Ind. Code § 13-25-6-1 — Indiana Code / Title 13 / Article 25 / Chapter 6 / Section 13-25-6-1
Application of chapter
Status: in_force

Sec. 1. This chapter does not apply to an occurrence involving the release or imminent release of less than twenty-five (25) pounds of active ingredient of a substance or a combination of substances that meets all of the following conditions:

(1) Was commercially produced and sold as a fertilizer, fungicide, herbicide, or pesticide.

(2) Is, at the time of the occurrence, in the possession of an individual who acquired the substance or combination of substances with the intent to use the substance for the purpose intended by the commercial producer:

(A) in a dwelling owned or occupied by the individual;

(B) in the yard adjacent to or surrounding a dwelling owned or occupied by the individual; or

(C) on a farm owned or operated by the individual.

[Pre-1996 Recodification Citation: 13-6-2-1.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-20-20-9 — Indiana Code / Title 13 / Article 20 / Chapter 20 / Section 13-20-20-9
Application for multiple grants; reapplication by previous recipient
Status: in_force

Sec. 9. (a) A unit or district may apply for more than one (1) grant under this chapter.

(b) A previous grant recipient under this chapter may reapply for additional grants within the same year only if money is available to the department after awarding grants to all other eligible applicants.

[Pre-1996 Recodification Citation: 13-7-33-14.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-10-6 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-6
Conditions under which composting facility may be located less than 200 feet from residence
Status: in_force

Sec. 6. The active area of a composting facility may be located less than two hundred (200) feet from a residence if:

(1) no unit of local government with jurisdiction over:

(A) the residence; or

(B) the composting facility;

has adopted an ordinance under section 5 of this chapter or IC 13-7-35-6(b) (before its repeal); and

(2) the composting facility obtains written consent from the occupant and the owner of the residence.

[Pre-1996 Recodification Citation: 13-7-35-6(c).]

As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.12.
Ind. Code § 13-23-7-9 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-9
Repealed
Status: repealed

As added by P.L.137-2007, SEC.25. Amended by P.L.158-2013, SEC.192. Repealed by P.L.96-2016, SEC.20.
Ind. Code § 13-20-11-1 — Indiana Code / Title 13 / Article 20 / Chapter 11 / Section 13-20-11-1
Designation by department
Status: in_force

Sec. 1. The department shall designate employees of the department as landfill inspectors. However, the department may not designate a landfill inspector for a county that has a consolidated city.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.159-2011, SEC.30.
Ind. Code § 13-14-5-5 — Indiana Code / Title 13 / Article 14 / Chapter 5 / Section 13-14-5-5
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.83. Repealed by P.L.135-2026, SEC.90.
Ind. Code § 13-21-5-14 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-14
Disposal of certain waste materials required by plan
Status: in_force

Sec. 14. (a) A district plan must also include provisions for the management and disposal of the following materials for the term of the plan:

(1) Waste tires.

(2) Household hazardous waste.

(3) Used oil.

(4) White goods.

(5) Other classifications of waste provided for in the state plan.

(b) A district plan that sets forth provisions for the management and disposal of materials identified in subsection (a) must comply with all laws and rules governing the management and disposal of those materials.

[Pre-1996 Recodification Citation: 13-9.5-4-7.5 part.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-61.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-61.5
Repealed
Status: repealed

As added by P.L.123-1997, SEC.3. Repealed by P.L.57-2009, SEC.18.
Ind. Code § 13-21-3-5 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-5
Board of directors; membership
Status: in_force

Sec. 5. (a) Except as provided in subsections (b) through (e), the board of a county district consists of the following members:

(1) Two (2) members appointed by the county executive from the membership of the county executive.

(2) One (1) member appointed by the county fiscal body from the membership of the fiscal body.

(3) One (1) member:

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

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

(4) One (1) member of the legislative body of the municipality with the largest population in the county appointed by the legislative body of that municipality.

(5) One (1) of the following:

(A) A member who is the executive of a city in the county that is not the municipality having the largest population in the county and who is appointed by the executive of the county to represent the municipalities in the county other than the municipality having the largest population.

(B) A member who is a member of the legislative body of a town in the county that is not the municipality having the largest population in the county and who is appointed by the executive of the county to represent the municipalities in the county other than the municipality having the largest population.

(C) If the county contains only one (1) municipality, a member who is a freeholder whose freehold is located in the conservancy district that:

(i) is located entirely within the county; and

(ii) contains the greatest number of freeholds of any conservancy district located in the county;

and who is appointed to the board of the county district by the board of the conservancy district.

(6) One (1) additional member appointed by the county executive from the membership of the county executive.

(b) If a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) is designated as a county district, the executives of the three (3) cities in the county having the largest populations each serve as a member of the board or may appoint a member of the legislative body of their city to serve as a member of the board. If a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) is designated as a county district, the executives of the two (2) cities in the county having the largest populations each serve as a member of the board. If a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) is designated as a county district, the board of that county district must include the following:

(1) One (1) member of the legislative body of the city having the second largest population in the county, appointed by the president of the city legislative body.

(2) One (1) member of the legislative body of a town located in the county, appointed by the judge of the circuit court in the county.

(c) If a county having a consolidated city is designated a county district, the board of public works established under IC 36-3-5-6 constitutes the board of the county district.

(d) If a county designated as a county district has a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), the board of the district consists of the following members:

(1) One (1) member appointed by the county executive from the membership of the county executive.

(2) Two (2) members appointed from the county fiscal body appointed from the membership of the county fiscal body.

(3) The executive of each second or third class city or a member of the legislative body of their city appointed by the executive.

(4) One (1) member of the legislative body of each town appointed by the legislative body.

(5) One (1) member of the legislative body of the municipality with the largest population in the county appointed by the legislative body of that municipality.

(6) If a local government unit in the county has an operating final disposal facility located within the unit's jurisdiction, one (1) member of the unit's board of public works appointed by the board of public works.

