.14. Repealed by P.L.135-2026, SEC.258.
Ind. Code § 13-20-25-12 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-12
Repealed
Status: repealed

As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015, SEC.18. Repealed by P.L.23-2026, SEC.291 and P.L.135-2026, SEC.212.
Ind. Code § 13-17-9-2 — Indiana Code / Title 13 / Article 17 / Chapter 9 / Section 13-17-9-2
Railroad maintenance and repair
Status: in_force

Sec. 2. Subject to section 3 of this chapter, a person may open burn clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the railroad rights-of-way. A person may not open burn railroad ties.

[Pre-1996 Recodification Citation: 13-1-1.2-2.]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-26-10-6 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-6
Execution and attestation of bonds
Status: in_force

Sec. 6. The:

(1) president of the board shall execute; and

(2) secretary of the board shall attest;

the bonds and coupons. The coupons must bear facsimile signature.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-20-25-16 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-16
Expired
Status: repealed

As added by P.L.126-2014, SEC.9. Expired 12-31-2014 by P.L.126-2014, SEC.9.
Ind. Code § 13-11-2-193.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-193.5
"Restrictive covenant"
Status: in_force

Sec. 193.5. "Restrictive covenant" means, with respect to land, any deed restriction, restrictive covenant, environmental covenant, environmental notice, or other restriction or obligation that:

(1) is executed before July 1, 2009, and:

(A) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment;

(B) by its terms is intended to run with the land and be binding on successors;

(C) is recorded with the county recorder's office in the county in which the land is located; and

(D) explains how it can be modified or terminated; or

(2) is executed after June 30, 2009, and:

(A) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment;

(B) by its terms is intended to run with the land and be binding on successors;

(C) is recorded with the county recorder's office in the county in which the land is located;

(D) explains how it can be modified or terminated;

(E) grants the department access to the land;

(F) requires notice to a transferee of:

(i) the land; or

(ii) an interest in the land;

of the existence of the restrictive covenant; and

(G) identifies the means by which the environmental files at the department that apply to the land can be located.

As added by P.L.61-2001, SEC.2. Amended by P.L.18-2008, SEC.1; P.L.78-2009, SEC.8.
Ind. Code § 13-19-7-1 — Indiana Code / Title 13 / Article 19 / Chapter 7 / Section 13-19-7-1
"East Chicago area of special concern"
Status: in_force

Sec. 1. (a) As used in this chapter, "East Chicago area of special concern" means all areas of East Chicago in which:

(1) lead has been discovered in the soil through testing at a level at least equal to the danger level identified under Section 403 of the federal Toxic Substances Control Act, 15 U.S.C. 2684, for bare soil in children's play areas;

(2) arsenic has been discovered in the soil through testing at a level at least equal to the Regional Screening Level for soil arsenic under the exposure assumptions for residential property (unrestricted use) established by the EPA; or

(3) the presence of:

(A) lead in the soil at a level at least equal to the danger level identified under Section 403 of the federal Toxic Substances Control Act, 15 U.S.C. 2684, for bare soil in children's play areas; or

(B) arsenic in the soil at a level at least equal to the Regional Screening Level for soil arsenic under the exposure assumptions for residential property (unrestricted use) established by the EPA;

is probable due to the documented history of one (1) or more industrial facilities that formerly operated in the area.

(b) The term includes the following:

(1) The entire area of East Chicago listed on April 19, 2009, on the Superfund National Priorities List compiled under Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9605 (EPA site identification number IND047030226).

(2) The area in which:

(A) the lead factory known alternately as International Lead Refining Co., Anaconda Lead Products, and Eagle Picher was located; and

(B) the West Calumet Housing Complex was constructed between 1970 and 1973.

As added by P.L.88-2017, SEC.4.
Ind. Code § 13-13-7.1-12 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-12
Staff support
Status: in_force

Sec. 12. The department may provide administrative and technical support to the panel, including duties related to the development and dissemination of reports and advisory opinions.

As added by P.L.53-2014, SEC.119. Amended by P.L.42-2024, SEC.102; P.L.135-2026, SEC.62.
Ind. Code § 13-20-25-6 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-6
"Recycle"
Status: in_force

Sec. 6. As used in this chapter, "recycle" means to take action by which recyclable materials are recovered from the solid waste stream for purposes of:

(1) use or reuse;

(2) conversion into raw materials; or

(3) use in the production of new products.

As added by P.L.126-2014, SEC.9.
Ind. Code § 13-15-3-5 — Indiana Code / Title 13 / Article 15 / Chapter 3 / Section 13-15-3-5
Department may issue certain permits only after staff action; local approval
Status: in_force

Sec. 5. (a) Whenever a permit is required by any rule of the board under IC 13-15-1 for the construction, installation, operation, or modification of any facility, equipment, or device, the permit may be issued only after the department staff has:

(1) approved the plans and specifications; and

(2) determined that the facility, equipment, or device meets the requirement of the rule.

(b) Notwithstanding subsection (a) and subject to subsection (c), a person to whom a permit has been issued may not start the construction, installation, operation, or modification of a facility, equipment, or a device until the person has obtained any approval required by any:

(1) county;

(2) city; or

(3) town;

in which the facility, equipment, or device is located.

(c) Subsection (b) applies only to an approval required in an applicable ordinance, rule, or regulation in effect at the time the person submits the permit application to the issuing state agency.

[Pre-1996 Recodification Citation: 13-7-10-2(d).]

As added by P.L.1-1996, SEC.5. Amended by P.L.78-2009, SEC.12; P.L.133-2012, SEC.100.
Ind. Code § 13-13-5-1 — Indiana Code / Title 13 / Article 13 / Chapter 5 / Section 13-13-5-1
Designation of department as agency
Status: in_force

Sec. 1. Except as provided in IC 14-37, the department is designated as the following:

(1) The water pollution agency for Indiana for all purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in effect January 1, 1988, and the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j) in effect January 1, 1988.

(2) The solid waste agency for Indiana for all purposes of the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) in effect January 1, 1988.

(3) The air pollution control agency for Indiana for all purposes of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended.

(4) The state agency with responsibility concerning the Midwest Interstate Compact on Low-Level Radioactive Waste under IC 13-29-1.

(5) The state agency with responsibility concerning the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 through 9675) as in effect on January 1, 1993, and concerning 40 CFR 300.505, Subpart F of the National Oil and Hazardous Substances Pollution Contingency Plan.

(6) The state agency with responsibility concerning the federal Defense Environmental Restoration Program (10 U.S.C. 2701 through 2708) as in effect on January 1, 1993.

[Pre-1996 Recodification Citations: 13-1-4-2 part; 13-7-2-15(a).]

As added by P.L.1-1996, SEC.3. Amended by P.L.135-2026, SEC.54.
Ind. Code § 13-11-2-197.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-197.7
"Security interest"
Status: in_force

Sec. 197.7. "Security interest", for purposes of sections 119, 148, 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes:

(1) a right under a:

(A) mortgage;

(B) deed of trust;

(C) assignment;

(D) judgment lien;

(E) pledge;

(F) security agreement;

(G) factoring agreement; or

(H) lease; and

(2) any other right accruing to a person to secure:

(A) the repayment of money;

(B) the performance of a duty; or

(C) any other obligation;

by a nonaffiliated person.

As added by P.L.90-1998, SEC.12.
Ind. Code § 13-11-2-28 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-28
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-1-3-22(b).]

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1996, SEC.1. Repealed by P.L.127-1997, SEC.2.
Ind. Code § 13-18-12-2.5 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-2.5
Land application of industrial waste products
Status: in_force

Sec. 2.5. (a) The department and the board may allow a person to use industrial waste products in a land application operation or as ingredients in a soil amendment or soil substitute to be land applied if:

(1) the industrial waste products are not hazardous wastes;

(2) the industrial waste products:

(A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or

(B) otherwise provide a benefit to the process of creating the soil amendments or soil substitute or to the final soil amendment, soil substitute, or material to be land applied, such as bulking;

(3) the finished soil amendment, soil substitute, or material to be land applied satisfies the applicable criteria in rules established by the board;

(4) the finished soil amendment, soil substitute, or material to be land applied has a beneficial use;

(5) the requirements of subsection (b) are satisfied; and

(6) the person pays a permit fee in an amount determined under rules adopted by the board that does not exceed the costs incurred by the department to issue the permit.

For purposes of this subsection, "beneficial use" means the use of a solid waste for fertilizing or soil conditioning properties to provide nutrients for growing plants or crops, increase organic matter, provide pH adjustment capabilities, or provide other benefits to the soil or crops as shown to the satisfaction of the commissioner through an approved research or demonstration project.

(b) The department:

(1) may allow the use of industrial waste products:

(A) in a land application operation; or

(B) as ingredients in a soil amendment or soil substitute to be land applied;

on the same basis as other materials under the rules concerning land application and marketing and distribution permits;

(2) may not:

(A) discriminate against the use of industrial waste products on the basis that the industrial waste products lack biological carbon;

(B) impose requirements beyond applicable criteria in rules established by the board, unless additional requirements are necessary for the protection of human health and the environment;

(C) require that the finished soil amendment, soil substitute, or material to be land applied must be of a particular economic value; or

(D) for any pollutant that has a pollutant limit or concentration in 327 IAC 6.1, require that an industrial waste product or the finished soil amendment, soil substitute, or material to be land applied satisfies:

(i) the department's remediation closure guidance; or

(ii) any other standards other than criteria in 327 IAC 6.1;

(3) for any pollutant present in the industrial waste products that does not have a pollutant limit or concentration in 327 IAC 6.1, shall consider the benefits of the finished soil amendment, soil substitute, or material to be land applied as compared to the measurable risks to human health and the environment based on the anticipated use of the finished soil amendment, soil substitute, or material to be land applied; and

(4) shall require an application for a permit for the land application of industrial waste products to include characterization of individual industrial waste products at the point of waste generation before mixing the waste streams.

As added by P.L.223-2011, SEC.2. Amended by P.L.6-2012, SEC.104; P.L.133-2012, SEC.130; P.L.250-2019, SEC.24; P.L.135-2026, SEC.166.
Ind. Code § 13-26-11-8 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-8
Rates and charges
Status: in_force

Sec. 8. (a) The board shall, by ordinance, establish just and equitable rates or charges for the use of and the service provided by a works. The rates or charges are payable by the owner of each lot, parcel of land, or building that:

(1) is connected with and uses a works; or

(2) in any way uses or is served by a works.

(b) Subject to section 15 of this chapter, the board may periodically change and readjust the rates or charges as provided in this article.

[Pre-1996 Recodification Citation: 13-3-2-25(a).]

As added by P.L.1-1996, SEC.16. Amended by P.L.221-2007, SEC.19.
Ind. Code § 13-18-3-8 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-8
Sealing of mines and wells
Status: in_force

Sec. 8. The commissioner may require the sealing of mines, oil and gas wells, brine wells, or any other subterranean strata that are:

(1) causing;

(2) contributing to; or

(3) about to cause or contribute to;

a polluted condition of the waters of Indiana.

[Pre-1996 Recodification Citation: 13-1-3-5(b) part.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-11-2-233 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-233
"Toxic material"
Status: in_force

Sec. 233. "Toxic material", for purposes of IC 13-27, means any of the following:

(1) A chemical substance in a gaseous, liquid, or solid state that meets the definition of hazardous substance in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601(14)).

(2) A mixture of substances described in subdivision (1).

(3) An element, a substance, a compound, or a mixture designated by the commissioner as a toxic or hazardous substance.

(4) A mixture of substances containing a substance described in subdivision (1).

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-15.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.10; P.L.37-2012, SEC.12.
Ind. Code § 13-11-2-44 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-44
"Cost"
Status: in_force

Sec. 44. "Cost", for purposes of IC 13-21 and as applied to a facility or any part of a facility, includes the following:

(1) The cost of construction, modification, decommissioning, disposal, or acquisition of the facility or any part of the facility.

(2) Financing charges.

(3) Interest before and during construction and for a reasonable period after the construction as determined by the board of directors.

(4) The cost of funding reserves to secure the payment of principal and interest on bonds issued by the district.

(5) The cost of funding an operation and maintenance reserve fund.

(6) The cost of funding a major repair or replacement fund.

(7) Legal and underwriting expenses.

(8) Municipal bond insurance premiums.

(9) The cost of plans, specifications, surveys, and estimates of costs and revenues.

(10) Other expenses necessary or incidental to determining the feasibility or practicability of constructing the facility.

(11) Administrative expense.

(12) Other expenses necessary or incidental to the construction, modification, or acquisition of the facility, the financing of the construction, modification, or acquisition of the facility, and the placing of the facility in operation.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-6.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-19-4-1 — Indiana Code / Title 13 / Article 19 / Chapter 4 / Section 13-19-4-1
Chapter not applicable to certain transfer station and solid waste disposal facility permits
Status: in_force

Sec. 1. (a) Except as provided in section 8(e) of this chapter, this chapter does not apply to:

(1) an applicant for a transfer station permit that holds a permit for and continuously operates; or

(2) the transfer of a permit for a transfer station to an applicant that holds a permit for and is operating;

a transfer station, solid waste disposal facility, or hazardous waste facility in Indiana after December 31, 2004.

(b) Except as provided in section 8(e) of this chapter, this chapter does not apply to the transfer of a permit for a solid waste disposal facility to an applicant that holds a permit for and is operating a solid waste disposal facility or hazardous waste facility in Indiana after December 31, 2004.

(c) This chapter does not apply to an advanced recycling facility.

[Pre-1996 Recodification Citation: 13-7-10.2-8.]

As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.4; P.L.54-2023, SEC.18.
Ind. Code § 13-18-24-7 — Indiana Code / Title 13 / Article 18 / Chapter 24 / Section 13-18-24-7
Manufacture of over the counter drugs banned
Status: in_force

Sec. 7. After December 31, 2018, a person may not manufacture for sale an over the counter drug that contains synthetic plastic microbeads.

As added by P.L.21-2015, SEC.5.
Ind. Code § 13-14-1-2 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-2
Program of continuing surveillance and inspection
Status: in_force

Sec. 2. The department shall conduct a program of continuing surveillance and inspection of the following:

(1) Solid waste management sites.

(2) Actual or threatened sources of environmental pollution by contamination, radiation, odor, or noise.

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

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-30-9-2 — Indiana Code / Title 13 / Article 30 / Chapter 9 / Section 13-30-9-2
Person who may bring action
Status: in_force

Sec. 2. A person may, regardless of whether the person caused or contributed to the release of a hazardous substance or petroleum into the surface or subsurface soil or groundwater that poses a risk to human health and the environment, bring an environmental legal action against a person that caused or contributed to the release to recover reasonable costs of a removal or remedial action involving the hazardous substances or petroleum.

As added by P.L.59-1997, SEC.23. Amended by P.L.221-2007, SEC.23.
Ind. Code § 13-28-4-7 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-7
Waiver of privilege
Status: in_force

Sec. 7. (a) Subject to subsections (b) and (c), the privilege described in section 1 of this chapter does not apply to the extent that the privilege is waived:

(1) expressly; or

(2) by implication;

by the owner or operator who prepared the environmental report or caused the report to be prepared.

(b) A party that submits an environmental audit report to the department waives any privilege to which the party would otherwise be entitled under this chapter. If the department determines under IC 5-14-3-4(a) that part of an environmental audit report is excepted from IC 5-14-3-3, then that part of the environmental audit report may not be disclosed by a public agency unless access to the report is required by a state or federal statute or is ordered by a court as provided under IC 5-14-3-4(a).

(c) When the department or a prosecuting attorney obtains, reviews, or uses an environmental audit report in a criminal proceeding, the administrative or civil evidentiary privilege created by this chapter is not waived or eliminated for any other purpose.

[Pre-1996 Recodification Citation: 13-10-3-9.]

As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.15.
Ind. Code § 13-25-4-17 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-17
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.267.
Ind. Code § 13-11-2-245.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-245.5
"Voluntarily created wetland"
Status: in_force

Sec. 245.5. "Voluntarily created wetland", for purposes of this chapter, means an isolated wetland that:

(1) was restored or created in the absence of a governmental order, directive, or regulatory requirement concerning the restoration or creation of the wetland; and

(2) has not been applied for or used as compensatory mitigation or another regulatory purpose that would have the effect of subjecting the wetland to regulation as waters by:

(A) the department; or

(B) another governmental entity.

As added by P.L.282-2003, SEC.30.
Ind. Code § 13-11-2-142.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-142.3
"Nonprofit corporation"
Status: in_force

Sec. 142.3. "Nonprofit corporation", for purposes of this chapter and IC 13-25-4-8, refers to a nonprofit corporation:

(1) that is exempt from income taxation under 26 U.S.C. 501;

(2) for which the primary purpose, as identified in the corporation's articles of incorporation, is to assist and support a political subdivision in a matter of public concern; and

(3) that has no member affiliated with any other person that is potentially liable for response costs at a facility through any of the following:

(A) A direct or an indirect familial relationship.

(B) A contractual, corporate, or financial relationship other than a contractual, corporate, or financial relationship that is created:

(i) by the instruments by which title to the facility is conveyed or financed; or

(ii) by a contract for the sale of goods or services.

(C) The result of a reorganization of a business entity that was potentially liable for response costs at the facility.

