Ind. Code § 13-15-11-4 — Indiana Code / Title 13 / Article 15 / Chapter 11 / Section 13-15-11-4
Investment of fund
Status: in_force

Sec. 4. (a) 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.

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

[Pre-1996 Recodification Citation: 13-7-16-6.5(c), (d).]

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-11-2-16.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-16.7
Repealed
Status: repealed

As added by P.L.189-2011, SEC.2. Repealed by P.L.135-2026, SEC.9.
Ind. Code § 13-18-22-2 — Indiana Code / Title 13 / Article 18 / Chapter 22 / Section 13-18-22-2
Improving classification of isolated wetland
Status: in_force

Sec. 2. The classification of an isolated wetland that is based on the level of disturbance of the wetland by human activity or development may be improved to a higher numeric class if an action is taken to restore the isolated wetland, in full or in part, to the conditions that existed on the isolated wetland before the disturbance occurred.

As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.5; P.L.2-2005, SEC.55; P.L.1-2024, SEC.5.
Ind. Code § 13-20-10-7 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-7
Annual reports
Status: in_force

Sec. 7. A person who operates a composting facility that must be registered under this chapter shall submit an annual report to the department:

(1) before February 1 of each year; and

(2) that indicates the volume of material processed by the composting facility during the preceding year.

[Pre-1996 Recodification Citation: 13-7-35-7.]

As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.13.
Ind. Code § 13-15-9-4 — Indiana Code / Title 13 / Article 15 / Chapter 9 / Section 13-15-9-4
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.106. Repealed by P.L.3-2026, SEC.5.
Ind. Code § 13-19-3-9 — Indiana Code / Title 13 / Article 19 / Chapter 3 / Section 13-19-3-9
Construction\demolition waste; setback requirements
Status: in_force

Sec. 9. (a) This section does not apply to an expansion of a solid waste landfill:

(1) that accepts only construction\demolition waste; and

(2) for which a construction\demolition waste permit was issued before January 1, 2005.

(b) A solid waste landfill that accepts only construction\demolition waste shall comply with setback requirements concerning public schools established by the board for municipal solid waste landfills.

As added by P.L.189-2005, SEC.2. Amended by P.L.135-2026, SEC.185.
Ind. Code § 13-26-11-5 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-5
Billing and collection
Status: in_force

Sec. 5. A district may bill and collect rates and charges for the services to be provided after the contract for construction of a sewage works has been let and actual work commenced in an amount sufficient to meet the interest on the revenue bonds and other expenses payable before the completion of the works.

[Pre-1996 Recodification Citation: 13-3-2-23(a).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-22-14-2 — Indiana Code / Title 13 / Article 22 / Chapter 14 / Section 13-22-14-2
Emergency procedures
Status: in_force

Sec. 2. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 are subject to the emergency procedures under IC 13-14-10 and IC 13-24-2.

[Pre-1996 Recodification Citation: 13-7-8.5-8(b).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-11-2-186 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-186
"Remediation"
Status: in_force

Sec. 186. "Remediation", for purposes of IC 13-25-5, means any of the following:

(1) Actions necessary to:

(A) prevent;

(B) minimize; or

(C) mitigate;

damages to the public health or welfare or to the environment that may otherwise result from a release or threat of a release.

(2) Actions consistent with a permanent remedy taken instead of or in addition to removal actions if a release or threatened release of a hazardous substance or petroleum into the environment occurs to eliminate the release of hazardous substances or petroleum so that the hazardous substances or petroleum do not migrate to cause substantial danger to present or future public health or welfare or the environment.

(3) The cleanup or removal of released hazardous substances or petroleum from the environment.

[Pre-1996 Recodification Citation: 13-7-8.9-5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.12; P.L.189-2018, SEC.117.
Ind. Code § 13-23-8-3 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-3
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.8; P.L.75-2007, SEC.2; P.L.221-2007, SEC.14; P.L.159-2011, SEC.37. Repealed by P.L.96-2016, SEC.24.
Ind. Code § 13-17-8-10 — Indiana Code / Title 13 / Article 17 / Chapter 8 / Section 13-17-8-10
Failure to obtain permit
Status: in_force

Sec. 10. (a) This section applies to the issuance or denial of an operating permit under the operating permit program established under 42 U.S.C. 7661 through 7661f.

(b) If:

(1) an applicant has submitted a timely and complete application for a permit required under the operating permit program; and

(2) final action has not been taken on the application;

the applicant's failure to have a permit is not a violation of this article until after final agency action is taken on the permit application.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-22-9-7 — Indiana Code / Title 13 / Article 22 / Chapter 9 / Section 13-22-9-7
Rules; criteria
Status: in_force

Sec. 7. The board shall adopt rules under IC 4-22-2 and IC 13-14-8 to do the following:

(1) Implement this chapter.

(2) Establish criteria to determine the following:

(A) When the closure and postclosure monitoring and maintenance requirements have been met by a person that provides financial responsibility under section 1 of this chapter.

(B) How money in a trust fund agreement, surety bond, letter of credit, or insurance policy provided by a person under section 3 of this chapter may be released to the person when the person meets closure and postclosure requirements.

[Pre-1996 Recodification Citation: 13-7-32-8.]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-14-5-4 — Indiana Code / Title 13 / Article 14 / Chapter 5 / Section 13-14-5-4
Permitted omissions from oral reports and written summaries
Status: in_force

Sec. 4. A designated agent of the department is not required to include in an oral report or in a written summary:

(1) a matter that is not evident to the designated agent at the time of the designated agent's inspection; or

(2) any fact that indicates or evidences an intentional, a knowing, or a reckless violation of:

(A) this title;

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

(C) any determination, permit, or order made or issued by the commissioner under this title or any other law.

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

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-27-7-2 — Indiana Code / Title 13 / Article 27 / Chapter 7 / Section 13-27-7-2
Binding effect of program implementing documents, manuals, and policies; prohibited activities; duties
Status: in_force

Sec. 2. (a) Guidance documents, technical assistance manuals, and policies developed or used in implementing programs under this article are not binding on participating businesses.

(b) Subject to subsection (e), the board or the department may not do the following:

(1) Subject to IC 13-14-1-11.5, incorporate documents, manuals, or policies developed under this article into rules adopted under IC 4-22-2.

(2) Adopt rules under IC 4-22-2 requiring business implementation of pollution prevention practices or of clean manufacturing by means of any of the following:

(A) Permit conditions.

(B) Enforcement actions.

(C) Other department actions.

(c) Subsection (b) only applies to pollution prevention as defined in this title.

(d) Subsection (b) does not apply to authority granted under federal law to implement pollution prevention as defined under any of the following:

(1) Federally delegated air, water, solid waste, and other programs.

(2) Guidance documents developed to implement programs described in subdivision (1).

(3) Programs established under IC 13-20-3, IC 13-20-22, or IC 13-21.

(e) The department shall present pollution prevention as an option to businesses in any of the following:

(1) Permit conditions.

(2) Enforcement actions.

(3) Other department actions.

[Pre-1996 Recodification Citation: 13-9-7-2.]

As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.21; P.L.261-1999, SEC.3; P.L.37-2012, SEC.58; P.L.113-2014, SEC.84.
Ind. Code § 13-18-8-7 — Indiana Code / Title 13 / Article 18 / Chapter 8 / Section 13-18-8-7
Failure to comply with final order
Status: in_force

Sec. 7. Failure of:

(1) a municipal corporation; or

(2) the board of directors or other governing body of a private corporation, association, or other legal entity;

to provide for the financing and construction of the works that are necessary to carry out a final order issued under the water pollution control laws or IC 13-1-3 (before its repeal) by appropriate ordinance or resolution constitutes failure to begin appropriate action or proceedings to comply with the order.

[Pre-1996 Recodification Citation: 13-1-3-14(a).]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-20-12-2 — Indiana Code / Title 13 / Article 20 / Chapter 12 / Section 13-20-12-2
Location of landfills near residential subdivisions
Status: in_force

Sec. 2. A person may not establish a sanitary landfill for the disposal of garbage, rubbish, or refuse on land in Indiana within one-half (1/2) mile of an area:

(1) that has been subdivided for residential purposes; and

(2) for which the plat is on file in the office of the county recorder at the time the landfill is established.

[Pre-1996 Recodification Citation: 13-7-19-2.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-17.7-5 — Indiana Code / Title 13 / Article 20 / Chapter 17.7 / Section 13-20-17.7-5
Requirement for removal from vehicles of mercury switches, ABS sensors, and other mercury components; exceptions; acceptance of vehicles by recyclers; records; representation of removal
Status: in_force

Sec. 5. (a) Beginning thirty (30) days after the earliest date the commissioner approves a plan under section 4 of this chapter, except as provided in subsection (f), a motor vehicle recycler is required to remove all mercury switches from each end of life vehicle the motor vehicle recycler receives upon receipt of the vehicle.

(b) A mercury switch that is removed from a vehicle shall be collected, stored, transported, and recycled or properly disposed of in accordance with the plan approved under section 4 of this chapter. Either of the following that is removed from a vehicle shall be collected, stored, transported, and recycled or properly disposed of in the same manner as a mercury switch:

(1) An ABS sensor.

(2) Any other component containing more than ten (10) milligrams of mercury.

(c) Notwithstanding subsection (a), a motor vehicle recycler may accept an end of life vehicle containing mercury switches that has not been intentionally flattened, crushed, or baled if the motor vehicle recycler assumes responsibility for removing the mercury switches.

(d) A motor vehicle recycler or any other person that removes mercury switches, ABS sensors, or any other components containing more than ten (10) milligrams of mercury in accordance with this section shall maintain records that document the number of:

(1) end of life vehicles the person processed for recycling;

(2) end of life vehicles the person processed that contained mercury switches, ABS sensors, or any other components containing more than ten (10) milligrams of mercury; and

(3) mercury switches, ABS sensors, and any other components containing more than ten (10) milligrams of mercury the person collected.

A person that maintains records under this section shall retain the records for at least three (3) years.

(e) A person may not represent that mercury switches, ABS sensors, or any other components containing more than ten (10) milligrams of mercury have been removed from a motor vehicle being sold or otherwise conveyed for recycling if the person has not removed the mercury switches, sensors, or other components from the vehicle.

(f) Subsection (a) does not apply to a mercury switch in an end of life vehicle that is:

(1) intentionally flattened, crushed, or baled; or

(2) damaged to the extent that the mercury switch cannot be removed without dismantling the vehicle.

As added by P.L.170-2006, SEC.15. Amended by P.L.114-2008, SEC.20.
Ind. Code § 13-11-2-128.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-128.3
"Mercury-added novelty"
Status: in_force

Sec. 128.3. "Mercury-added novelty", for purposes of IC 13-20-17.5, means a mercury-added product intended mainly for personal or household enjoyment or adornment, including:

(1) items intended for use as practical jokes;

(2) figurines;

(3) adornments;

(4) toys;

(5) games;

(6) cards;

(7) ornaments;

(8) yard statues and figurines;

(9) candles;

(10) jewelry;

(11) holiday decorations; and

(12) footwear and other items of apparel.

As added by P.L.225-2001, SEC.5.
Ind. Code § 13-14-9-1 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-1
Applicability of chapter
Status: in_force

Sec. 1. (a) Except as provided in section 14 of this chapter, this chapter applies to the following:

(1) The board.

(2) The petroleum storage tank financial assurance board established by IC 13-23-11-1.

(b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a board may not adopt a rule except in accordance with this chapter.

[Pre-1996 Recodification Citation: 13-7-7.1-1.]

As added by P.L.1-1996, SEC.4. Amended by P.L.100-2006, SEC.7; P.L.204-2007, SEC.11; P.L.133-2012, SEC.89; P.L.170-2023, SEC.19; P.L.176-2023, SEC.31; P.L.249-2023, SEC.50.
Ind. Code § 13-11-2-247.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-247.5
"Waste management services"
Status: in_force

Sec. 247.5. "Waste management services", for purposes of IC 13-21, means:

(1) the collection, storage, separation, recovery, recycling, marketing, transfer, disposal, transportation, and processing of solid waste or recyclable materials, including the use of facilities incidental to these activities; and

(2) the operation of facilities described in subdivision (1).

As added by P.L.125-1996, SEC.4. Amended by P.L.45-1997, SEC.6.
Ind. Code § 13-12-4-9 — Indiana Code / Title 13 / Article 12 / Chapter 4 / Section 13-12-4-9
Supplementary effect of chapter
Status: in_force

Sec. 9. Policies and goals set forth in this chapter supplement those policies and goals set forth in other authorizations of state agencies.

[Pre-1996 Recodification Citation: 13-1-10-7.]

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-11-2-101 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-101
"Hazardous waste landfill"
Status: in_force

Sec. 101. "Hazardous waste landfill", for purposes of IC 13-22-9, means a hazardous waste disposal facility at which hazardous waste is deposited on or beneath the surface of the ground as an intended place of final location.

[Pre-1996 Recodification Citation: 13-7-32-1.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-1-1 — Indiana Code / Title 13 / Article 22 / Chapter 1 / Section 13-22-1-1
Disposal at production or generation site
Status: in_force

Sec. 1. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14 may not be construed to prohibit disposal of solid waste or hazardous wastes at the site of production or generation if construction and operation permits have been obtained in accordance with IC 13-22-3.

[Pre-1996 Recodification Citation: 13-7-8.5-6.]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-26-10-17 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-17
Payment of bond sale proceeds and revenue of works
Status: in_force

Sec. 17. Unless this article otherwise provides, the board may provide by ordinance or in the trust indenture for the payment of:

(1) the proceeds of the sale of the bonds; and

(2) the revenues of the works;

to the officer, board, or depository that the board determines for the custody of the money and for the method of disbursement, with safeguards and restrictions that the board determines.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-11-2-81.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-81.5
"Fiduciary capacity"
Status: in_force

Sec. 81.5. (a) "Fiduciary capacity", for purposes of IC 13-23-13, means the capacity of a person in holding title to an underground storage tank or aboveground storage tank pursuant to the exercise of the responsibilities of the person as a fiduciary.

(b) "Fiduciary capacity", for purposes of IC 13-24-1, means the capacity of a person in holding title to a petroleum facility pursuant to the exercise of the responsibilities of the person as a fiduciary.

(c) "Fiduciary capacity", for purposes of IC 13-25-4, means the capacity of a person in holding title to a vessel or facility pursuant to the exercise of the responsibilities of the person as a fiduciary.

As added by P.L.90-1998, SEC.3. Amended by P.L.176-2023, SEC.16.
Ind. Code § 13-25-4-10 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-10
Actions to recover costs and damages; punitive damages; deposit of recovery
Status: in_force

Sec. 10. (a) The commissioner may proceed in the appropriate court to recover costs and damages for which a responsible person is liable to the state under any of the following:

(1) Section 107 of CERCLA (42 U.S.C. 9607).

(2) Section 8 of this chapter.

(3) This section.

(b) In addition to the recovery allowed under subsection (a) and the civil penalty provisions of IC 13-30-4-1 and IC 13-30-4-2, a person that:

(1) is liable for a release or threat of release of a hazardous substance; and

(2) fails, without sufficient cause, to properly provide removal or remedial action upon order of a court under section 9 of this chapter;

is liable for punitive damages.

(c) The commissioner may commence a civil action against a person described in subsection (b) to recover punitive damages. In the action, the commissioner may seek and the court may grant an award of punitive damages against a person described in subsection (b) for up to three hundred percent (300%) of the total costs incurred by the department as a result of that person's failure to properly provide removal or remedial action upon the order of a court. However, any recovery in the action is subject to offset by the amount of any civil penalty paid by the person under IC 13-30-4-1 and IC 13-30-4-2 based upon the release, the threatened release, or the person's failure to properly provide removal or remedial action.

(d) Costs, damages, and punitive damages awarded under this section shall be deposited in the fund.

[Pre-1996 Recodification Citation: 13-7-8.7-10.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-18-3-13 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-13
Violation of construction storm water general permit
Status: in_force

Sec. 13. If a violation of the department's construction storm water general permit occurs, the department shall determine which person is responsible for committing the violation.

As added by P.L.161-1999, SEC.1. Amended by P.L.135-2026, SEC.152.
Ind. Code § 13-17-13-3 — Indiana Code / Title 13 / Article 17 / Chapter 13 / Section 13-17-13-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-10-4-2(d).]

As added by P.L.1-1996, SEC.7. Amended by P.L.53-2014, SEC.123. Repealed by P.L.130-2018, SEC.63.
Ind. Code § 13-28-5-4 — Indiana Code / Title 13 / Article 28 / Chapter 5 / Section 13-28-5-4
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-10-4-3(d).]

As added by P.L.1-1996, SEC.18. Repealed by P.L.135-2026, SEC.296.
Ind. Code § 13-11-2-31.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-31.5
"Combined sewer operational plan"
Status: in_force

Sec. 31.5. "Combined sewer operational plan", for purposes of IC 13-18, means a plan that contains the minimum technology controls applicable to, and requirements for operation and maintenance of, a combined sewer system:

(1) before;

(2) during; and

(3) upon the completion of;

the implementation of a long term control plan.

As added by P.L.140-2000, SEC.3.
Ind. Code § 13-11-2-219 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-219
"State"
Status: in_force

Sec. 219. "State", for purposes of IC 13-29-1, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any other territorial possession of the United States.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-14-6-1 — Indiana Code / Title 13 / Article 14 / Chapter 6 / Section 13-14-6-1
Applicability of chapter
Status: in_force

Sec. 1. Except as provided in IC 13-23-1-4, this chapter applies to a department enforcement action, regardless of the application of IC 4-21.5 to the enforcement action.

[Pre-1996 Recodification Citation: 13-7-5.5-1.]

As added by P.L.1-1996, SEC.4. Amended by P.L.38-2012, SEC.1.
Ind. Code § 13-18-16-8 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-8
Rules
Status: in_force

Sec. 8. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 establishing requirements for public water systems, including the following:

(1) The requirement to obtain a permit for the construction, installation, or modification of facilities, equipment, or devices for any public water system.

(2) The requirement to obtain a permit for the operation of sources, facilities, equipment, or devices for any public water system.

(b) The board shall adopt a permit by rule for water main extensions to satisfy the permit requirement in section 1(a) of this chapter.

(c) The board may adopt rules to carry out the intent of this chapter related to requirements necessary to protect the safety of the public water supply.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.11; P.L.184-2002, SEC.18; P.L.112-2015, SEC.13; P.L.72-2017, SEC.11; P.L.233-2017, SEC.22; P.L.135-2026, SEC.170.
Ind. Code § 13-20-17.7-1 — Indiana Code / Title 13 / Article 20 / Chapter 17.7 / Section 13-20-17.7-1
Development of mercury switch plan
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), motor vehicle manufacturers engaged on July 1, 2006, in the business of offering motor vehicles for sale in Indiana shall, individually or collectively:

(1) develop a plan to:

(A) remove;

(B) collect;

(C) recover; and

(D) recycle or dispose of;

mercury switches from end of life vehicles;

(2) submit the plan to the commissioner before October 1, 2006; and

(3) implement the plan as required under section 4(b) of this chapter.