(e) This subsection applies only to a county that does not contain a city. If the county executive and the county fiscal body of a county designated as a county district agree, the board of the district shall consist of the following nine (9) or ten (10) members:

(1) The three (3) members of the county executive.

(2) Two (2) members of the county fiscal body, chosen by the county fiscal body.

(3) One (1) member of each of the town legislative bodies of the four (4) or five (5) towns in the county having the largest population, chosen by each town legislative body.

[Pre-1996 Recodification Citation: 13-9.5-2-5.]

As added by P.L.1-1996, SEC.11. Amended by P.L.110-1998, SEC.1; P.L.189-2005, SEC.3; P.L.119-2012, SEC.113; P.L.60-2017, SEC.3; P.L.104-2022, SEC.85.
Ind. Code § 13-18-10-1.9 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-1.9
Application of the law to certain confined feeding operations
Status: in_force

Sec. 1.9. (a) This section applies:

(1) to a confined feeding operation for which a person is required to submit an application for approval under section 1 of this chapter if an application for approval under section 1 of this chapter submitted with respect to the confined feeding operation was not approved by the department before May 12, 2009; and

(2) notwithstanding the effective date of the addition or amendment by P.L.127-2009 of the provisions listed in subsection (b)(1) through (b)(8).

(b) The following, as added or amended by P.L.127-2009, effective July 1, 2009, apply to a confined feeding operation described in subsection (a)(1) in the same manner as if they had been in effect on the date on which the application was submitted with respect to the confined feeding operation under section 1 of this chapter:

(1) IC 13-11-2-8.

(2) IC 13-11-2-40.

(3) IC 13-11-2-191.

(4) Section 1 of this chapter.

(5) Section 2 of this chapter.

(6) Section 2.1 of this chapter.

(7) Section 2.2 of this chapter.

(8) Section 4 of this chapter.

As added by P.L.1-2010, SEC.63.
Ind. Code § 13-17-4-1 — Indiana Code / Title 13 / Article 17 / Chapter 4 / Section 13-17-4-1
Public policy
Status: in_force

Sec. 1. The discharge into the outdoor atmosphere of air contaminants that would cause air pollution and create a public nuisance is contrary to the public policy of the state and this article.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-18-19-2 — Indiana Code / Title 13 / Article 18 / Chapter 19 / Section 13-18-19-2
Issuance of NPDES permits
Status: in_force

Sec. 2. (a) The department may issue National Pollutant Discharge Elimination System (NPDES) permits containing conditions that include alternate water quality based effluent limits that:

(1) are based on receiving water flows associated with, or characteristic of:

(A) wet weather events of various degrees of duration and intensity; or

(B) low flow stream conditions derived on a monthly, quarterly, or annual basis;

(2) provide increased mass limitations, concentration limitations, or mass and concentration limitations, for publicly owned treatment works (POTW) that:

(A) are capable of treating wastewater flows that exceed the design flow used to calculate normal water quality based effluent limitations; and

(B) as a result of the increased limitations, can reduce the volume of discharge of wastewater from plant bypasses or combined sewer overflows; or

(3) include any factor or combination of factors described in subdivisions (1) and (2).

(b) The department may require an applicant for an NPDES permit containing at least one (1) of the conditions described in subsection (a) to document, in a reasonable manner, stream conditions and local controls that are germane to a condition described in subsection (a) before the department issues the NPDES permit.

As added by P.L.140-2000, SEC.22.
Ind. Code § 13-25-5-9 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-9
Review and evaluation; additional or corrected information
Status: in_force

Sec. 9. (a) After the commissioner and an applicant have signed a voluntary remediation agreement described under section 8 of this chapter, the department or a person under contract with the department shall do the following:

(1) Review and evaluate the site and the affected area surrounding the site.

(2) Review and evaluate the documentation of the investigation and feasibility study conducted by the applicant or the applicant's representative for accuracy and thoroughness.

(3) Review and evaluate the proposed voluntary remediation work plan for quality, efficiency, and safety based on guidelines established by the department.

(4) Make a recommendation to the commissioner concerning whether the commissioner should:

(A) approve;

(B) modify and approve; or

(C) reject;

the proposed voluntary remediation work plan.

(b) At any time during the evaluation of a proposed voluntary remediation work plan, the commissioner or the department may request that an applicant submit additional or corrected information to the department. An applicant may:

(1) comply with the request; or

(2) withdraw the applicant's proposed voluntary remediation work plan from consideration.

[Pre-1996 Recodification Citation: 13-7-8.9-14.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-236 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-236
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22.5-8.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.59.
Ind. Code § 13-28-3-2 — Indiana Code / Title 13 / Article 28 / Chapter 3 / Section 13-28-3-2
Purposes of program
Status: in_force

Sec. 2. (a) The assistance program established under this chapter shall do the following:

(1) Assist the regulated community with specific regulatory or permit matters pending with the department.

(2) Provide assistance to new and existing businesses and small municipalities in identifying:

(A) applicable environmental rules and regulations; and

(B) permit requirements;

that apply to new and existing businesses and small municipalities.

(3) Develop and distribute educational materials regarding:

(A) environmental requirements;

(B) compliance methods;

(C) voluntary environmental audits;

(D) pollution control technologies; and

(E) other compliance issues;

including standardized forms and procedures for completing permit applications.

(4) Provide public outreach and training sessions in cooperation with representatives of the business and municipal communities regarding existing and future state and federal environmental requirements.

(5) Develop and operate a clearinghouse to respond to inquiries from businesses and municipalities concerning applicable environmental rules, regulations, and requirements.

(6) Provide technical assistance concerning pollution control techniques to local and state governmental entities and businesses and distribute educational materials regarding pollution prevention developed by the department.

(7) Provide administrative and technical support for the compliance advisory panel established by IC 13-13-7.1-1.

(8) Conduct other activities as required to:

(A) improve regulatory compliance; and

(B) promote cooperation and assistance in meeting environmental requirements.

(b) The assistance program may provide limited onsite assistance to provide compliance information and technical assistance to a small business or small municipality, subject to the confidentiality provisions of section 4 of this chapter. The assistance program may use money from the environmental management special fund to implement this subsection. The assistance program may limit the number of inspections per year and restrict onsite assistance to specific programs.