As added by P.L.221-2007, SEC.2.
Ind. Code § 13-11-2-30.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-30.8
"Coal combustion residuals"
Status: in_force

Sec. 30.8. "Coal combustion residuals", for purposes of IC 13-15-1-3 and IC 13-19-3-3, has the meaning set forth in IC 13-19-3-3(a).

As added by P.L.1-2017, SEC.1. Amended by P.L.100-2021, SEC.3.
Ind. Code § 13-11-2-83 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-83
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 4-23-21-1.6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.7; P.L.126-1997, SEC.1; P.L.253-1997(ss), SEC.12; P.L.132-1999, SEC.4; P.L.235-2005, SEC.127; P.L.233-2017, SEC.14. Repealed by P.L.189-2018, SEC.109.
Ind. Code § 13-20-4-16 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-16
Rules
Status: in_force

Sec. 16. The board may adopt rules under IC 4-22-2 to implement this chapter.

[Pre-1996 Recodification Citation: 13-7-31-17.]

As added by P.L.1-1996, SEC.10. Amended by P.L.113-2014, SEC.73.
Ind. Code § 13-23-3-1 — Indiana Code / Title 13 / Article 23 / Chapter 3 / Section 13-23-3-1
Establishment of certification program by department
Status: in_force

Sec. 1. (a) The department shall, under rules adopted by the board under IC 4-22-2 and IC 13-14-9, establish a certification program for persons who supervise, manage, or direct underground storage tank or aboveground storage tank:

(1) installation or retrofitting;

(2) testing;

(3) cathodic protection procedures; or

(4) decommissioning.

(b) A person may be certified by the department if the person submits evidence to the department that the person has successfully completed:

(1) the International Code Council examination; or

(2) another appropriate examination approved by the department.

(c) The department may create a supplemental educational library concerning proper installation and closure of underground storage tanks or aboveground storage tanks, which includes the American Petroleum Institute's series, "An Education and Certification Program for Underground Storage Tank Professionals" and "API 653 Aboveground Storage Tank Inspector Certification Program".

[Pre-1996 Recodification Citation: 13-7-20-13.1.]

As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.4; P.L.176-2023, SEC.33; P.L.135-2026, SEC.236.
Ind. Code § 13-13-5-2 — Indiana Code / Title 13 / Article 13 / Chapter 5 / Section 13-13-5-2
Federal cooperation
Status: in_force

Sec. 2. (a) The department may take any action necessary to secure for Indiana the benefits of the statutes described in section 1 of this chapter.

(b) To achieve the goals of cooperative federalism, the department shall actively engage with its federal counterparts through comments, petitions, letters, advisory committees, rulemaking activities, and other means, to ensure federal environmental laws and their implementation serve the state of Indiana under this title. The department shall prioritize opportunities to address federal actions that are unnecessary, create barriers to environmentally beneficial projects, or are inconsistent with the law or best available science.

[Pre-1996 Recodification Citations: 13-1-4-2 part; 13-7-2-15(b).]

As added by P.L.1-1996, SEC.3. Amended by P.L.135-2026, SEC.55.
Ind. Code § 13-14-5-1 — Indiana Code / Title 13 / Article 14 / Chapter 5 / Section 13-14-5-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to inspections conducted under IC 13-14-2-2 after July 1, 1993.

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

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-28-4-3 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-10-3-5.]

As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.
Ind. Code § 13-26-10-7 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-7
Revenue bonds; sale procedure
Status: in_force

Sec. 7. (a) Subject to subsection (b), the treasurer of the district shall sell the revenue bonds in a manner and at a price that is determined to be in the best interests of the district.

(b) If the bonds are sold at public sale, the bonds shall be sold in accordance with IC 5-1-11 as IC 5-1-11 applies to counties.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-17-5-8 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-8
Motor vehicle emissions inspection station; duty to report violations; notification of compliance
Status: in_force

Sec. 8. (a) Whenever:

(1) an officer or employee of the department; or

(2) a person the department has contracted with under section 5 (before its repeal) or 5.1 of this chapter or IC 13-1-1-11 (before its repeal);

learns of a violation of section 1, 2, 3, or 4 of this chapter or IC 13-1-1-6 (before its repeal), the officer or employee shall notify the bureau of motor vehicles in writing of the violation or failure for purposes of the suspension of the registration of the vehicle in question under IC 9-18.1-3-8.

(b) After a vehicle's registration is suspended under IC 9-18.1-3-8:

(1) an officer or employee of the department; or

(2) a person the department has contracted with under section 5 (before its repeal) or 5.1 of this chapter or IC 13-1-1-11 (before its repeal);

who recognizes that the violation of section 1, 2, 3, or 4 of this chapter or IC 13-1-1-6 (before its repeal) has been corrected shall notify the bureau of motor vehicles in writing of the correction or achievement of compliance for purposes of the reinstatement of the vehicle's registration under IC 9-18.1-3-8.

[Pre-1996 Recodification Citation: 13-1-1-12.]

As added by P.L.1-1996, SEC.7. Amended by P.L.229-1999, SEC.4; P.L.257-2017, SEC.42.
Ind. Code § 13-11-2-69 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-69
"Environmental audit report"
Status: in_force

Sec. 69. "Environmental audit report", for purposes of IC 13-28-4, means a set of documents prepared as a result of an environmental audit and labeled "Environmental Audit Report; Privileged Document" that:

(1) includes:

(A) field notes;

(B) records of observations;

(C) findings;

(D) opinions;

(E) suggestions;

(F) conclusions;

(G) drafts;

(H) memoranda;

(I) drawings;

(J) photographs;

(K) computer generated or electronically recorded information;

(L) maps;

(M) charts;

(N) graphs; and

(O) surveys;

collected or developed for the primary purpose of preparing an environmental audit; and

(2) includes, when completed, the following three (3) components:

(A) An audit report prepared by the auditor that includes the following:

(i) The scope of the audit.

(ii) The information gained in the audit.

(iii) Conclusions and recommendations.

(iv) Exhibits and appendices.

(B) Memoranda and documents:

(i) analyzing a part of or all of the audit report; and

(ii) discussing implementation issues.

(C) An implementation plan that addresses the following:

(i) Correcting past noncompliance.

(ii) Improving current compliance.

(iii) Preventing future noncompliance.

[Pre-1996 Recodification Citation: 13-10-3-2.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-30-7-5 — Indiana Code / Title 13 / Article 30 / Chapter 7 / Section 13-30-7-5
Public access to reports
Status: in_force

Sec. 5. (a) Before March 2 of each year, the department shall:

(1) file a report with the governor concerning any business required to correct a violation under section 1 of this chapter during the preceding year; and

(2) make the report available for public inspection.

(b) The report must include a summary of:

(1) violations;

(2) corrections for violations; and

(3) penalties;

imposed for each business.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-20.5-8-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 8 / Section 13-20.5-8-2
Actions not prohibited by program
Status: in_force

Sec. 2. This article does not prohibit or restrict:

(1) the operation of any program that recycles covered electronic devices in addition to programs provided by manufacturers;

(2) persons from receiving, collecting, transporting, or recycling covered electronic devices, if those persons are registered under IC 13-20.5-1; or

(3) a collector, recycler, or manufacturer from charging for directly collecting any covered electronic devices directly from covered entities, including charging for curbside collection from covered entities.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-13-7.1-1 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-1
Establishment; duties
Status: in_force

Sec. 1. The compliance advisory panel is established to carry out the duties required by 42 U.S.C. 7661f.

As added by P.L.53-2014, SEC.119. Amended by P.L.135-2026, SEC.56.
Ind. Code § 13-20.5-7-3 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-3
Revenue report to legislature
Status: in_force

Sec. 3. If the revenues in the electronic waste fund established by IC 13-20.5-2-3 exceed the amount that the department determines is necessary for efficient and effective administration of this article, the department shall report to the standing committees with subject matter jurisdiction over environmental affairs for both the house of representatives and the senate.

As added by P.L.178-2009, SEC.27. Amended by P.L.135-2026, SEC.222.
Ind. Code § 13-20-13-4 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-4
Prerequisites to certificate of registration; deposit of fees
Status: in_force

Sec. 4. (a) To apply for a certificate of registration under section 3 of this chapter, a person must submit the following to the department:

(1) A description of the location of the:

(A) waste tire storage site; or

(B) waste tire processing operation.

(2) A description of buildings, signs, notices, and alarms to be used:

(A) on the waste tire storage site; or

(B) in connection with the waste tire processing operation.

(3) A description of the management program for the waste tire storage site or waste tire processing operation, including emergency measures to be used on the site or at the operation.

(4) If the person who applies for the certificate of registration does not own the property where the waste tires will be stored or processed, the signature of the person who owns the property.

(5) If a person is to operate a waste tire storage site, a description of evidence of financial assurance to be maintained by the person under rules adopted by the board under section 11 of this chapter.

(6) A fee in an amount determined by the board.

(7) Other information reasonably requested by the department.

(b) The department shall deposit the fee submitted under subsection (a)(6) in the waste tire management fund established by this chapter.

[Pre-1996 Recodification Citation: 13-7-23-8.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.8.
Ind. Code § 13-22-9-3 — Indiana Code / Title 13 / Article 22 / Chapter 9 / Section 13-22-9-3
Establishment
Status: in_force

Sec. 3. Financial responsibility may be established under section 1 of this chapter by filing one (1) or a combination of the following with the commissioner:

(1) Trust fund agreement.

(2) Surety bond with a standby trust fund agreement.

(3) Letter of credit with a standby trust fund agreement.

(4) Insurance policy with a standby trust fund agreement.

(5) If the person applying for a permit derives less than fifty percent (50%) of the person's gross revenue from waste management, proof that the person meets a financial test established by the board.

[Pre-1996 Recodification Citation: 13-7-32-5(b).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-11-2-85.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-85.3
"Fiscal year"
Status: in_force

Sec. 85.3. "Fiscal year", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-2.

As added by P.L.126-2014, SEC.1.
Ind. Code § 13-18-4-2 — Indiana Code / Title 13 / Article 18 / Chapter 4 / Section 13-18-4-2
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-1-3-7(b).]

As added by P.L.1-1996, SEC.8. Repealed by P.L.135-2026, SEC.155.
Ind. Code § 13-14-13-7 — Indiana Code / Title 13 / Article 14 / Chapter 13 / Section 13-14-13-7
Criminal penalties applicable to information provided in both electronic and other forms
Status: in_force

Sec. 7. A person submitting information using an assigned signature is liable under IC 13-30-10 for the information provided and subject to penalties under that chapter, regardless of whether the information submitted is in electronic form or other form.

As added by P.L.114-2008, SEC.8.
Ind. Code § 13-25-5-15 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-15
Voluntary remediation work plan; oversight
Status: in_force

Sec. 15. (a) If an applicant who submitted an approved voluntary remediation work plan proceeds with the work plan, the department or a person under contract with the department shall do the following:

(1) Oversee and review the implementation of the voluntary remediation work plan.

(2) Make regular reports to the commissioner concerning the remediation.

(b) Upon submission of a report to the commissioner, the commissioner may evaluate the remedial action to verify the action is achieving project goals. If project goals are not met, the commissioner may require modification of the voluntary remediation work plan.

(c) If the parties are unable to agree to a modification as provided for in subsection (b) within one hundred eighty (180) days, the commissioner or applicant may withdraw the project from the voluntary remediation work program. Projects withdrawn from the voluntary remediation work program may be referred to the state clean-up program.

[Pre-1996 Recodification Citation: 13-7-8.9-16.]

As added by P.L.1-1996, SEC.15. Amended by P.L.135-2026, SEC.276.
Ind. Code § 13-18-22-1 — Indiana Code / Title 13 / Article 18 / Chapter 22 / Section 13-18-22-1
Permit for wetland activity; exceptions
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), a person proposing a wetland activity in a state regulated wetland must obtain a permit under this chapter to authorize the wetland activity.

(b) A permit is not required for the following wetland activities:

(1) The discharge of dirt, sand, rock, stone, concrete, or other inert fill materials in a de minimis amount.

(2) A wetland activity at a surface coal mine for which the department of natural resources has approved a plan to:

(A) minimize, to the extent practical using best technology currently available, disturbances and adverse effects on fish and wildlife;

(B) otherwise effectuate environmental values; and

(C) enhance those values where practicable.

(3) Any activity listed under Section 404(f) of the Clean Water Act, including:

(A) normal farming, silviculture, and ranching activities, such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;

(B) maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures;

(C) construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches;

(D) construction of temporary sedimentation basins on a construction site that does not include placement of fill material into the navigable waters; and

(E) construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where the roads are constructed and maintained, in accordance with best management practices, to assure that:

(i) flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired;

(ii) the reach of the navigable waters is not reduced; and

(iii) any adverse effect on the aquatic environment will be otherwise minimized.

(4) The maintenance or reconstruction (as defined in IC 36-9-27-2) of a regulated drain in accordance with IC 36-9-27-29(2) as long as the work takes place within the current easement, and the reconstruction does not substantially change the characteristics of the drain to perform the function for which it was designed and constructed.

(5) Wetland activities in an exempt isolated wetland, as defined in IC 13-11-2-74.5.

(6) Dredge and fill activities in an ephemeral stream, as defined in IC 13-11-2-72.4.

(7) The activities of a forestry operation that are:

(A) conducted in compliance with the Indiana Logging and Forestry Best Management Practices Field Guide published by the department of natural resources; and

(B) confined to a waterway that has a watershed not greater than ten (10) square miles.

A state permit will be required if there are permanent negative impacts to isolated wetlands outside of a waterway or the activities conducted fail to comply with the Indiana Logging and Forestry Best Management Practices Field Guide.

(c) The conversion of cropland, as defined in IC 13-11-2-48.5, to housing does not require a permit under this chapter if the cropland has been used for agricultural purposes:

(1) in the five (5) years immediately preceding the development; or

(2) in the ten (10) years immediately preceding the development, if the United States Army Corps of Engineers has issued a jurisdictional determination confirming that the cropland does not contain wetlands subject to federal jurisdiction under Section 404 of the Clean Water Act.

After receiving a jurisdictional determination described in subdivision (2) from the United States Army Corps of Engineers, the department shall notify the person proposing the wetland activity that the development of the cropland used for agricultural purposes in the immediately preceding ten (10) years is exempt from the permit requirement of subsection (a) under subdivision (2).

As added by P.L.282-2003, SEC.38. Amended by P.L.166-2020, SEC.1; P.L.160-2021, SEC.7; P.L.247-2023, SEC.3; P.L.1-2024, SEC.4.
Ind. Code § 13-26-10-13 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-13
Trust indenture to secure bonds
Status: in_force

Sec. 13. The board may secure the revenue bonds by a trust indenture by and between the district and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside Indiana. However, a trust indenture may not convey or mortgage all or any part of the works.

[Pre-1996 Recodification Citation: 13-3-2-19(a).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-18-27-14 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-14
"Very small construction activity site"
Status: in_force

Sec. 14. As used in this chapter, "very small construction activity site" means a site at which construction activities result in land disturbance of less than one (1) acre.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-20-25-9 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-9
Mandatory reporting of recycling activities
Status: in_force

Sec. 9. (a) A recycler shall report the recycler's recycling activities under this section. A recycler may elect to report the recycler's recycling activities on an annual basis under subsection (b).

(b) A recycler shall submit to the commissioner a completed recycling activity report concerning the recycling activities conducted by the recycler during the calendar year that ended on the most recent December 31.

(c) A recycler may elect to report more frequently than is required under subsection (a).

(d) A recycler shall submit a separate recycling activity report under this section for each reporting period for each facility:

(1) that was owned or operated by the recycler; and

(2) at which the recycler conducted recycling activities;

during the reporting period.

(e) A person who operates a composting facility that must be registered under this chapter shall submit an annual report to the commissioner that indicates the volume of material processed by the composting facility during the preceding year.

As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015, SEC.15; P.L.135-2026, SEC.209.
Ind. Code § 13-22-10-18 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-18
Repealed
Status: repealed

As added by P.L.124-1996, SEC.24. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-14-3-1 — Indiana Code / Title 13 / Article 14 / Chapter 3 / Section 13-14-3-1
Local governmental units; developing environmental facilities
Status: in_force

Sec. 1. The department shall advise local governmental units referred to in IC 13-11-2-158 in developing facilities or establishing standards for the following:

(1) Air, water, odor, and noise pollution control.

(2) Water or wastewater treatment.

(3) Water resource development.

(4) Solid waste disposal.

[Pre-1996 Recodification Citation: 13-7-15-2(a) part.]

As added by P.L.1-1996, SEC.4. Amended by P.L.135-2026, SEC.86.
Ind. Code § 13-17-5-9 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-9
Rules for vehicle inspection programs in certain counties
Status: in_force

Sec. 9. The board may not adopt a rule under air pollution control laws that requires motor vehicles to undergo a periodic test of emission characteristics in counties:

(1) in attainment of the national ambient air quality standards; or

(2) classified below moderate nonattainment for ozone national ambient air quality standards.