(b) Subsection (a) does not apply to a motor vehicle manufacturer that has never installed mercury switches in the manufacturer's motor vehicles.

As added by P.L.170-2006, SEC.15.
Ind. Code § 13-15-6-6 — Indiana Code / Title 13 / Article 15 / Chapter 6 / Section 13-15-6-6
Applicability of judicial review to revision or modification of permit
Status: in_force

Sec. 6. The board may adopt rules under IC 4-22-2 to provide that the opportunity for judicial review allowed under section 4 or 5 of this chapter applies to the revision or modification of a permit or license under the operating permit program under 42 U.S.C. 7661 through 7661f.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.113-2014, SEC.65.
Ind. Code § 13-26-4-7 — Indiana Code / Title 13 / Article 26 / Chapter 4 / Section 13-26-4-7
Compensation and expenses of trustees
Status: in_force

Sec. 7. (a) The board of a district may provide for the payment of not more than one hundred fifty dollars ($150) per day to members of the board for each day or major part of a day devoted to the work of the district.

(b) Members of the board are entitled to receive an amount for travel expenses equal to the amount paid to state employees for expenses incurred in the performance of their duties.

(c) Payments made to board members under subsections (a) and (b) shall be made from the general fund of the district.

[Pre-1996 Recodification Citation: 13-3-2-5.5.]

As added by P.L.1-1996, SEC.16. Amended by P.L.179-2013, SEC.2; P.L.113-2014, SEC.82; P.L.8-2023, SEC.1.
Ind. Code § 13-11-2-64 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-64
"Emergency"
Status: in_force

Sec. 64. "Emergency", for purposes of IC 13-20-9-4, means the occurrence of widespread or severe damage or loss of property resulting from any natural or manmade cause, including fire, flood, earthquake, wind, storm, drought, or explosion.

[Pre-1996 Recodification Citation: 13-7-29-5(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-22-12 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-12
Deposits in funds
Status: in_force

Sec. 12. The department shall deposit the following on a quarterly basis:

(1) Not less than fifty percent (50%) of the revenue from the fee imposed under section 1(a)(1) of this chapter into the Indiana recycling promotion and assistance fund established by IC 4-23-5.5-14.

(2) Not more than fifty percent (50%) of the revenue from the fee imposed under section 1(a)(1) of this chapter into the state solid waste management fund established by section 2 of this chapter.

(3) The revenue from the fee imposed under section 1(a)(2) of this chapter into the hazardous substance response trust fund established by IC 13-25-4-1.

[Pre-1996 Recodification Citation: 13-9.5-5-4(d).]

As added by P.L.1-1996, SEC.10. Amended by P.L.45-1997, SEC.11; P.L.2-1998, SEC.50; P.L.1-1999, SEC.39; P.L.220-2014, SEC.18; P.L.250-2019, SEC.32.
Ind. Code § 13-26-11-4 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-4
Services of water, sewer, or solid waste disposal
Status: in_force

Sec. 4. The rates and charges for services of a water, sewer, or solid waste disposal or recovery system do not have to be uniform throughout the district or for all users. The board may exercise reasonable discretion in:

(1) adopting different schedules of rates and charges; or

(2) making classifications in schedules of rates and charges:

(A) based upon variations in the costs of furnishing the services, including capital expenditures required, to various classes of users or to various locations in the district; or

(B) where there are variations in the number of users in various locations in the district.

[Pre-1996 Recodification Citation: 13-3-2-22(d).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-18-22-9 — Indiana Code / Title 13 / Article 18 / Chapter 22 / Section 13-18-22-9
Designation of Class III wetland as outstanding state protected wetland; rules; restrictions on wetland owner; rescission of designation
Status: in_force

Sec. 9. (a) The owner of a Class III wetland may petition the board for designation of the wetland as an outstanding state protected wetland. Upon verification by the board that the wetland is a Class III wetland and that the petitioner is the owner of the wetland, the board shall conduct a proceeding under IC 4-22-2 and IC 13-14 to adopt a rule designating the wetland as an outstanding state protected wetland.

(b) A rule adopted by the board under subsection (a) must specifically identify each wetland to be designated as an outstanding state protected wetland, including:

(1) the wetland type;

(2) a legal description of the wetland as delineated; and

(3) other information considered necessary by the board.

(c) The owner of a Class III wetland designated as an outstanding state protected wetland under this section shall:

(1) not cause or allow any anthropogenic activities on the property on which the wetland is located that may adversely affect or degrade the wetland, except for activities with minimal and short term effect, such as construction of an observation pathway or installation of an underground pipeline that are:

(A) authorized by rules adopted by the board; or

(B) approved by the department in the absence of rules under clause (A); and

(2) provide for the long term assurance of the protections described in subdivision (1) through:

(A) a restrictive covenant that is recorded with respect to the property on which the delineated wetland is located; or

(B) a grant of title to or a conservation easement in the property on which the delineated wetland is located to:

(i) the department of natural resources; or

(ii) a nonprofit entity with demonstrated ability in the maintenance and protection of wetlands.

(d) Notwithstanding the designation of a wetland under this section by the board as an outstanding state protected wetland, the owner of a Class III wetland may petition the board for rescission of the designation if the owner can demonstrate important social or economic needs that warrant adverse effects to the wetland. In its review of the petition, the board shall give great weight to a resolution of the legislative body of the municipality or county in which the Class III wetland is located describing important social or economic needs, the accomplishment of which would necessitate adverse effects to the wetland.

As added by P.L.282-2003, SEC.38.
Ind. Code § 13-20-10.5-3.5 — Indiana Code / Title 13 / Article 20 / Chapter 10.5 / Section 13-20-10.5-3.5
Period for determining prior approval
Status: in_force

Sec. 3.5. (a) The department shall make a determination under section 1 of this chapter concerning prior approval for the construction or expansion of an anaerobic digestion facility or gasification facility for which the only inputs are biomass or appropriate feedstock not later than ninety (90) days after the date on which the department receives the completed application for prior approval, including all required supplemental information, unless the department and the applicant agree to a longer time.

(b) Subject to subsection (a), the department may conduct any inquiry or investigation that:

(1) is consistent with the department's duties under this chapter; and

(2) the department considers necessary;

before making a determination under section 1 of this chapter.

(c) If the department fails to make a determination within the time frame provided in subsection (a), the applicant may request and receive a refund of the fee paid by the applicant when the application for prior approval was submitted. The department shall continue to review the application and approve or deny the application as soon as practicable.

As added by P.L.27-2024, SEC.7. Amended by P.L.135-2026, SEC.195.
Ind. Code § 13-18-20-5 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-5
Municipal permits
Status: in_force

Sec. 5. For municipal permits, the annual base fee per facility is:

(1) one thousand five hundred dollars ($1,500) for a major permit; and

(2) four hundred dollars ($400) for a minor permit;

plus the following annual discharge flow fee per facility:

Daily Average Actual

Flow in MGD

Fee

.001 -

.05

$300

.051 -

.1

$600

.101 -

.2

$2,000

.201 -

.3

$4,000

.301 -

.5

$5,000

.501 -

1.0

$6,000

1.001 -

2.0

$7,000

2.001 -

5.0

$8,000

5.001 -

10.0

$10,000

10.001 -

15.0

$13,000

15.001 -

30.0

$15,000

30.001 -

50.0

$20,000

50.001 -

100.0

$22,000

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-11-2-212.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-212.5
"Solvolysis"
Status: in_force

Sec. 212.5. (a) "Solvolysis" means a manufacturing process:

(1) through which post-use polymers are purified with the aid of solvents while:

(A) heated at low temperatures;

(B) pressurized; or

(C) heated at low temperatures and pressurized;

allowing the removal of additives and contaminants; and

(2) resulting in the following products:

(A) Monomers.

(B) Intermediates.

(C) Valuable chemicals.

(D) Plastics.

(E) Chemical feedstocks.

(F) Raw materials.

(b) The process includes:

(1) hydrolysis;

(2) aminolysis;

(3) ammonoloysis;

(4) methanolysis; and

(5) glycolysis.

As added by P.L.54-2023, SEC.16.
Ind. Code § 13-20-16-4 — Indiana Code / Title 13 / Article 20 / Chapter 16 / Section 13-20-16-4
Means of disposal of used batteries by retailers; violations
Status: in_force

Sec. 4. (a) A retailer shall dispose of the used lead acid batteries in the retailer's possession by one (1) or more of the following means:

(1) Delivery to a wholesaler or to an agent of a wholesaler.

(2) Delivery to a manufacturer of lead acid batteries.

(3) Delivery to a facility that:

(A) recycles lead acid batteries; or

(B) collects lead acid batteries for delivery to a recycling facility.

(4) Delivery to a facility operated as a secondary lead smelter under a valid permit issued by the department or the United States Environmental Protection Agency.

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

[Pre-1996 Recodification Citation: 13-1-15-9.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-267 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-267
"Wholesaler"
Status: in_force

Sec. 267. (a) "Wholesaler", for purposes of IC 13-20-14, means a person engaged in the business of selling new tires at wholesale in Indiana.

(b) "Wholesaler", for purposes of IC 13-20-16, means a person engaged in the business of selling lead acid batteries at wholesale in Indiana.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-23.2-9; subsection (b) formerly 13-1-15-5.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-30-3-2 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-2
Procedures
Status: in_force

Sec. 2. If an investigation discloses a possible violation, the commissioner shall proceed under:

(1) section 3 of this chapter; or

(2) first section 3 of this chapter and then section 4 of this chapter.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-14-6-3 — Indiana Code / Title 13 / Article 14 / Chapter 6 / Section 13-14-6-3
Void actions
Status: in_force

Sec. 3. A department enforcement action commenced after the time set forth in section 2 of this chapter is void.

[Pre-1996 Recodification Citation: 13-7-5.5-4.]

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-20.5-7-6 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-6
Department collection of data and use to determine fee
Status: in_force

Sec. 6. (a) The department shall collect the data submitted to it annually by each registered manufacturer on:

(1) the total weight in pounds of each specific model of video display device sold to households, if provided;

(2) the total weight in pounds of video display devices sold to households;

(3) the total weight in pounds of covered electronic devices collected from covered entities that are recycled; and

(4) data on recycling credits, as required under IC 13-20.5-3-1.

(b) The department shall use the data described in subsection (a) to determine the manufacturer's variable recycling fee under the formula in IC 13-20.5-2-1.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-0.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. (a) The amendments made to IC 13-7-8.7-8(a) and IC 13-7-8.7-8(b) (before their repeal, now codified at sections 48 and 81, respectively, of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991.

(b) The amendments made to IC 13-7-20-24 (before its repeal, now partly codified at sections 48 and 81 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991.

As added by P.L.220-2011, SEC.277.
Ind. Code § 13-11-2-63 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-63
"Eligible state"
Status: in_force

Sec. 63. "Eligible state", for purposes of IC 13-29-1, means a state qualified to be a party state to the Midwest Interstate Compact on Low-Level Radioactive Waste as provided in Article VIII of the compact.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-12-14 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-14
Repealed
Status: repealed

As added by P.L.130-1996, SEC.8. Repealed by P.L.2-1997, SEC.89.
Ind. Code § 13-18-23-1 — Indiana Code / Title 13 / Article 18 / Chapter 23 / Section 13-18-23-1
Deadline for department action; requirements; waiver
Status: in_force

Sec. 1. (a) The department shall do the following:

(1) Make a final determination on an application for a certification under Section 401 of the Clean Water Act not later than ninety (90) days after its receipt of a complete application if the applicant meets the condition set forth in subsection (b).

(2) Include in its notice of the final determination to the applicant a statement of reasons for the final determination.

(b) At least thirty (30) days before submitting an application under this section, an applicant must contact the department to request a pre-coordination meeting.

(c) A failure by the department to make a final determination not later than ninety (90) days after receiving a complete application, if required under subsection (a)(1), constitutes a waiver of the certification.

As added by P.L.282-2003, SEC.39. Amended by P.L.160-2021, SEC.14.
Ind. Code § 13-11-2-244.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-244.3
"UST"
Status: in_force

Sec. 244.3. "UST", as used in this chapter and IC 13-23, refers to an underground storage tank, as defined in section 241 of this chapter.

As added by P.L.96-2016, SEC.10.
Ind. Code § 13-23-13-9 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-9
Equities for recovery of costs
Status: in_force

Sec. 9. In determining the equities for seeking the recovery of costs under section 8 of this chapter, the commissioner may consider the following:

(1) The amount of financial responsibility required to be maintained under IC 13-23-1-2(b)(6).

(2) The factors considered in establishing that amount for underground storage tanks containing petroleum under IC 13-23-4-4.

[Pre-1996 Recodification Citation: 13-7-20-22.]

As added by P.L.1-1996, SEC.13. Amended by P.L.135-2026, SEC.253.
Ind. Code § 13-23-3-3 — Indiana Code / Title 13 / Article 23 / Chapter 3 / Section 13-23-3-3
Certification required for installation, testing, retrofitting, removing, or closing storage tanks; denial or revocation
Status: in_force

Sec. 3. (a) A person described under section 1 of this chapter may not:

(1) install or retrofit;

(2) test;

(3) provide cathodic protection for; or

(4) decommission;

an underground storage tank or aboveground storage tank unless the person has been certified by the department.

(b) The department may temporarily deny or revoke the certification of a person made under subsection (a) if the person has negligently violated a standard established by the board concerning the:

(1) installation or retrofitting;

(2) testing;

(3) cathodic protection; or

(4) decommissioning;

of an underground storage tank or aboveground storage tank.

(c) If a person:

(1) has been denied certification; or

(2) had the person's certification revoked under subsection (b) or IC 13-7-20-13.3(b) (before its repeal);

the department may certify the person only if the person files a performance bond with the department in an amount established by the board.

(d) If a person who is certified or attempts to become certified under subsection (c) intentionally or negligently violates a standard established by the board concerning the installation or retrofitting of, testing of, provision of cathodic protection for, or decommissioning of an underground storage tank or aboveground storage tank, the department may:

(1) permanently deny the certification of the person; or

(2) permanently revoke the certification of the person.

[Pre-1996 Recodification Citation: 13-7-20-13.3.]

As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.5; P.L.176-2023, SEC.34.
Ind. Code § 13-14-1-15 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-15
Repealed
Status: repealed

As added by P.L.192-2005, SEC.6. Amended by P.L.180-2014, SEC.4. Repealed by P.L.111-2018, SEC.6.
Ind. Code § 13-20.5-6-1 — Indiana Code / Title 13 / Article 20.5 / Chapter 6 / Section 13-20.5-6-1
Information to be provided by retailers to households
Status: in_force

Sec. 1. A retailer that sells new video display devices shall provide information to households that:

(1) describes where and how households may recycle video display devices; and

(2) advises households of opportunities and locations for the convenient collection of video display devices for recycling.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-20.5-10-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 10 / Section 13-20.5-10-2
No penalties or sanctions for violations; no cause of action
Status: in_force

Sec. 2. (a) A covered entity that violates this chapter is not subject to:

(1) a criminal or civil action or penalty; or

(2) any other sanction;

under this title or any other state law.

(b) A violation of this chapter does not create a cause of action.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-19-3-7 — Indiana Code / Title 13 / Article 19 / Chapter 3 / Section 13-19-3-7
Use of foundry sand
Status: in_force

Sec. 7. A permit is not required to use foundry sand that meets Type III criteria under 329 IAC 10-9 for the following activities:

(1) As a daily cover for litter and vermin control at a landfill in accordance with any applicable permits issued for the landfill.

(2) As a protective cover for a landfill leachate system in accordance with any applicable permits issued for the landfill.

(3) For use as capped embankments for ground and sight barriers under ten thousand (10,000) cubic yards or embankments for airports, bridges, or overpasses.

(4) For use:

(A) in a land application operation; or

(B) as a soil amendment;

if the application or amendment does not include the operation of a landfill.

(5) As a structural fill base capped by clay, asphalt, or concrete for the following:

(A) Roads.

(B) Road shoulders.

(C) Parking lots.

(D) Floor slabs.

(E) Utility trenches.

(F) Bridge abutments.

(G) Tanks and vaults.

(H) Construction or architectural fill.

(I) Other similar uses.

(6) As a raw material constituent incorporated into another product, including the following:

(A) Flowable fill.

(B) Concrete.

(C) Asphalt.

(D) Brick.

(E) Block.

(F) Portland cement.

(G) Glass.

(H) Roofing materials.

(I) Rock wool.

(J) Plastics.

(K) Fiberglass.

(L) Mineral wool.

(M) Lightweight aggregate.

(N) Paint.

(O) Plaster.

(P) Other similar products.

As added by P.L.129-1997, SEC.2. Amended by P.L.30-1999, SEC.3; P.L.14-2000, SEC.37; P.L.133-2012, SEC.133; P.L.135-2026, SEC.184.
Ind. Code § 13-17-6-6 — Indiana Code / Title 13 / Article 17 / Chapter 6 / Section 13-17-6-6
Records of asbestos removal projects; contents; maintenance; inspection
Status: in_force

Sec. 6. (a) An asbestos contractor licensed under this chapter shall compile records concerning each asbestos project the asbestos contractor performs. The records must include the following information on each asbestos project:

(1) The name, address, and proof of accreditation of the following:

(A) The person who supervised the asbestos project for the asbestos contractor.

(B) Each employee or agent of the asbestos contractor that worked on the project.

(2) The site of the asbestos project.

(3) A description of the asbestos project.

(4) The amount of asbestos containing material that was removed in the project.

(5) The date on which the asbestos project was started and the date on which the asbestos project was completed.

(6) A summary of procedures that were used in the asbestos project to comply with all applicable federal and state standards on asbestos projects.

(7) The name and address of each disposal site used for the disposal of asbestos containing material that was disposed of on the asbestos project.

(b) A copy of each receipt issued by a disposal site identified under subsection (a)(7) must be included in the records concerning the project compiled under this section.

(c) An asbestos contractor shall retain the records compiled under subsection (a) concerning a particular asbestos project for at least thirty (30) years after the asbestos project is concluded.

(d) An asbestos contractor shall make records kept under this section available to the department upon request.

[Pre-1996 Recodification Citation: 13-1-1-18.]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-14-8-0.3 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-0.3
Application of rule that does not comply with IC 13-20-7-1
Status: in_force

Sec. 0.3. A rule that:

(1) was adopted by the solid waste management board (established by IC 13-19-2, before its repeal) before May 13, 1999; and

(2) does not comply with IC 13-20-7-1 (as amended by P.L.224-1999 and before its repeal);

applies only to special waste that is disposed of at a solid waste landfill that does not meet Subtitle D design standards of the federal Resource Conservation and Recovery Act as provided in 40 CFR Part 258.