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

As added by P.L.1-1996, SEC.18. Amended by P.L.12-2005, SEC.5; P.L.53-2014, SEC.128; P.L.135-2026, SEC.291.
Ind. Code § 13-20.5-7-4 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-4
Repealed
Status: repealed

As added by P.L.178-2009, SEC.27. Amended by P.L.53-2014, SEC.127; P.L.112-2016, SEC.22. Repealed by P.L.130-2018, SEC.70.
Ind. Code § 13-26-7-4 — Indiana Code / Title 13 / Article 26 / Chapter 7 / Section 13-26-7-4
Dissolution of district; interest in assets; limitations
Status: in_force

Sec. 4. If the commissioner orders a district dissolved as permitted in IC 13-26-6-4, the interest an entity has in the assets of the district is limited to those assets remaining after the payment of all other liabilities of the district.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-25-6-5 — Indiana Code / Title 13 / Article 25 / Chapter 6 / Section 13-25-6-5
Action for reimbursement
Status: in_force

Sec. 5. An emergency response agency or a governmental entity may obtain reimbursement under this chapter by filing an action for reimbursement in a court of general jurisdiction of:

(1) a county in which a hazardous materials emergency arose; or

(2) the county in which the unit that established the fire department is located, if the emergency response agency is a fire department that:

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

(B) employs:

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

(ii) only full-time paid members.

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

As added by P.L.1-1996, SEC.15. Amended by P.L.33-2001, SEC.2.
Ind. Code § 13-21-7-10 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-10
Certification of tax levy; distribution of tax
Status: in_force

Sec. 10. (a) The tax levied each year shall be certified to the following:

(1) The controller of the district.

(2) The county auditor of each county within the district.

(b) The:

(1) county auditor shall estimate and enter the tax levied and certified upon the tax duplicate; and

(2) county treasurer shall collect and enforce the tax;

in the same manner as county taxes are estimated, entered, collected, and enforced.

(c) As the county treasurer collects the tax, the tax shall be:

(1) transferred to the controller of the district;

(2) kept in a separate fund to be known as the waste management district bond fund; and

(3) applied to the payment of the principal of and interest on the waste management district bonds as the bonds become due and to no other purpose, except as provided in IC 5-1-13 and IC 5-1-14.

[Pre-1996 Recodification Citation: 13-9.5-9-3(i).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-6-4 — Indiana Code / Title 13 / Article 20 / Chapter 6 / Section 13-20-6-4
Suspension of waste transfer activities of nonresident operator or operator that failed inspection; notice; contents; reinstatement
Status: in_force

Sec. 4. (a) The commissioner may, by order, do the following:

(1) Suspend the waste transfer activities of an operator who is not a resident of Indiana if the operator is not properly licensed, certified, or permitted to conduct waste transfer activities in another state in which the operator does business.

(2) Suspend the waste transfer activities of a transfer station that does not meet the requirements of the inspection program established under section 7 of this chapter.

(b) An order issued by the commissioner under this section requiring an operator or transfer station to suspend operations must contain the date by which waste transfer activities must be suspended.

(c) After issuing an order requiring an operator or transfer station to suspend waste transfer activities but before the date by which the activities must be suspended, the department must provide notice in accordance with IC 13-14-2-1 to the following:

(1) Each regulated solid waste processing facility in Indiana.

(2) Each regulated solid waste disposal facility in Indiana.

(d) The notice described under subsection (c) must contain the following:

(1) The name of the operator or transfer station subject to the order.

(2) The date on which waste transfer activities are suspended under the order.

(3) If the order applies to a transfer station, the location of the transfer station.

(e) Upon a determination by the commissioner that an operator previously ordered to suspend waste transfer activities may engage again in waste transfer activities, the department shall immediately provide notice in accordance with IC 13-14-2-1 to each:

(1) regulated solid waste processing facility in Indiana; and

(2) regulated solid waste disposal facility in Indiana;

that the operator or transfer station will be allowed to resume waste transfer activities. The notice required under this subsection must contain the date on which the operator or transfer station will be allowed to resume waste transfer activities.

[Pre-1996 Recodification Citation: 13-7-10.5-13.]

As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005, SEC.15; P.L.263-2013, SEC.4.
Ind. Code § 13-11-2-79.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-79.5
"Fertilizer material"
Status: in_force

Sec. 79.5. "Fertilizer material", for purposes of IC 13-18-4-5, has the meaning set forth in IC 15-16-1.5-28.

As added by P.L.189-2011, SEC.6. Amended by P.L.98-2026, SEC.1.
Ind. Code § 13-25-5-10 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-10
Voluntary remediation work plan; approval, modification, or rejection
Status: in_force

Sec. 10. Subject to section 11 of this chapter, after receiving a recommendation under section 9 of this chapter, the commissioner shall:

(1) approve;

(2) modify and approve; or

(3) reject;

the proposed voluntary remediation work plan.

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

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-12-4-10 — Indiana Code / Title 13 / Article 12 / Chapter 4 / Section 13-12-4-10
Federal environmental impact statements
Status: in_force

Sec. 10. Any state agency that is required by the federal National Environmental Policy Act (P.L. 91-190) (42 U.S.C. 4321 et seq.) to file a federal environmental impact statement is exempt from the requirements of this chapter with respect to the action requiring the statement.

[Pre-1996 Recodification Citation: 13-1-10-8.]

As added by P.L.1-1996, SEC.2. Amended by P.L.135-2026, SEC.46.
Ind. Code § 13-18-10-1 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-1
Department approval necessary for confined feeding operations
Status: in_force

Sec. 1. (a) A person may not start:

(1) construction of a confined feeding operation; or

(2) expansion of a confined feeding operation that increases:

(A) animal capacity; or

(B) manure containment capacity; or

(C) both;

without obtaining the prior approval of the department.

(b) A person may not operate a confined feeding operation without obtaining the prior approval of the department.