As added by P.L.282-2003, SEC.37. Amended by P.L.119-2012, SEC.110; P.L.104-2022, SEC.81; P.L.135-2026, SEC.133.
Ind. Code § 13-11-2-152 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-152
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22.5-4.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.53.
Ind. Code § 13-14-12-2 — Indiana Code / Title 13 / Article 14 / Chapter 12 / Section 13-14-12-2
Use of money
Status: in_force

Sec. 2. The money on deposit in the environmental management special fund shall be used exclusively for the purposes of the department and the board. The revenues accruing to the fund are appropriated to the department for purposes of this title. However, expenditures for projects authorized by the department or the board must be approved by the governor and the budget agency.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.93.
Ind. Code § 13-11-2-158.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-158.2
"Personal care product"
Status: in_force

Sec. 158.2. "Personal care product", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-2.

As added by P.L.21-2015, SEC.2.
Ind. Code § 13-14-2-4 — Indiana Code / Title 13 / Article 14 / Chapter 2 / Section 13-14-2-4
Acceptance of gifts or other funds
Status: in_force

Sec. 4. The department may accept and receive, on behalf of the state, any gifts or other money made available to the state from any source for purposes of:

(1) this title; or

(2) other environmental protection activities, surveys, or programs.

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

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-23-11-4 — Indiana Code / Title 13 / Article 23 / Chapter 11 / Section 13-23-11-4
Vacancies; appointment; term
Status: repealed

Sec. 4. (a) If an appointed member of the board is not able to serve the member's full term, the governor shall appoint an individual to serve for the remainder of the unexpired term.

(b) The term of an appointed member of the board continues until the member's successor has been appointed.

(c) No member may serve more than two (2) consecutive terms.

[Pre-1996 Recodification Citation: 13-7-20-35(e).]

As added by P.L.1-1996, SEC.13. Amended by P.L.135-2026, SEC.246.
Ind. Code § 13-12-4-6 — Indiana Code / Title 13 / Article 12 / Chapter 4 / Section 13-12-4-6
Review of authority, rules, policies, and procedure by state agencies
Status: in_force

Sec. 6. All state agencies shall review their:

(1) statutory authority;

(2) administrative rules; and

(3) current policies and procedures;

to determine consistency with the purposes and provisions of this chapter.

[Pre-1996 Recodification Citation: 13-1-10-4.]

As added by P.L.1-1996, SEC.2. Amended by P.L.135-2026, SEC.44.
Ind. Code § 13-21-14-2 — Indiana Code / Title 13 / Article 21 / Chapter 14 / Section 13-21-14-2
Basis
Status: in_force

Sec. 2. The board may fix the solid waste management fees on the basis of the following:

(1) A flat charge for each residence or building in use in the waste management district.

(2) The weight or volume of the refuse received.

(3) The average number of containers or bags of refuse received.

(4) The relative difficulty associated with the collection or management of the solid waste received.

(5) Any other criteria that the board determines to be logically related to the service.

(6) Any combination of these criteria.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20.5-3-3 — Indiana Code / Title 13 / Article 20.5 / Chapter 3 / Section 13-20.5-3-3
Reports by collectors to the department
Status: in_force

Sec. 3. Not later than each March 1, a collector shall submit to the department a report that contains for the program year that ended on the immediately preceding December 31:

(1) the total weight in pounds of covered electronic devices that were collected in Indiana by the collector; and

(2) a list of all recyclers to whom the collector delivered covered electronic devices.

As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.47; P.L.200-2017, SEC.12.
Ind. Code § 13-20-16-2 — Indiana Code / Title 13 / Article 20 / Chapter 16 / Section 13-20-16-2
Disposal of used batteries; violations
Status: in_force

Sec. 2. (a) A retailer, wholesaler, or manufacturer that sells one (1) or more new lead acid batteries to a purchaser shall:

(1) accept from the purchaser, if offered, a number of used lead acid batteries equal to the number of new batteries sold to the purchaser; and

(2) dispose of the used batteries in accordance with section 4, 5, or 6 of this chapter.

(b) A person who violates this section commits a Class C infraction.

[Pre-1996 Recodification Citation: 13-1-15-7.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-15-3-4 — Indiana Code / Title 13 / Article 15 / Chapter 3 / Section 13-15-3-4
Location of hearings
Status: in_force

Sec. 4. If the petition under section 3(b)(2) of this chapter requests that the public hearing be conducted at a location within a county affected by a proposed permit, the department shall attempt to conduct the public hearing at that location.

[Pre-1996 Recodification Citation: 13-7-10-2(c).]

As added by P.L.1-1996, SEC.5. Amended by P.L.135-2026, SEC.113.
Ind. Code § 13-23-7-10 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-10
Repealed
Status: repealed

As added by P.L.19-2012, SEC.1. Amended by P.L.244-2013, SEC.1. Repealed by P.L.96-2016, SEC.21.
Ind. Code § 13-18-20.5-3 — Indiana Code / Title 13 / Article 18 / Chapter 20.5 / Section 13-18-20.5-3
Calendar year; liability; assessment schedule
Status: in_force

Sec. 3. (a) Public water system annual operation fees begin accruing January 1 of each year.

(b) This subsection applies only to fees that are due in 2004. The department shall assess the public water system annual operation fees not earlier than July 1. Notwithstanding section 2 of this chapter, the annual fee assessed under this subsection is equal to one-third (1/3) of the fee required under section 2 of this chapter.

(c) This subsection applies only to fees that are due in 2005. The department shall assess the public water system annual operation fees not earlier than July 1. Notwithstanding section 2 of this chapter, the annual fee assessed under this subsection is equal to two-thirds (2/3) of the fee required under section 2 of this chapter.

(d) Beginning in 2006 and in each year thereafter, the department shall assess public water system annual operation fees not later than January 15 of each year.

(e) A person must remit a public water system annual operation fee or an installment established under IC 13-16-2 to the department not more than thirty (30) days after the date the fee is assessed or on the date the installment is due.

As added by P.L.224-2003, SEC.134. Amended by P.L.9-2024, SEC.342.
Ind. Code § 13-20.5-7-1 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-1
Department adoption of forms and procedures
Status: in_force

Sec. 1. (a) The department shall:

(1) subject to subsection (b), adopt forms for use by manufacturers, collectors, and recyclers for all registration statements, certifications, and reports required by this article; and

(2) establish procedures for:

(A) receipt and maintenance of the registration statements and certifications filed with the department under IC 13-20.5-1; and

(B) making the statements and certifications easily available to manufacturers, retailers, and the public.

(b) The department is not required to adopt forms under subsection (a) by rule.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-7.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-7.3
"Anaerobic digestion facility"
Status: in_force

Sec. 7.3. "Anaerobic digestion facility", for purposes of this chapter and IC 13-20-10.5:

(1) means a facility that incorporates equipment that promotes the decomposition of biomass, appropriate feedstock, or both to simple organics and biogas products in the oxygen free environment of a closed, sealed chamber; and

(2) includes a methane recovery system.

As added by P.L.135-2026, SEC.5.
Ind. Code § 13-15-4-9 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-9
Denial of applications
Status: in_force

Sec. 9. The commissioner may deny a permit application because the application is incomplete if:

(1) the department, not later than thirty-five (35) working days after receiving the application, identifies each part of the application that is incomplete; and

(2) the applicant has failed to submit or make a good faith effort to submit the requested information not later than sixty (60) days after receiving a written request from the department.

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

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-14-2-3 — Indiana Code / Title 13 / Article 14 / Chapter 2 / Section 13-14-2-3
Department to represent state in all matters pertaining to environmental protection
Status: in_force

Sec. 3. The department may do the following:

(1) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements for environmental protection.

(2) Conduct, convoke, attend, or participate in official or unofficial conferences or hearings within or outside Indiana concerning any matter within the scope of the power and duties of the board or the department.

[Pre-1996 Recodification Citation: 13-7-5-4.]

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.80.
Ind. Code § 13-21-5-20 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-20
Merger of districts; adoption of identical resolutions; time limitations; notice of noncompliance
Status: in_force

Sec. 20. (a) After a district submits a district plan to the department under this chapter, a district may merge with one (1) or more other districts after the adoption of identical resolutions by the board of each district to be merged.

(b) Upon adoption of identical resolutions under subsection (a), a board for the resulting merged district shall be established using the procedures set forth in IC 13-21-3.

(c) A merged district shall:

(1) adopt a district plan under sections 1 through 7 of this chapter not later than sixty (60) days after the merger is completed; and

(2) file the district plan with the commissioner.

The new district plan may be an amended version of the previous approved plans submitted under the new district name. A merger under subsection (a) does not take effect until the district plan is filed with the commissioner.

(d) A district plan adopted under this section is considered approved unless the commissioner notifies the district in writing not later than thirty (30) days after the district plan is filed with the commissioner that the district plan fails to comply with the state plan. The notice provided by the commissioner must include comments concerning changes to the district plan that would make the district plan acceptable.

[Pre-1996 Recodification Citation: 13-9.5-4-12.5.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-24-1-4 — Indiana Code / Title 13 / Article 24 / Chapter 1 / Section 13-24-1-4
Liability for response or remedial action costs; recovery from other responsible persons of costs paid to state; deposit of funds recovered; removal or remedial action costs; administrative costs
Status: in_force

Sec. 4. (a) Except where an owner or operator can prove that a release from a petroleum facility was caused by:

(1) an act of God;

(2) an act of war;

(3) negligence on the part of a local government, the state government, or the federal government;

(4) except as provided in subsection (b), an act or omission of a responsible person; or

(5) a combination of the causes set forth in subdivisions (1) through (4);

the owner or operator is liable to the state for the reasonable costs of any response or remedial action taken under section 2 of this chapter involving the petroleum facility. A responsible person is liable to the state for the reasonable costs of any response or remedial action taken under section 2 of this chapter involving the petroleum facility.

(b) The owner, operator, or responsible person is entitled to all rights of the state to recover from another responsible person all or a part of the costs described in subsection (a) incurred or paid to the state by the owner, operator, or responsible person in an action brought in a circuit or superior court with jurisdiction in the county in which the release occurred.

(c) Money recovered by the state under this section in connection with a removal or remedial action undertaken with respect to a release of petroleum shall be deposited in the hazardous substances response trust fund.

(d) The state may recover removal or remedial action costs under this section as follows:

(1) Commence an action under IC 13-14-2-6 or IC 13-14-2-7.

(2) Impose a lien under IC 13-25-4-11 on the property on which the removal or the remedial action was undertaken.

(e) In an administrative action brought under this chapter, an administrative law judge shall apportion the costs of a response or a remedial action in proportion to each party's responsibility for a release.

[Pre-1996 Recodification Citation: 13-7-20.1-9.]

As added by P.L.1-1996, SEC.14. Amended by P.L.25-1997, SEC.17; P.L.128-2024, SEC.29.
Ind. Code § 13-18-10-2.1 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-2.1
Approval procedure; requirements; denial or revocation of approval
Status: in_force

Sec. 2.1. (a) The department:

(1) shall make a determination on an application submitted under section 2 of this chapter not later than ninety (90) days after the date the department receives the completed application, including all required supplemental information, unless the department and the applicant agree to a longer time; and

(2) may conduct any inquiry or investigation, consistent with the department's duties under this chapter, the department considers necessary before making a determination.

(b) If the department fails to make a determination on an application not later than ninety (90) days after the date the department receives the completed application, the department shall issue a refund of an approval application fee paid by the applicant, and the commissioner shall:

(1) continue to review the application;

(2) approve or deny the application as soon as practicable; and

(3) refund the applicant's application fee not later than twenty-five (25) business days after the receipt of the applicant's request.

(c) The commissioner may suspend the processing of an application and the ninety (90) day period described under this section if the department determines within thirty (30) days after the department receives the application that the application is incomplete and has mailed a notice of deficiency to the applicant that specifies the parts of the application that:

(1) do not contain adequate information for the department to process the application; or

(2) are not consistent with applicable law.

(d) The department may establish requirements in an approval regarding that part of the confined feeding operation that concerns manure handling and application to assure compliance with:

(1) this chapter;

(2) rules adopted under this chapter;

(3) the water pollution control laws;

(4) rules adopted under the water pollution control laws; and

(5) policies and statements adopted under IC 13-14-1-11.5 relative to confined feeding operations.

(e) Subject to subsection (f), the commissioner may deny an application upon making either or both of the following findings:

(1) A responsible party intentionally misrepresented or concealed any material fact in either or both of the following:

(A) An application for approval under section 1 of this chapter.

(B) A disclosure statement required by section 1.4 of this chapter.

(2) An enforcement action was resolved against a responsible party as described in either or both of the following:

(A) Section 1.4(c)(5) of this chapter.

(B) Section 1.4(c)(6) of this chapter.

(f) Before making a determination to approve or deny an application, the commissioner must consider the following factors:

(1) The nature and details of the acts attributed to the responsible party.

(2) The degree of culpability of the responsible party.

(3) The responsible party's cooperation with the state, federal, or foreign agencies involved in the investigation of the activities involved in actions referred to in section 1.4(c)(5) and 1.4(c)(6) of this chapter.

(4) The responsible party's dissociation from any other persons or entities convicted in a criminal enforcement action referred to in section 1.4(c)(5) and 1.4(c)(6) of this chapter.

(5) Prior or subsequent self-policing or internal education programs established by the responsible party to prevent acts, omissions, or violations referred to in section 1.4(c)(5) and 1.4(c)(6) of this chapter.

(g) Except as provided in subsection (h), in taking action under subsection (e), the commissioner must make separately stated findings of fact to support the action taken. The findings of fact must:

(1) include a statement of ultimate fact; and

(2) be accompanied by a concise statement of the underlying basic facts of record to support the findings.

(h) If the commissioner denies an application under subsection (e), the commissioner is not required to explain the extent to which any of the factors set forth in subsection (f) influenced the denial.

(i) The department may amend an approval under section 1 of this chapter or revoke an approval under section 1 of this chapter:

(1) for failure to comply with:

(A) this chapter;

(B) rules adopted under this chapter;

(C) the water pollution control laws; or

(D) rules adopted under the water pollution control laws; and

(2) as needed to prevent discharges of manure into the environment that pollute or threaten to pollute the waters of the state.

(j) The department may not require changes to the design of a confined feeding operation if the design:

(1) complies with this chapter; and

(2) is submitted and certified by a professional engineer registered under IC 25-31-1.

As added by P.L.125-1997, SEC.5. Amended by P.L.127-2009, SEC.8; P.L.199-2014, SEC.3; P.L.42-2026, SEC.2; P.L.135-2026, SEC.161; P.L.145-2026, SEC.282.
Ind. Code § 13-25-4-23 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-23
Agreements for removal and remedial action
Status: in_force

Sec. 23. (a) The commissioner may enter into an agreement with one (1) or more potentially responsible persons concerning removal and remedial action at a site in Indiana. An agreement entered into under this section may call for one (1) or more parties, at the party's own expense, to conduct any response at a site if the commissioner determines that the removal and remedial action called for in the agreement will be performed properly.

(b) An agreement entered into under this section may:

(1) allow the commissioner to obtain from a potentially responsible person that enters into an agreement under subsection (a) the reimbursement of oversight costs incurred by the department in reviewing the removal and remedial action undertaken by the potentially responsible person; and

(2) provide that the commissioner will:

(A) reimburse one (1) or more parties for certain costs of the actions that those parties have agreed to perform under the agreement; or

(B) perform a part of the response action called for in the agreement.

Money from the fund may be used for the reimbursement. An agreement may provide for the commissioner to pay interest on the principal amount to be reimbursed. Money from the fund may be used to pay the interest.

(c) The commissioner may not enter into an agreement subject to subsection (b) if, in the commissioner's opinion, there is not a reasonable likelihood of recovering:

(1) the amount of the reimbursement agreed to under subsection (b); and

(2) other costs incurred by the department in the response action;

unless the commissioner determines that the agreement is nonetheless in the public interest.

(d) After entering into an agreement that provides for reimbursement under subsection (b), the commissioner shall make every reasonable effort to recover the amount of the reimbursement under section 10 of this chapter from persons other than the parties.

(e) An agreement entered into under this section may be established:

(1) in an administrative order issued by the commissioner; or

(2) by a consent decree entered in an appropriate court.

[Pre-1996 Recodification Citation: 13-7-8.7-11(b), (c), (d), (e), (f).]

As added by P.L.1-1996, SEC.15. Amended by P.L.49-2015, SEC.4.
Ind. Code § 13-18-16-6 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-6
Operation and maintenance; duties; violations
Status: in_force

Sec. 6. (a) All public water systems shall be continuously operated and maintained so that water is:

(1) safe in quality;

(2) clean and adequate in quantity; and

(3) chemically satisfactory for ordinary domestic consumption.

(b) The person responsible for the operation of a public water system shall take all measures that are necessary to carry out the requirements of subsection (a) so as to protect the quality and quantity of the raw water supply from actual or threatened contamination. These measures include the relocation of the point of raw water collection to a site that is not contaminated or threatened by contamination.

(c) The person responsible for the operation of a public water system that uses surface water as a source of drinking water shall implement the surface water quality threat minimization and response plan developed and maintained under section 7.5 of this chapter immediately upon discovering:

(1) the contamination; or

(2) a threat of contamination;

of the surface water used by the public water system as a source of drinking water.

(d) The failure to carry out a duty set forth in subsection (a) or (b) constitutes a violation subject to the penalties imposed under this chapter. Each day a violation occurs under this section constitutes a separate violation.

[Pre-1996 Recodification Citation: 13-7-14-3.]