As added by P.L.220-2011, SEC.279. Amended by P.L.113-2014, SEC.62.
Ind. Code § 13-26-6-3 — Indiana Code / Title 13 / Article 26 / Chapter 6 / Section 13-26-6-3
Denial; revisions
Status: in_force

Sec. 3. If the department disapproves a district plan, the department may recommend revisions and authorize the district to proceed with a revised plan.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-18-22-4 — Indiana Code / Title 13 / Article 18 / Chapter 22 / Section 13-18-22-4
General permits for wetland activities; adoption of rules
Status: in_force

Sec. 4. (a) The following shall be authorized by a general permit:

(1) The maintenance of a field tile within a Class II wetland. However, the maintenance described in this subdivision may be authorized only if the field tile:

(A) is necessary to restore drainage of land adjacent to the wetland; and

(B) does not have the effect of draining the wetland.

(2) Dredge and fill activities with minimal impact that are at or below impact thresholds, including the activities analogous to those allowed under the nationwide permit program (as published in 67 Fed. Reg. 2077-2089 (2002)).

(b) The maintenance of a field tile in a Class I wetland does not require a permit.

(c) The board may adopt rules under IC 4-22-2 and IC 13-14 to establish and implement the general permits described in subsection (a).

(d) The department may not authorize a wetlands activity described in subsection (a) unless the applicant:

(1) identifies the water to be affected by the activity; and

(2) provides a compensatory mitigation plan as set forth in section 6 of this chapter.

As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.7; P.L.160-2021, SEC.9; P.L.1-2024, SEC.7.
Ind. Code § 13-11-2-118.4 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-118.4
"Legitimate use"
Status: in_force

Sec. 118.4. (a) "Legitimate use", for purposes of this article, IC 13-19, and IC 13-20, means the use or reuse of a material, otherwise defined as a solid or hazardous waste, under all of the following circumstances:

(1) The material is used or reused:

(A) in a manufacturing process; or

(B) as a substitute for natural or commercial materials.

(2) The material:

(A) is commercially valuable for an established or emerging market; and

(B) is used or reused in a manner that does not pose an unreasonable threat to human health or the environment.

(b) Subsection (a) does not affect or limit uses of materials as allowed under IC 13-19-3, rules adopted by the board, or other state or federal law or regulations.

As added by P.L.97-2016, SEC.1.
Ind. Code § 13-17-8-7 — Indiana Code / Title 13 / Article 17 / Chapter 8 / Section 13-17-8-7
Fees; increases and decreases in amount
Status: in_force

Sec. 7. (a) Except as provided in section 8 of this chapter, this section applies to an increase or a decrease in the fees described in this chapter:

(1) based on the Consumer Price Index (CPI), consistent with 42 U.S.C. 7661a; or

(2) necessary to provide adequate revenue to fund all activities described under section 3 of this chapter.

(b) The increase or decrease shall be made equally and proportionately to all:

(1) minimum fees;

(2) base fees;

(3) maximum fees;

(4) cost of service fees; and

(5) emission based fees;

established as described in this chapter or as revised by the board.

[Pre-1996 Recodification Citation: 13-1-1-26(g).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-14-8-4 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-4
Considerations in adoption
Status: in_force

Sec. 4. In adopting rules and establishing standards, the board may consider the following:

(1) All existing physical conditions and the character of the area affected.

(2) Past, present, and probable future uses of the area, including the character of the uses of surrounding areas.

(3) Zoning classifications.

(4) The nature of the existing air quality or existing water quality, as appropriate.

(5) Technical feasibility, including the quality conditions that could reasonably be achieved through coordinated control of all factors affecting the quality.

(6) Economic reasonableness of measuring or reducing any particular type of pollution.

(7) The right of all persons to an environment sufficiently uncontaminated as not to be injurious to:

(A) human, plant, animal, or aquatic life; or

(B) the reasonable enjoyment of life and property.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.135-2026, SEC.94.
Ind. Code § 13-26-8-3 — Indiana Code / Title 13 / Article 26 / Chapter 8 / Section 13-26-8-3
Denial of application; petition; procedure
Status: in_force

Sec. 3. (a) If an application fails to receive the approval of a majority of the board not later than sixty (60) days after the filing of the application with the district, the entity filing the application may file a petition with the department as described in IC 13-26-2 requesting the order of the department to include the territory described in the application within the district.

(b) Upon the filing of a petition, the department shall proceed in the same manner that is set forth in IC 13-26-2, IC 13-26-4, IC 13-26-6, and IC 13-26-7.

[Pre-1996 Recodification Citation: 13-3-2-8(c).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-22-9-4 — Indiana Code / Title 13 / Article 22 / Chapter 9 / Section 13-22-9-4
Amount necessary for landfill
Status: in_force

Sec. 4. The amount of financial responsibility a person must establish under section 1 of this chapter for a hazardous waste landfill or a solid waste landfill must:

(1) be the greater of:

(A) fifteen thousand dollars ($15,000) for each acre or part of an acre covered by the hazardous waste landfill or solid waste landfill; or

(B) an amount determined by the commissioner that is sufficient to close the hazardous waste landfill or solid waste landfill in a manner that:

(i) minimizes the need for further maintenance; and

(ii) provides reasonable, foreseeable, and necessary maintenance during postclosure; and

(2) provide assurance of proper postclosure maintenance and monitoring for at least thirty (30) years after the hazardous waste landfill or solid waste landfill has ceased operations.

[Pre-1996 Recodification Citation: 13-7-32-6(a).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-18-3-4 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-4
Orders; review by administrative law judge
Status: in_force

Sec. 4. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6.

(b) An administrative law judge under IC 4-15-10.5 shall review orders and determinations of the commissioner.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.128-2024, SEC.23.
Ind. Code § 13-11-2-179.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-179.8
"Recycled plastic"
Status: in_force

Sec. 179.8. "Recycled plastic" means products that are produced from:

(1) mechanical recycling of preconsumer recovered feedstocks or plastics, and postconsumer plastics; or

(2) advanced recycling of preconsumer recovered feedstocks or plastics, and postconsumer plastics via mass balance attribution under a third party certification system.

As added by P.L.54-2023, SEC.10.
Ind. Code § 13-19-7-4 — Indiana Code / Title 13 / Article 19 / Chapter 7 / Section 13-19-7-4
Department cooperation and assistance in contaminated soil work
Status: in_force

Sec. 4. (a) The department is encouraged to cooperate with and provide assistance to the EPA in the sampling, excavation, and removal of contaminated soil and restoration work to be performed in the East Chicago area of special concern.

(b) The department shall seek reimbursement from the EPA for the reasonable costs incurred by the department under subsection (a).

As added by P.L.88-2017, SEC.4.
Ind. Code § 13-15-4-2 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-2
Public hearing; period for ruling on applications
Status: in_force

Sec. 2. (a) This section does not apply to permit applications described in section 1(a)(1) or 1(a)(2) of this chapter.

(b) Unless otherwise specified in applicable rules or laws, if the department determines that a public hearing should be held under:

(1) IC 13-15-3-3; or

(2) any other applicable rule or law;

the commissioner has thirty (30) days in addition to the number of days provided for in section 1 of this chapter in which to approve or deny the application.

[Pre-1996 Recodification Citation: 13-7-10.1-4(b).]

As added by P.L.1-1996, SEC.5. Amended by P.L.1-2007, SEC.127; P.L.135-2026, SEC.115.
Ind. Code § 13-19-3-1.3 — Indiana Code / Title 13 / Article 19 / Chapter 3 / Section 13-19-3-1.3
Rules on legitimate use of solid or hazardous waste
Status: in_force

Sec. 1.3. (a) Except as otherwise provided in this chapter, the board may adopt rules establishing standards and procedures for the legitimate use, instead of disposal, of material otherwise defined as a solid or hazardous waste, including standards and procedures concerning the following:

(1) Proper storage and handling.

(2) Record keeping.

(3) Circumstances under which the use of a material is not considered to be a legitimate use.

(b) The rules adopted under this section shall provide that a material being legitimately used is not considered a solid or hazardous waste.

As added by P.L.97-2016, SEC.4.
Ind. Code § 13-23-4-2 — Indiana Code / Title 13 / Article 23 / Chapter 4 / Section 13-23-4-2
Required policy provisions or contract terms
Status: in_force

Sec. 2. The rules adopted under IC 13-23-1-2(b)(6) may require the use of certain policy provisions or contract terms, including provisions or terms concerning the following:

(1) The minimum amount of coverage required for various classes and categories of underground storage tanks established under section 4 of this chapter.

(2) Conditions or defenses that are necessary or unacceptable in establishing evidence of financial responsibility.

[Pre-1996 Recodification Citation: 13-7-20-14(b).]

As added by P.L.1-1996, SEC.13. Amended by P.L.135-2026, SEC.239.
Ind. Code § 13-30-1-6 — Indiana Code / Title 13 / Article 30 / Chapter 1 / Section 13-30-1-6
Consideration of impairment, pollution, or destruction of environment
Status: in_force

Sec. 6. In the administrative, licensing, or other procedure, the agency shall consider the alleged significant impairment, pollution, or destruction of the environment of Indiana. A program, a product, or conduct that:

(1) has; or

(2) is reasonably likely to have;

the effect of impairing, polluting, or destroying the environment may not be authorized, approved, or permitted to continue if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-20-5-4 — Indiana Code / Title 13 / Article 20 / Chapter 5 / Section 13-20-5-4
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-11-2-176.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-176.5
"Public school"
Status: in_force

Sec. 176.5. (a) "Public school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-15.

(b) "Public school", for purposes of section 47.7 of this chapter means:

(1) a public school (as defined in IC 20-18-2-15); and

(2) a charter school (as defined in IC 20-24-1-4).

As added by P.L.225-2001, SEC.11. Amended by P.L.1-2005, SEC.142; P.L.178-2009, SEC.17.
Ind. Code § 13-21-8-3 — Indiana Code / Title 13 / Article 21 / Chapter 8 / Section 13-21-8-3
Revenue bonds; definition; contents
Status: in_force

Sec. 3. (a) The revenue bonds:

(1) are special obligations of the district;

(2) are payable solely from and secured by a lien upon the revenues of all or part of the facilities whether or not the facilities are being financed with revenue bonds under this chapter or IC 13-9.5-9-4 (before its repeal), as shall be more fully described in the resolution authorizing the issuance of the revenue bonds; and

(3) including interest, are not:

(A) a debt of the board, the district, or the units that comprise the district; or

(B) a charge, a lien, or an encumbrance, legal or equitable, upon:

(i) the property of the board;

(ii) the property of the district; or

(iii) the revenues of the board or district other than the revenues of the facilities that have been pledged to the payment of the revenue bonds.

(b) Each revenue bond must recite in substance that:

(1) the revenue bond, including interest, is payable solely from the revenues pledged to the bond's payment; and

(2) neither the board or the district is under any obligation to pay the bond, except from those revenues.

[Pre-1996 Recodification Citation: 13-9.5-9-4(c) part, (d).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-26-11-12 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-12
Notice
Status: in_force

Sec. 12. After introduction of the ordinance initially fixing rates or charges but before the ordinance is finally adopted, notice of the hearing setting forth the proposed schedule of the rates or charges must be given electronically or by publication one (1) time each week for two (2) weeks:

(1) with each publication of notice:

(A) in a newspaper of general circulation in each of the counties with territory in the district; or

(B) published through electronic means in a manner that maximizes notice of the hearing; or

(2) with the first publication of notice in a newspaper or electronically described in subdivision (1) and the second publication of notice:

(A) in accordance with IC 5-3-5;

(B) on the official website of the district; and

(C) in an electronic manner that maximizes notice of the hearing to the impacted individuals.

The last publication or electronic notice must be at least seven (7) days before the date fixed in the notice for the hearing. The hearing may be adjourned as necessary.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.152-2021, SEC.16; P.L.27-2024, SEC.11.
Ind. Code § 13-18-4-7 — Indiana Code / Title 13 / Article 18 / Chapter 4 / Section 13-18-4-7
Mixing zones
Status: in_force

Sec. 7. (a) Notwithstanding any rules of the board, the commissioner shall allow for a mixing zone in permits that involve a discharge into Lake Michigan if the applicant can demonstrate to the commissioner that the mixing zone will not cause harm to human health or aquatic life.

(b) For mixing zones allowed under subsection (a), surface water quality standards for bioaccumulative chemicals of concern, as defined in 40 CFR 132.2, shall be applied to the undiluted discharge, rather than at a point outside the mixing zone.

[Pre-1996 Recodification Citation: 13-1-3-20.]

As added by P.L.1-1996, SEC.8. Amended by P.L.135-2026, SEC.158.
Ind. Code § 13-20-13-15 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-15
Education program
Status: in_force

Sec. 15. The department shall operate a waste tire education program to inform the public concerning the following issues:

(1) Proper waste tire management procedures.

(2) Methods to minimize the production of waste tires, including information concerning the advantages of using retreaded tires.

[Pre-1996 Recodification Citation: 13-7-23-19.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-15 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-15
Repealed
Status: repealed

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-2.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.135-2026, SEC.7.
Ind. Code § 13-24-1-5 — Indiana Code / Title 13 / Article 24 / Chapter 1 / Section 13-24-1-5
Agreements to indemnify, hold harmless, or insure; subrogation
Status: in_force

Sec. 5. (a) An indemnification agreement, hold harmless agreement, or similar agreement or conveyance is not effective to transfer the liability imposed under section 4 of this chapter from:

(1) the owner or operator of a petroleum facility; or

(2) a person who may be liable for a release or threatened release under this chapter;

to another person. However, this subsection does not bar an agreement to insure, hold harmless, or indemnify a party to an agreement for any liability under this chapter.

(b) This section does not bar a cause of action that:

(1) an owner or operator;

(2) a responsible party; or

(3) another person subject to liability under this chapter;

has or would have, by reason of subrogation or otherwise, against any person.

[Pre-1996 Recodification Citation: 13-7-20.1-10.]

As added by P.L.1-1996, SEC.14.
Ind. Code § 13-14-10-3 — Indiana Code / Title 13 / Article 14 / Chapter 10 / Section 13-14-10-3
Emergency assistance
Status: in_force

Sec. 3. (a) The commissioner may order and provide assistance to abate or remedy an emergency, on private or public property, caused by the discharge or impending discharge of any contaminant into or on the air, land, or waters of Indiana that poses an imminent and substantial danger to public health or the environment whenever:

(1) the assistance must be immediate to be efficacious; and

(2) any person responsible for abatement or remedying the emergency:

(A) cannot be determined or located; or

(B) has refused or failed to take prompt and effective action to abate or remedy the emergency.

(b) For the purpose of this section, the commissioner may request the direct purchase of supplies, materials, services, and equipment for immediate use under IC 5-22-10-4.

(c) In addition to any civil or criminal penalties under the environmental management laws the department may recover the cost of assistance provided under this section from any person responsible for the emergency by commencing a civil action in any court of competent jurisdiction. Officials who collect money under this subsection shall remit the money to the treasurer of state. The money shall be deposited in the environmental management special fund created by IC 13-14-12.

(d) The department may accept on behalf of the state any reimbursement for assistance provided under this section from the federal government. The reimbursements shall be remitted to the treasurer of state for deposit in the environmental management special fund created by IC 13-14-12.

(e) Notwithstanding any other provisions of this title, the authority granted under this section:

(1) is in addition to; and

(2) may be exercised independently of;

any other authority contained in this chapter.

[Pre-1996 Recodification Citation: 13-7-12-3(b), (c), (d), (e), (f).]

As added by P.L.1-1996, SEC.4. Amended by P.L.49-1997, SEC.47.
Ind. Code § 13-21-3-1 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-1
Solid waste management district not mandatory after June 30, 2017; option to dissolve or withdraw and have no district
Status: in_force

Sec. 1. (a) After June 30, 2017, a county may, by ordinance of the county executive:

(1) join with one (1) or more other counties in establishing a joint solid waste management district that includes the entire area of all the acting counties; or

(2) designate itself as a county solid waste management district.

(b) If a county withdraws from a joint solid waste management district under IC 13-21-4, the county executive of the county may adopt an ordinance to join another or establish another joint solid waste management district with one (1) or more other counties:

(1) not earlier than fifteen (15) days; or

(2) not later than forty-five (45) days;

after the date the ordinance is introduced.

(c) An ordinance adopted under subsection (a)(1) or (b) must include the approval of an agreement governing the operation of the joint district.

(d) After June 30, 2017, a county may do the following:

(1) Dissolve the county solid waste management district of the county through:

(A) the adoption by the county executive of an ordinance in favor of the dissolution of the district;

(B) the adoption by the county fiscal body of an ordinance in favor of the dissolution of the district; and

(C) the action of the county legislative body according to the procedure set forth in IC 36-1-8-17.7, including the adoption of:

(i) a plan concerning the dissolution of the district that is consistent with IC 13-21-15 and includes the content required by IC 36-1-8-17.7(b)(5); and

(ii) an ordinance dissolving the district.

(2) Withdraw from the joint solid waste management district to which the county belongs through the action of the county executive in:

(A) following the procedure set forth in IC 13-21-4;

(B) adopting a plan that is consistent with IC 13-21-15 and includes the content required by IC 36-1-8-17.7(b)(5); and

(C) adopting an ordinance under IC 13-21-15-2(a) exercising the right of the county:

(i) not to be designated as a county solid waste management district; and

(ii) not to be a member of another joint solid waste management district.

(e) If a county, on June 30, 2017, is designated as a county solid waste management district or belongs to a joint solid waste management district, the expiration of the former subsection (a) on July 1, 2017, and the taking effect of subsection (a) on July 1, 2017, do not affect the county solid waste management district or the county's membership in the joint solid waste management district. A solid waste management district established under the former subsection (a) before its expiration on July 1, 2017, (or under IC 13-9.5-2-1, before its repeal) continues in existence after June 30, 2017, unless the county takes action under subsection (d) concerning the solid waste management district. The expiration of the former subsection (a) on July 1, 2017, does not affect:

(1) any rights or liabilities accrued;

(2) any administrative or legal proceedings begun;

(3) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(4) any tax levies made or authorized;

(5) any fees collected;

(6) any funds established;

(7) any patents issued;

(8) the validity, continuation, or termination of any contracts or leases executed; or

(9) the validity of court decisions entered;

before July 1, 2017.

(f) A person who is:

(1) a member of:

(A) the county executive;

(B) the county legislative body; or

(C) the county fiscal body; and

(2) an employee of a district;

may not cast a vote on an ordinance under this section or in any other action concerning the dissolution of the district that employs the person.

(g) The following apply to an individual described in subsection (f) after the solid waste management district is dissolved:

(1) Notwithstanding IC 3-5-9, the person may continue to hold the elected office to which the person was elected before the dissolution of the district until the expiration of the term to which the person was elected.

(2) Notwithstanding IC 3-5-9-5, the person is not:

(A) considered to have resigned; or

(B) required to resign;

as an employee of the county, after the dissolution of the district.

(3) The person may not cast a vote on any matter concerning solid waste management as a member of:

(A) the county executive;

(B) the county legislative body; or

(C) the county fiscal body.

[Pre-1996 Recodification Citation: 13-9.5-2-1.]