[Pre-1996 Recodification Citation: 13-1-5.7-2.]

As added by P.L.1-1996, SEC.8. Amended by P.L.24-2004, SEC.3; P.L.81-2009, SEC.2; P.L.127-2009, SEC.5; P.L.1-2010, SEC.62; P.L.199-2014, SEC.1.
Ind. Code § 13-21-4-2.5 — Indiana Code / Title 13 / Article 21 / Chapter 4 / Section 13-21-4-2.5
Effective date of withdrawal or removal of a county from a joint district
Status: in_force

Sec. 2.5. (a) The withdrawal of a county from a joint district is effective upon:

(1) the later of:

(A) the date of delivery of both resolutions adopted under section (2)(a) of this chapter to the board of the joint district; or

(B) the effective date specified in the resolutions referred to in clause (A); or

(2) the later of:

(A) the date of delivery of both resolutions adopted under section (2)(b) of this chapter to the county executive of the other county; or

(B) the effective date specified in the resolutions referred to in clause (A).

(b) The removal of a county from a joint district is effective upon the later of:

(1) the latest date of delivery of all the resolutions adopted under section (2)(c) of this chapter to the county executive of the county that would be removed; or

(2) the effective date specified in the resolutions referred to in subdivision (1).

As added by P.L.74-2002, SEC.4.
Ind. Code § 13-20-20-10 — Indiana Code / Title 13 / Article 20 / Chapter 20 / Section 13-20-20-10
Exemptions
Status: in_force

Sec. 10. (a) A grant applicant may request an exemption from a requirement under this chapter by submitting a written request to the department.

(b) A request filed under this section must contain a detailed description of the basis for a requested exemption.

(c) The department shall review an exemption request with regard to:

(1) a potential nuisance;

(2) a hazard to public health or safety; or

(3) estimated degradation of the environment;

involved in the exemption request.

(d) An exemption granted by the department must:

(1) be in writing; and

(2) clearly state the reasons for the exemption.

[Pre-1996 Recodification Citation: 13-7-33-15.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-25-5-5 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-5
Rejection of application; reasons; completeness; list of information; department duties
Status: in_force

Sec. 5. (a) The department may reject an application submitted under section 2 of this chapter only for one (1) or more of the following reasons:

(1) A state or federal enforcement action that concerns the remediation of the hazardous substance or petroleum described in the application is pending.

(2) A federal grant requires an enforcement action at the site.

(3) The condition of the hazardous substance or petroleum described in the application constitutes an imminent and substantial threat to human health or the environment.

(4) The application is not complete.

(b) If an application is rejected under subsection (a)(4), the department, not more than forty-five (45) days after the department receives the application, shall provide the applicant with a list of all information needed to make the application complete. If the department fails to comply with this subsection, the application shall be considered completed for the purposes of this chapter.

(c) If the department rejects an application, the department shall do the following:

(1) As described under IC 4-21.5-3-4(b) and IC 4-21.5-3-4(c), notify the applicant that the department rejected the application.

(2) Explain the reason the department rejected the application.

[Pre-1996 Recodification Citation: 13-7-8.9-10.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-20-22-2.1 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-2.1
Policy on awarding of grants
Status: in_force

Sec. 2.1. (a) The department shall adopt and make available a policy concerning the award of grants under section 2 of this chapter.

(b) The policy must include the following considerations:

(1) No private sector services will be displaced if an equipment grant is awarded.

(2) The economic need of the district must be a consideration in awarding a grant.

As added by P.L.45-1997, SEC.10.
Ind. Code § 13-18-11-1.5 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-1.5
Certification program for operators
Status: in_force

Sec. 1.5. The board may adopt regulations to implement certification programs for operators of water treatment plants or water distribution systems. The certification program for the operators shall be classified in accordance with the complexity, size, and source of the water for the treatment system and the complexity and size for the distribution system.

As added by P.L.132-2000, SEC.3. Amended by P.L.133-2012, SEC.128; P.L.135-2026, SEC.163.
Ind. Code § 13-25-2-16 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-16
Civil actions by state or unit of local government
Status: in_force

Sec. 16. The state or a unit of local government may commence a civil action against an owner or operator of a facility for failure to do any of the following:

(1) Provide notification to the emergency response commission under section 3 of this chapter.

(2) Submit a material safety data sheet or a list under section 8 of this chapter.

(3) Make available information requested under section 8 of this chapter.

(4) Complete and submit an inventory form under section 9 of this chapter containing tier I information unless the requirement does not apply under section 9(b) of this chapter.

[Pre-1996 Recodification Citation: 13-7-37-20(b).]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-18-10.7-3 — Indiana Code / Title 13 / Article 18 / Chapter 10.7 / Section 13-18-10.7-3
Notice
Status: in_force

Sec. 3. The department shall notify the operator of a confined feeding operation of the date on which the department intends to conduct an onsite inspection under this chapter. The department shall provide notification under this section at least thirty (30) days before the intended date of the inspection. The confined feeding operation may waive notice under this section.

As added by P.L.192-2025, SEC.3.
Ind. Code § 13-22-10-23 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-23
Effects of granting certificate; limitations of local government
Status: in_force

Sec. 23. (a) A:

(1) certificate of environmental compatibility granted under:

(A) IC 13-7-8.6 (before its repeal); or

(B) this chapter (before the expiration of the sections of this chapter authorizing the hazardous waste facility site approval authority to grant certificates of environmental compatibility);

preempts any local government zoning or other land use regulations, laws, or ordinances; and

(2) person obtaining the certificate of environmental compatibility is not required to apply for approval by:

(A) a regional;

(B) a county; or

(C) a municipal;

zoning board or authority.

(b) Local government may not prohibit or unduly restrict:

(1) the transportation of hazardous waste or low level radioactive waste through the local government's area of jurisdiction that is en route to a facility; or

(2) the:

(A) treatment;

(B) storage; or

(C) disposal;

of hazardous waste or low level radioactive waste at a facility within the jurisdiction of the local government.