As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.16; P.L.112-2015, SEC.11.
Ind. Code § 13-13-2-3 — Indiana Code / Title 13 / Article 13 / Chapter 2 / Section 13-13-2-3
Ad hoc group
Status: in_force

Sec. 3. The commissioner may establish an ad hoc group to study and make recommendations regarding critical environmental issues. The ad hoc group may include the following:

(1) University representatives.

(2) Scientific research organizations.

(3) Public policy and research advisory organizations.

(4) Individuals from the private sector with experience in related disciplines.

(5) Small business and agriculture representatives.

[Pre-1996 Recodification Citation: 13-7-2-12(c), (d).]

As added by P.L.1-1996, SEC.3. Amended by P.L.135-2026, SEC.51.
Ind. Code § 13-30-1-9 — Indiana Code / Title 13 / Article 30 / Chapter 1 / Section 13-30-1-9
Venue
Status: in_force

Sec. 9. An action under this chapter must be brought in a circuit or superior court in the county in which the significant pollution, impairment, or destruction is alleged to have occurred.

[Pre-1996 Recodification Citation: 13-6-1-3.]

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-15-3-3 — Indiana Code / Title 13 / Article 15 / Chapter 3 / Section 13-15-3-3
Hearings
Status: in_force

Sec. 3. (a) A public hearing shall be held on the question of:

(1) the issuance of an original or renewal permit for a hazardous waste disposal facility under IC 13-22-3; or

(2) the issuance of an original permit for a solid waste disposal facility or a solid waste incinerator regulated under IC 13-20-8;

as provided in subsection (b).

(b) A public hearing shall be held under subsection (a) upon:

(1) the request of the applicant;

(2) the filing of a petition requesting a public hearing that is signed by one hundred (100) adult individuals who:

(A) reside in the county where the proposed or existing facility is or is to be located; or

(B) own real property within one (1) mile of the site of the proposed or existing facility; or

(3) the determination of the commissioner.

(c) The public hearing authorized by this section does not constitute an agency action under IC 4-21.5.

[Pre-1996 Recodification Citation: 13-7-10-2(b).]

As added by P.L.1-1996, SEC.5. Amended by P.L.135-2026, SEC.112.
Ind. Code § 13-11-2-126.9 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-126.9
"Mass balance attribution"
Status: in_force

Sec. 126.9. "Mass balance attribution" means a chain of custody accounting methodology with rules defined by a third party certification system that enables the attribution of the mass of advanced recycling feedstocks to one (1) or more advanced recycling products.

As added by P.L.54-2023, SEC.6.
Ind. Code § 13-11-2-238 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-238
"Transporter"
Status: in_force

Sec. 238. "Transporter", for purposes of IC 13-20-4 and IC 13-20-6, means a person who is in the business of transporting municipal waste.

[Pre-1996 Recodification Citations: 13-7-10.5-8; 13-7-31-12(c) part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-17.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-17.5
"Beneficial use facility"
Status: in_force

Sec. 17.5. "Beneficial use facility", for purposes of section 212 of this chapter, means an operation in which sludge, waste products, or wastewater generated by industrial, municipal, or semipublic facilities are blended, composted, or processed for the purpose of land application.

As added by P.L.135-2026, SEC.11.
Ind. Code § 13-11-2-114.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-114.2
"Land application operation"
Status: in_force

Sec. 114.2. "Land application operation", for purposes of IC 13-18-12 and IC 13-19-3, means an operation in which sludge, waste products, or wastewater generated by industrial, municipal, or semipublic facilities are disposed of by spraying or spreading onto the land surface, incorporation into the soil, or injection below the land surface. The term does not include the operation of an underground injection well, a landfill, or an open dump.

As added by P.L.30-1999, SEC.1. Amended by P.L.112-2016, SEC.7; P.L.135-2026, SEC.24.
Ind. Code § 13-11-2-36.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-36.3
"Compensatory mitigation"
Status: in_force

Sec. 36.3. "Compensatory mitigation", for purposes of IC 13-18-22, means the:

(1) restoration; or

(2) creation;

of wetlands to offset or compensate for a loss of wetlands resulting from an authorized wetland activity. Wetlands enlargement, enhancement, and preservation may be considered compensatory mitigation on a case-by-case basis, particularly for Class III wetlands.

As added by P.L.282-2003, SEC.23.
Ind. Code § 13-18-26-5 — Indiana Code / Title 13 / Article 18 / Chapter 26 / Section 13-18-26-5
Cybersecurity plan
Status: in_force

Sec. 5. A cybersecurity plan must provide for the protection of the water or wastewater treatment plant from unauthorized use, alteration, or destruction of electronic data.

As added by P.L.126-2018, SEC.6.
Ind. Code § 13-18-8-5 — Indiana Code / Title 13 / Article 18 / Chapter 8 / Section 13-18-8-5
Sanitary fund
Status: in_force

Sec. 5. The money made available by the issuance of either direct obligation bonds or revenue bonds as provided by the water pollution control laws or IC 13-1-3 (before its repeal):

(1) constitutes a sanitary fund; and

(2) shall be used for no other purpose than for carrying out an order issued under the water pollution control laws or IC 13-1-3 (before its repeal).

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-14-10-2 — Indiana Code / Title 13 / Article 14 / Chapter 10 / Section 13-14-10-2
Suit on behalf of state to restrain person contributing to pollution
Status: in_force

Sec. 2. (a) Upon receipt of evidence that a pollution source or combination of sources, including an industrial user of a publicly owned treatment plant, is presenting an imminent and substantial endangerment to:

(1) the health of persons; or

(2) the welfare of persons whose livelihood is endangered;

the commissioner shall bring suit under subsection (b).

(b) Upon the receipt of evidence under subsection (a), the commissioner shall bring suit on behalf of the state in the appropriate court to:

(1) immediately restrain any person causing or contributing to the alleged pollution to stop the discharge or introduction of contaminants causing or contributing to the pollution; or

(2) take other necessary action.

(c) The duty of the commissioner to bring suit under subsection (a) is:

(1) in addition to the authority contained in section 1 of this chapter; and

(2) notwithstanding any other provision of this title.

[Pre-1996 Recodification Citation: 13-7-12-2.]

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-25-5-22 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-22
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.9-22.]

As added by P.L.1-1996, SEC.15. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-24-2-4 — Indiana Code / Title 13 / Article 24 / Chapter 2 / Section 13-24-2-4
Liability for oil discharge response assistance; liability for removal costs or damage
Status: in_force

Sec. 4. A party who is a responsible party with respect to an oil discharge is, in the absence of a defense to liability for the removal costs or damage arising from the discharge, liable for removal costs or damage caused by a person who is immune from liability under section 2 of this chapter.

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

As added by P.L.1-1996, SEC.14.
Ind. Code § 13-22-10-8 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-8
Repealed
Status: repealed

As added by P.L.124-1996, SEC.14. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-21-8-2 — Indiana Code / Title 13 / Article 21 / Chapter 8 / Section 13-21-8-2
Authorization by board of resolution
Status: in_force

Sec. 2. The issuance of revenue bonds must be authorized by a resolution of the board.

[Pre-1996 Recodification Citation: 13-9.5-9-4(b).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-15-5 — Indiana Code / Title 13 / Article 20 / Chapter 15 / Section 13-20-15-5
Additional prohibitions; exceptions; disclosure label; notice; report
Status: in_force

Sec. 5. In addition to the prohibitions prescribed in section 2 of this chapter, a person may not manufacture for sale or sell in Indiana an item, a product, or a material containing a concentration of PCB equal to or greater than one hundred (100) ppm unless:

(1) the PCB or the item, product, or material containing PCB is conspicuously labeled to disclose:

(A) the presence of PCB;

(B) the concentration of PCB; and

(C) other information required by rule of the board to protect the public health, safety, and welfare from the toxic effects and environmental dangers of PCB;

(2) the person files with the department a written notice of intent to manufacture or sell:

(A) the PCB; or

(B) the item, product, or material containing PCB; and

(3) the person annually files with the department a report detailing:

(A) the total amount of PCB manufactured or sold by the person; and

(B) other information required by rule of the board to protect the public health, safety, and welfare from the toxic effects and environmental dangers of PCB.

[Pre-1996 Recodification Citation: 13-7-16.5-6.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-21-3-10 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-10
Controllers; powers and duties
Status: in_force

Sec. 10. (a) A controller selected under section 9 of this chapter shall do the following:

(1) Be the official custodian of all district money and, subject to the terms of any resolution or trust indenture under which bonds are issued under this article, deposit and invest all district money in the same manner as other county money is deposited and invested under IC 5-13.

(2) Be responsible to the board for the fiscal management of the district.

(3) Be responsible for the proper safeguarding and accounting of the district's money.

(4) Subject to subsection (c), issue warrants approved by the board after a properly itemized and verified claim has been presented to the board on a claim docket.

(5) Make financial reports of district money and present the reports to the board for the board's approval.

(6) Prepare the district's annual budget.

(7) Perform any other duties:

(A) prescribed by the board; and

(B) consistent with this chapter.

(b) A controller selected under section 9 of this chapter:

(1) does not exercise any sovereign authority of the state; and

(2) does not hold a lucrative office for purposes of Article 2, Section 9 of the Constitution of the State of Indiana.

(c) The board may, by resolution, authorize the controller to make claim payments for:

(1) payroll;

(2) the state solid waste management fee imposed by IC 13-20-22-1; and

(3) certain specific vendors identified in the resolution;

without the claims being first approved by the board if before payment the claims are approved in writing by the chairperson of the board or in the absence of the chairperson another member of the board designated by the chairperson. The claims shall be reviewed and allowed by the board at the board's next regular or special meeting.

[Pre-1996 Recodification Citation: 13-9.5-2-9.3.]

As added by P.L.1-1996, SEC.11. Amended by P.L.214-2005, SEC.58.
Ind. Code § 13-11-2-167 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-167
"Portable sanitary unit"
Status: in_force

Sec. 167. "Portable sanitary unit", for purposes of this chapter, includes the following:

(1) Portable toilets.

(2) Mobile restrooms.

(3) Similar devices or equipment of a portable nature containing sanitary facilities for temporary or short term use.

[Pre-1996 Recodification Citation: 13-7-8.8-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.159-2011, SEC.7.
Ind. Code § 13-11-2-265.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-265.7
"Wetlands"
Status: in_force

Sec. 265.7. "Wetlands", for purposes of IC 13-18, means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include:

(1) swamps;

(2) marshes;

(3) bogs; and

(4) similar areas.

As added by P.L.282-2003, SEC.33.
Ind. Code § 13-14-1-8 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-8
Financing structure; proposal
Status: in_force

Sec. 8. The commissioner may propose financing a structure to the board.

[Pre-1996 Recodification Citation: 13-7-3-8.]

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.76.
Ind. Code § 13-25-2-3 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-3
Notice that facility is subject to requirements of chapter
Status: in_force

Sec. 3. (a) The owner or operator of a facility subject to this chapter shall notify the commission that the facility is subject to this chapter.

(b) If:

(1) a substance on the list of substances referred to in section 2(a) of this chapter becomes present at a facility in an amount that exceeds the threshold planning quantity established for the substance; or

(2) there is a revision of the list referred to in section 2(a) of this chapter and the facility has present a substance on the revised list that exceeds the threshold planning quantity established for the substance;

the owner or operator of the facility shall notify the commission and the appropriate local emergency planning committee that the facility is subject to this chapter not later than sixty (60) days after the acquisition of the substance or the revision of the list.

[Pre-1996 Recodification Citation: 13-7-37-10.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-36.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-36.5
Repealed
Status: repealed

As added by P.L.99-2002, SEC.1. Repealed by P.L.57-2009, SEC.18.
Ind. Code § 13-20-26-2 — Indiana Code / Title 13 / Article 20 / Chapter 26 / Section 13-20-26-2
Project duties of department
Status: in_force

Sec. 2. (a) The department shall do the following:

(1) Develop forms for applicants to the central Indiana waste diversion project that include the following:

(A) Description of the methods for waste collection, sorting, and diversion.

(B) Requirements for data collection and reporting, including the amount and type of waste that is being diverted.

(C) Information on proposed entities to receive diverted waste.

(D) Any additional information necessary to assess potential success of the proposal.

(2) Make the forms described in subdivision (1) available on or before July 1, 2022.

(3) Accept applications through October 1, 2022, for consideration.

(4) Provide recommendations to the Indiana recycling market development board on or before December 1, 2022.

(b) Once the first round of grants are awarded to the selected projects, the department shall do the following:

(1) Update the forms described in subsection (a)(1), including the addition of research and development as eligible for consideration of a project grant.

(2) Make the forms described in subsection (a)(1) available on or before July 1, 2024.

(3) Accept applications through October 1, 2024, for consideration.

(4) Provide recommendations to the Indiana recycling market development board, including recommendations on one (1) or more research and development projects, on or before December 1, 2024.

(c) The Indiana recycling market development board may do the following:

(1) Request additional information from a grant applicant if the board determines that the information provided does not meet the requirements of section 1 of this chapter.

(2) Reopen eligibility for applicants of a project if the board determines that, after requesting additional information under this subsection, none of the submissions meet the goals of the waste diversion project and the requirements of section 1 of this chapter.

(3) Adjust the time frames in this section to allow for an additional round of application submissions if the board makes a determination to reopen eligibility under this subsection.

(4) Use funds allocated but not used in a previous round of grants to award grants to applicants in a subsequent round.

(d) Notwithstanding financial limitations, the Indiana recycling market development board may consider and award grants to a wide range of projects, regardless of the:

(1) duration; or

(2) type;

of project.

(e) The department shall provide information on the department website if the Indiana recycling market development board makes a determination to reopen eligibility for grant applications under this section.

As added by P.L.120-2022, SEC.8. Amended by P.L.153-2023, SEC.3; P.L.9-2024, SEC.343.
Ind. Code § 13-17-9-1 — Indiana Code / Title 13 / Article 17 / Chapter 9 / Section 13-17-9-1
Open burning of certain vegetation and wood items; no permit required
Status: in_force

Sec. 1. (a) Subject to section 3 of this chapter, a person may open burn the following for maintenance purposes:

(1) Vegetation from:

(A) a farm;

(B) an orchard;

(C) a nursery;

(D) a tree farm;

(E) a cemetery; or

(F) a drainage ditch.

(2) Vegetation from agricultural land if the open burn occurs in an unincorporated area.

(3) Wood products derived from pruning or clearing a roadside by a county highway department.

(4) Wood products derived from the initial clearing of a public utility right-of-way if the open burn occurs in an unincorporated area.

(5) Undesirable:

(A) wood structures on real property; or

(B) wood remnants of the demolition of a predominantly wooden structure originally located on real property;

located in an unincorporated area.

(b) Subject to section 3 of this chapter, the department of homeland security, a municipal fire department, an airport fire department, or a volunteer fire department may open burn the following for fire training purposes:

(1) Propane, straw, clean wood, aviation fuel, or clean wood pallets.

(2) Wood framing, wood flooring, drywall, and home furnishings in the department of homeland security's mobile burn demonstration unit (BDU).

(c) A person who is allowed to open burn under subsection (a) or (b) is not required to obtain:

(1) a permit; or

(2) any other authorization;

from the department, a unit of local government, or a volunteer fire department before conducting the open burning.

[Pre-1996 Recodification Citation: 13-1-1.2-1.]

As added by P.L.1-1996, SEC.7. Amended by P.L.1-1999, SEC.35; P.L.238-2003, SEC.1; P.L.238-2025, SEC.48.
Ind. Code § 13-11-2-128.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-128.6
"Mercury commodity"
Status: in_force

Sec. 128.6. "Mercury commodity", for purposes of this chapter and IC 13-20-17.5, means a product that consists of only mercury and its container (such as a container of mercury that is opened and from which mercury is put into a mercury-added product) if the mercury is not performing a specific beneficial function for the product.

As added by P.L.225-2001, SEC.7.
Ind. Code § 13-18-16-9 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-9
Agency to secure benefits of federal act
Status: in_force

Sec. 9. Except as provided in IC 14-37, the department:

(1) is the state agency with responsibility concerning the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j) in effect January 1, 1988; and

(2) may take any action necessary to secure the benefits of that act for Indiana.

[Pre-1996 Recodification Citation: 13-7-14-5(b).]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-18-10-2 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-2
Application for approval; notice requirements; renewal of approval; approval of manure management system
Status: in_force

Sec. 2. (a) An application for an approval under section 1 of this chapter must be submitted on a form provided by the department. An applicant must submit the completed application form to the department together with the following:

(1) Plans and specifications for the design and operation of manure treatment and control facilities.

(2) A manure management plan that outlines procedures for the following:

(A) Soil testing.

(B) Manure testing.

(3) Maps of manure application areas.

(4) Supplemental information that the department requires, including the following:

(A) General features of topography.

(B) Soil types.

(C) Drainage course.

(D) Identification of nearest streams, ditches, and lakes.

(E) Location of field tiles.

(F) Location of land application areas.

(G) Location of manure treatment facilities.

(H) Farmstead plan, including the location of water wells on the site.

(5) A fee of one hundred dollars ($100). The department shall refund the fee if the department does not make a determination in accordance with the time period established under section 2.1 of this chapter.