As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.2; P.L.189-2016, SEC.1; P.L.181-2018, SEC.10; P.L.10-2019, SEC.64.
Ind. Code § 13-20.5-9-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 9 / Section 13-20.5-9-2
State contractor compliance with program
Status: in_force

Sec. 2. State agency solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to the prospective responder's records and documents to demonstrate compliance with this article.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-14-9-8 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-8
Rule based on nullified federal law or regulation
Status: in_force

Sec. 8. If the commissioner determines that a federal law, regulation, or rule:

(1) is the basis of a rule that is adopted by the board; and

(2) is stayed by an administrative or a judicial order pending an administrative or a judicial action regarding the validity of the federal law, rule, or regulation;

the commissioner may suspend the enforcement of that part of the adopted rule that corresponds to the stayed federal law, rule, or regulation while the stay is in force.

[Pre-1996 Recodification Citation: 13-7-7.1-8.]

As added by P.L.1-1996, SEC.4. Amended by P.L.204-2007, SEC.12; P.L.79-2011, SEC.1; P.L.159-2011, SEC.15; P.L.6-2012, SEC.103; P.L.249-2023, SEC.59.
Ind. Code § 13-11-2-107 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-107
"Includes"
Status: in_force

Sec. 107. "Includes" means includes but is not limited to.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-10-9 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-9
Combination of vegetative matter with solid waste prohibited
Status: in_force

Sec. 9. Except as provided in IC 13-20-9-1, a person may not knowingly combine vegetative matter resulting from landscaping maintenance and land clearing projects that is intended for:

(1) collection; and

(2) disposal at a solid waste landfill;

with another type of solid waste.

[Pre-1996 Recodification Citation: 13-7-35-9.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-22-3 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-3
Appropriation of money; approval of expenditures
Status: in_force

Sec. 3. (a) There is annually appropriated to the fund, for the purposes set forth in section 2(a) of this chapter, the amount of money deposited in the fund from the sources set forth in section 2(c) of this chapter.

(b) The governor and the budget agency must approve expenditures from the fund under section 2(a) of this chapter.

[Pre-1996 Recodification Citation: 13-9.5-5-3.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-202.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-202.8
"Single stream recyclable materials"
Status: in_force

Sec. 202.8. "Single stream recyclable materials", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-8.

As added by P.L.126-2014, SEC.8.
Ind. Code § 13-11-2-151.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-151.2
"Participate in management" for purposes of IC 13-23-13
Status: in_force

Sec. 151.2. (a) "Participate in management", for purposes of IC 13-23-13, means actually participating in the management or operational affairs of an underground storage tank or aboveground storage tank.

(b) The term does not include the following:

(1) Merely having the capacity to influence, or the unexercised right to control, underground or aboveground storage operations.

(2) Performing an act or failing to perform an act before the time at which a security interest is created in an underground storage tank or aboveground storage tank.

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

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

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

(6) Monitoring or undertaking at least one (1) inspection of an underground storage tank or aboveground storage tank.

(7) Requiring a response action or other lawful means of addressing the release or threatened release of a hazardous substance in connection with the underground storage tank or aboveground storage tank prior to, during, or on the expiration of the term of the extension of credit.

(8) Providing financial advice or other advice or counseling in an effort to mitigate, prevent, or cure default or decrease in the value of an underground storage tank or aboveground storage tank.

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

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

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

(A) for the overall management of the underground storage tank or aboveground storage tank, encompassing day to day decision making with respect to environmental compliance; or

(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the underground storage tank or aboveground storage tank other than the function of environmental compliance.

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

(1) in which the lessor does not initially select the leased underground storage tank or aboveground storage tank and does not during the lease term control the daily operations or maintenance of the underground storage tank or aboveground storage tank; or

(2) that conforms with regulations issued by:

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

(B) the National Credit Union Administration Board.

As added by P.L.90-1998, SEC.9. Amended by P.L.176-2023, SEC.23.
Ind. Code § 13-25-4-1 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-1
Establishment; purpose
Status: in_force

Sec. 1. (a) The hazardous substances response trust fund is established. The purpose of the fund is to accumulate and maintain a source of money for the following purposes:

(1) Financing contracts or cooperative agreements between the state and the President of the United States under Section 104 of CERCLA (42 U.S.C. 9604).

(2) Providing state assistance in the form of supplies, materials, services, and equipment to:

(A) prevent the release of a hazardous substance or contaminant; or

(B) control, contain, isolate, neutralize, remove, store, or dispose of any hazardous substance or contaminant already released into or on the air, land, or waters of Indiana.

(3) Financing response actions that are:

(A) undertaken or authorized by the commissioner with respect to sites in Indiana; and

(B) considered by the commissioner to be necessary to protect the public health or welfare or the environment from the release or threatened release of a hazardous substance or contaminant.

(4) Paying expenses related to releases of regulated substances other than petroleum from underground storage tanks under IC 13-23-13-7.

(5) Paying administrative and personnel expenses incurred by the state in responding to releases or threats of releases of hazardous substances or contaminants.

(6) Paying claims for the reimbursement of necessary response costs incurred by persons that have received preauthorization from the commissioner for reimbursement.

(7) Providing grants for household hazardous waste and conditionally exempt small quantity generator waste collection, recycling, or disposal projects under IC 13-20-20.

(8) Paying administrative and personnel expenses incurred by the department in implementing and administering household hazardous waste and conditionally exempt small quantity generator waste collection, recycling, or disposal projects under IC 13-20-20.

(9) Transferring funds to the Indiana brownfields fund established by IC 5-1.2-12-3.

(10) Paying administrative and personnel expenses incurred by the state in evaluating proposed modifications of restrictive covenants under IC 13-14-2-9.

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

[Pre-1996 Recodification Citation: 13-7-8.7-2.]

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.14; P.L.237-1999, SEC.10; P.L.220-2014, SEC.32; P.L.189-2018, SEC.127.
Ind. Code § 13-25-5-3 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-3
Environmental assessment; contents
Status: in_force

Sec. 3. An environmental assessment described under section 2(c)(2)(B) of this chapter must include the following:

(1) A legal description of the site.

(2) The physical characteristics of the site.

(3) The operational history of the site to the extent the history is known by the applicant.

(4) Information that the applicant is aware of concerning:

(A) the nature and extent of any relevant contamination; and

(B) relevant releases;

at the site and immediately contiguous to the site.

(5) Relevant information the applicant is aware of concerning the potential for human exposure to contamination at the site.

[Pre-1996 Recodification Citation: 13-7-8.9-8.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-17-11-1 — Indiana Code / Title 13 / Article 17 / Chapter 11 / Section 13-17-11-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter does not apply to a thermal oxidation unit that would be used by a person that:

(1) generates soil contaminated by petroleum or a petroleum byproduct at a site owned or operated by the person; and

(2) remediates the soil at the same site.

[Pre-1996 Recodification Citation: 13-7-10-6(a).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-20-22-10 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-10
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.7.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.16.
Ind. Code § 13-26-10-12 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-12
Issuance of additional bonds
Status: in_force

Sec. 12. Subject to an ordinance or trust indenture pertaining to outstanding bonds, additional bonds payable from the revenues of the works may be authorized and issued in accordance with this article for the purpose of improving, enlarging, or extending works acquired or constructed under this article or IC 13-3-2 (before its repeal).

[Pre-1996 Recodification Citation: 13-3-2-18.]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-21-9-1 — Indiana Code / Title 13 / Article 21 / Chapter 9 / Section 13-21-9-1
Financing facilities; negotiations
Status: in_force

Sec. 1. A board may periodically enter into negotiations with one (1) or more persons concerning the terms and conditions of financing facilities. Preliminary expenses in connection with negotiations may be paid from any of the following:

(1) Money furnished by the proposed user or developer.

(2) Grant money.

(3) Money of the board.

[Pre-1996 Recodification Citation: 13-9.5-9-5(c).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-22-3-3 — Indiana Code / Title 13 / Article 22 / Chapter 3 / Section 13-22-3-3
Restrictive covenants
Status: in_force

Sec. 3. (a) Before allowing the operation of a landfill for the disposal of hazardous waste, the commissioner and all the owners of the land upon which the landfill is located must execute and record a restrictive covenant upon the land involved. The department shall file the instrument imposing the restrictive covenant for record in the recorder's office in the county in which the landfill is located.

(b) The covenant must state that:

(1) the land has been or may be used as a landfill for disposal of hazardous waste; and

(2) neither the property owners, agents, or employees, nor any of their heirs, successors, lessees, or assignees, may engage in filling, grading, excavating, building, drilling, or mining on the property following the completion and closure of the landfill without authorization of the commissioner.

(c) Before the commissioner grants an authorization for the activities prohibited in the covenant, the commissioner shall consider the following:

(1) The original design of the landfill.

(2) The type of operation.

(3) The hazardous waste deposited there.

(4) The state of decomposition of the hazardous wastes.

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

As added by P.L.1-1996, SEC.12. Amended by P.L.135-2026, SEC.230.
Ind. Code § 13-11-2-130.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-130.5
Repealed
Status: repealed

As added by P.L.282-2003, SEC.26. Repealed by P.L.5-2015, SEC.37.
Ind. Code § 13-11-2-193 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-193
"Restricted waste"
Status: in_force

Sec. 193. "Restricted waste", for purposes of IC 13-20-21, means waste disposed of at a restricted waste site (as defined in 329 IAC 10-2.5-1(b)(57)).

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

As added by P.L.1-1996, SEC.1. Amended by P.L.218-2001, SEC.2.
Ind. Code § 13-29-1-1 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-1
Policy and purpose
Status: in_force

Sec. 1.

ARTICLE I. POLICY AND PURPOSE

There is created the Midwest Interstate Low-Level Radioactive Waste Compact.

The states party to this compact recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. 2021b to 42 U.S.C. 2021j), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for disposing of such waste. The party states acknowledge that the Congress declared that each state is responsible for providing for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within its borders, except for waste generated as a result of certain defense activities of the federal government or federal research and development activities. The party states also recognize that the disposal of low-level radioactive waste is handled most efficiently on a regional basis; and, that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to dispose of such waste be properly provided.

a. It is the policy of the party states to enter into a regional low-level radioactive waste disposal compact for the purpose of:

1. Providing the instrument and framework for a cooperative effort;

2. Providing sufficient facilities for the proper disposal of low-level radioactive waste generated in the region;

3. Protecting the health and safety of the citizens of the region;

4. Limiting the number of facilities required to effectively and efficiently dispose of low-level radioactive waste generated in the region;

5. Encouraging source reduction and the environmentally sound treatment of waste that is generated to minimize the amount of waste to be disposed of;

6. Ensuring that the costs, expenses, liabilities, and obligations of low-level radioactive waste disposal are paid by generators and other persons who use compact facilities to dispose of their waste;

7. Ensuring that the obligations of low-level radioactive waste disposal that are the responsibility of the party states are shared equitably among them;

8. Ensuring that the party states that comply with the terms of this compact and fulfill their obligations under it share equitably in the benefits of the successful disposal of low-level radioactive waste; and

9. Ensuring the environmentally sound, economical, and secure disposal of low-level radioactive wastes.

b. Implicit in the Congressional consent to this compact is the expectation by the Congress and the party states that the appropriate federal agencies will actively assist the Compact Commission and the individual party states to this compact by:

1. expeditious enforcement of federal rules, regulations and laws;

2. imposition of sanctions against those found to be in violation of federal rules, regulations and laws; and

3. timely inspection of their licensees to determine their compliance with these rules, regulations and laws.

[Pre-1996 Recodification Citation: 13-5-9-1.]

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.2.
Ind. Code § 13-26-6-4 — Indiana Code / Title 13 / Article 26 / Chapter 6 / Section 13-26-6-4
Dissolution of district; distribution of assets
Status: in_force

Sec. 4. If:

(1) the department determines that the project or operation of the district is not economically feasible, fair, or reasonable; or

(2) the district fails to file a plan for the operation of the district within the time prescribed by the department;

the department may declare the district dissolved and enter an order for the distribution of all assets owned by the district after the payment of liabilities.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-25-4-28 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-28
Criminal penalty for application misstatement
Status: in_force

Sec. 28. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for financial assistance from the fund commits a Level 6 felony.

As added by P.L.137-2007, SEC.29. Amended by P.L.158-2013, SEC.194.
Ind. Code § 13-13-5-1.5 — Indiana Code / Title 13 / Article 13 / Chapter 5 / Section 13-13-5-1.5
Use of electronic means
Status: in_force

Sec. 1.5. (a) Subject to subsection (b), the department, to increase efficiency and communication in carrying out the purposes of section 1 of this chapter, may determine as appropriate when to use electronic means to do the following:

(1) Deliver mail communications required by rule.

(2) Accept applications required by rule.

(3) Post public notices required by rule.

(4) Provide access to documents for public comment required by rule.

(5) Store documents for future access required by rule.

(b) The department shall comply with IC 13-14-13 when using electronic means for the purposes described in subsection (a).

As added by P.L.27-2024, SEC.1.
Ind. Code § 13-18-12-4 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-4
Adoption of rules concerning permits for septage management and land application; local health agency as board's agent to approve land application sites
Status: in_force

Sec. 4. (a) The board may, in accordance with IC 13-14-9, adopt rules to establish the following:

(1) Standards for the following:

(A) The issuance of permits for:

(i) septage management under section 3 of this chapter; and

(ii) land application of authorized septage, solid waste, and industrial waste products.

(B) Transportation, storage, treatment, and disposal of septage.

(2) Procedures and standards for approval of sites for land application.

(b) The board may designate a county or city health agency as the board's agent to approve land application sites in accordance with rules adopted under this section.

[Pre-1996 Recodification Citation: 13-7-8.8-5.]

As added by P.L.1-1996, SEC.8. Amended by P.L.31-1999, SEC.2; P.L.114-2008, SEC.11; P.L.159-2011, SEC.27; P.L.37-2012, SEC.21; P.L.112-2016, SEC.19; P.L.135-2026, SEC.168.
Ind. Code § 13-18-24-8 — Indiana Code / Title 13 / Article 18 / Chapter 24 / Section 13-18-24-8
Sale of over the counter drugs banned
Status: in_force

Sec. 8. After December 31, 2019, a person may not accept for sale an over the counter drug that contains synthetic plastic microbeads.

As added by P.L.21-2015, SEC.5.
Ind. Code § 13-20-2-8 — Indiana Code / Title 13 / Article 20 / Chapter 2 / Section 13-20-2-8
Notice of legal action
Status: in_force

Sec. 8. If a legal action is filed that:

(1) names the department or a representative of the department as a party to the action; and

(2) concerns an application that has been filed with the department to obtain an original permit or a permit renewal for a solid waste landfill;

the department shall notify the county executive of the county in which the solid waste landfill is or would be located that the legal action has been filed.

[Pre-1996 Recodification Citation: 13-7-10-8.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-76 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-76
"Extremely hazardous substance"
Status: in_force

Sec. 76. "Extremely hazardous substance", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049.

[Pre-1996 Recodification Citation: 13-7-37-3.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-21-1-3 — Indiana Code / Title 13 / Article 21 / Chapter 1 / Section 13-21-1-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-3-4.]

As added by P.L.1-1996, SEC.11. Amended by P.L.12-2005, SEC.4. Repealed by P.L.135-2026, SEC.226.
Ind. Code § 13-18-12-2.2 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-2.2
Information on invoice
Status: in_force

Sec. 2.2. The invoice provided to a customer by the person who uses a septage management vehicle to remove septage from the customer's sewage disposal system need not show:

(1) the date on which the septage was removed from the sewage disposal system; or

(2) the amount of septage removed from the sewage disposal system;

if the sewage disposal system from which the septage is removed is a portable sanitary unit.

As added by P.L.107-2016, SEC.6. Amended by P.L.250-2019, SEC.23; P.L.135-2026, SEC.165.
Ind. Code § 13-14-8-5 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-5
Proposals for rule
Status: in_force

Sec. 5. (a) Any person may present written proposals for the adoption, amendment, or repeal of a rule by the board. A proposal presented under this section must:

(1) be supported by a statement of reasons;

(2) be accompanied by a petition signed by at least two hundred (200) persons who reside in Indiana; and

(3) include suggested text for the rule.

(b) If a majority of the voting members of the board finds that the proposal is meritorious and authorized under this title, the board may give notice and hold a hearing on the proposal.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.87; P.L.135-2026, SEC.95.
Ind. Code § 13-11-2-50 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-50
"Decommissioning"
Status: in_force

Sec. 50. (a) "Decommissioning", for purposes of IC 13-23, means the removal or closure of an underground storage tank or aboveground storage tank.

(b) "Decommissioning", for purposes of IC 13-29-1, means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility.

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

As added by P.L.1-1996, SEC.1. Amended by P.L.67-1996, SEC.3; P.L.176-2023, SEC.8.
Ind. Code § 13-11-2-35.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-35.5
"Community water system"
Status: in_force

Sec. 35.5. (a) "Community water system", for purposes of IC 13-18-19-3, means a public water system that serves at least fifty thousand (50,000) people.

(b) "Community water system", for purposes of IC 13-18-20.5, means a public water system:

(1) that:

(A) serves at least fifteen (15) service connections used by year-round residents; or

(B) regularly serves at least twenty-five (25) year-round residents; and

(2) in which:

(A) all the service connections are located on the same parcel of real estate; or

(B) all the components of the system are connected.

As added by P.L.224-2003, SEC.128. Amended by P.L.61-2007, SEC.1; P.L.116-2023, SEC.1.
Ind. Code § 13-18-7-1 — Indiana Code / Title 13 / Article 18 / Chapter 7 / Section 13-18-7-1
Approval by commissioner
Status: in_force

Sec. 1. The commissioner must approve all plans and specifications for abatement or correction of any polluted condition.

[Pre-1996 Recodification Citation: 13-1-3-10 part.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-25-2-9 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-9
Emergency and hazardous chemical inventory form; tier II information
Status: in_force

Sec. 9. (a) A tier II emergency and hazardous chemical inventory form required to be submitted under section 10 of this chapter must provide the following information for each hazardous chemical present at the facility:

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

(2) An estimate in ranges of the maximum amount of the hazardous chemical present at the facility at any time during the preceding year.

(3) An estimate in ranges of the average daily amount of the hazardous chemical present at the facility during the preceding year.

(4) A brief description of the manner of storage of the hazardous chemical.

(5) The location at the facility of the hazardous chemical.

(6) An indication of whether the owner of the facility elects to withhold location information of a specific hazardous chemical from disclosure to the public under section 14 of this chapter.

(7) The tier II inventory information specified in 40 CFR 370.42.

When the tier II inventory information is being submitted using an online system approved by the commission, an electronic signature that meets the conditions established by the commission will satisfy the signature requirement specified in 40 CFR 370.42(a).

(b) An owner or operator may meet the requirements of this section and section 10 of this chapter with respect to a hazardous chemical that is a mixture by doing one (1) of the following:

(1) Providing information on the inventory form on 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) listing on the inventory form for the element or compound at the facility is necessary.

(2) Providing information on the inventory form on the mixture.