As added by P.L.124-1996, SEC.29. Amended by P.L.1-2001, SEC.21.
Ind. Code § 13-11-2-147 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-147
"Open dumping"
Status: in_force

Sec. 147. "Open dumping", for purposes of environmental management laws, means the act of disposing of solid waste at an open dump.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-27-5 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-5
"Erosion and sediment control measure"
Status: in_force

Sec. 5. As used in this chapter, "erosion and sediment control measure" means a practice, or a combination of practices, to control erosion and resulting sedimentation associated with construction activity.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-23-7-1 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-1
Purposes of ELTF; limit on payment of certain expenses; trust fund
Status: in_force

Sec. 1. (a) The petroleum storage tank excess liability trust fund (or ELTF) is established for the following purposes:

(1) Assisting owners and operators of underground petroleum storage tanks to establish evidence of financial responsibility as required under IC 13-23-4.

(2) Providing a source of money to satisfy liabilities for corrective action for underground petroleum storage tanks and aboveground storage tanks.

(3) Providing a source of money for the indemnification of third parties under IC 13-23-9-3.

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

(A) paying and administering claims against the ELTF for those job activities and expenses that consist exclusively of administering the ELTF;

(B) inspecting underground storage tanks and aboveground storage tanks;

(C) establishing and implementing an online underground storage tank and aboveground storage tank operator training program that complies with the requirements of the federal Energy Policy Act of 2005; and

(D) project management and oversight of eligible releases.

(5) Providing a source of money to pay for the expenses of the department incurred under section 7(b) of this chapter.

(b) The expenses described in subsection (a)(4) that are paid from the ELTF in a state fiscal year may not exceed eleven percent (11%) of the fund income in the immediately preceding state fiscal year.

(c) The ELTF is designated as a trust fund.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.5; P.L.14-2001, SEC.4; P.L.114-2008, SEC.23; P.L.105-2011, SEC.2; P.L.96-2016, SEC.12; P.L.176-2023, SEC.39.
Ind. Code § 13-15-6-1 — Indiana Code / Title 13 / Article 15 / Chapter 6 / Section 13-15-6-1
Objections; request for adjudicatory hearing
Status: in_force

Sec. 1. (a) Not later than fifteen (15) days after being served the notice provided by the commissioner under IC 13-15-5-3:

(1) the permit applicant; or

(2) any other person aggrieved by the commissioner's action;

may appeal the commissioner's action to the office of administrative law proceedings and request that an administrative law judge hold an adjudicatory hearing concerning the action under IC 4-21.5-3 and IC 4-15-10.5.

(b) Notwithstanding subsection (a) and IC 4-21.5-3-7(a)(3), a person may file an appeal of the commissioner's action in issuing an initial permit under the operating permit program under 42 U.S.C. 7661 through 7661f not later than thirty (30) days after the date the person received the notice provided under IC 13-15-5-3.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.25-1997, SEC.5; P.L.90-1998, SEC.13; P.L.224-1999, SEC.5; P.L.128-2024, SEC.18; P.L.135-2026, SEC.125.
Ind. Code § 13-11-2-265.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-265.3
"Wet weather event"
Status: in_force

Sec. 265.3. "Wet weather event", for purposes of IC 13-18, means storm water runoff, snow melt runoff, or ice melt runoff entering a combined sewer system.

As added by P.L.140-2000, SEC.15.
Ind. Code § 13-26-2-3.5 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-3.5
Petition opposing establishment of proposed district
Status: in_force

Sec. 3.5. Not more than one hundred eighty (180) days after the date a petition is filed with the department under section 1 of this chapter to establish a regional district, if another petition is filed with the department that is signed by a majority of the owners of property that would be served by the proposed district and indicating that the owners of the property are opposed to the establishment of the proposed district, the department shall declare that the petition filed under section 1 of this chapter to establish the regional district:

(1) is void; and

(2) is not a sufficient petition for purposes of section 5 of this chapter.

As added by P.L.292-2013, SEC.5.
Ind. Code § 13-11-2-79 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-79
"Federal Water Pollution Control Act"
Status: in_force

Sec. 79. "Federal Water Pollution Control Act", for purposes of:

(1) IC 13-13-5 and IC 13-18-2-1; and

(2) environmental management laws;

refers to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the federal Water Quality Act of 1987, P.L.100-4.

[Pre-1996 Recodification Citations: 13-1-4-1(a), (f) part; 13-7-1-3 part; 13-7-1-10.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-26-4-8 — Indiana Code / Title 13 / Article 26 / Chapter 4 / Section 13-26-4-8
Public meetings or hearings
Status: in_force

Sec. 8. (a) When the board of a district conducts a public hearing or meeting, the board shall allow any person an opportunity to be heard:

(1) in the presence of others who are present to testify; and

(2) in accordance with subsection (b).

(b) The board may limit testimony at a public hearing or meeting to a reasonable time stated at the opening of the public hearing or meeting.

As added by P.L.97-2012, SEC.8.
Ind. Code § 13-11-2-177.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-177.6
"Pyrolysis"
Status: in_force

Sec. 177.6. "Pyrolysis" means a manufacturing process through which post-use polymers or recovered feedstocks are:

(1) heated in the absence of oxygen until melted and thermally decomposed catalytically or noncatalytically; and

(2) cooled, condensed, and converted into valuable raw materials and intermediate and final products, including:

(A) plastic monomers;

(B) chemicals;

(C) waxes;

(D) lubricants;

(E) plastic;

(F) chemical feedstocks; and

(G) naphtha.

As added by P.L.54-2023, SEC.8.
Ind. Code § 13-21-12-9 — Indiana Code / Title 13 / Article 21 / Chapter 12 / Section 13-21-12-9
Facility and sale of byproducts exempt from regulation under IC 8-1-2 and IC 8-1.5
Status: in_force

Sec. 9. The following are exempt from regulation under IC 8-1-2 and IC 8-1.5:

(1) A facility owned, operated, or financed under this article.

(2) The sale of byproducts from the facility.