(b) An applicant who applies for an approval under section 1 of this chapter shall, not more than ten (10) working days after submitting the application, make a reasonable effort to provide notice under this subsection:

(1) to the county executive of the county in which the confined feeding operation is to be located or expanded; and

(2) to each owner and each occupant of land of which any part of the boundary is one-half (1/2) mile or less from the following:

(A) Any part of the proposed footprint of either or both of the following to be located on the land on which the confined feeding operation is to be located:

(i) A livestock or poultry production structure.

(ii) A permanent manure storage facility.

(B) Any part of the proposed footprint of either or both of the following to be located on the land on which the confined feeding operation is to be expanded:

(i) A livestock or poultry production structure.

(ii) The expanded area of a livestock or poultry production structure.

The notice must be sent by mail, be in writing, include the date on which the application was submitted to the department, and include a brief description of the subject of the application. The applicant shall pay the cost of complying with this subsection. The applicant shall submit an affidavit to the department that certifies that the applicant has complied with this subsection.

(c) A person must submit an application for the renewal of an approval to:

(1) operate a confined feeding operation; or

(2) complete construction or expansion of a confined feeding operation;

at least thirty (30) days prior to the expiration of the existing approval. The construction standards that apply to a renewal application under this subsection shall be the standards in place under rules adopted by the board at the time that the original approval for construction or expansion of a confined feeding operation was issued.

(d) A person who has received approval to construct or expand a confined feeding operation under section 1 of this chapter and has not begun construction or expansion within thirty (30) days of the expiration of the approval must:

(1) submit a renewal application for construction or expansion at least thirty (30) days prior to the expiration of the approval; and

(2) comply with the requirements of subsection (b).

The construction standards that apply to a renewal application under this subsection shall be the standards in place under rules adopted by the board at the time that the renewal application is submitted.

(e) The department shall approve the construction or expansion and the operation of the manure management system of the confined feeding operation if the commissioner determines that the applicant meets the requirements of:

(1) this chapter;

(2) rules adopted under this chapter;

(3) the water pollution control laws;

(4) rules adopted under the water pollution control laws; and

(5) policies and statements adopted under IC 13-14-1-11.5 relative to confined feeding operations.

[Pre-1996 Recodification Citation: 13-1-5.7-3.]

As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.4; P.L.127-2009, SEC.7; P.L.199-2014, SEC.2.
Ind. Code § 13-11-2-23 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-23
"Care"
Status: in_force

Sec. 23. "Care", for purposes of IC 13-29-1, means the continued observation of a facility after closure for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-25-2-8 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-8
Material safety data sheet
Status: in_force

Sec. 8. (a) The owner or operator of a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the federal Occupational Safety and Health Act (29 U.S.C. 651 through 658) and regulations adopted under the Act shall submit a material safety data sheet for each chemical or, preferably, a list of chemicals described in subsection (b) to each of the following:

(1) The appropriate local emergency planning committee.

(2) The commission.

(3) The fire department that has jurisdiction over the facility.

(b) The list of chemicals referred to in subsection (a) includes the following:

(1) A list of the hazardous chemicals for which a material safety data sheet is required under the federal Occupational Safety and Health Act (29 U.S.C. 651 through 658) and regulations adopted under the Act grouped:

(A) in categories of health and physical hazards as set forth in the federal Occupational Safety and Health Act (29 U.S.C. 651 through 658) and regulations adopted under the Act; or

(B) in other categories as the administrator may establish under 42 U.S.C. 11021.

(2) The chemical name or the common name of each chemical as provided on the material safety data sheet.

(3) Any hazardous component of each chemical as provided on the material safety data sheet.

(c) An owner or operator may meet the requirements of this section with respect to a hazardous chemical that is a mixture by doing one (1) of the following:

(1) Submitting a material safety data sheet for, or identifying on a list, each element or compound in the mixture that is a hazardous chemical. If more than one (1) mixture has the same element or compound, only one (1) material safety data sheet or one (1) listing of the element or compound is necessary.

(2) Submitting a material safety data sheet for, or identifying on a list, the mixture.

(d) If an owner or operator of a facility submits a list of chemicals under subsection (a), the owner or operator, upon request by the local emergency planning committee, shall submit the material safety data sheet for any chemical on the list to the committee.

(e) A local emergency planning committee, upon request by any person, shall make available a material safety data sheet to the person in accordance with section 14 of this chapter. If the local emergency planning committee does not have the requested material safety data sheet, the committee shall request the sheet from the facility owner or operator and then make the sheet available to the person in accordance with section 14 of this chapter.

(f) The initial material safety data sheet or list required by this section with respect to a hazardous chemical shall be provided not later than three (3) months after the date the owner or operator of a facility is required to prepare or have available a material safety data sheet for the chemical under the federal Occupational Safety and Health Act (29 U.S.C. 651 through 658) and regulations adopted under the Act.

(g) A revised sheet shall be provided to a local emergency planning committee not later than three (3) months after the date of a discovery by an owner or operator of significant new information concerning an aspect of a hazardous chemical for which a material safety data sheet was previously submitted to the local emergency planning committee under subsection (a).

[Pre-1996 Recodification Citation: 13-7-37-15.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-104 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-104
"Household hazardous waste"
Status: in_force

Sec. 104. "Household hazardous waste", for purposes of IC 13-20-20 and IC 13-21, means hazardous waste generated by households.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-33-3; subsection (b) formerly 13-9.5-1-1 part; 13-9.5-1-16.5 part; subsection (c) formerly 13-9.5-1-1 part; 13-9.5-1-16.5 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.237-1999, SEC.2.
Ind. Code § 13-21-3-6 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-6
Board of joint district; membership
Status: in_force

Sec. 6. (a) Except as provided in subsections (b) through (d), the board of a joint district consists of the following:

(1) One (1) member of the county executive of each participating county.

(2) One (1) member of the county fiscal body of each participating county.

(3) One (1) member:

(A) who is the executive of the municipality having the largest population in the county if that municipality is a city; or

(B) if a town is the municipality having the largest population in the county, who is appointed from the membership of the fiscal body of that town.

(4) One (1) member of the legislative body of the municipality having the largest population in each participating county, appointed by the legislative body of that municipality.

(5) One (1) or more members who are the executives of cities under subsection (b), if applicable.

(6) Additional members appointed by the executive of each participating county from the membership of the executive, as permitted under subsection (c).

(7) One (1) additional member appointed by the executive of the participating county having the largest population from the membership of the executive if the appointments made under subdivisions (1) through (6) result in an even number of members.

(b) If a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) has joined in a joint district, the executive of the three (3) cities in the county having the largest populations each serve as a member of the board. If a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) has joined in a joint district, the executive of the two (2) cities in the county having the largest populations each serve as a member of the board.

(c) An agreement between two (2) or more counties establishing a joint district may allow the executive of each county to appoint a certain number of additional members from the membership of the executive based upon the proportion of each county's population to the population of the entire district.

(d) An agreement among three (3) or more counties establishing a joint district may provide that:

(1) the membership; and

(2) the terms of office of members;

of the board will be determined by the terms of an agreement entered into by the executive of each county governing the operation of the district. All members of a board appointed under this subsection must be elected officials of a county or a municipality.

(e) The board of a joint district established under subsection (d) or IC 13-9.5-2-6(d) (before its repeal) after March 1, 1991:

(1) must include representation from the largest municipality in each county included in the joint district as recommended by the executive of the largest municipality and approved by the legislative body of the largest municipality; and

(2) may include representation from other municipalities in each county included in the joint district as recommended by the executive of a municipality and approved by the legislative body of the municipality.

(f) The board of a joint district may allow a member who is appointed from:

(1) the county executive;

(2) a county fiscal body; or

(3) a municipal legislative body;

to have the body on which the member serves designate an alternate member from that body to participate and exercise the right to vote with the board if the member is unable to attend a meeting.

[Pre-1996 Recodification Citation: 13-9.5-2-6.]

As added by P.L.1-1996, SEC.11. Amended by P.L.119-2012, SEC.114; P.L.104-2022, SEC.86.
Ind. Code § 13-20-14-3 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-3
Acceptance of waste tires by retailers on sale of new tires
Status: reserved

Sec. 3. (a) A retailer who sells new tires to a person shall accept waste tires that the person presents to the retailer at the place where possession of the new tires is transferred to the person.

(b) The number of waste tires that a retailer is required to accept from a person under this section is equal to the number of new tires that the retailer sells to the person.

[Pre-1996 Recodification Citation: 13-7-23.2-11.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-22-13-2 — Indiana Code / Title 13 / Article 22 / Chapter 13 / Section 13-22-13-2
Restrictions on corrective action
Status: in_force

Sec. 2. Under section 1 of this chapter, the commissioner or a court may order the performance of corrective action beyond the boundaries of the facility from which the release occurs. However, the commissioner may not order corrective action beyond the boundaries of the facility if the owner or operator of the facility demonstrates to the satisfaction of the commissioner that, despite the best efforts of the owner or operator, the owner or operator is unable to obtain the necessary permission to undertake the corrective action.

[Pre-1996 Recodification Citation: 13-7-8.5-5.5(b).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-18-16-7 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-7
Water samples and reports of operations
Status: in_force

Sec. 7. (a) A person responsible for the operation of public water systems shall submit:

(1) samples of water for analysis; and

(2) reports of operation pertaining to the sanitary quality, chemical quality, or adequacy of water supplied by those systems;

that the commissioner requests. The operator certified under IC 13-18-11 must verify under oath the reports of operation.

(b) The reports submitted to the department under subsection (a)(2) shall be submitted electronically unless the commissioner authorizes another method of submitting the reports.

[Pre-1996 Recodification Citation: 13-7-14-4.]

As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.17; P.L.250-2019, SEC.26.
Ind. Code § 13-11-2-128.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-128.7
"Mercury fever thermometer"
Status: in_force

Sec. 128.7. "Mercury fever thermometer", for purposes of IC 13-20-17.5, means a mercury-added product that:

(1) is a thermometer or another medical or scientific instrument; and

(2) is used for measuring body temperature.

As added by P.L.225-2001, SEC.8.
Ind. Code § 13-30-3-6 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-6
Order; approval based on agreement before final order
Status: in_force

Sec. 6. If an alleged violator who has requested a review of an order of the commissioner under section 5 of this chapter agrees to resolve the controversy concerning the order in a manner satisfactory to the commissioner before a final order is issued by the office of administrative law proceedings, the commissioner may approve an agreed order based on the agreement.

[Pre-1996 Recodification Citation: 13-7-11-2(e).]

As added by P.L.1-1996, SEC.20. Amended by P.L.128-2024, SEC.32.
Ind. Code § 13-11-2-61 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-61
"Dredged material"
Status: in_force

Sec. 61. "Dredged material", for purposes of this chapter, means material that is dredged or excavated from an isolated wetland.

[Pre-1996 Recodification Citation: 13-1-6-2(a) part, (i).]

As added by P.L.52-2004, SEC.2. Amended by P.L.2-2005, SEC.53.
Ind. Code § 13-18-20.5-4 — Indiana Code / Title 13 / Article 18 / Chapter 20.5 / Section 13-18-20.5-4
Delinquent payment; penalties
Status: in_force

Sec. 4. (a) In addition to the penalties prescribed under:

(1) IC 13-30-4-1;

(2) IC 13-30-4-2; and

(3) IC 13-30-5-1;

if a person does not remit a public water system annual operation fee or installment of the fee under IC 13-16-2 to the department not later than sixty (60) days after the date the fee is assessed or not later than thirty (30) days after the date the installment is due, the person shall be assessed a delinquency charge equal to ten percent (10%) of the fee or ten percent (10%) of the installment, whichever applies.

(b) A delinquency charge assessed under this section is due and payable not later than sixty (60) days after the date a fee is assessed or not later than thirty (30) days after the date an installment of the fee is due under IC 13-16-2.

As added by P.L.224-2003, SEC.134.
Ind. Code § 13-25-5-20 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-20
Third party actions or claims; liability for claims for contribution
Status: in_force

Sec. 20. (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 voluntary remediation work plan has or may have against a third party.

(b) A person who implements or completes an approved voluntary remediation work plan under this chapter is not liable for claims for contribution concerning matters addressed in:

(1) the work plan; or

(2) a certificate of completion issued to the person under section 16 of this chapter.

[Pre-1996 Recodification Citation: 13-7-8.9-20.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-20-17.7-2 — Indiana Code / Title 13 / Article 20 / Chapter 17.7 / Section 13-20-17.7-2
Content of plan
Status: in_force

Sec. 2. A plan described in section 1 of this chapter must include the following:

(1) An education program concerning the purposes of the mercury switch collection program and how to participate in the program, including the following:

(A) Educational materials about the program.

(B) Information identifying which end of life vehicles might contain mercury switches by make, model, and year of manufacture.

(C) Instructions on safe and environmentally sound methods to remove mercury switches.

(2) The provision of containers for collecting and storing mercury switches.

(3) Procedures for the transportation of mercury switches to recycling, storage, or disposal facilities.

(4) Procedures for the recycling, storage, and disposal of mercury.

(5) Procedures to track the progress of the program, including a description of performance measures to be used and reported to demonstrate that the program is meeting measures of the effectiveness of the program, including the following:

(A) The number of mercury switches collected from end of life vehicles.

(B) The amount of mercury collected.

(6) Procedures for implementing the plan.

As added by P.L.170-2006, SEC.15. Amended by P.L.53-2014, SEC.126; P.L.130-2018, SEC.66.
Ind. Code § 13-27-7-3 — Indiana Code / Title 13 / Article 27 / Chapter 7 / Section 13-27-7-3
Goals of programs
Status: in_force

Sec. 3. Programs implemented by the department:

(1) must encourage pollution prevention; and

(2) may not discourage the use of recycling or treatment techniques determined to be acceptable for pollution that has not been prevented.

[Pre-1996 Recodification Citation: 13-9-7-3.]

As added by P.L.1-1996, SEC.17. Amended by P.L.135-2026, SEC.290.
Ind. Code § 13-11-2-48.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-48.5
"Cropland"
Status: in_force

Sec. 48.5. (a) "Cropland", for purposes of IC 13-18-22-1(c), means farmland:

(1) that is cultivated for agricultural purposes; and

(2) from which crops are harvested.

(b) The term includes:

(1) orchards;

(2) farmland used to produce row crops, close-grown crops, or cultivated hay; and

(3) farmland intentionally kept out of production during a regular growing season (summer fallow).

(c) The term does not include pastureland unless the pastureland is in active rotation with cultivated crops for purposes of soil maintenance or improvement.

As added by P.L.160-2021, SEC.2. Amended by P.L.1-2024, SEC.2.
Ind. Code § 13-20-25-14 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-14
Repealed
Status: repealed

As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015, SEC.19; P.L.112-2016, SEC.21. Repealed by P.L.130-2018, SEC.69.
Ind. Code § 13-24-2-3 — Indiana Code / Title 13 / Article 24 / Chapter 2 / Section 13-24-2-3
Liability for original discharge
Status: in_force

Sec. 3. This chapter does not affect or impair:

(1) a cause of action against; or

(2) the liability of;

any responsible party for the original discharge. The responsible party remains liable for any and all damage arising from the discharge, including damage arising from improperly provided response assistance, as otherwise provided by law.

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

As added by P.L.1-1996, SEC.14.
Ind. Code § 13-26-14-3 — Indiana Code / Title 13 / Article 26 / Chapter 14 / Section 13-26-14-3
Applicability of other rights and laws
Status: in_force

Sec. 3. Except as otherwise provided by this article, in all actions to foreclose the liens:

(1) the laws concerning municipal public improvement assessments; and

(2) the rights, remedies, procedure, and relief granted the parties to the action;

apply.

[Pre-1996 Recodification Citation: 13-3-2-28(b).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-18-3-1 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-1
Water pollution rules
Status: in_force

Sec. 1. The board shall adopt rules for the control and prevention of pollution in waters of Indiana.

[Pre-1996 Recodification Citation: 13-1-3-4(a) part.]

As added by P.L.1-1996, SEC.8. Amended by P.L.133-2012, SEC.125; P.L.135-2026, SEC.145.
Ind. Code § 13-26-1-2 — Indiana Code / Title 13 / Article 26 / Chapter 1 / Section 13-26-1-2
Petition to increase board of trustees membership, add to, modify, or abandon purposes or plan
Status: in_force

Sec. 2. (a) At any time after the creation of a district, the district, after motion by the district's board, may file a petition with the department requesting the approval of the department permitting the district to:

(1) increase or add to the district's purposes or modify the district plan approved by the department;

(2) abandon or surrender all or part of a purpose or plan approved by the department; or

(3) subject to IC 13-26-4-1, increase the number of persons serving on the board of trustees.

(b) The department may:

(1) approve;

(2) modify and approve; or

(3) reject;

a request received under this section.

[Pre-1996 Recodification Citation: 13-3-2-9.]

As added by P.L.1-1996, SEC.16. Amended by P.L.101-2003, SEC.1.
Ind. Code § 13-20-13-5 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-5-b
Duties of certificate of registration holders
Status: in_force

Note: This version of section amended by P.L.152-2026, SEC.207, effective 7-1-2027. See also preceding version of this section amended by P.L.135-2026, SEC.197, effective 7-1-2026.

Sec. 5. A person that obtains a certificate of registration under section 3 of this chapter must do the following:

(1) Report annually to the department on the following:

(A) The number of passenger tire equivalents received at the waste tire storage site or by the waste tire processing operation.