(c) A hazardous chemical for which a material safety data sheet or a listing is required by section 8 of this chapter is subject to this section and section 10 of this chapter.

[Pre-1996 Recodification Citation: 13-7-37-16(a), (b), (c), (d), (e).]

As added by P.L.1-1996, SEC.15. Amended by P.L.85-2015, SEC.11.
Ind. Code § 13-24-1-6 — Indiana Code / Title 13 / Article 24 / Chapter 1 / Section 13-24-1-6
Enforcement; testing; facility site right of entry; inspection; reasonable promptness
Status: in_force

Sec. 6. (a) To allow the commissioner to take or to assess the need for removal or remedial action under section 1, 2, or 3 of this chapter or to enforce this chapter, an owner, an operator, or a responsible party of a facility, upon the request of an officer, an employee, or a designated representative of the department, shall:

(1) furnish information relating to the facility or the facility's associated equipment or contents;

(2) conduct testing of the facility or the facility's associated equipment or contents;

(3) conduct testing of:

(A) soils;

(B) air;

(C) surface water; or

(D) ground water;

surrounding the facility if the testing, using methods that are similar to but do not exceed federal standards, confirms a release of petroleum, or if other evidence exists that gives cause for reasonable suspicion that a release has occurred;

(4) allow, at reasonable times, the officer, employee, or designated representative to have access to and to copy records that relate to the release at the facility; and

(5) allow the officer, employee, or designated representative to have access for response, removal, or remedial action under section 2 of this chapter.

(b) For the reasons described under subsection (a), an officer, an employee, or a designated representative of the department may enter, at reasonable times, a site where a facility is located or where petroleum may be present because of a release from a facility to do the following:

(1) Inspect and obtain samples of petroleum contained in the facility from any person.

(2) Conduct testing of:

(A) the facility;

(B) the facility's associated equipment or contents; or

(C) surrounding:

(i) soils;

(ii) air;

(iii) surface water; or

(iv) ground water.

(3) Take removal or remedial action under section 2 of this chapter.

(c) An action authorized under this section shall be commenced and completed with reasonable promptness.

[Pre-1996 Recodification Citation: 13-7-20.1-11.]

As added by P.L.1-1996, SEC.14.
Ind. Code § 13-12-4-8 — Indiana Code / Title 13 / Article 12 / Chapter 4 / Section 13-12-4-8
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-1-10-6.]

As added by P.L.1-1996, SEC.2. Repealed by P.L.135-2026, SEC.45.
Ind. Code § 13-11-2-115 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-115
"Land disposal"
Status: in_force

Sec. 115. "Land disposal", for purposes of IC 13-22-12, includes the following:

(1) Interim status and permitted hazardous waste landfills.

(2) Interim status and permitted hazardous waste surface impoundments.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-25-5-8.5 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-8.5
Voluntary remediation work plan objectives; additional action to protect human health and the environment not necessary under certain circumstances; risk based remediation objectives and proposals
Status: in_force

Sec. 8.5. (a) A voluntary remediation work plan must specify the remediation objectives for the site. Subsections (b) through (e) apply to a site regardless of whether the site was entered into the voluntary remediation program before July 1, 2009, or after June 30, 2009.

(b) The remediation objectives for each hazardous substance and any petroleum on the site shall be based on:

(1) background levels of hazardous substances and petroleum that occur naturally on the site; or

(2) an assessment of the risks pursuant to subsection (d) posed by the hazardous substance or petroleum presently found on the site taking into consideration the following:

(A) Expected future use of the site.

(B) Measurable risks to human health, natural resources, or the environment based on the:

(i) activities that take place; and

(ii) environmental impact;

on the site.

(c) If the:

(1) nature and extent of the hazardous substance or petroleum is adequately characterized under the voluntary remediation work plan, considering the remediation objectives developed under this section; and

(2) the level of the hazardous substance or petroleum is demonstrated to be below:

(A) background levels of the hazardous substances and petroleum that occur naturally on the site; or

(B) the risk based levels developed under subsection (d);

additional action is not necessary to protect human health or the environment.

(d) Risk based remediation objectives shall be based on one (1) of the following:

(1) Levels of hazardous substances and petroleum calculated by the department using standard equations and default values for particular hazardous substances or petroleum.

(2) Levels of hazardous substances and petroleum calculated using site specific data for the default values in the department's standard equations.

(3) Levels of hazardous substances and petroleum developed based on site specific risk assessments that take into account site specific factors, including remedial measures, restrictive covenants, and environmental restrictive ordinances that:

(A) manage risk; and

(B) control completed or potential exposure pathways.

(e) The department shall consider and give effect to restrictive covenants and environmental restrictive ordinances in evaluating risk based remediation proposals.

(f) The department, or a person authorized under subsection (g), shall give written notice to a municipal corporation that the department is relying on an environmental restrictive ordinance adopted by the municipal corporation as part of a risk based remediation proposal:

(1) approved by the department; and

(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.

(g) The department may delegate authority to give the written notice referred to in subsection (f) to the person who proposed the risk based remediation.

As added by P.L.59-1997, SEC.20. Amended by P.L.78-2009, SEC.18; P.L.159-2011, SEC.40.
Ind. Code § 13-23-14-2 — Indiana Code / Title 13 / Article 23 / Chapter 14 / Section 13-23-14-2
Failure to notify; false information
Status: in_force

Sec. 2. A person who violates a rule adopted under IC 13-23-1-2 by:

(1) knowingly failing to give a required notification; or

(2) submitting false information;

is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank or aboveground storage tank for which a required notification is not given or for which false information is submitted.

[Pre-1996 Recodification Citation: 13-7-20-27(a).]

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.62.
Ind. Code § 13-11-2-206 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-206
"Solid waste disposal facility"
Status: in_force

Sec. 206. (a) "Solid waste disposal facility", for purposes of IC 13-19-3-8.2, IC 13-19-4, IC 13-20-4, and IC 13-20-6, and subject to subsection (b), means a facility at which solid waste is:

(1) deposited on or beneath the surface of the ground as an intended place of final location; or

(2) incinerated.

(b) The term "solid waste disposal facility" does not include an advanced recycling facility.

[Pre-1996 Recodification Citations: 13-7-10.5-6; 13-7-31-4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.218-2001, SEC.3; P.L.1-2002, SEC.64; P.L.154-2005, SEC.2; P.L.54-2023, SEC.13.
Ind. Code § 13-26-5-7 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-7
Contracts for water supply, sewage treatment, or solid waste disposition; issuance of bonds
Status: in_force

Sec. 7. (a) Exclusive of building a sewage treatment plant, solid waste disposal or recovery system, or installing a supply of water, a district that desires to own, acquire, construct, equip, improve, enlarge, extend, operate, and maintain a works may proceed under this article if the district first contracts for:

(1) a supply of water;

(2) the required treatment of the sewage emanating from the district's works; or

(3) the disposition of solid waste generated within the district.

(b) A governmental or private body owning and operating facilities for water supply, sewage, or solid waste disposal, recovery, or treatment may contract to supply water or treat all or part of the sewage and solid waste of a district. The contracts must be authorized by ordinance.

(c) All bonds issued under this article or IC 13-3-2 (before its repeal) by a district contracting for:

(1) water supply;

(2) sewage or solid waste disposal; or

(3) recovery treatment service;

under this section are payable before the expiration date of the contract, and districts may contract for the term of the bonds, including a term or terms beyond the last maturity of the bonds.

[Pre-1996 Recodification Citation: 13-3-2-15.]

As added by P.L.1-1996, SEC.16. Amended by P.L.200-2017, SEC.17.
Ind. Code § 13-11-2-230.1 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-230.1
"Television"
Status: in_force

Sec. 230.1. "Television", for purposes of this chapter and IC 13-20.5, means an electronic device that is:

(1) a cathode ray tube or flat panel display; and

(2) primarily intended to receive:

(A) video programming via broadcast, cable, or satellite transmission; or

(B) video from surveillance or other similar cameras.

As added by P.L.178-2009, SEC.24.
Ind. Code § 13-20.5-9-1 — Indiana Code / Title 13 / Article 20.5 / Chapter 9 / Section 13-20.5-9-1
Department of administration to ensure state agency compliance with program
Status: in_force

Sec. 1. The Indiana department of administration shall ensure that acquisitions of video display devices by state agencies comply with or are not subject to this article.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-23-7-1.2 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-1.2
Aviation fuel account
Status: in_force

Sec. 1.2. (a) The aviation fuel account is established within the ELTF. The account shall be administered by the commissioner or the commissioner's designee.

(b) The account consists of the following:

(1) Fees on the inspection of avgas (as defined in IC 16-44-2-0.5) and jet fuel (as defined in IC 16-44-2-1.5) that are deposited in the account under IC 16-44-2-18(g).

(2) All earnings on investments of funds in the account.

(3) Gifts and donations intended for deposit in the account.

(4) Any other money authorized to be deposited in or appropriated to the account.

(c) Money in the account is continuously appropriated for purposes of this section.

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

(e) Money in the account may be used only for the following purposes:

(1) Assisting owners and operators of tanks used for the storage of avgas or jet fuel in establishing evidence of financial responsibility, if necessary under IC 13-23-4.

(2) Providing a source of money to satisfy liabilities for corrective action involving avgas or jet fuel.

(3) Providing a source of money for the indemnification of third parties under IC 13-23-9-3 in claims involving avgas or jet fuel.

(4) Providing a source of money to pay the expenses incurred by the department:

(A) for job activities and expenses that consist exclusively of administering the aviation fuel account;

(B) in inspecting aviation fuel storage tanks; and

(C) in providing training through the program established under IC 13-23-7-1(a)(4)(C) to operators of underground and aboveground tanks used to store avgas or jet fuel.

(5) Beginning December 31, 2023, annually providing to the airport development grant fund established by IC 8-21-11-4 an amount equal to the difference between:

(A) the entire balance in the aviation fuel account; and

(B) a reserve amount that, in combination with an estimate of the fees that will be deposited in the aviation fuel account under subsection (b)(1) during the following calendar year, is reasonably anticipated by the commissioner or the commissioner's designee as administrator of the aviation fuel account to be sufficient to meet the purposes set forth in subdivisions (1) through (4) in the following year.

(f) The expenses of administering the account shall be paid from money in the account.

(g) Money that is in the account at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.176-2023, SEC.40.
Ind. Code § 13-11-2-58 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-58
"District"
Status: in_force

Sec. 58. (a) "District", for purposes of IC 13-20-17.5, IC 13-20-20, IC 13-21, and IC 13-20-22, refers to:

(1) a county solid waste management district; or

(2) a joint solid waste management district;

established under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal).

(b) "District", for purposes of IC 13-26, refers to a regional water, sewage, or solid waste district established under:

(1) IC 13-26;

(2) IC 13-3-2 (before its repeal on July 1, 1996); or

(3) IC 19-3-1.1 (before its repeal on April 1, 1980).

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-33-1; 13-9.5-1-1 part; 13-9.5-1-10; subsection (b) formerly 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.45-1997, SEC.3; P.L.225-2001, SEC.2.
Ind. Code § 13-11-2-95 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-95
"Hazardous household product"
Status: in_force

Sec. 95. "Hazardous household product", for purposes of IC 13-20-20, means a household product that:

(1) may cause serious injury or death when introduced into or upon the body of a living human because the product is:

(A) a poison;

(B) toxic;

(C) corrosive;

(D) an irritant;

(E) flammable; or

(F) radioactive; or

(2) generates pressure through:

(A) decomposition;

(B) heat; or

(C) other means;

during a customary or reasonably anticipated handling or use.

[Pre-1996 Recodification Citation: 13-7-33-2.5.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-17-5-6.7 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-6.7
Repealed
Status: repealed

As added by P.L.282-2003, SEC.36. Repealed by P.L.1-2007, SEC.248.
Ind. Code § 13-20-3-4 — Indiana Code / Title 13 / Article 20 / Chapter 3 / Section 13-20-3-4
Exemption
Status: in_force

Sec. 4. The requirements of section 1 of this chapter do not apply to haulers and owners or operators engaged in transporting or disposing of solid waste that is:

(1) generated by a person; and

(2) disposed of at a site that is:

(A) owned by the person; and

(B) limited, for the 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: 13-9.5-11-4.]

As added by P.L.1-1996, SEC.10. Amended by P.L.250-2019, SEC.30.
Ind. Code § 13-20-4-6 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-6
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-31-8.2(c), (d).]

As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-29-2-3 — Indiana Code / Title 13 / Article 29 / Chapter 2 / Section 13-29-2-3
"Commissioner" defined
Status: in_force

Sec. 3. "Commissioner", for purposes of sections 5 through 7 of this chapter, means a member of the Ohio River Valley Water Sanitation Commission.

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

As added by P.L.1-1996, SEC.19.
Ind. Code § 13-22-8-2 — Indiana Code / Title 13 / Article 22 / Chapter 8 / Section 13-22-8-2
Bankruptcy of owner or operator of facility; proof of financial responsibility; liability of guarantor
Status: in_force

Sec. 2. (a) The rules on financial responsibility for monitoring and corrective action at hazardous waste facilities adopted by the board under section 1 of this chapter and IC 4-22-2 must state that evidence of financial responsibility may be provided through one (1) or more of the following:

(1) Insurance.

(2) Guaranty.

(3) A surety bond.

(4) A letter of credit.

(5) Qualification as a self-insurer.

The rules may specify that certain terms, conditions, or defenses are necessary or are unacceptable in a policy or contract through which proof of financial responsibility is to be provided.

(b) If the owner or operator of a hazardous waste facility is in bankruptcy, reorganization, or arrangement under the federal bankruptcy law, or if no state or federal court could obtain jurisdiction over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility is provided may be asserted directly against the guarantor. In an action based upon such a claim, the guarantor may invoke:

(1) all rights and defenses that would have been available to the owner or operator if the action had been brought against the owner or operator by the claimant; and

(2) all rights and defenses that would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.

(c) The total liability of a guarantor under this section is limited to the aggregate amount in which the guarantor has provided evidence of financial responsibility for the owner or operator of a hazardous waste facility. This section does not limit any other liability of a guarantor to the owner or operator of a hazardous waste facility, such as liability for bad faith in negotiating or in failing to negotiate the settlement of any claim.

[Pre-1996 Recodification Citation: 13-7-8.5-10(b), (c), (d).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-12-3-2 — Indiana Code / Title 13 / Article 12 / Chapter 3 / Section 13-12-3-2
Remediation and closure goals, objectives, and standards for certain remediation projects
Status: in_force

Sec. 2. (a) The remediation and closure goals, objectives, and standards for all remediation projects conducted under IC 13-22, IC 13-23, IC 13-24, and IC 13-25-4 shall be consistent with the remediation objectives set forth in IC 13-25-5-8.5, regardless of whether the remediation project begins before July 1, 2009, or after June 30, 2009.

(b) The groundwater quality standards adopted under IC 13-18-17-5 shall allow, as appropriate, groundwater remediations to be consistent with the remediation objectives set forth in IC 13-25-5-8.5.

As added by P.L.224-1999, SEC.1. Amended by P.L.78-2009, SEC.9.
Ind. Code § 13-11-2-178.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-178.5
"Recovered feedstock"
Status: in_force

Sec. 178.5. (a) "Recovered feedstock" means at least one (1) of the following materials that has been processed to be used as feedstock at an advanced recycling facility:

(1) Post-use polymers.

(2) Materials for which the United States Environmental Protection Agency has:

(A) made a nonwaste determination; or

(B) determined to be feedstocks and not solid waste.

(b) "Recovered feedstock" does not include the following:

(1) Unprocessed municipal solid waste.

(2) Material that has been mixed with solid waste or hazardous waste onsite or during processing at an advanced recycling facility.

As added by P.L.54-2023, SEC.9.
Ind. Code § 13-18-10-4 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-4
Rules, policies, and statements; uniform standards
Status: in_force

Sec. 4. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 and the department may adopt policies or statements under IC 13-14-1-11.5 that are necessary for the proper administration of this chapter. The rules, policies, or statements may concern construction, expansion, and operation of confined feeding operations and may include uniform standards for:

(1) construction, expansion, and manure containment that are appropriate for a specific site; and

(2) manure application and handling that are consistent with best management practices:

(A) designed to reduce the potential for manure to be conveyed off a site by runoff or soil erosion;

(B) that are appropriate for a specific site; and

(C) accurately reflect differences between dry and liquid manure.

(b) Standards adopted in a rule, policy, or statement under subsection (a) must:

(1) consider confined feeding standards that are consistent with standards found in publications from:

(A) the United States Department of Agriculture;

(B) the Natural Resources Conservation Service of the United States Department of Agriculture;

(C) the Midwest Plan Service; and

(D) postsecondary educational institution extension bulletins; and

(2) be developed through technical review by the department, postsecondary educational institution specialists, and other animal industry specialists.

[Pre-1996 Recodification Citation: 13-1-5.7-5.]

As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.10; P.L.2-2007, SEC.167; P.L.127-2009, SEC.10; P.L.135-2026, SEC.162.
Ind. Code § 13-21-3-20 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-20
Failure of county with consolidated city to elect to participate; exemption from regulation and control of article
Status: in_force

Sec. 20. (a) Notwithstanding this chapter, IC 13-21-5, and IC 13-21-13, and except as provided in subsection (b), unless the legislative body of a county having a consolidated city elects by ordinance to participate in the rules, ordinances, and governmental structures enacted or created under this article, the management of solid waste activities and the collection of fees on the disposal of solid waste in a final disposal facility located in that county are exempt from regulation or control under this article.

(b) The exemption under subsection (a) does not apply to IC 13-20-22-1.

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

As added by P.L.1-1996, SEC.11. Amended by P.L.113-2010, SEC.94.
Ind. Code § 13-20-21-11 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-11
Disposal fees; delinquency charges; revocation of permit; notice
Status: in_force

Sec. 11. (a) In addition to the penalties described 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 solid waste disposal fee to the department not more than sixty (60) days after the date the fee is due, the person shall be assessed a delinquency charge equal to ten percent (10%) of the solid waste disposal fee. The delinquency charge shall be due and payable sixty (60) days after the date the solid waste disposal fee is due.

(b) If a person does not remit a solid waste disposal fee and any applicable delinquency charge not more than ninety (90) days after the date the solid waste disposal fee is due, the department may revoke the person's permit. However, before the department may revoke the permit:

(1) not earlier than sixty (60) days after the date the solid waste disposal fee is assessed; and

(2) not later than thirty (30) days before the department revokes the permit;

the department must deliver a written notice to the person that describes what fees and delinquency charges are due and indicates that the department may revoke the person's permit for nonpayment after thirty (30) days.

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

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-177.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-177.5
"Publicly owned treatment works"
Status: in_force

Sec. 177.5. (a) "Publicly owned treatment works", for purposes of IC 13-18-3, means a treatment works (as defined in Section 212(2) of the Clean Water Act) owned by the state or a municipality (as defined in Section 502(4) of the Clean Water Act).

(b) The term includes:

(1) devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or compatible industrial wastes; and

(2) a municipality (as defined in Section 502(4) of the Clean Water Act) that has jurisdiction over the indirect discharges to and the discharges from a treatment works.