[Pre-1996 Recodification Citation: 13-9.5-9-16.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-23-2-1 — Indiana Code / Title 13 / Article 23 / Chapter 2 / Section 13-23-2-1
Restrictions on enactment and enforcement of ordinances conflicting with article or rules
Status: in_force

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

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

(1) This article.

(2) Rules adopted by the fire prevention and building safety commission under this article.

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

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

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-11-2-149 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-149
"Outfall"
Status: in_force

Sec. 149. "Outfall", for purposes of IC 13-18-4-8, means the point of discharge from a point source.

[Pre-1996 Recodification Citation: 13-1-3-21(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-23-11-1 — Indiana Code / Title 13 / Article 23 / Chapter 11 / Section 13-23-11-1
Creation
Status: in_force

Sec. 1. The petroleum storage tank financial assurance board is created.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.45.
Ind. Code § 13-19-1-2 — Indiana Code / Title 13 / Article 19 / Chapter 1 / Section 13-19-1-2
State goal of encouraging source reduction and recycling; rules on legitimate use of waste
Status: in_force

Sec. 2. (a) The goal of the state is to encourage solid waste source reduction, recycling, and other alternatives to conserve environmental resources.

(b) The department shall develop proposed rules that:

(1) provide for the legitimate use of solid and hazardous waste instead of its disposal; and

(2) provide that a material being legitimately used is not considered a solid or hazardous waste.

(c) To become effective, any proposed rules developed under subsection (b) must be adopted by the board under IC 13-19-3-1.

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

As added by P.L.1-1996, SEC.9. Amended by P.L.37-2012, SEC.25; P.L.97-2016, SEC.2; P.L.135-2026, SEC.180.
Ind. Code § 13-11-2-19.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-19.3
"Brownfield"
Status: in_force

Sec. 19.3. "Brownfield" means a parcel of real estate:

(1) that:

(A) is abandoned or inactive; or

(B) may not be operated at its appropriate use; and

(2) on which expansion, redevelopment, or reuse is complicated;

because of the presence or potential presence of a hazardous substance, a contaminant, petroleum, or a petroleum product that poses a risk to human health and the environment.

As added by P.L.59-1997, SEC.3. Amended by P.L.203-2003, SEC.1.
Ind. Code § 13-20.5-3-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 3 / Section 13-20.5-3-2
Reports by recycler to the department
Status: in_force

Sec. 2. Not later than each March 1, a recycler of covered electronic devices shall do the following:

(1) Report to the department separately the total weight in pounds of covered electronic devices that were:

(A) recycled by the recycler; and

(B) taken by the recycler for final disposal;

during the program year that ended on the immediately preceding December 31.

(2) Submit to the department a list of all collectors from whom the recycler received covered electronic devices during the program year that ended on the immediately preceding December 31.

(3) Certify that the recycler has complied with IC 13-20.5-5 and any applicable regulations during the program year that ended on the immediately preceding December 31.

As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.46; P.L.200-2017, SEC.11; P.L.135-2026, SEC.218.
Ind. Code § 13-11-2-63.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-63.7
"ELTF indemnity claim"
Status: in_force

Sec. 63.7. "ELTF indemnity claim", as used in IC 13-23, means any ELTF claim for the indemnification of a third party.

As added by P.L.96-2016, SEC.6.
Ind. Code § 13-23-13-2 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-2
Action by commissioner
Status: in_force

Sec. 2. The commissioner, under rules adopted under IC 13-23-1-2, may undertake corrective action with respect to any release of a regulated substance into the environment from an underground storage tank or aboveground storage tank if:

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

(2) at least one (1) of the following conditions exists:

(A) A person cannot be found not later than ninety (90) days after a suspected or confirmed release is identified (or a shorter time necessary to protect human health and the environment) who is:

(i) an owner or operator of the underground storage tank or aboveground storage tank;

(ii) subject to the rules concerning corrective action; and

(iii) capable of properly carrying out corrective action with respect to the release.

(B) An existing situation requires prompt action by the commissioner under this section to protect human health and the environment.

(C) The cost of corrective action at the site of an underground storage tank exceeds the amount of financial responsibility required under IC 13-23-1-2(b)(6), IC 13-23-4-4, and IC 13-23-4-5 and, considering the class or category of underground storage tank from which the release occurred, expenditures by the state are necessary to ensure an effective corrective action.

(D) The owner or operator of the underground storage tank or aboveground storage tank has failed or refused to comply with an order of the commissioner or a judgment of a court of competent jurisdiction under section 1 of this chapter to take corrective action with respect to the release.

[Pre-1996 Recodification Citation: 13-7-20-19(b).]

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.51; P.L.135-2026, SEC.252.
Ind. Code § 13-22-6-1 — Indiana Code / Title 13 / Article 22 / Chapter 6 / Section 13-22-6-1
Report to county board of health
Status: in_force

Sec. 1. (a) An owner or operator of a hazardous waste disposal facility must submit each month, to the county board of health of the county in which the facility is located, a report that lists the hazardous wastes disposed of in that facility during the previous month.

(b) The disposal facility may satisfy the requirements of this section by submitting:

(1) photocopies of the facility daily log; or

(2) a copy of any other report listing the hazardous wastes disposed of in the facility.

[Pre-1996 Recodification Citation: 13-7-8.5-9.]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-20-24-4 — Indiana Code / Title 13 / Article 20 / Chapter 24 / Section 13-20-24-4
Use by county or municipality of payments under host agreement
Status: in_force

Sec. 4. A county or municipality that receives a payment under section 3(1) of this chapter may use the revenue only for the construction, improvement, or maintenance of infrastructure that supports or is otherwise related to the landfill.

As added by P.L.131-2006, SEC.11.
Ind. Code § 13-20-2-5 — Indiana Code / Title 13 / Article 20 / Chapter 2 / Section 13-20-2-5
Denial of permit
Status: in_force

Sec. 5. The commissioner may deny an application for an original permit for the construction or operation of a landfill if the commissioner finds that:

(1) the applicant does not have a positive net worth of at least two hundred fifty thousand dollars ($250,000); or

(2) there is at least one (1) unsatisfied and nonappealable judgment requiring the payment of money by the applicant.