(B) The number and manner of disposal of the passenger tire equivalents.

(2) Maintain contingency plans to protect public health and the environment.

(3) If the person operates a waste tire storage site, maintain financial assurance acceptable to the department necessary for waste tire removal, in an amount specified in rules adopted by the board under section 11(b)(3) of this chapter.

(4) Maintain a copy of the certificate of registration at the site.

(5) Comply with applicable rules and requirements established by the department of homeland security for indoor waste tire storage sites.

(6) Retain a copy of manifests received from a waste tire transporter under IC 13-20-14 for at least one (1) year and make a copy of the manifests available to the department upon request.

[Pre-1996 Recodification Citation: 13-7-23-9.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.9; P.L.37-2012, SEC.33; P.L.152-2026, SEC.207.
Ind. Code § 13-15-6-5 — Indiana Code / Title 13 / Article 15 / Chapter 6 / Section 13-15-6-5
Judicial review
Status: in_force

Sec. 5. (a) This section applies to an application for a permit or for the renewal of a permit under the operating permit program under 42 U.S.C. 7661 through 7661f.

(b) Notwithstanding IC 4-21.5-5-5, a person may file a petition for judicial review of final agency action on an application for a permit, a permit renewal, or a permit revision more than thirty (30) days after the person is served notice of the final agency action if the following conditions exist:

(1) The petition is based on new grounds that arise more than thirty (30) days after the person is served the notice.

(2) The petition is filed not more than thirty (30) days after the new grounds arise.

(3) The new grounds:

(A) are based on new information that was not available during the review period; and

(B) could not by due diligence have been discovered and produced within the time required for the proceedings under this section.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.90-1998, SEC.15.
Ind. Code § 13-18-20-11 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-11
Industrial waste pretreatment permit
Status: in_force

Sec. 11. For an industrial waste pretreatment permit, the annual fee is three hundred fifty dollars ($350).

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-20-13-12 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-12
Certificate of registration not required
Status: in_force

Sec. 12. A person that obtains a certificate of registration under this chapter is not required to obtain a solid waste processing facility permit referred to in section 1 of this chapter:

(1) for activities covered under the registration, including the:

(A) baling;

(B) transferring;

(C) cutting; or

(D) shredding;

of waste tires; or

(2) if the person stores or processes waste tires in a facility in accordance with this chapter and the rules adopted under this chapter.

[Pre-1996 Recodification Citation: 13-7-23-16.]

As added by P.L.1-1996, SEC.10. Amended by P.L.37-2012, SEC.35.
Ind. Code § 13-17-5-2 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-2
Consistency of rules with federal emission control laws
Status: in_force

Sec. 2. Any rules proposed for adoption under section 1 of this chapter must be consistent with provisions of federal law relating to control of emissions from vehicles. The board may not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification, or other approval of any feature or equipment designed for the control of emissions from vehicles if the feature or equipment has been certified, approved, or otherwise authorized under federal law.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-196.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-196.2
"Satellite manure storage facility"
Status: in_force

Sec. 196.2. (a) "Satellite manure storage structure", for purposes of IC 13-18-10.5, means any of the items listed in subsection (b) that:

(1) are not located at a livestock or poultry production area; and

(2) are designed for use in whole or in part for the storage of:

(A) at least one million (1,000,000) gallons of manure; or

(B) at least five thousand (5,000) cubic yards of manure.

(b) The items referred to in subsection (a) are as follows:

(1) A building.

(2) A lagoon.

(3) A pad.

(4) A pit.

(5) A pond.

(6) A tank.

As added by P.L.189-2011, SEC.9.
Ind. Code § 13-15-9-5 — Indiana Code / Title 13 / Article 15 / Chapter 9 / Section 13-15-9-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-9-4.]

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.107. Repealed by P.L.3-2026, SEC.6.
Ind. Code § 13-14-9-4 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-4
Notice of public comment; submission to publisher; requirements
Status: in_force

Sec. 4. (a) In addition to the requirements of IC 4-22-2-23 and (if applicable) IC 4-22-2-24, the notice of public comment period submitted by the department to the publisher must do the following:

(1) Contain a summary of the response of the department to written comments submitted under section 3 of this chapter, if applicable.

(2) Request the submission of comments, including suggestions of specific amendments to the language contained in the proposed rule.

(3) Identify each element of the proposed rule that imposes a restriction or requirement on persons to whom the proposed rule applies that:

(A) is more stringent or burdensome than a restriction or requirement imposed under federal law; or

(B) applies in a subject area in which federal law does not impose a restriction or requirement.

(4) With respect to each element identified under subdivision (3), identify:

(A) the environmental circumstance or hazard that dictates the imposition of the proposed restriction or requirement to protect human health and the environment;

(B) examples in which federal law is inadequate to provide the protection referred to in clause (A); and

(C) the:

(i) estimated fiscal impact; and

(ii) expected benefits;

based on the extent to which the proposed rule is more stringent or burdensome than the restrictions or requirements of federal law, or on the creation of restrictions or requirements in a subject area in which federal law does not impose restrictions or requirements.

(5) For any element of the proposed rule that imposes a restriction or requirement that is more stringent or burdensome than a restriction or requirement imposed under federal law or that applies in a subject area in which federal law does not impose restrictions or requirements, describe the availability for public inspection of all materials relied upon by the department in the development of the proposed rule, including, if applicable:

(A) health criteria;

(B) analytical methods;

(C) treatment technology;

(D) economic impact data;

(E) environmental assessment data;

(F) analyses of methods to effectively implement the proposed rule; and

(G) other background data.

(b) If the notice provided by the department concerning a proposed rule identifies an element of the proposed rule that imposes a restriction or requirement more stringent or burdensome than a restriction or requirement imposed under federal law, the proposed rule shall not become effective under this chapter until the adjournment sine die of the regular session of the general assembly that begins after the department provides the notice.

(c) Subsection (b) does not prohibit or restrict the commissioner, the department, or the board from:

(1) adopting provisional rules under IC 4-22-2-37.1;

(2) taking emergency action under IC 13-14-10; or

(3) temporarily:

(A) altering ordinary operating policies or procedures; or

(B) implementing new policies or procedures;

in response to an emergency situation.

[Pre-1996 Recodification Citation: 13-7-7.1-4.]

As added by P.L.1-1996, SEC.4. Amended by P.L.240-2003, SEC.5; P.L.215-2005, SEC.17; P.L.100-2006, SEC.9; P.L.218-2016, SEC.2; P.L.249-2023, SEC.53; P.L.93-2024, SEC.116; P.L.135-2026, SEC.104.
Ind. Code § 13-24-1-9 — Indiana Code / Title 13 / Article 24 / Chapter 1 / Section 13-24-1-9
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20.1-14(c), (d).]

As added by P.L.1-1996, SEC.14. Repealed by P.L.90-1998, SEC.27.
Ind. Code § 13-18-24-9 — Indiana Code / Title 13 / Article 18 / Chapter 24 / Section 13-18-24-9
Violations; penalties
Status: in_force

Sec. 9. A person who violates this chapter commits a Class B infraction. However, the offense is a Class A infraction if the person has a prior unrelated judgment for a violation of this chapter.

As added by P.L.21-2015, SEC.5.
Ind. Code § 13-21-4-3 — Indiana Code / Title 13 / Article 21 / Chapter 4 / Section 13-21-4-3
Financial impact analysis
Status: in_force

Sec. 3. (a) A county executive of a county withdrawing from the district or the county executive of each county that would remain in a joint district after a county is removed from the district that adopts and submits the identical resolutions described in section 2 of this chapter shall prepare or pay for the preparation of an analysis concerning the legal obligations of:

(1) the joint district; and

(2) each county located in the joint district, including the county that would withdraw or be removed from the joint district;

that would remain after the county withdraws from the joint district or the joint district removes the county.

(b) A copy of the analysis shall be submitted to:

(1) the county executive of each county involved in the withdrawal or removal of a county from a joint district; and

(2) the commissioner;

not more than ninety (90) days after the date a resolution adopted under section 2 of this chapter takes effect.

[Pre-1996 Recodification Citation: 13-9.5-2.3-3.]

As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.5.
Ind. Code § 13-15-4-1 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-1
Deadlines for acting on applications; renewals
Status: in_force

Sec. 1. (a) Except as provided in sections 2, 3, and 6 of this chapter, the commissioner shall approve or deny an application filed with the department after July 1, 1995, within the following number of days:

(1) Three hundred sixty-five (365) days for an application concerning the following waste permits:

(A) A new hazardous waste or solid waste landfill.

(B) A new hazardous waste or solid waste incinerator.

(C) A major modification of a solid waste landfill.

(D) A major modification of a solid waste incinerator.

(E) A new hazardous waste treatment or storage facility.

(F) A new Part B permit issued under 40 CFR 270 et seq. for an existing hazardous waste treatment or storage facility.

(G) A Class 3 modification under 40 CFR 270.42 to a hazardous waste landfill.

(H) A new solid waste processing facility other than a transfer station.

(2) Except as provided in IC 13-18-3-2.1, two hundred seventy (270) days for an application concerning the following:

(A) A Class 3 modification under 40 CFR 270.42 of a hazardous waste treatment or storage facility.

(B) A major new National Pollutant Discharge Elimination System permit.

(C) A major modification to a solid waste processing facility other than a transfer station.

(3) Except as provided in IC 13-18-3-2.1, one hundred eighty (180) days for an application concerning the following:

(A) A new transfer station or a major modification to a transfer station.

(B) A minor new National Pollutant Discharge Elimination System individual permit.

(C) A permit concerning the land application of a material.

(D) A permit for marketing and distribution of a biosolid or an industrial waste product.

(4) Except as provided in IC 13-18-3-2.1, one hundred fifty (150) days for an application concerning a minor new National Pollutant Discharge Elimination System general permit.

(5) One hundred twenty (120) days for an application concerning a Class 2 modification under 40 CFR 270.42 to a hazardous waste facility.

(6) Ninety (90) days for an application concerning the following:

(A) A minor modification to a waste permit for the following:

(i) A solid waste landfill.

(ii) A solid waste processing facility.

(iii) An incinerator.

(B) A wastewater facility or water facility construction permit.

(7) The amount of time provided for in rules adopted by the board for an application for an air pollution permit.

(8) Sixty (60) days for an application concerning the following:

(A) A Class 1 modification under 40 CFR 270.42 requiring prior written approval, to a hazardous waste:

(i) landfill;

(ii) incinerator;

(iii) treatment facility; or

(iv) storage facility.

(B) Any other permit not specifically described in this section for which the application fee exceeds forty-nine dollars ($49) and for which a time frame has not been established under section 3 of this chapter.

(b) When a person holding a valid permit concerning an activity of a continuing nature has made a timely and sufficient application for a renewal permit, the commissioner shall approve or deny the application on or before the expiration date stated in the permit for which renewal is sought.

[Pre-1996 Recodification Citation: 13-7-10.1-4(a).]

As added by P.L.1-1996, SEC.5. Amended by P.L.224-1999, SEC.4; P.L.138-2000, SEC.5; P.L.240-2003, SEC.9; P.L.78-2009, SEC.13; P.L.159-2011, SEC.20; P.L.223-2011, SEC.1; P.L.113-2014, SEC.64; P.L.135-2026, SEC.114.
Ind. Code § 13-11-2-88 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-88
"Garbage"
Status: in_force

Sec. 88. "Garbage", for purposes of environmental management laws, means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the:

(1) processing;

(2) handling;

(3) preparation;

(4) cooking;

(5) serving; or

(6) consumption;

of food or food materials.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-11.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-26-7-3 — Indiana Code / Title 13 / Article 26 / Chapter 7 / Section 13-26-7-3
Repayment of money
Status: in_force

Sec. 3. When a district receives revenue for its operations or proceeds from the sale of bonds, the district shall repay any money advanced to the advancing agency in the manner agreed.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-11-2-31.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-31.6
"Combined sewer system"
Status: in_force

Sec. 31.6. "Combined sewer system", for purposes of sections 31.3, 31.5, 43.5, and 120.5 of this chapter and IC 13-18, means a system of combined sewers that:

(1) is designed, constructed, and used to receive and transport combined sewage to a publicly owned wastewater treatment plant; and

(2) may contain one (1) or more overflow points that discharge combined sewage entering the publicly owned wastewater treatment plant when the hydraulic capacity of the system or part of the system is exceeded as a result of a wet weather event.

As added by P.L.140-2000, SEC.4. Amended by P.L.1-2006, SEC.197.
Ind. Code § 13-11-2-30 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-30
"Cleaning"
Status: in_force

Sec. 30. "Cleaning", for purposes of IC 13-18-12, means:

(1) removal of wastewater from sewage disposal systems; and

(2) other actions incidental to that removal.

[Pre-1996 Recodification Citation: 13-7-8.8-1 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-19-4-10 — Indiana Code / Title 13 / Article 19 / Chapter 4 / Section 13-19-4-10
Rules of administration
Status: in_force

Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter.

[Pre-1996 Recodification Citation: 13-7-10.2-7.]

As added by P.L.1-1996, SEC.9. Amended by P.L.133-2012, SEC.134.
Ind. Code § 13-17-15-2 — Indiana Code / Title 13 / Article 17 / Chapter 15 / Section 13-17-15-2
"Law enforcement agency"
Status: in_force

Sec. 2. As used in this chapter, "law enforcement agency" means an agency or department of:

(1) the state;

(2) a political subdivision of the state; or

(3) a tribe;

whose principal function is the apprehension of criminal offenders.

As added by P.L.181-2018, SEC.4. Amended by P.L.64-2022, SEC.9.
Ind. Code § 13-21-6-7 — Indiana Code / Title 13 / Article 21 / Chapter 6 / Section 13-21-6-7
Criteria for consideration in evaluation of proposals
Status: in_force

Sec. 7. The board:

(1) shall evaluate proposals received under this chapter with regard to net cost or net revenues; and

(2) in the manner consistent with provisions set forth in the requests for proposals, may evaluate proposals on the basis of additional factors such as the following:

(A) The technical evaluation of facility design.

(B) Net energy efficiency.

(C) Environmental protection.

(D) Overall system reliability.

(E) Financial condition of the proposer.

[Pre-1996 Recodification Citation: 13-9.5-8-3(5).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-109.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-109.5
Repealed
Status: repealed

As added by P.L.138-2000, SEC.1. Repealed by P.L.218-2001, SEC.11.
Ind. Code § 13-25-2-2 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-2
Applicability of chapter; designation of additional facilities
Status: in_force

Sec. 2. (a) A substance is subject to this chapter if the substance is on the list published under 42 U.S.C. 11002(a)(2).

(b) Except as provided in section 6 of this chapter, a facility is subject to this chapter if a substance on the list referred to in subsection (a) is present at the facility in an amount that exceeds the threshold planning quantity established for the substance.

(c) For purposes of emergency planning, the Indiana emergency response commission may designate additional facilities that are subject to this chapter if the designation is made after public notice and opportunity for comment. The commission shall notify a facility affected by a designation under this section.

[Pre-1996 Recodification Citation: 13-7-37-9.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-23-1-1 — Indiana Code / Title 13 / Article 23 / Chapter 1 / Section 13-23-1-1
Establishment and operation of program
Status: in_force

Sec. 1. (a) The department shall establish and operate an underground storage tank release detection, prevention, and correction program under this article according to rules adopted by the board.

(b) The department may contract with another state agency to jointly operate the program under a memorandum of agreement that:

(1) may be amended;

(2) must contain the specific duties of the department and the contracting agency; and

(3) is available to the public for inspection.

[Pre-1996 Recodification Citation: 13-7-20-12.]

As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.2; P.L.133-2012, SEC.153.
Ind. Code § 13-20-17.5-1 — Indiana Code / Title 13 / Article 20 / Chapter 17.5 / Section 13-20-17.5-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter does not apply to antiques.

As added by P.L.225-2001, SEC.15.
Ind. Code § 13-11-2-201 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-201
"Sewage disposal system"
Status: in_force

Sec. 201. "Sewage disposal system", for purposes of this chapter, IC 13-18-12 and IC 13-20-17.5, means septic tanks, septic tank soil absorption systems, septage holding tanks, seepage pits, cesspools, privies, composting toilets, interceptors or grease traps, portable sanitary units, and other equipment, facilities, or devices used to:

(1) store;

(2) treat;

(3) make inoffensive; or

(4) dispose of;

human excrement or liquid carrying wastes of a domestic nature.

[Pre-1996 Recodification Citation: 13-7-8.8-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.159-2011, SEC.10; P.L.292-2013, SEC.3; P.L.107-2016, SEC.3; P.L.135-2026, SEC.32.
Ind. Code § 13-11-2-67 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-67
"Enforcement action"
Status: in_force

Sec. 67. (a) "Enforcement action", for purposes of IC 13-20-13 and IC 13-20-14, means:

(1) a written notice of a violation or a commissioner's order issued under IC 13-30-3;

(2) a letter identifying a violation; or

(3) a court proceeding initiated by the:

(A) department;

(B) department of homeland security;

(C) state; or

(D) federal government;

under an environmental protection law or other law concerning public health, safety, or the environment.