(c) The term does not include:

(1) pipes;

(2) sewers; or

(3) other conveyances;

not connected to a facility providing treatment.

As added by P.L.112-2000, SEC.1. Amended by P.L.135-2026, SEC.30.
Ind. Code § 13-13-7.1-5 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-5
Agency appointee; nonvoting member
Status: in_force

Sec. 5. The individual serving on the panel under section 2(6) of this chapter is a nonvoting member.

As added by P.L.53-2014, SEC.119. Amended by P.L.135-2026, SEC.59.
Ind. Code § 13-13-7.1-10 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-10
Number of votes necessary to take action
Status: in_force

Sec. 10. The affirmative votes of a majority of the voting members appointed to the panel are required for the panel to take action on any measure, including final reports.

As added by P.L.53-2014, SEC.119.
Ind. Code § 13-11-2-61.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-61.6
"East Chicago area of special concern"
Status: in_force

Sec. 61.6. "East Chicago area of special concern", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-1.

As added by P.L.88-2017, SEC.1.
Ind. Code § 13-23-14-1 — Indiana Code / Title 13 / Article 23 / Chapter 14 / Section 13-23-14-1
Enforcement of chapter; penalties
Status: in_force

Sec. 1. (a) Except as provided in IC 13-23-1-4, this article shall be enforced under IC 13-30-3.

(b) Except as provided in sections 2, 3, and 4 of this chapter, violations of this article are subject to the penalties imposed by the following:

(1) IC 13-30-4.

(2) IC 13-30-5.

(3) IC 13-30-8.

In addition, a violation of this article may lead to criminal prosecution under IC 13-30-10.

[Pre-1996 Recodification Citation: 13-7-20-26.]

As added by P.L.1-1996, SEC.13. Amended by P.L.137-2007, SEC.28; P.L.38-2012, SEC.6.
Ind. Code § 13-23-5-3 — Indiana Code / Title 13 / Article 23 / Chapter 5 / Section 13-23-5-3
Compliance of underground storage tank systems with certain laws
Status: in_force

Sec. 3. (a) An underground storage tank system that contains fuel composed of greater than fifteen percent (15%) alcohol is considered to comply with section 1(b) of this chapter if either of the following applies:

(1) The system predates May 11, 2007.

(2) The system predates the adoption by:

(A) the solid waste management board (established by IC 13-19-2, before its repeal); or

(B) the environmental rules board;

after May 11, 2007, of any additional rules concerning technical and safety requirements for storing and dispensing alcohol blended fuel.

(b) Replacement tanks or ancillary equipment installed in existing underground storage tank systems storing or dispensing alcohol blended fuels must meet the standards contained in additional rules as described in subsection (a)(2) that were adopted by the solid waste management board before January 1, 2013, or are adopted by the environmental rules board only if the installation occurs after the adoption of those rules.

As added by P.L.16-2009, SEC.21. Amended by P.L.113-2014, SEC.77.
Ind. Code § 13-11-2-227.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-227.5
"Synthetic plastic microbead"
Status: in_force

Sec. 227.5. "Synthetic plastic microbead", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-4.

As added by P.L.21-2015, SEC.4.
Ind. Code § 13-27-2-9 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-9
Information clearinghouse for pollution prevention; purpose; data
Status: in_force

Sec. 9. (a) To:

(1) promote pollution prevention statewide by all industries and companies; and

(2) assist in obtaining information on the progress of multimedia reduction of environmental wastes and related environmental policies and programs;

the commissioner may establish and operate a state information clearinghouse for pollution prevention.

(b) The commissioner may use the clearinghouse established under this section to do the following:

(1) Collect and compile the following:

(A) Information from organizations receiving grants under this article.

(B) Information from the published technical literature.

(2) Mount active outreach and educational programs to further the development and adoption of principles and techniques of pollution prevention.

(c) The clearinghouse established under this section must include data on the operation and effectiveness of industry pollution prevention programs. The department shall permit and facilitate free use of this data by businesses, governmental agencies, and the general public. A business may not be required to submit information of a proprietary nature to the clearinghouse or to a governmental program funded under this article.

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

As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.18; P.L.135-2026, SEC.287.
Ind. Code § 13-19-3-4 — Indiana Code / Title 13 / Article 19 / Chapter 3 / Section 13-19-3-4
Vertical expansions of existing permitted landfills; rules prohibited
Status: in_force

Sec. 4. Except as provided by sections 5 and 6 of this chapter, the board and the department may not adopt rules under section 1 of this chapter to:

(1) prohibit; or

(2) arbitrarily restrict;

vertical expansions of existing permitted landfills.

[Pre-1996 Recodification Citation: 13-1-12-9(b).]

As added by P.L.1-1996, SEC.9. Amended by P.L.122-1996, SEC.3.
Ind. Code § 13-11-2-105 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-105
"Incidental concentrations of PCB"
Status: in_force

Sec. 105. "Incidental concentrations of PCB", for purposes of IC 13-20-15-3, means concentrations of PCB that are beyond the control of the person and that are not the result of the person:

(1) exposing the:

(A) item;

(B) product; or

(C) material;

to concentrations of PCB;

(2) failing to take reasonable measures to rid the:

(A) item;

(B) product; or

(C) material;

of concentrations of PCB; or

(3) failing to use a reasonable substitute for the:

(A) item;

(B) product; or

(C) material;

for which the exemption is sought.

[Pre-1996 Recodification Citation: 13-7-16.5-4(c).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-26-2-11 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-11
Order; review
Status: in_force

Sec. 11. An order for the establishment of a district is subject to review as provided in IC 4-21.5-5.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-17-8-6 — Indiana Code / Title 13 / Article 17 / Chapter 8 / Section 13-17-8-6
Fee structure; restrictions
Status: in_force

Sec. 6. The following apply to the initial fee structure established under section 3 of this chapter:

(1) Except as provided in subdivision (2), the initial fee structure may not include a fee for a source that exceeds one hundred fifty thousand dollars ($150,000) in each year.

(2) For a source that:

(A) is located in an area designated as a serious or severe ozone nonattainment area under the federal Clean Air Act; and

(B) emits more than:

(i) one hundred (100) tons of volatile organic compounds; and

(ii) one hundred (100) tons of nitrogen oxides;

the initial fee structure may not include a fee that exceeds two hundred thousand dollars ($200,000) in each year.

(3) Except as provided in subdivision (4), during the period:

(A) after December 31, 1994; and

(B) before January 1, 2000;

the fee structure may not be attributable to the amount or type of emissions from a steam electric generating unit that is an affected unit under 42 U.S.C. 7651c.

(4) During the period described in subdivision (3), the total annual fee for affected units at a source that contains at least one (1) affected unit described in subdivision (3) may not exceed fifty thousand dollars ($50,000). Fees paid for the source under the fee structure established in section 3 of this chapter shall be credited toward the amount of the fee that the source is required to pay under this subdivision.

[Pre-1996 Recodification Citation: 13-1-1-26(f).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-249.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-249.5
Repealed
Status: repealed

As added by P.L.124-1997, SEC.12. Repealed by P.L.37-2012, SEC.14.
Ind. Code § 13-11-2-223.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-223.5
Repealed
Status: repealed

As added by P.L.55-2001, SEC.1. Amended by P.L.233-2017, SEC.21. Repealed by P.L.189-2018, SEC.119.
Ind. Code § 13-11-2-70 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-70
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22.5-1.5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.5. Repealed by P.L.113-2014, SEC.46.
Ind. Code § 13-18-10.7-4 — Indiana Code / Title 13 / Article 18 / Chapter 10.7 / Section 13-18-10.7-4
Duty to present credentials
Status: in_force

Sec. 4. Upon arriving at a confined feeding operation to conduct an onsite inspection, the officer, employee, or authorized representative of the department shall, if possible, present the credentials of the officer, employee, or authorized representative for inspection by the operator of the confined feeding operation or an employee or agent of the operator.

As added by P.L.192-2025, SEC.3.
Ind. Code § 13-25-5-11 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-11
Voluntary remediation work plan; publication; notice; comment period; hearing
Status: in_force

Sec. 11. (a) Before the commissioner approves or rejects a proposed voluntary remediation work plan under section 10 of this chapter, the commissioner must:

(1) notify local government units located in a county affected by the proposed voluntary remediation work plan of the work plan;

(2) provide that a copy of the proposed voluntary remediation work plan be published electronically on the department's website; and

(3) publish a notice requesting comments concerning the proposed voluntary remediation work plan.

(b) A comment period of at least thirty (30) days must follow publication of a notice under this section. During a comment period, interested persons may do the following:

(1) Submit written comments to the commissioner concerning the proposed voluntary remediation work plan.

(2) Request a public hearing concerning the proposed voluntary remediation work plan.

(c) If the commissioner receives at least one (1) written request, the commissioner may hold a public hearing in the geographical area affected by the proposed voluntary remediation work plan on the question of whether to approve or reject the work plan. The commissioner shall consider all written comments and public testimony.

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

As added by P.L.1-1996, SEC.15. Amended by P.L.135-2026, SEC.275.
Ind. Code § 13-18-27-6 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-6
"General permit"
Status: in_force

Sec. 6. As used in this chapter, "general permit" refers to the general permit issued by the commissioner or the department in accordance with 40 CFR 122.26 to establish erosion and sediment control requirements for construction sites.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-11-2-112 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-112
"Interstate agency"
Status: in_force

Sec. 112. "Interstate agency", for purposes of IC 13-18-2, means an agency of at least two (2) states having powers or duties pertaining to the abatement of water pollution.

[Pre-1996 Recodification Citation: 13-1-4-1(d), (f) part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-25-2-10 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-10
Filing of emergency and hazardous chemical inventory form with commission
Status: in_force

Sec. 10. (a) On or after January 1 and before March 1 of each year, 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 the following to the commission:

(1) A tier II emergency and hazardous chemical inventory form containing the information required by section 9 of this chapter.

(2) A fee in the amount established by section 10.4 of this chapter. This fee shall be deposited in the local emergency planning and right to know fund established in section 10.5 of this chapter.

The tier II inventory form must contain data with respect to the preceding calendar year, and the inventory form and the fee shall be submitted in the form and manner established by the commission.

(b) The commission shall make the tier II emergency and hazardous chemical inventory form information provided to the commission by a facility under subsection (a)(1) available to the following:

(1) The appropriate local emergency planning committee.

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

(c) Upon the request of:

(1) a local emergency planning committee; or

(2) a fire department with jurisdiction over a facility;

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 provide the tier II emergency and hazardous chemical inventory form information to the person making the request. A request must be made with respect to a specific facility.

(d) A state or local official acting in the official's capacity may have access to information on the tier II emergency and hazardous chemical inventory forms by submitting a request to the commission or a local emergency planning committee. If the commission or the emergency planning committee does not already possess the requested information, upon receipt of a request for tier II emergency and hazardous chemical inventory form information, the commission or committee shall request the facility owner or operator to provide the tier II emergency and hazardous chemical inventory form information. The commission or the local emergency planning committee shall make the information available to the official.

(e) A person may make a request to the commission or a local emergency planning committee for tier II emergency and hazardous chemical inventory form information relating to the preceding year with respect to a facility. The request must be in writing and must be made with respect to a specific facility.

(f) Any tier II emergency and hazardous chemical inventory form information that the commission or a local emergency planning committee possesses shall be made available to a person making a request under this section in accordance with section 14 of this chapter. If the commission or local emergency planning committee does not possess the tier II emergency and hazardous chemical inventory form information requested, the commission or local emergency planning committee shall request the facility owner or operator to:

(1) provide the tier II emergency and hazardous chemical inventory form information with respect to a hazardous chemical that a facility has stored in an amount of at least ten thousand (10,000) pounds present at the facility at any time during the preceding year; and

(2) make the information available in accordance with section 14 of this chapter;

to the person making the request.

(g) For tier II emergency and hazardous chemical inventory form information that is not in the possession of the commission or a local emergency planning committee with respect to a hazardous chemical that a facility has stored in an amount that is less than ten thousand (10,000) pounds at the facility at any time during the preceding year, a request from a person must include a statement specifying the general need for the information. The commission or local emergency planning committee may request the facility owner or operator for the tier II emergency and hazardous chemical inventory form information on behalf of the person making the request. Upon receipt of any information requested on behalf of the person, the commission or local emergency planning committee shall make the information available in accordance with section 14 of this chapter to the person.

(h) The commission or a local emergency planning committee shall respond to a request for tier II emergency and hazardous chemical inventory form information under this section not later than seven (7) days after the date the request is received.

(i) The following provisions apply to the fee required by subsection (a)(2):

(1) A facility that is subject to the fee required by subsection (a)(2) that fails to pay the entire fee by March 1 of each year shall pay to the commission a late fee of twenty dollars ($20) in addition to the fee payable under subsection (a)(2). This late fee shall increase by twenty dollars ($20) for each month that the required fee is not paid. This late fee shall never exceed one hundred percent (100%) of the fee required by subsection (a)(2).

(2) If a payment is made by bank draft, check, cashier's check, electronic check, or money order, the liability is not finally discharged and the person has not paid the fee until the draft, check, or money order has been honored by the institution on which it is drawn. If the payment is made by credit card, debit card, charge card, or similar method, the liability is not finally discharged and the person has not paid the fee until the commission receives payment or credit from the institution responsible for making the payment or credit.

(3) If a financial institution reports that it dishonors or rejects a person's check, credit card payment, electronic funds transfer, or other form of payment, the commission shall assess and collect the fees and charges authorized in IC 35-43-5, if applicable, in addition to the applicable late fee assessed under subdivision (1). If the person subject to the penalty under this subsection can show that there is reasonable cause for the payment not being honored, the commission may waive the fees and charges imposed under this subsection.

[Pre-1996 Recodification Citation: 13-7-37-16(f), (g), (h), (i), (j), (k), (l).]

As added by P.L.1-1996, SEC.15. Amended by P.L.85-2015, SEC.12; P.L.174-2021, SEC.14.
Ind. Code § 13-11-2-16.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-16.5
"Automobile scrapyard"
Status: in_force

Sec. 16.5. "Automobile scrapyard", for purposes of this chapter, means a business organized for any of the following purposes:

(1) Processing scrap metal.

(2) Wrecking automobiles.

(3) Operating a junkyard.

As added by P.L.170-2006, SEC.3. Amended by P.L.112-2016, SEC.2.
Ind. Code § 13-29-2-1 — Indiana Code / Title 13 / Article 29 / Chapter 2 / Section 13-29-2-1
Ratification; text of compact
Status: in_force

Sec. 1. The following Ohio River Valley Water Sanitation Compact, which has been negotiated by representatives of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee, and West Virginia, is hereby approved, ratified, adopted, enacted into law, and entered into by the state of Indiana as a party thereto and signatory state, namely:

Whereas, A substantial part of the territory of each of the signatory states is situated within the drainage basin of the Ohio river; and

Whereas, The rapid increase in the population of the various metropolitan areas situated within the Ohio drainage basin, and the growth in industrial activity within that area, have resulted in recent years in an increasingly serious pollution of the waters and streams within the said drainage basin, constituting a grave menace to the health, welfare, and recreational facilities of the people living in such basin, and occasioning great economic loss; and

Whereas, The control of future pollution and the abatement of existing pollution in the waters of said basin are of prime importance to the people thereof, and can best be accomplished through the cooperation of the states situated therein, by and through a joint or common agency;

Now Therefore, The states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee, and West Virginia do hereby covenant and agree as follows:

Article 1.

Each of the signatory states pledges to each of the other signatory states faithful cooperation in the control of future pollution in and abatement of existing pollution from the rivers, streams, and waters in the Ohio river basin which flow through, into, or border upon any of such signatory states, and in order to effect such object, agrees to enact any necessary legislation to enable each such state to place and maintain the waters of said basin in a satisfactory sanitary condition, available for safe and satisfactory use as public and industrial water supplies after reasonable treatment, suitable for recreational usage, capable of maintaining fish and other aquatic life, free from unsightly or malodorous nuisances due to floating solids or sludge deposits, and adaptable to such other uses as may be legitimate.

Article 2.

The signatory states hereby create a district to be known as the "Ohio River Valley Water Sanitation District", hereinafter called the district, which shall embrace all territory within the signatory states, the water in which flows ultimately into the Ohio river, or its tributaries.

Article 3.

The signatory states hereby create the "Ohio River Valley Water Sanitation Commission", hereinafter called the commission, which shall be a body corporate, with the powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the signatory states or by act or acts of the congress of the United States.

Article 4.

The commission shall consist of three (3) commissioners from each state, each of whom shall be a citizen of the state from which he is appointed, and three (3) commissioners representing the United States government. The commissioners from each state shall be chosen in the manner and for the terms provided by the laws of the state from which they shall be appointed, and any commissioner may be removed or suspended from office as provided by the laws of the state from which he shall be appointed. The commissioners representing the United States shall be appointed by the President of the United States, or in such other manner as may be provided by congress. The commissioners shall serve without compensation, but shall be paid their actual expenses incurred in and incident to the performance of their duties; but nothing herein shall prevent the appointment of an officer or employee of any state or of the United States government.

Article 5.

The commission shall elect from its number a chairman and vice chairman and shall appoint, and at its pleasure remove or discharge, such officers and legal, clerical, expert, and other assistants as may be required to carry the provisions of this compact into effect, and shall fix and determine their duties, qualifications, and compensation. It shall adopt a seal and suitable bylaws, and shall adopt and promulgate rules and regulations for its management and control. It may establish and maintain one (1) or more offices within the district for the transaction of its business, and may meet at any time or place. One (1) or more commissioners from a majority of the member states shall constitute a quorum for the transaction of business.

The commission shall submit to the governor of each state, at such time as he may request, a budget of its estimated expenditures for such period as may be required by the laws of such state for presentation to the legislature thereof.

The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time to the inspection of such representatives of the respective signatory states as may be duly constituted for that purpose.

On or before the first day of December of each year, the commission shall submit to the respective governors of the signatory states a full and complete report of its activities for the preceding year.

The commission shall not incur any obligations of any kind prior to the making of appropriations adequate to meet the same; nor shall the commission pledge the credit of any of the signatory states, except by and with the authority of the legislature thereof.

Article 6.

It is recognized by the signatory states that no single standard for the treatment of sewage or industrial wastes is applicable in all parts of the district due to such variable factors as size, flow, location, character, self-purification, and usage of waters within the district. The guiding principle of this compact shall be that pollution by sewage or industrial wastes originating within a signatory state shall not injuriously affect the various uses of the interstate waters as hereinbefore defined.

All sewage from municipalities or other political subdivisions, public or private institutions, or corporations, discharged or permitted to flow into those portions of the Ohio River and its tributary waters which form boundaries between or are contiguous to two (2) or more signatory states, or which flow from one (1) signatory state into another signatory state, shall be so treated, within a time reasonable for the construction of the necessary works, as to provide for substantially complete removal of settleable solids, and the removal of not less than forty-five percent (45 percent) of the total suspended solids: Provided, That in order to protect the public health or to preserve the waters for other legitimate purposes, including those specified in Article 1, in specific instances such higher degree of treatment shall be used as may be determined to be necessary by the commission after investigation, due notice, and hearing.