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

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-18-9-4 — Indiana Code / Title 13 / Article 18 / Chapter 9 / Section 13-18-9-4
Enforcement of chapter
Status: in_force

Sec. 4. (a) The department shall enforce this chapter under IC 13-30-3 or IC 13-14-2-6.

(b) The commissioner may approve the use of phosphates by a manufacturer or processor for cleaning plant or equipment upon application to the commissioner by the manufacturer or processor. The commissioner shall require phosphate removal from the water so used by criteria established by the board.

[Pre-1996 Recodification Citation: 13-1-5.5-5.]

As added by P.L.1-1996, SEC.8. Amended by P.L.135-2026, SEC.160.
Ind. Code § 13-11-2-27.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-27.6
"Clean manufacturing"
Status: in_force

Sec. 27.6. (a) "Clean manufacturing", for purposes of IC 13-12 and IC 13-27, means the employment by a manufacturer of a practice that:

(1) reduces the manufacturing use of toxic materials; or

(2) reduces the environmental and health hazards associated with an environmental waste without diluting or concentrating the waste before the:

(A) recycling;

(B) release;

(C) handling;

(D) storage;

(E) transport;

(F) treatment; or

(G) disposal;

of the waste.

(b) The term includes changes in production technology, materials, processes, operations, or procedures.

(c) The term does not include the following:

(1) A practice that is applied to an environmental waste after the waste:

(A) is generated or comes into existence; or

(B) exits a production unit or operation.

(2) Waste burning in:

(A) industrial furnaces;

(B) boilers;

(C) smelters; or

(D) cement kilns;

for purposes of energy recovery.

(3) Waste shifting.

(4) Offsite recycling.

(5) Onsite recycling, including the following:

(A) Inprocess recycling.

(B) Inline recycling.

(C) Out-of-process recycling.

(D) Closed loop recycling.

(E) Any other onsite recycling method.

(6) Any other method of end-of-pipe management of environmental wastes, including the following:

(A) Waste exchange.

(B) The incorporation or embedding of regulated environmental wastes into products or byproducts.

As added by P.L.124-1997, SEC.2. Amended by P.L.37-2012, SEC.2.
Ind. Code § 13-21-15-4 — Indiana Code / Title 13 / Article 21 / Chapter 15 / Section 13-21-15-4
County authority to continue collecting solid waste management district fee; requirement to use fee proceeds to provide services
Status: in_force

Sec. 4. If:

(1) a fee on the disposal of solid waste under IC 13-21-13 or a solid waste management fee under IC 13-21-14 is in effect in a county; and

(2) the county:

(A) dissolves the county solid waste management district as described in section 1(a) of this chapter; or

(B) withdraws from a joint solid waste management district and determines that it will no longer be a member of a joint district or be designated as a county district as described in section 2(a) of this chapter;

the county may continue collecting the fee notwithstanding the action described in subdivision (2). However, the county shall use the proceeds of the fee exclusively to provide services previously provided in the county by the solid waste management district.

As added by P.L.189-2016, SEC.4.
Ind. Code § 13-11-2-199.4 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-199.4
Repealed
Status: repealed

As added by P.L.250-2019, SEC.3. Repealed by P.L.135-2026, SEC.31.
Ind. Code § 13-21-3-15 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-15
Tax rate appeals in certain counties
Status: in_force

Sec. 15. (a) A district located in a county having a population of more than thirty-three thousand (33,000) and less than thirty-three thousand one hundred (33,100) may appeal to the department of local government finance to have a property tax rate in excess of the rate permitted by section 12 of this chapter. The appeal may be granted if the district establishes that all of the following conditions exist:

(1) The district is in the process of constructing a landfill.

(2) A higher property tax rate is necessary to pay the fees charged by out of county landfills to dispose of solid waste generated in the district during the design and construction phases of the landfill being established by the district.

(b) The procedure applicable to maximum levy appeals under IC 6-1.1-18.5 applies to an appeal under this section. Any additional levy granted under this section may not exceed seven and thirty-three hundredths cents ($0.0733) on each one hundred dollars ($100) of assessed valuation of property in the district.

(c) The department of local government finance shall establish the tax rate if a higher tax rate is permitted.

(d) A property tax rate imposed under this section expires not later than December 31, 1997.

[Pre-1996 Recodification Citation: 13-9.5-2-11(d).]

As added by P.L.1-1996, SEC.11. Amended by P.L.6-1997, SEC.156; P.L.90-2002, SEC.369; P.L.146-2008, SEC.422; P.L.119-2012, SEC.117; P.L.104-2022, SEC.89.
Ind. Code § 13-30-3-3 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-3
Notice of violation; offer of opportunity to enter into agreed order; failure to enter into agreed order
Status: in_force

Sec. 3. (a) The commissioner shall:

(1) notify the alleged violator in writing that the commissioner believes a violation may exist; and

(2) offer the alleged violator an opportunity to enter into an agreed order providing for:

(A) the actions required to correct the violation; and

(B) if appropriate, the payment of a civil penalty.

(b) The commissioner is not required to extend the offer under subsection (a)(2) for more than sixty (60) days.

(c) An alleged violator may enter into an agreed order without admitting that the violation occurred.

(d) A notification under this section does not constitute a notice of violation for purposes of IC 14-34-3-3(20).

(e) If an agreed order is not entered into, the commissioner may proceed under section 4 of this chapter to issue a notice and order.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-11-2-2.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-2.5
"Advanced recycling"
Status: in_force

Sec. 2.5. (a) "Advanced recycling" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstocks, chemicals, and other products through processes that include:

(1) pyrolysis;

(2) gasification;

(3) depolymerization;

(4) catalytic cracking;

(5) reforming;

(6) hydrogenation;

(7) solvolysis;

(8) chemolysis; and

(9) other similar technologies.

(b) "Advanced recycling" does not include the following:

(1) Incineration of plastics or waste to energy processes.