(b) "Enforcement action", for purposes of IC 13-25-5, means:

(1) a written notice of violation issued under IC 13-30-3-3, IC 13-30-3-4, or IC 13-7-11-2 (before its repeal) that requires or involves the removal or remediation of petroleum or a hazardous substance;

(2) another written notice that requires the removal or remediation of petroleum or a hazardous substance and that is:

(A) issued under:

(i) IC 4-21.5-3-6;

(ii) IC 4-21.5-3-8; or

(iii) IC 4-21.5-4; or

(B) substantially equivalent to a special notice letter issued under 42 U.S.C. 9622(e); or

(3) a similar notice issued by the federal government.

[Pre-1996 Recodification Citation: 13-7-8.9-1.]

As added by P.L.1-1996, SEC.1. Amended by P.L.93-1998, SEC.1; P.L.1-2006, SEC.198.
Ind. Code § 13-11-2-138.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-138.5
"Negligently"
Status: in_force

Sec. 138.5. For purposes of IC 13-30-10-1.5, a person acts "negligently" when:

(1) the person acts with a conscious and voluntary disregard for a standard of care that a reasonable person would exercise in the same circumstance;

(2) the consequence of the person's action is likely to cause foreseeable injury to human health or the environment; and

(3) the risk of the person's action causing foreseeable injury to human health or the environment is of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in a similar circumstance.

As added by P.L.181-2018, SEC.1.
Ind. Code § 13-22-10-14 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-14
Repealed
Status: repealed

As added by P.L.124-1996, SEC.20. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-28-5-2 — Indiana Code / Title 13 / Article 28 / Chapter 5 / Section 13-28-5-2
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-10-4-3(b).]

As added by P.L.1-1996, SEC.18. Repealed by P.L.135-2026, SEC.294.
Ind. Code § 13-18-10-6 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-6
Violations; penalties
Status: in_force

Sec. 6. A person who violates this chapter is 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 person who violates this chapter may be subject to criminal prosecution under IC 13-30-10.

[Pre-1996 Recodification Citation: 13-1-5.7-7.]

As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.12.
Ind. Code § 13-23-12-1 — Indiana Code / Title 13 / Article 23 / Chapter 12 / Section 13-23-12-1
Annual registration fee; separate compartments within tank; combination of tanks; period preceding July 1, 2014
Status: in_force

Sec. 1. (a) Each year, if an underground storage tank or aboveground storage tank has not been closed before January 1 of the year under:

(1) rules adopted under IC 13-23-1-2; or

(2) a requirement imposed by the commissioner before the adoption of rules under IC 13-23-1-2;

the owner of the underground storage tank or aboveground storage tank shall pay to the department an annual registration fee.

(b) The annual registration fee required by this section is as follows:

(1) Ninety dollars ($90) for each underground petroleum storage tank or aboveground petroleum storage tank.

(2) Two hundred forty-five dollars ($245) for each underground storage tank containing regulated substances other than petroleum.

(c) If an underground storage tank or aboveground storage tank consists of a single tank in which there are separate compartments, a separate fee shall be paid under subsection (b) for each compartment within the single tank.

(d) If an underground storage tank consists of a combination of tanks, a separate fee shall be paid under subsection (b) for each compartment within each tank in the combination of tanks.

(e) The following apply to tanks that contain separate compartments and that were in use before July 1, 2014:

(1) For the period preceding July 1, 2014, the payment of a single annual fee of ninety dollars ($90) for a tank containing separate compartments shall be deemed to satisfy the requirements of subsection (b).

(2) The department shall not be required to pay any refunds to a tank owner that paid a separate fee under subsection (b) for each compartment within a tank before July 1, 2014.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.2-1998, SEC.56; P.L.212-1999, SEC.4; P.L.6-2014, SEC.3; P.L.96-2016, SEC.41; P.L.176-2023, SEC.48.
Ind. Code § 13-20-22-5 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.2.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.11.
Ind. Code § 13-18-20.5-1 — Indiana Code / Title 13 / Article 18 / Chapter 20.5 / Section 13-18-20.5-1
Purpose
Status: in_force

Sec. 1. The provisions in this chapter are to defray the costs of administering activities of the federal Safe Drinking Water Act.

As added by P.L.224-2003, SEC.134.
Ind. Code § 13-18-27-19 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-19
General permit must be consistent with this chapter
Status: in_force

Sec. 19. The general permit, to the extent allowed under federal law, must recognize and be consistent with the provisions of this chapter, including:

(1) the prohibition in section 15 of this chapter against an MS4 community imposing erosion and sediment control measures on a construction project within the boundaries of the MS4 community that are more stringent than the erosion and sediment control measures established by the general permit;

(2) the provisions of section 16 of this chapter under which a project site owner may begin a construction project:

(A) if the review authority, under section 16(b) of this chapter, makes and notifies the project site owner of its preliminary determination that the construction plan is substantially complete; or

(B) if the review authority does not make a preliminary determination whether the construction plan is substantially complete within the period allowed by section 16(c) of this chapter;

(3) the qualifications established by section 17 of this chapter for an individual who reviews and makes a conclusive determination concerning a construction plan submitted to an MS4 community; and

(4) the limitation in section 18 of this chapter on the authority of an MS4 community to order the stoppage of work on a construction project after the MS4 community has made a conclusive favorable determination concerning the construction plan for the construction project.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-20.5-6-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 6 / Section 13-20.5-6-2
Means of providing information to households
Status: in_force

Sec. 2. The requirement in section 1 of this chapter may be met by retailers:

(1) by providing to households the department's contact information or website address; and

(2) if the retailer sells through catalogs or the Internet, by including the information in a prominent location in the retailer's catalog or on the retailer's website.

As added by P.L.178-2009, SEC.27. Amended by P.L.23-2026, SEC.98.
Ind. Code § 13-20-2-6 — Indiana Code / Title 13 / Article 20 / Chapter 2 / Section 13-20-2-6
Valuation of real property
Status: in_force

Sec. 6. For the purposes of this chapter, real property in which the applicant has an interest must be valued at the property's fair market value as determined under the assumption that the permit application will not be granted.

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

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-15-5-1 — Indiana Code / Title 13 / Article 15 / Chapter 5 / Section 13-15-5-1
Notice requesting comments; period for comments; hearings
Status: in_force

Sec. 1. (a) In response to an application for an original permit or a renewal permit, the commissioner:

(1) shall, if required by IC 13-15-3-3 or other law; or

(2) may, if not required by law;

publish a notice requesting comments concerning the question of issuance or denial of the permit.

(b) If the application is for an operating permit under 42 U.S.C. 7661 through 7661f, the commissioner shall give notice to all states that are:

(1) contiguous to Indiana; or

(2) located not more than fifty (50) miles from a source that is a subject of the permit application.

(c) A comment period of at least thirty (30) days must follow publication of a notice under this section. During the comment period, interested persons may:

(1) submit written comments to the commissioner concerning the issuance or denial of the permit; and

(2) request a public hearing concerning the issuance or denial of the permit.

(d) The commissioner, in response to a written request, may hold a public hearing in the geographical area affected by the proposed permit on the question whether to issue or deny the permit.

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

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-11-2-202 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-202
"Sewage works"
Status: in_force

Sec. 202. "Sewage works", for purposes of environmental management laws, means, individually or collectively, those constructions or devices used for any of the following:

(1) Collecting, pumping, treating, and disposing of sewage.

(2) The recovery of byproducts from sewage.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-21.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-49 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-49
"Damage"
Status: in_force

Sec. 49. "Damage", for purposes of IC 13-24-2, means damage of any kind for which liability may exist under Indiana law:

(1) resulting from;

(2) arising out of; or

(3) related to;

the discharge or threatened discharge of oil.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-216 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-216
"Spent nuclear fuel"
Status: in_force

Sec. 216. "Spent nuclear fuel", for purposes of IC 13-22-10, has the meaning set forth in Section 2 of the federal Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), as in effect on January 1, 1987.

[Pre-1996 Recodification Citation: 13-7-8.6-2(m).]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.7.
Ind. Code § 13-14-9-0.1 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-0.1
Repealed
Status: repealed

As added by P.L.220-2011, SEC.280. Repealed by P.L.135-2026, SEC.102.
Ind. Code § 13-11-2-0.4 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-0.4
"Aboveground storage tank"
Status: in_force

Sec. 0.4. (a) "Aboveground storage tank" (or AST), for purposes of this chapter and IC 13-23, means one (1) tank or combination of tanks:

(1) that is used to contain an accumulation of regulated substances;

(2) the volume of which, including the volume of the aboveground connected pipes described in subsection (b), is not more than ten percent (10%) below the surface of the ground;

(3) with a capacity of over one thousand five hundred (1,500) gallons but not more than twenty thousand (20,000) gallons; and

(4) that is used at:

(A) a bulk plant or facility regulated under the Pipeline Safety Act (49 U.S.C. 60101 et seq.) for the bulk storage and distribution of motor fuel to retailers; or

(B) an airport, including both primary and nonprimary airports as defined in 49 U.S.C. 47102.

(b) If a:

(1) single tank; or

(2) combination of tanks;

constitutes an aboveground storage tank under subsection (a), any pipes that are connected to the single tank or combination of tanks are considered part of the aboveground storage tank.

(c) The term 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 surface impoundment, pit, pond, or lagoon.

(5) A storm water or wastewater collection system.

(6) A flow-through process tank.

(7) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

(8) 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.

(9) A pipe connected to a tank described in subdivisions (1) through (8).

As added by P.L.176-2023, SEC.4.
Ind. Code § 13-11-2-151.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-151.6
"Panel"
Status: in_force

Sec. 151.6. "Panel", for purposes of IC 13-13-7.1, refers to the compliance advisory panel established by IC 13-13-7.1-1.

As added by P.L.12-2005, SEC.2. Amended by P.L.53-2014, SEC.116.
Ind. Code § 13-11-2-63.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-63.6
"ELTF claim"
Status: in_force

Sec. 63.6. "ELTF claim", as used in this chapter and IC 13-23, means any claim for payment from the ELTF.

As added by P.L.96-2016, SEC.5.
Ind. Code § 13-21-6-9 — Indiana Code / Title 13 / Article 21 / Chapter 6 / Section 13-21-6-9
Request for proposals; required information
Status: in_force

Sec. 9. Requests for proposals must include the following:

(1) A clear identification and specification of all elements of cost that will become charges to the district, in whatever form, in return for the fulfillment by the proposer of all tasks and responsibilities established by the request for proposals for the full lifetime of a proposed contract, including matters such as the following:

(A) Proposals for project staffing.

(B) Implementation of all work tasks.

(C) Carrying out of all responsibility required by the proposed contract.

(D) The cost of planning, design, construction, operation, management, or maintenance of any facility.

(E) The cost of solid waste management.

(2) A clear identification and specification of any revenues that would accrue to the district from the sale of any byproducts or from any other source.

(3) Other information that the board determines to have a material bearing on the board's ability to evaluate a proposal in accordance with this chapter.

[Pre-1996 Recodification Citation: 13-9.5-8-4.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-229.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-229.5
Repealed
Status: repealed

As added by P.L.123-1997, SEC.10. Repealed by P.L.57-2009, SEC.18.
Ind. Code § 13-11-2-175 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-175
"Property owner"
Status: in_force

Sec. 175. "Property owner", for purposes of IC 13-14-5 and IC 13-30-7, means:

(1) the person who owns the property or operates a regulated activity on the property; or

(2) an agent of the person who owns the property or operates a regulated activity on the property.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-17-4 — Indiana Code / Title 13 / Article 18 / Chapter 17 / Section 13-18-17-4
Investigation; contamination of private water supply wells; advisory; emergency action
Status: in_force

Sec. 4. (a) The department under IC 13-14-2-2:

(1) may investigate allegations of; and

(2) shall investigate confirmed incidents of;

contamination of groundwater that affect private water supply wells.

(b) The commissioner shall:

(1) issue an advisory to the users and owners of a water well found to be contaminated concerning the hazards to health posed by the contamination;

(2) take emergency action, including emergency action under IC 13-14-10, to reduce exposure to well water contaminants that pose a threat to human health; and

(3) as appropriate to safeguard human health, order abandonment of contaminated water wells.

[Pre-1996 Recodification Citation: 13-7-26-5.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-17-3-11 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-11
Power to adopt rules under state discretionary authority
Status: in_force

Sec. 11. The board may adopt rules under IC 4-22-2 and IC 13-14-9 under discretionary authority granted to the state by:

(1) 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); or

(2) a regulation adopted under the federal Clean Air Act.

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

As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.120.
Ind. Code § 13-11-2-211 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-211
"Solid waste management unit"
Status: in_force

Sec. 211. "Solid waste management unit", for purposes of environmental management laws, means a discernible unit at a hazardous waste facility from which hazardous waste or constituents of hazardous waste might migrate, irrespective of whether the unit was intended for the management of solid or hazardous wastes. The term includes containers, tanks, surface impoundments, waste piles, land treatment units, landfills, incinerators, and underground injection wells.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-23.5.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-73 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-73
"Excess liability trust fund"
Status: in_force

Sec. 73. "Excess liability trust fund", for purposes of IC 13-23, refers to the petroleum storage tank excess liability trust fund (or ELTF) established by IC 13-23-7-1.

[Pre-1996 Recodification Citation: 13-7-20-1.3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.9-1996, SEC.3; P.L.96-2016, SEC.7; P.L.176-2023, SEC.12.
Ind. Code § 13-25-2-11 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-11
Fire department; access for onsite inspection; notice of location information
Status: in_force

Sec. 11. Upon the request of the fire department that has jurisdiction over a facility that files an inventory form under section 9 of this chapter, the owner or operator of the facility shall:

(1) allow the fire department to conduct an onsite inspection of the facility; and

(2) provide to the fire department specific location information on hazardous chemicals at the facility.

[Pre-1996 Recodification Citation: 13-7-37-16(m).]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-20-5-1 — Indiana Code / Title 13 / Article 20 / Chapter 5 / Section 13-20-5-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter does not apply to the disposal of solid waste by a person that:

(1) generated the solid waste; and

(2) disposes of the solid waste at a site that is:

(A) owned by the person; and

(B) limited, for purposes of the disposal of solid waste, to use by the person for the disposal of solid waste generated by the person.

[Pre-1996 Recodification Citation: 13-7-22-2.7(b).]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-25-5-1 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-1
Intent of chapter
Status: in_force

Sec. 1. (a) This chapter is intended to provide an alternative procedure to assure compliance with the law and to encourage the voluntary remediation of hazardous substances and petroleum.

(b) This section does not affect a person's legal obligations set forth in 42 U.S.C. 6901 et seq. regardless of a person's participation in this chapter.

[Pre-1996 Recodification Citation: 13-7-8.9-24.]

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.16.
Ind. Code § 13-19-7-2 — Indiana Code / Title 13 / Article 19 / Chapter 7 / Section 13-19-7-2
"EPA"
Status: in_force

Sec. 2. As used in this chapter, "EPA" refers to the United States Environmental Protection Agency.

As added by P.L.88-2017, SEC.4.
Ind. Code § 13-22-10-16 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-16
Repealed
Status: repealed

As added by P.L.124-1996, SEC.22. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-11-2-195 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-195
"Revenues"
Status: in_force

Sec. 195. (a) "Revenues", for purposes of IC 13-21, means the amounts received by a county or joint solid waste management district from the operation or ownership of facilities.

(b) The term does not include amounts derived from the levy of taxes or from fees under IC 13-21-13.

[Pre-1996 Recodification Citation: 13-9.5-1-25.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-268 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-268
"Work receipt"
Status: in_force

Sec. 268. "Work receipt", for purposes of IC 13-23, means a receipt that:

(1) is signed by a contractor certified under IC 13-23-3-3; and

(2) contains the following:

(A) The name and address of the contractor.

(B) An itemized list of the work performed by the contractor.

(C) The itemized cost of the work performed.

[Pre-1996 Recodification Citation: 13-7-20-11.5.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-34 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-34
"Commission"
Status: in_force

Sec. 34. (a) "Commission", for purposes of IC 13-25-1 and IC 13-25-2, refers to the Indiana emergency response commission.

(b) "Commission", for purposes of IC 13-29-1, means the Midwest Interstate Low-Level Radioactive Waste Commission.

(c) "Commission", for purposes of IC 13-29-2-2 through IC 13-29-2-7, refers to the Ohio River Valley Water Sanitation Commission.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-36-1; 13-7-37-2; subsection (b) formerly 13-5-9-2 part; subsection (c) formerly 13-5-5-2 part,.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-23-9-1.5 — Indiana Code / Title 13 / Article 23 / Chapter 9 / Section 13-23-9-1.5
Costs for which ELTF claims may be paid
Status: in_force

Sec. 1.5. (a) The administrator may pay ELTF claims only for costs that:

(1) are reasonable and cost effective; and

(2) result from or reimburse the claimant for the following:

(A) Work performed for site characterization.

(B) Development and implementation of a corrective action plan that:

(i) is approved by the commissioner under rules adopted by the environmental rules board; and

(ii) has not been suspended.

(C) Work performed as part of an emergency response necessary to abate an immediate threat of harm to human health, property, or the environment.

(D) Third party indemnification claims submitted in accordance with section 3 of this chapter.

(E) Reasonable attorney's fees incurred in defense of third party claims.

(F) Releases that occurred on or after April 1, 1988.

(G) Compensation paid by the claimant to technicians for services performed in preparation of the claimant's ELTF claim.