All industrial wastes discharged or permitted to flow into the aforesaid waters shall be modified or treated, within a time reasonable for the construction of the necessary works, in order to protect the public health or to preserve the waters for other legitimate purposes, including those specified in Article 1, to such degree as may be determined to be necessary by the commission after investigation, due notice, and hearing.

All sewage or industrial wastes discharged or permitted to flow into tributaries of the aforesaid waters situated wholly within one (1) state shall be treated to that extent, if any, which may be necessary to maintain such waters in a sanitary and satisfactory condition at least equal to the condition of the waters of the interstate stream immediately above the confluence.

The commission is hereby authorized to adopt, prescribe, and promulgate rules, regulations, and standards for administering and enforcing the provisions of this article.

Article 7.

Nothing in this compact shall be construed to limit the powers of any signatory state, or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state, imposing additional conditions and restrictions to further lessen or prevent the pollution of waters within its jurisdiction.

Article 8.

The commission shall conduct a survey of the territory included within the district, shall study the pollution problems of the district and shall make a comprehensive report for the prevention or reduction of stream pollution therein. In preparing such report, the commission shall confer with any national or regional planning body which may be established, and any department of the federal government authorized to deal with matters relating to the pollution problems of the district. The commission shall draft and recommend to the governors of the various signatory states uniform legislation dealing with the pollution of rivers, streams, and waters and other pollution problems within the district. The commission shall consult with and advise the various states, communities, municipalities, corporations, persons, or other entities with regard to particular problems connected with the pollution of waters, particularly with regard to the construction of plants for the disposal of sewage, industrial, and other waste. The commission shall, more than one (1) month prior to any regular meeting of the legislature of any state which is a party thereto, present to the governor of the state its recommendations relating to enactments to be made by any legislature in furthering the intents and purposes of his compact.

Article 9.

The commission may from time to time, after investigation and after a hearing, issue an order or orders upon any municipality, corporation, person, or other entity discharging sewage or industrial waste into the Ohio river or any other river, stream, or water, any part of which constitutes any part of the boundary line between any two (2) or more of the signatory states, or into any stream any part of which flows from any portion of one (1) signatory state through any portion of another signatory state. Any such order or orders may prescribe the date on or before which such discharge shall be wholly or partially discontinued, modified, or treated or otherwise disposed of. The commission shall give reasonable notice of the time and place of the hearing to the municipality, corporation, or other entity against which such order is proposed. No such order shall go into effect unless and until it receives the assent of at least a majority of the commissioners from each of not less than a majority of the signatory states; and no such order upon a municipality, corporation, person, or entity in any state shall go into effect unless and until it receives the assent of not less than a majority of the commissioners from such state.

It shall be the duty of the municipality, corporation, person, or other entity to comply with any such order issued against it or him by the commission and any court of general jurisdiction or any United States district court in any of the signatory states shall have the jurisdiction, by mandamus, injunction, specific performance, or other form of remedy, to enforce any such order against any municipality, corporation, or other entity domiciled or located within such state or whose discharge of the waste takes place within or adjoining such state, or against any employee, department, or subdivision of such municipality, corporation, person, or other entity: Provided, however, such court may review the order and affirm, reverse, or modify the same upon any of the grounds customarily applicable in proceedings for court review of administrative decisions. The commission or, at its request, the attorney general or other law enforcing official, shall have power to institute in such court any action for the enforcement of such order.

Article 10.

The signatory states agree to appropriate for the salaries, office, and other administrative expenses, their proper proportion of the annual budget as determined by the commission and approved by the governors of the signatory states, one-half (1/2) of such amount to be prorated among the several states in proportion to their population within the district at the last preceding federal census, the other half to be prorated in proportion to their land area within the district.

Article 11.

This compact shall become effective upon ratification by the legislatures of a majority of the states located within the district and upon approval by the Congress of the United States; and shall become effective as to any additional states signing thereafter at the time of such signing.

In Witness Whereof, The various signatory states have executed this compact through their respective compact commissioners.

The state of Indiana hereby consents that the state of Virginia may become a party to and a signatory state of the aforesaid compact as fully as if it had been expressly named herein.

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

As added by P.L.1-1996, SEC.19. Amended by P.L.109-2015, SEC.32.
Ind. Code § 13-20-13-5 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-5
Duties of certificate of registration holders
Status: in_force

Note: This version of section amended by P.L.135-2026, SEC.197, effective 7-1-2026. See also following version of this section amended by P.L.152-2026, SEC.207, effective 7-1-2027.

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 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 fire prevention and building safety commission 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.135-2026, SEC.197.
Ind. Code § 13-18-10.7-1 — Indiana Code / Title 13 / Article 18 / Chapter 10.7 / Section 13-18-10.7-1
Onsite inspection of feeding operation
Status: in_force

Sec. 1. Subject to section 2 of this chapter, the department shall conduct an onsite inspection of a confined feeding operation:

(1) once within ninety (90) days after receipt of the construction or expansion affidavit required by IC 13-18-10-2.2; and

(2) not:

(A) earlier than forty-five (45) days before; or

(B) later than forty-five (45) days after;

a renewal of an approval under IC 13-18-10;

to verify compliance with the terms and conditions of the approval. However, the department may delay an onsite inspection under this section if the department determines that additional time is needed to comply with the biosecurity procedures developed under section 5 of this chapter. The department may conduct additional onsite inspections at its discretion.

As added by P.L.192-2025, SEC.3.
Ind. Code § 13-20-9-2 — Indiana Code / Title 13 / Article 20 / Chapter 9 / Section 13-20-9-2
Deposit of vegetative matter in solid waste landfill prohibited
Status: in_force

Sec. 2. Except as provided in section 4 of this chapter, a person may not knowingly deposit vegetative matter resulting from landscaping maintenance and land clearing projects in a solid waste landfill.

[Pre-1996 Recodification Citation: 13-7-29-3.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-26-11-1 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-1
Waterworks
Status: in_force

Sec. 1. The rates and charges for a waterworks may be determined based on the following:

(1) A flat charge for each connection.

(2) The amount of water consumed.

(3) The size of the meter or connection.

(4) Whether the property served has been or will be required to pay separately for the cost of any of the facilities of the works.

(5) A combination of these or other factors that the board determines is necessary to establish just and equitable rates and charges.

[Pre-1996 Recodification Citation: 13-3-2-22(a).]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-25-4-11 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-11
Lien
Status: in_force

Sec. 11. (a) After a response is initiated under:

(1) section 9 of this chapter; or

(2) IC 13-24-1;

the department may impose a lien on the property on which the response is undertaken. The lien may secure the payment to the state of an amount of money equal to the amount expended from the fund under section 1(a)(3) of this chapter to finance the response.

(b) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to set forth procedures to allow the department to impose a lien as described in this section.

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

As added by P.L.1-1996, SEC.15. Amended by P.L.135-2026, SEC.261.
Ind. Code § 13-11-2-197 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-197
"Secondary containment structure"
Status: in_force

Sec. 197. "Secondary containment structure", for purposes of IC 13-18-5, means a structure or a part of a structure that prevents or impedes a hazardous material that is released accidentally from entering surface water or groundwater.

[Pre-1996 Recodification Citation: 13-1-3-19(c).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-14-1-11.5 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-11.5
Use by department of policy or statement; presentation to appropriate board; public dissemination; expiration
Status: in_force

Sec. 11.5. (a) If the department proposes to utilize a policy or statement that:

(1) interprets, supplements, or implements a statute or rule;

(2) has not been adopted in compliance with IC 4-22-2;

(3) is not intended by the department to have the effect of law; and

(4) is not related solely to internal department organization;

the proposed policy or statement may not be put into effect until the requirements of subsection (b) have been met.

(b) The department shall present the proposed policy or statement under subsection (a) to the appropriate board. At least forty-five (45) days before the presentation, the department shall make available to the public, including posting on the department's website:

(1) the proposed policy or statement;

(2) information on the availability for public inspection of all materials relied upon by the department in the development of the proposed policy or statement, including, if applicable:

(A) health criteria;

(B) analytical methods;

(C) treatment technology;

(D) economic impact data;

(E) environmental assessment data; and

(F) other background data;

(3) the date, time, and location of the presentation under this subsection to the appropriate board; and

(4) information regarding the opportunity for a person to comment to the department and the appropriate board on the proposed policy or statement before or at the time of the presentation under this subsection.

The department shall provide to the appropriate board at the time of the presentation under this subsection a copy of all comments made by a person under subdivision (4). The proposed policy or statement may not be put into effect until thirty (30) days after the policy or statement is presented to the appropriate board.

(c) If the department utilizes a policy or statement described in subsection (a), the department shall distribute:

(1) two (2) copies of the policy or statement to the publisher of the Indiana Register for publication in the Indiana Register; and

(2) the copies required under IC 4-23-7.1-26 to the Indiana library and historical department.

(d) The department shall:

(1) maintain a current list of all department policies and statements described in subsection (a) that the department may use in the department's external affairs; and

(2) update the list at least one (1) time each month.

(e) The department shall include the following information on the list described in subsection (d) for each policy or statement:

(1) The title of the policy or statement.

(2) The identification number of the policy or statement.

(3) The date the policy or statement was originally adopted.

(4) The date the policy or statement was last revised.

(5) A reference to all other policies or statements described in subsection (a) that are repealed or amended by the policy or statement.

(6) A brief description of the subject matter of the policy or statement.

(f) At least one (1) time every three (3) months, the department shall distribute two (2) copies of the list maintained and updated under subsection (d) to the following:

(1) The publisher of the Indiana Register.

(2) The Indiana library and historical department.

(g) A policy or statement put into effect by this section after July 1, 2026, expires January 1 of the fifth year after the year in which the policy or statement takes effect, unless the policy or statement expires or is repealed on an earlier date or is reauthorized under this section.

As added by P.L.127-1996, SEC.1. Amended by P.L.261-1999, SEC.2; P.L.240-2003, SEC.3; P.L.23-2026, SEC.91; P.L.135-2026, SEC.78.
Ind. Code § 13-21-4-2 — Indiana Code / Title 13 / Article 21 / Chapter 4 / Section 13-21-4-2
County executives; resolutions; contents
Status: in_force

Sec. 2. (a) If a county seeks to withdraw from a joint district that consists of more than two (2) counties, the county executive must:

(1) adopt two (2) identical resolutions:

(A) at least fifteen (15) days apart; and

(B) not more than forty-five (45) days apart; and

(2) submit both resolutions to the board of the joint district and to the commissioner.

The resolution must specify that the county withdraws from the joint district.

(b) If a county seeks to withdraw from and dissolve a joint district that consists of only two (2) counties, the county executive must:

(1) adopt two (2) identical resolutions:

(A) at least fifteen (15) days apart; and

(B) not more than forty-five (45) days apart; and

(2) submit both resolutions to the county executive of the other county and to the commissioner.

The resolution must specify that the county withdraws from and dissolves the joint district.

(c) If a joint district that consists of more than two (2) counties seeks to remove a county from the joint district, the county executive of each county that would remain in the joint district after the county is removed must:

(1) adopt two (2) identical resolutions:

(A) at least fifteen (15) days apart; and

(B) not more than forty-five (45) days apart; and

(2) submit both resolutions to the county executive of the county that would be removed and to the commissioner.

The resolution must specify that the joint district removes the county from the joint district.

[Pre-1996 Recodification Citation: 13-9.5-2.3-2.]

As added by P.L.1-1996, SEC.11. Amended by P.L.74-2002, SEC.3.
Ind. Code § 13-20-20-11 — Indiana Code / Title 13 / Article 20 / Chapter 20 / Section 13-20-20-11
Termination of grant
Status: in_force

Sec. 11. (a) The department may terminate a grant awarded under this chapter if the department determines that there:

(1) has been no sustained progress in meeting a timetable established in section 3(b)(6)(E) of this chapter;

(2) is substantial evidence that a grant was obtained by fraud; or

(3) is substantial evidence of gross abuse or corrupt practices in the administration or implementation of a project.

(b) If the department terminates a grant, the grantee shall return the full amount of the grant received.

[Pre-1996 Recodification Citation: 13-7-33-16.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-30-1-1 — Indiana Code / Title 13 / Article 30 / Chapter 1 / Section 13-30-1-1
Declaratory or equitable relief in name of state
Status: in_force

Sec. 1. Under this chapter:

(1) the attorney general;

(2) a state, city, town, county, or local agency or officer vested with the authority to seek judicial relief;

(3) a citizen of Indiana; or

(4) a corporation, a limited liability company, a partnership, or an association maintaining an office in Indiana;

may bring an action for declaratory and equitable relief in the name of the state of Indiana against an individual, a partnership, a copartnership, a firm, a company, a corporation, a limited liability company, an association, a joint stock company, a trust, an estate, a state agency or an officer of the state, a city, a town, a county, a local governmental unit, an agency, or an official of a city, a town, a county, a local governmental unit, or an agency, or any other legal entity or their legal representative, agent, or assigns for the protection of the environment of Indiana from significant pollution, impairment, or destruction.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-11-2-60 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-60
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.1. Repealed by P.L.135-2026, SEC.17.
Ind. Code § 13-21-3-13 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-13
Powers of board
Status: in_force

Sec. 13. (a) A board may do the following:

(1) Enter into agreements concerning and acquire by any lawful means real property or interests in real and personal property needed for the purposes of this section or IC 13-21-9.

(2) Enter into financing agreements to purchase, lease as lessee, construct, remodel, rebuild, enlarge, or substantially improve facilities.

(3) Lease facilities to users or developers with or without an option to purchase.

(4) Sell facilities to users or developers for consideration, which may be paid in installments or otherwise.

(5) Make direct loans to users or developers for the cost of acquisition, construction, or installation of facilities, including real property, machinery, or equipment. If loans are made, the development bonds must be secured by the pledge of one (1) or more bonds or other secured or unsecured debt obligations of the users or developers.

(6) Enter into agreements with users or developers to allow the users or developers to wholly or partially acquire, construct, or modify facilities to be acquired by the district.

(7) Issue waste management development bonds under IC 13-21-9 to do the following:

(A) Accomplish the purposes of this section and IC 13-21-9.

(B) Secure payment of the development bonds as provided in IC 13-21-9.

(b) This section or IC 13-21-9 does not authorize the district's financing of facilities for a developer unless any agreement that exists between a developer and a user is fully disclosed to and approved by the board.

[Pre-1996 Recodification Citation: 13-9.5-9-5(a), (b).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-232 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-232
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.1. Repealed by P.L.135-2026, SEC.39.
Ind. Code § 13-14-9-16 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-16
Expiration of rule document; publisher notification of failure to adopt a rule
Status: in_force

Sec. 16. (a) For a rule document subject to this chapter, the one (1) year period established under IC 4-22-2-25 in which to adopt a rule and obtain the approval or deemed approval of the governor commences on the date that the initial public comment period notice for the rule document is published in the Indiana Register under section 4 of this chapter.

(b) If an agency determines that a rule cannot be adopted within one (1) year after the publication of the notice, the department shall, before two hundred fifty (250) days following the publication of the notice, notify the publisher by electronic means:

(1) the reasons why the rule was not adopted and the expected date the rule will be completed; and

(2) the expected date the rule will be approved or deemed approved by the governor or withdrawn under IC 4-22-2-41.

(c) If a rule is not approved before the later of:

(1) one (1) year after the department publishes the initial notice of intent under this chapter; or

(2) the expected date contained in a notice concerning the rule that is provided to the publisher under subsection (b);

a later approval or deemed approval is ineffective, and the rule may become effective only through another rulemaking action initiated under this chapter.

As added by P.L.249-2023, SEC.66.
Ind. Code § 13-18-10.7-5 — Indiana Code / Title 13 / Article 18 / Chapter 10.7 / Section 13-18-10.7-5
Requirements for inspections
Status: in_force

Sec. 5. An onsite inspection of a confined feeding operation must be conducted in compliance with:

(1) 327 IAC 19-4-1;

(2) biosecurity procedures developed by the department in consultation with the:

(A) Indiana state board of animal health; and

(B) United States Environmental Protection Agency; and

(3) reasonable site-specific biosecurity protocols for the confined feeding operation.

As added by P.L.192-2025, SEC.3.
Ind. Code § 13-26-2-6 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-6
Notice and hearing
Status: in_force

Sec. 6. (a) Except as provided in section 9 of this chapter, the hearing officer shall fix a time and place inside or within ten (10) miles of the proposed district for the hearing on any matter for which a hearing is authorized under this chapter.

(b) The hearing officer shall make a reasonable effort to provide notice of the hearing as follows:

(1) By publication of notice two (2) times each week for two (2) consecutive weeks:

(A) with each notice:

(i) published in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, in the district;

(ii) at a minimum, including a legal notice and a prominently displayed three (3) inches by five (5) inches advertisement; and

(iii) published through electronic means in a manner that maximizes notice of the hearing; or

(B) with the first publication of notice in the newspapers described in clause (A) and all subsequent publications of notice:

(i) in accordance with IC 5-3-5 and on the official website of each of the counties, in whole or in part, in the district; or

(ii) in an electronic manner that maximizes notice of the hearing to the impacted individuals.

(2) By United States mail or electronically sent at least two (2) weeks before the hearing to the following:

(A) The fiscal and executive bodies of each county with territory in the proposed district.

(B) The executive of all other eligible entities with territory in the proposed district, including the executive of a city or town that has:

(i) a municipal sewage works under IC 36-9-23; or

(ii) a public sanitation department under IC 36-9-25;

having extraterritorial jurisdiction within the boundaries of the area to be included in the proposed district.

(C) The state and any of its agencies owning, controlling, or leasing land within the proposed district, excluding highways and public thoroughfares owned or controlled by the Indiana department of transportation.

(D) Each sewage disposal company holding a certificate of territorial authority under IC 8-1-2-89 respecting territory in the proposed district.

(3) By making a reasonable effort to provide notice of the hearing by regular United States mail, postage prepaid, mailed at least two (2) weeks before the hearing to each freeholder within the proposed district or electronically at least two (2) weeks before the hearing to each freeholder within the proposed district.

(4) By including the date on which the hearing is to be held and a brief description of:

(A) the subject of the petition, including a description of the general boundaries of the area to be included in the proposed district; and

(B) the locations where copies of the petition are available for viewing.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.106-2000, SEC.1; P.L.1-2001, SEC.22; P.L.263-2013, SEC.7; P.L.165-2018, SEC.4; P.L.152-2021, SEC.14; P.L.27-2024, SEC.9.
Ind. Code § 13-11-2-121 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-121
"Low level radioactive waste"
Status: in_force

Sec. 121. (a) "Low level radioactive waste", for purposes of IC 13-22-10, means radioactive material that:

(1) is not:

(A) high level radioactive waste;

(B) spent nuclear fuel; or

(C) byproduct material; and

(2) is classified by the United States Nuclear Regulatory Commission, in accordance with law, as low level radioactive waste.

(b) "Low-level radioactive waste" or "waste", for purposes of IC 13-29-1, means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in Section 11e.(2) of the Atomic Energy Act of 1954.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-8.6-2(i); subsection (b) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-25-10 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-10
Voluntary reporting of recycling activities
Status: in_force

Sec. 10. (a) A person:

(1) who:

(A) is not required to submit a recycling activity report under section 9 of this chapter; but

(B) recycled recyclable materials during a calendar year;

(2) who:

(A) meets the definition of "scrap metal processing facility" set forth in IC 8-23-1.1-35;

(B) meets the definition of "automotive salvage recycler" set forth in IC 9-13-2-10;

(C) meets the definition of "recycling facility" set forth in IC 9-13-2-150.3;

(D) is engaged in business subject to IC 9-22-3;

(E) meets the definition of "automotive salvage rebuilder" set forth in IC 9-32-2.1-5;

(F) meets the definition of "scrap metal processor" set forth in IC 13-11-2-196.5;

(G) meets the definition of "core buyer" set forth in IC 25-37.5-1-0.2; or

(H) meets the definition of "valuable metal dealer" set forth in IC 25-37.5-1-1(b); or

(3) who:

(A) is not required to submit a recycling activity report under section 9 of this chapter; but

(B) took action during a calendar year to recover, from the solid waste stream, for purposes of:

(i) use or reuse;

(ii) conversion into raw materials; or

(iii) use in the production of new products;

materials that were not municipal waste;

may voluntarily submit a recycling activity report to the commissioner concerning the person's recycling activity during the calendar year.

(b) The commissioner may include information reported to the commissioner under this section in the annual reports that the commissioner is required to submit under IC 4-23-5.5-6.

As added by P.L.126-2014, SEC.9. Amended by P.L.151-2015, SEC.79; P.L.147-2015, SEC.16; P.L.130-2018, SEC.68; P.L.104-2024, SEC.34; P.L.135-2026, SEC.210; P.L.145-2026, SEC.92.
Ind. Code § 13-26-4-3 — Indiana Code / Title 13 / Article 26 / Chapter 4 / Section 13-26-4-3
Appointments
Status: in_force

Sec. 3. Instead of electing the board, an order establishing a district may provide for appointments to the board by the elected executive or legislative officers of the eligible entities having territory in the district.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-22-10-9 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-9
Repealed
Status: repealed

As added by P.L.124-1996, SEC.15. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-11-2-178 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-178
"Railroad car"
Status: in_force

Sec. 178. "Railroad car", for purposes of section 134 of this chapter, means a vehicle that can be used for the transportation of municipal waste on a railroad.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-16-14 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-14
Sewage treatment plants; inefficient supervision or operation; orders to appoint superintendent
Status: in_force

Sec. 14. (a) If a sewage treatment works or plant is not producing a reasonably pure effluent because of inefficient supervision or operation and has consequently:

(1) made any public water supply impure or dangerous to health;

(2) polluted any waters; or

(3) created a public nuisance;

the commissioner may under IC 13-30-3-10 through IC 13-30-3-12 order the person responsible for the sewage treatment works or plant to appoint, not later than fifteen (15) days after the commissioner's order, a competent person to take charge of and superintend the operation of the sewage treatment works or plant.

(b) The commissioner must approve the person appointed in response to the commissioner's order under subsection (a). However, the person responsible for the sewage treatment works or plant shall pay the salary of the person appointed.

[Pre-1996 Recodification Citation: 13-7-14-8.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-25-4-24 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-24
Contaminated property; restrictive covenants
Status: in_force

Sec. 24. (a) This section applies to real property that is:

(1) the site of an existing or former hazardous waste facility that is or was subject to regulation under:

(A) IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14; or

(B) Subchapter III of the federal Solid Waste Disposal Act (42 U.S.C. 6921 through 6939e); or

(2) a site:

(A) on which a hazardous substance has been:

(i) deposited;

(ii) stored; or

(iii) disposed of; and

(B) that is or was listed on the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) in accordance with Section 116 of CERCLA (42 U.S.C. 9616);

if more than an insignificantly small amount of a hazardous substance remains on or beneath the surface of that property after the partial or final closure of a hazardous waste facility located on the property or the completion of a remedial action on the property under CERCLA or this chapter.

(b) The owner of real property described in subsection (a) shall execute and record, in the office of the county recorder of the county in which the property is located, a restrictive covenant applying to the property if the commissioner determines that a restrictive covenant meeting the requirements set forth in subsection (c) is necessary to protect the public health or welfare or the environment from unreasonable risk of future exposure to a hazardous substance.

(c) A restrictive covenant required under this section must:

(1) to the extent feasible, describe:

(A) the identity, quantity, and location of every hazardous substance:

(i) deposited;

(ii) stored;

(iii) disposed of; or

(iv) placed;

on the property; and

(B) the extent to which each hazardous substance remains on the property; and

(2) incorporate the conditions and restrictions that the commissioner considers necessary to assure that the future use of the property will not disturb the final cover, any liners, or any components of the hazardous substance containment system on the property, or disturb the function of the monitoring system on the property, unless the commissioner finds that the disturbance:

(A) is necessary to the proposed use of the property and will not increase the potential hazards to human health or to the environment; or

(B) is necessary to mitigate a threat to human health or to the environment.

(d) A restrictive covenant required by this section is subject to modification under IC 13-14-2-9.

[Pre-1996 Recodification Citation: 13-7-8.7-12.]

As added by P.L.1-1996, SEC.15. Amended by P.L.220-2014, SEC.34.
Ind. Code § 13-20-19-2 — Indiana Code / Title 13 / Article 20 / Chapter 19 / Section 13-20-19-2
Requirements of coding
Status: in_force

Sec. 2. Each bottle and plastic container described in section 1 of this chapter must be coded. The coding must consist of a three (3) sided triangular arrow with a number in the center and letters underneath. The number and letters must indicate the resin from which the container is made as follows:

(1) One (1) and "PETE" for polyethylene terephthalate.

(2) Two (2) and "HDPE" for high density polyethylene.

(3) Three (3) and "V" for vinyl.

(4) Four (4) and "LDPE" for low density polyethylene.

(5) Five (5) and "PP" for polypropylene.

(6) Six (6) and "PS" for polystyrene.

(7) Seven (7) and "Other" for other materials, including multi-layer materials.

[Pre-1996 Recodification Citation: 13-7-22-1(b).]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-26-5-2.6 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-2.6
Large parcel exemption
Status: in_force

Sec. 2.6. A district may not require the owner of a property described in section 2(8) of this chapter to connect to the district's sewer system if:

(1) the property is located on at least ten (10) acres;

(2) the owner can demonstrate the availability of at least two (2) areas on the property for the collection and treatment of sewage that will protect human health and the environment;

(3) the waste stream from the property is limited to domestic sewage from a residence or business;

(4) the system used to collect and treat the domestic sewage has a maximum design flow of seven hundred fifty (750) gallons per day; and

(5) the owner, at the owner's expense, obtains and provides to the district a certification from the local health department or the department's designee that the system is functioning satisfactorily.

As added by P.L.97-2012, SEC.11.
Ind. Code § 13-11-2-198 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-198
"Self-insurance"
Status: in_force

Sec. 198. "Self insurance", for purposes of IC 13-22-9, means the practice of meeting expenses when those expenses are incurred with financial resources that:

(1) were previously set aside for the purpose of meeting those expenses; or

(2) are not committed to another purpose;

rather than through a trust fund, a surety bond, a letter of credit, or an insurance policy.

[Pre-1996 Recodification Citation: 13-7-32-1.5.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-257 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-257
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.1. Repealed by P.L.159-2011, SEC.49.
Ind. Code § 13-23-12-2 — Indiana Code / Title 13 / Article 23 / Chapter 12 / Section 13-23-12-2
Payment of fee in installments
Status: in_force

Sec. 2. If the total amount of the fees owed under this article exceed five hundred dollars ($500), the fee payer has the option of paying the annual fees in four (4) equal installment payments. The department shall establish a payment schedule to implement this section.

[Pre-1996 Recodification Citation: 13-7-20-32(b).]

As added by P.L.1-1996, SEC.13. Amended by P.L.220-2014, SEC.26.
Ind. Code § 13-14-2-9 — Indiana Code / Title 13 / Article 14 / Chapter 2 / Section 13-14-2-9
Modification of restrictive covenants
Status: in_force

Sec. 9. (a) This section applies to a restrictive covenant created in connection with a remediation project conducted under:

(1) IC 13-23;

(2) IC 13-24;

(3) IC 13-25-4; or

(4) IC 13-25-5.

(b) If:

(1) a change of conditions or an advancement in science or technology permits a modification of the conditions and restrictions imposed by a restrictive covenant; and

(2) the modification of the conditions and restrictions imposed by the restrictive covenant would not increase the potential hazards to human health or the environment;

the commissioner may, under subsection (c), authorize the filing in the office of the county recorder of a supplemental recording recognizing the modification of the conditions and restrictions of the restrictive covenant to reflect the change in conditions or advancement in science or technology.

(c) The commissioner may authorize the filing of a supplemental recording under subsection (b) if the owner of the real property that is subject to the restrictive covenant submits to the department:

(1) a written request for the modification of the covenant;

(2) a copy of the proposed modification of the restrictive covenant; and

(3) information indicating why the covenant should be modified.

The information submitted under subdivision (3) must be sufficient to enable the department to determine whether the proposed modification of the restrictive covenant will increase the potential hazards to human health or the environment. The commissioner may request additional information from the owner of the real property if necessary to the making of a determination under this subsection.

As added by P.L.220-2014, SEC.8. Amended by P.L.135-2026, SEC.84.
Ind. Code § 13-25-2-12 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-12
Permission to withhold chemical name and identity information
Status: in_force

Sec. 12. A person required under section 5(d)(2), 5(d)(3), 8, 9, 10, or 11 of this chapter to submit information to any other person may withhold from the information the specific chemical identity, including the chemical name and other specific identification as provided in 42 U.S.C. 11042 and regulations adopted by the administrator under 42 U.S.C. 11042.

[Pre-1996 Recodification Citation: 13-7-37-17.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-16.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-16.8
Repealed
Status: repealed

As added by P.L.189-2011, SEC.3. Repealed by P.L.135-2026, SEC.10.
Ind. Code § 13-12-1-5 — Indiana Code / Title 13 / Article 12 / Chapter 1 / Section 13-12-1-5
Repealed or replaced statutes and rules
Status: repealed

Sec. 5. Subject to section 8 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1996 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-24-2-2 — Indiana Code / Title 13 / Article 24 / Chapter 2 / Section 13-24-2-2
Liability for oil discharge response assistance
Status: in_force

Sec. 2. Notwithstanding any other law, except as provided in section 3 of this chapter and subject to section 4 of this chapter, a person is immune from liability under Indiana law for:

(1) removal costs incurred; or

(2) damage caused;

as a result of an act committed or omission made in the course of providing oil discharge response assistance.

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

As added by P.L.1-1996, SEC.14.
Ind. Code § 13-28-3-1 — Indiana Code / Title 13 / Article 28 / Chapter 3 / Section 13-28-3-1
Establishment
Status: in_force

Sec. 1. The department shall establish a technical and compliance assistance program.

[Pre-1996 Recodification Citation: 13-10-2-1.]

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-20.5-8-1 — Indiana Code / Title 13 / Article 20.5 / Chapter 8 / Section 13-20.5-8-1
Governmental entity may not require covered entity to use public recycling facilities
Status: in_force

Sec. 1. A city, a county, or any other governmental entity may not require a covered entity to use public facilities to recycle the covered entity's covered electronic devices to the exclusion of other lawful recycling programs available.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-232.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-232.8
"Ton"
Status: in_force

Sec. 232.8. "Ton", for purposes of IC 13-22-12-3.5, means a short ton.

As added by P.L.220-2014, SEC.7.
Ind. Code § 13-11-2-91 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-91
"Grantee"
Status: in_force

Sec. 91. "Grantee", for purposes of IC 13-20-20, means a person that receives a grant under IC 13-20-20.

[Pre-1996 Recodification Citation: 13-7-33-2.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-27-4 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-4
"Erosion"
Status: in_force

Sec. 4. As used in this chapter, "erosion" means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-20-8-2 — Indiana Code / Title 13 / Article 20 / Chapter 8 / Section 13-20-8-2
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-21-2.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.37-2012, SEC.27.
Ind. Code § 13-13-8-12 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-12
Technical secretary
Status: in_force

Sec. 12. (a) The board shall select, from a list of three (3) qualified individuals recommended by the governor, an independent third party who is not an employee of the state to serve as technical secretary of the board.

(b) Between meetings of the board, the department shall do the following:

(1) Handle correspondence.

(2) Make or arrange for investigations and surveys.

(3) Obtain, assemble, or prepare reports and data as directed by the board.

(c) The technical secretary shall review all materials prepared for the board by the department to make any necessary revisions. Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the technical secretary. The technical secretary is not a voting member of the board.

As added by P.L.133-2012, SEC.72.
Ind. Code § 13-11-2-102.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-102.6
"Host agreement"
Status: in_force

Sec. 102.6. "Host agreement", for purposes of IC 13-20-23, means a valid and enforceable agreement entered into between a county and another person for the payment of a disposal fee in exchange for the county's permission to construct or operate a landfill.

As added by P.L.133-1998, SEC.3.
Ind. Code § 13-20-21-10 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-10
Delinquency charge; revocation of permit
Status: in_force

Sec. 10. (a) In addition to the penalties described 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 solid waste annual operation fee or an installment established by the department under IC 13-16-2 to the department not more than sixty (60) days after the date the fee is assessed or not more 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 solid waste annual operation fee or ten percent (10%) of the installment, whichever is applicable. A delinquency charge is due and payable sixty (60) days after the date the solid waste annual operation fee is assessed or thirty (30) days after the date an installment is due.

(b) If a person does not remit a solid waste annual operation fee or an installment established by the department under IC 13-16-2 and any applicable delinquency charge not more than ninety (90) days after the date the solid waste annual operation fee is assessed or not more than sixty (60) days after the date the installment is due, the department may revoke the person's permit. However, before the department may revoke the permit:

(1) not earlier than sixty (60) days after the date the solid waste annual operation fee is assessed or not earlier than thirty (30) days after the date the installment is due; and

(2) not later than thirty (30) days before the department revokes the permit;

the department must deliver a written notice to the person that describes what fees and delinquency charges are due and indicates that the department may revoke the person's permit for nonpayment after thirty (30) days.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.130-1996, SEC.5; P.L.2-1997, SEC.45.
Ind. Code § 13-18-27-2 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-2
"Construction activities"
Status: in_force

Sec. 2. As used in this chapter, "construction activities" include clearing, grading, and excavating.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-11-2-2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-2
"Administrator"
Status: in_force

Sec. 2. (a) "Administrator", except as provided in subsection (b), refers to the administrator of the United States Environmental Protection Agency.

(b) "Administrator", for purposes of IC 13-23 and the administration of the ELTF, means the commissioner of the department of environmental management.

[Pre-1996 Recodification Citation: 13-7-37-1.]

As added by P.L.1-1996, SEC.1. Amended by P.L.176-2023, SEC.5.
Ind. Code § 13-20.5-7-5 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-5
Department public education and outreach
Status: in_force

Sec. 5. The department shall promote public participation in the activities implemented under this article through public education and outreach efforts.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-20-3-1 — Indiana Code / Title 13 / Article 20 / Chapter 3 / Section 13-20-3-1
County and state of origin of solid waste; certification to transfer station or final disposal facility; weight determination; certified statements
Status: in_force

Sec. 1. (a) A solid waste hauler that takes solid waste to a transfer station or a final disposal facility located in Indiana shall certify to the owner or operator of the transfer station or final disposal facility the county and state of origin of the largest part of the solid waste by weight. If a transfer station or a final disposal facility does not have a scale suitable for weighing the solid waste received at the transfer station or final disposal facility, the following conversion factors shall be used to determine the weight of the solid waste by conversion from the volume of the solid waste:

(1) Three and three-tenths (3.3) cubic yards of compacted solid waste equals one (1) ton of solid waste.

(2) Six (6) cubic yards of uncompacted solid waste equals one (1) ton of solid waste.

(b) The owner or operator of a transfer station or final disposal facility who receives certified statements under subsection (a) shall do the following:

(1) Retain the statements for one (1) year.

(2) File quarterly reports with the department that state the county and state of origin of the largest part of the solid waste by weight received at the facility during the reporting period.

[Pre-1996 Recodification Citation: 13-9.5-11-1.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-17.5-6 — Indiana Code / Title 13 / Article 20 / Chapter 17.5 / Section 13-20-17.5-6
Public education programs
Status: in_force

Sec. 6. (a) The districts shall implement educational programs to provide information to the public concerning:

(1) the reuse and recycling of mercury in:

(A) mercury commodities; and

(B) mercury-added products; and

(2) collection programs available to the public for:

(A) mercury commodities; and

(B) mercury-added products.

(b) The department, with assistance from districts and other appropriate persons, shall develop and provide districts with a curriculum model that includes educational core principles concerning the reuse, recycling, and collection of mercury. The districts shall implement educational programs that meet the minimum standards established by the department in the curriculum model.

(c) Units, in cooperation and with the support of the department, may implement educational programs to provide information to the public concerning:

(1) the reuse and recycling of mercury in:

(A) mercury commodities; and

(B) mercury-added products; and

(2) collection programs available to the public for:

(A) mercury commodities; and

(B) mercury-added products.

As added by P.L.225-2001, SEC.15. Amended by P.L.37-2012, SEC.40.
Ind. Code § 13-22-11-4 — Indiana Code / Title 13 / Article 22 / Chapter 11 / Section 13-22-11-4
Contents of report; confidentiality for trade secrets
Status: in_force

Sec. 4. (a) The following information may be included with the report under section 3 of this chapter for the period covered by the report:

(1) A description of the industrial operation that generated the hazardous waste, including information on the following:

(A) The steps taken in the operation.

(B) The machinery and materials used in the operation.

(C) The inputs and outputs of the operation.

(2) Proposals that would implement waste reduction in the type of industrial operation that generated the hazardous waste.

(3) A statement that the information is accurate to the best of the generator's knowledge.

(4) Any other information the generator desires to provide to the department to obtain voluntary technical assistance from the department.

(b) A person who:

(1) submits information to the department under subsection (a); and

(2) believes that the information or a part of the information is a trade secret or otherwise warrants confidential treatment;

may submit the information under a claim of confidentiality in accordance with IC 13-14-11 and IC 5-14-3-4.

(c) A person who submits information under subsection (a) that is determined to be confidential may not unreasonably withhold permission from the department to disclose to the public general or generic information on waste reduction techniques derived from the submitted information if the disclosure will not divulge:

(1) the trade secret; or

(2) other specific, substantive basis of confidentiality.

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

As added by P.L.1-1996, SEC.12. Amended by P.L.122-1996, SEC.5.