(H) Work performed to decommission or replace an underground petroleum storage tank as provided under section 1.7 of this chapter.

(b) The administrator may also pay ELTF claims for costs not described in subsection (a) if allowed under rules adopted by the petroleum storage tank financial assurance board.

As added by P.L.96-2016, SEC.33. Amended by P.L.200-2017, SEC.15; P.L.176-2023, SEC.43.
Ind. Code § 13-15-8-3 — Indiana Code / Title 13 / Article 15 / Chapter 8 / Section 13-15-8-3
Contents of notice
Status: in_force

Sec. 3. The notice provided by a person under section 2 of this chapter must:

(1) be in writing;

(2) include the date on which the application for the permit was submitted to the department; and

(3) include a brief description of the subject of the application.

[Pre-1996 Recodification Citation: 13-7-10-1.1(c).]

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-25-5-21 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-21
Voluntary remediation fund
Status: in_force

Sec. 21. (a) The voluntary remediation fund is established to provide a source of money for the department to implement 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 as follows:

(1) Fees paid under section 2 of this chapter.

(2) Appropriations made by the general assembly.

(3) Gifts and donations intended for deposit in the fund.

(4) Transfers under section 22 of this chapter from the environmental management special fund established by IC 13-14-12-1.

[Pre-1996 Recodification Citation: 13-7-8.9-21.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-78 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-78
"Federal permit"
Status: in_force

Sec. 78. "Federal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a federally owned facility.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-127 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-127
"Mass balance calculation"
Status: in_force

Sec. 127. "Mass balance calculation", for purposes of IC 13-27, means a determination of the annual quantities of each toxic material that is:

(1) transported to;

(2) produced at;

(3) used at;

(4) accumulated or stored at;

(5) released from; or

(6) transported from;

a business or manufacturing facility as a waste or pollutant, as a commercial product or byproduct, in a commercial product or byproduct, or as a component of a commercial product or byproduct, based upon an analysis of each process or operation at the business or manufacturing facility.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-12.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.7; P.L.37-2012, SEC.7.
Ind. Code § 13-21-11-2 — Indiana Code / Title 13 / Article 21 / Chapter 11 / Section 13-21-11-2
Sale of notes
Status: in_force

Sec. 2. An issuance of a note or notes or evidence of indebtedness under this chapter or IC 13-9.5-9-7 (before its repeal) may be sold at a public or private negotiated sale.

[Pre-1996 Recodification Citation: 13-9.5-9-7(b).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-23-13-15 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-15
Limits on liability of fiduciaries
Status: in_force

Sec. 15. (a) The liability of a fiduciary under this title for the release or threatened release of a hazardous substance at, from, or in connection with an underground storage tank or aboveground storage tank held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity.

(b) Subsection (a) does not apply to the extent that a person is liable under this title independently of the person's ownership of an underground storage tank or aboveground storage tank as a fiduciary or actions taken in a fiduciary capacity.

(c) Subsections (a) and (d) do not limit the liability pertaining to a release or threatened release of a hazardous substance if negligence of a fiduciary causes or contributes to the release or threatened release.

(d) A fiduciary is not liable in its personal capacity under this title for any of the following:

(1) Undertaking or directing another person to undertake a response action under 42 U.S.C. 9607(d)(1) or under the direction of an on-scene coordinator designated under the National Contingency Plan.

(2) Undertaking or directing another person to undertake other lawful means of addressing a hazardous substance in connection with the underground storage tank or aboveground storage tank.

(3) Terminating the fiduciary relationship.

(4) Including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law, or monitoring, modifying, or enforcing the term or condition.

(5) Monitoring or undertaking at least one (1) inspection of the underground storage tank or aboveground storage tank.

(6) Providing financial advice or other advice or counseling to other parties to the fiduciary relationship, including the settlor or beneficiary.

(7) Restructuring, renegotiating, or otherwise altering the terms and conditions of the fiduciary relationship.

(8) Administering, as a fiduciary, an underground storage tank or aboveground storage tank that was contaminated before the fiduciary relationship began.

(9) Declining to take any of the actions referred to in subdivisions (2) through (8).

(e) This section does not apply to a person if the person:

(1) acts in a capacity other than:

(A) a fiduciary capacity; or

(B) a beneficiary capacity;

and, in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or

(2) is a beneficiary and a fiduciary with respect to the same fiduciary estate and, as a fiduciary, receives benefits that exceed customary or reasonable compensation and incidental benefits permitted under other applicable law.

(f) This section does not preclude a claim against the assets of the estate or trust administered by:

(1) the fiduciary; or

(2) a nonemployee agent or independent contractor retained by a fiduciary.

(g) This section does not:

(1) affect the rights, immunities, or other defenses that are available under:

(A) this title; or

(B) other law that is applicable to a person subject to this chapter; or

(2) create:

(A) any liability for a person; or

(B) a private right of action against a fiduciary or any other person.

As added by P.L.90-1998, SEC.21. Amended by P.L.176-2023, SEC.60.
Ind. Code § 13-11-2-66 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-66
"Emergency response agency"
Status: in_force

Sec. 66. "Emergency response agency", for purposes of IC 13-25-6, means:

(1) the state police;

(2) the environmental response branch of the department;

(3) a police department established under IC 36-8-2-2;

(4) a fire department established under IC 36-8-2-3;

(5) any agency of a governmental entity, or any combination of agencies of governmental entities, that provides:

(A) firefighting services;

(B) emergency rescue services; or

(C) emergency medical services; or

(6) any other agency of a governmental entity that provides manpower, equipment, or supplies at the scene of a hazardous materials emergency.

[Pre-1996 Recodification Citation: 13-6-2-3.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-15-11-2 — Indiana Code / Title 13 / Article 15 / Chapter 11 / Section 13-15-11-2
Administration of fund; use to pay costs of permit programs
Status: in_force

Sec. 2. (a) The department shall administer the fund. Revenue that accrues to the fund is continuously appropriated to the department for the purpose set forth in subsection (c).

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

(c) Money in the fund may be used only to pay the costs incurred by the department in operating the permit programs conducted under:

(1) IC 13-18-10;

(2) IC 13-18-20;

(3) IC 13-18-20.5;

(4) IC 13-20-21; and

(5) IC 13-22-12.

[Pre-1996 Recodification Citation: 13-7-16-6.5(a) part, (b) part.]

As added by P.L.1-1996, SEC.5. Amended by P.L.250-2019, SEC.12.
Ind. Code § 13-23-8-1 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-1
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.13; P.L.14-2001, SEC.6. Repealed by P.L.96-2016, SEC.22.
Ind. Code § 13-17-5-5 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-1-1-11 part.]

As added by P.L.1-1996, SEC.7. Repealed by P.L.229-1999, SEC.5.
Ind. Code § 13-11-2-177.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-177.7
"Qualified environmental professional"
Status: in_force

Sec. 177.7. "Qualified environmental professional", for purposes of IC 13-23-13, means the following:

(1) A registered professional engineer (as defined in IC 25-31-1-2).

(2) A licensed professional geologist (as defined in IC 25-17.6-1-6.5).

(3) A certified hazardous materials manager (CHMM) as certified by the Institute of Hazardous Material Management.

(4) A professional soil scientist registered under IC 25-31.5-4-1.

As added by P.L.176-2023, SEC.27.
Ind. Code § 13-20-8-7 — Indiana Code / Title 13 / Article 20 / Chapter 8 / Section 13-20-8-7
Enforcement of chapter; penalties
Status: in_force

Sec. 7. (a) This chapter shall be enforced under IC 13-30-3.

(b) A violation of this chapter or a rule adopted under this chapter is subject to criminal prosecution and to the penalties set forth in the following:

(1) IC 13-30-4.

(2) IC 13-30-5.

(3) IC 13-30-8.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.137-2007, SEC.17.
Ind. Code § 13-20.5-7-9 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-9
Department evaluation of national program and regional agreement
Status: in_force

Sec. 9. If a national electronic waste program is implemented that is similar to the program established under this article, the department shall review, evaluate, and compare the national program, the program established under this article, and any regional agreement the department has entered into under section 8 of this chapter.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-66.9 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-66.9
"End of life vehicle"
Status: in_force

Sec. 66.9. "End of life vehicle", for purposes of IC 13-20-17.7, means a motor vehicle that is:

(1) sold; or

(2) otherwise conveyed;

to a motor vehicle recycler for the purpose of recycling.

As added by P.L.170-2006, SEC.4. Amended by P.L.112-2016, SEC.4.
Ind. Code § 13-11-2-242.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-242.3
"Upset"
Status: in_force

Sec. 242.3. "Upset", for purposes of IC 13-18-12-8, means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee, and does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

As added by P.L.112-2000, SEC.2.
Ind. Code § 13-21-12-3 — Indiana Code / Title 13 / Article 21 / Chapter 12 / Section 13-21-12-3
Security exempt from registration requirement of IC 23
Status: in_force

Sec. 3. A security issued in connection with a financing under this article, the interest on which is excludable from adjusted gross income tax, is exempt from the registration requirements of IC 23.

[Pre-1996 Recodification Citation: 13-9.5-9-10.]

As added by P.L.1-1996, SEC.11. Amended by P.L.192-2002(ss), SEC.156.
Ind. Code § 13-20-6-6 — Indiana Code / Title 13 / Article 20 / Chapter 6 / Section 13-20-6-6
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10.5-15.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.154-2005, SEC.17.
Ind. Code § 13-27-2-4 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-4
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9-2-4.]

As added by P.L.1-1996, SEC.17. Repealed by P.L.135-2026, SEC.282.
Ind. Code § 13-17-3-2 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-2
Inspections
Status: in_force

Sec. 2. The commissioner may conduct inspections under air pollution control laws in accordance with IC 13-14-2.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-13-8-8 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-8
Compensation
Status: in_force

Sec. 8. (a) Ex officio members of the board serve without additional compensation.

(b) Each appointed member of the board is entitled to the following:

(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).

(2) Reimbursement for traveling expenses 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.

(c) The per diem salary and mileage reimbursement are valid claims against the department.

As added by P.L.133-2012, SEC.72.
Ind. Code § 13-30-10-4 — Indiana Code / Title 13 / Article 30 / Chapter 10 / Section 13-30-10-4
Repealed
Status: repealed

As added by P.L.137-2007, SEC.31. Repealed by P.L.114-2008, SEC.33.
Ind. Code § 13-18-20-10 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-10
Storm water permits
Status: in_force

Sec. 10. (a) For storm water permits for construction activity, a fee of one hundred dollars ($100) shall be submitted with a notice of intent (NOI).

(b) For storm water permits for industrial activity, the annual fee is one hundred dollars ($100).

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-21-5-13 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-13
Required contents of plan
Status: in_force

Sec. 13. A district plan must do the following:

(1) Set forth goals and objectives for the district.

(2) Identify alternative means of achieving these goals and objectives based upon the problems and needs of the district.

(3) Set forth a description of the following:

(A) The operational costs and capital costs of implementing the district plan.

(B) The proposed means of financing the implementation of the district plan.

(4) Set forth the basis for setting fees, rates, and charges for use of any facility.

(5) Designate a person to supervise the implementation of the district plan and describe the responsibilities and authority of that person.

(6) Describe the surveillance and enforcement procedures to be implemented to ensure compliance with the district plan.

[Pre-1996 Recodification Citation: 13-9.5-4-7.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-13-7.1-11 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-11
Repealed
Status: repealed

As added by P.L.53-2014, SEC.119. Repealed by P.L.135-2026, SEC.61.
Ind. Code § 13-18-11-1 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-1
Exclusion of certain water supply systems
Status: in_force

Sec. 1. (a) As used in this chapter, "transient noncommunity water system" has the meaning set forth in IC 13-11-2-237.5.

(b) The commissioner may determine that this chapter does not apply to a transient noncommunity water system.

[Pre-1996 Recodification Citation: 13-1-6-11.]

As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.2; P.L.1-2001, SEC.18.
Ind. Code § 13-23-11-8 — Indiana Code / Title 13 / Article 23 / Chapter 11 / Section 13-23-11-8
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20-35.1.]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.20. Repealed by P.L.25-1997, SEC.18.
Ind. Code § 13-11-2-170 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-170
"Prior environmental law"
Status: repealed

Sec. 170. "Prior environmental law", for purposes of IC 13-12-1, refers to the statutes that are repealed or amended in the recodification act of the 1996 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 1996 regular session of the general assembly.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-4-12 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-12
Transportation of municipal waste between processing facilities
Status: in_force

Sec. 12. A solid waste processing facility may not transport municipal waste to:

(1) another solid waste processing facility; or

(2) a solid waste disposal facility;

unless the municipal waste is accompanied by a municipal waste transportation manifest required by section 7 of this chapter.

[Pre-1996 Recodification Citation: 13-7-31-15.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-14-2-6 — Indiana Code / Title 13 / Article 14 / Chapter 2 / Section 13-14-2-6
Court actions by commissioner
Status: in_force

Sec. 6. Except as provided in IC 13-14-6, the commissioner may proceed in court, by appropriate action, to:

(1) enforce any final order of the commissioner or the board;

(2) collect any penalties or fees;

(3) procure or secure compliance with this title or any other law that the department has the duty or power to enforce;

(4) procure compliance with any standard or rule of the board;

(5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:

(A) executed before July 1, 2009;

(B) approved by the commissioner; and

(C) created in connection with any:

(i) remediation;

(ii) closure;

(iii) cleanup;

(iv) corrective action; or

(v) determination exercising enforcement discretion or of no further action being required;

approved by the department under this title; or

(6) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:

(A) executed after June 30, 2009; and

(B) created in connection with any of the following approved by the department under this title:

(i) A remediation.

(ii) A closure.

(iii) A cleanup.

(iv) A corrective action.

(v) A determination exercising enforcement discretion or of no further action being required.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.61-2001, SEC.1; P.L.78-2009, SEC.10; P.L.133-2012, SEC.81.
Ind. Code § 13-11-2-237 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-237
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22.5-9.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.60.
Ind. Code § 13-22-12-12 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-12
Payment of all fees by person or facility in multiple fee categories
Status: in_force

Sec. 12. A person or facility that is described in more than one (1) category under this chapter must pay all applicable fees.

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

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-18-10.5-3 — Indiana Code / Title 13 / Article 18 / Chapter 10.5 / Section 13-18-10.5-3
Applying for approval to construct or expand satellite manure storage structure
Status: in_force

Sec. 3. (a) An applicant who applies for approval under section 1 of this chapter to construct or expand a satellite manure storage structure shall make a reasonable effort to provide notice not more than ten (10) working days after submitting an application for approval to:

(1) the county executive of the county in which the satellite manure storage structure is to be constructed or expanded; and

(2) each owner and each occupant of land of which any part of the boundary is one-half (1/2) mile or less from any part of the proposed footprint of the satellite manure storage structure.

(b) The notice described in subsection (a) must:

(1) be in writing;

(2) be sent by mail; and

(3) include the following:

(A) The date the application was submitted to the department.

(B) A brief description of the subject of the application.

(c) An applicant shall pay the costs of complying with this section.

As added by P.L.199-2014, SEC.6.
Ind. Code § 13-14-3-3 — Indiana Code / Title 13 / Article 14 / Chapter 3 / Section 13-14-3-3
Local governmental units; hearings; orders
Status: in_force

Sec. 3. (a) If the commissioner finds that the local governmental units have not developed plans that provide for adequate:

(1) water supply;

(2) air, water, or wastewater treatment; or

(3) solid waste disposal facilities;

the department may hold a public hearing.

(b) If the facts support the conclusion, the department may order the affected local governmental units to proceed to form regional water, sewage, air, or solid waste districts that are necessary under IC 13-26.

[Pre-1996 Recodification Citation: 13-7-15-2(b).]

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-11-2-17 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-17
"Board"
Status: in_force

Sec. 17. (a) "Board", except as provided in subsections (b) through (d), refers to the environmental rules board established by IC 13-13-8-3.

(b) "Board", for purposes of IC 13-21, refers to the board of directors of a solid waste management district.

(c) "Board", for purposes of IC 13-23-11, refers to the petroleum storage tank financial assurance board established by IC 13-23-11-1.

(d) "Board", for purposes of IC 13-26, refers to the board of trustees of a regional water, sewage, or solid waste district.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-5 part, subsection (b) New; subsection (c) formerly 13-1-1-2(a), (h) part; subsection (d) formerly 13-1-3-1.5 part; 13-1-5.7-1(a); 13-1-5.7-1(g) part; 13-1-6-2(a) part; 13-1-6-2(b); 13-7-8.8-1 part; subsection (e) formerly 13-1-12-1; 13-7-8.6-2(b); 13-7-16.5-1 part; 13-7-20-1; 13-7-20.1-1; 13-7-23-1; subsection (f) formerly 13-7-25-1; subsection (g) formerly 13-7-33-8 part; 13-9.5-1-1 part; 13-9.5-1-3, subsection (h) New; subsection (i) formerly 13-3-2-1 part; subsection (j) formerly 13-9-1-1 part; 13-9-1-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.1; P.L.1-2002, SEC.61; P.L.2-2005, SEC.52; P.L.159-2011, SEC.1; P.L.37-2012, SEC.1; P.L.133-2012, SEC.68; P.L.13-2013, SEC.46; P.L.176-2023, SEC.7.