(2) Solid waste processing.

(3) Solid waste recovery.

(4) Treatment of a waste.

As added by P.L.54-2023, SEC.1.
Ind. Code § 13-11-2-63.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-63.5
"ELTF"
Status: in_force

Sec. 63.5. "ELTF", as used in this chapter and IC 13-23, refers to the petroleum storage tank excess liability trust fund established by IC 13-23-7-1.

As added by P.L.96-2016, SEC.4. Amended by P.L.176-2023, SEC.11.
Ind. Code § 13-28-3-5 — Indiana Code / Title 13 / Article 28 / Chapter 3 / Section 13-28-3-5
Contracts to provide services
Status: in_force

Sec. 5. The department may contract with another entity to provide some or all of the services required by this chapter.

[Pre-1996 Recodification Citation: 13-10-2-5.]

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-21-8-1 — Indiana Code / Title 13 / Article 21 / Chapter 8 / Section 13-21-8-1
Borrowing money and issuing revenue bonds
Status: in_force

Sec. 1. A board may finance the cost of facilities by borrowing money and issuing revenue bonds under this chapter.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-17-5-6 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-6
Vehicle emissions tests certificate of compliance; new and recently manufactured vehicles
Status: in_force

Sec. 6. (a) A rule adopted by the board under air pollution control laws that:

(1) requires periodic motor vehicle emissions tests; and

(2) makes new vehicles exempt from the emissions tests for a time;

may not require that new vehicles be presented at an official vehicle inspection station for the purpose of obtaining a certificate of compliance.

(b) A rule adopted by the board under air pollution control laws that:

(1) requires periodic motor vehicle emissions tests; and

(2) makes certain vehicles exempt from the emissions test due to the length of time since the vehicles were manufactured;

may not require that those vehicles be presented at an official vehicle inspection station for the purpose of obtaining a certificate of compliance.

[Pre-1996 Recodification Citation: 13-1-1-11.1.]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-20-6-8 — Indiana Code / Title 13 / Article 20 / Chapter 6 / Section 13-20-6-8
Prohibition on transfer activities during suspension; acceptance of waste by disposal facility; conditions
Status: in_force

Sec. 8. (a) An operator who is not a resident of Indiana or a transfer station may not engage in waste transfer activities while the operator or transfer station is suspended from engaging in waste transfer activities under section 4 of this chapter.

(b) On or after the effective date established under a rule adopted by the board, a solid waste disposal facility or a solid waste processing facility located inside Indiana may not knowingly accept municipal waste from a transfer station located inside of or outside of Indiana that receives municipal waste if:

(1) the municipal waste is not accompanied by a manifest that contains the information required under IC 13-20-4-7; or

(2) the person who manages the solid waste disposal facility or solid waste processing facility has received notice under section 4(c) of this chapter that:

(A) the transfer station that shipped the municipal waste; or

(B) an operator listed on the manifest;

has been suspended from engaging in waste transfer activities under this chapter.

[Pre-1996 Recodification Citation: 13-7-10.5-17.]

As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005, SEC.16.
Ind. Code § 13-25-4-2 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-2
Sources of fund
Status: in_force

Sec. 2. The sources of money for the fund are the following:

(1) Fees paid under IC 13-22-12-3.5 for the disposal of hazardous waste.

(2) Any payment to the state or the fund as:

(A) reimbursement for amounts expended by the state in a response action;

(B) reimbursement of administrative and personnel expenses incurred by the state in evaluating proposed modifications of restrictive covenants under IC 13-14-2-9; or

(C) a settlement or judgment stemming from a lawsuit by the state or federal government to recover amounts expended by the state in a response action, including recoveries under section 10 of this chapter.

(3) Accrued interest and other investment earnings of the fund.

(4) Fees paid under IC 13-23-12-4(2) by owners and operators of underground storage tanks used to contain regulated substances other than petroleum.

(5) Appropriations made by the general assembly and gifts and donations from private and public entities intended for deposit in the fund.

(6) Grants and other payments made by the United States government under:

(A) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) in relation to regulated substances other than petroleum; or

(B) CERCLA.

(7) Money received from responsible parties under agreements under section 23 of this chapter for response actions at specific sites.

[Pre-1996 Recodification Citation: 13-7-8.7-3.]

As added by P.L.1-1996, SEC.15. Amended by P.L.38-2012, SEC.8; P.L.220-2014, SEC.33.
Ind. Code § 13-20-14-8 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-8
Recovery of costs and damages
Status: in_force

Sec. 8. The commissioner may proceed in the appropriate court to recover costs and damages from a person who:

(1) is responsible for the improper disposal of waste tires; and

(2) fails, without sufficient cause, to properly undertake a removal or remedial action under section 7 of this chapter.

[Pre-1996 Recodification Citations: 13-7-23-18 part; 13-7-23-20 part.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.20.
Ind. Code § 13-11-2-1 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-1
"Active area"
Status: in_force

Sec. 1. "Active area", for purposes of IC 13-20-10, means:

(1) the raw compostable matter storage area;

(2) the composting matter area;

(3) the compost curing area; or

(4) the compost storage area;

of a composting facility for vegetative matter.

[Pre-1996 Recodification Citation: 13-7-35-1.1.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-129.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-129.6
"Military base"
Status: in_force

Sec. 129.6. "Military base", for purposes of IC 13-15-3-1.3, means a United States or an Indiana government military installation that:

(1) has an area of at least sixty thousand (60,000) acres and is used for the design, construction, maintenance, and testing of electronic devices and ordnance;

(2) has an area of at least nine hundred (900) acres and serves as an urban training center for military units, civilian personnel, and first responders; or

(3) has an area of at least five thousand (5,000) acres and serves as a joint training center for active and reserve components of the armed forces of the United States.

As added by P.L.5-2005, SEC.2. Amended by P.L.180-2006, SEC.6.
Ind. Code § 13-18-11-7 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-7
Notice of expiration
Status: in_force

Sec. 7. (a) The commissioner shall notify each person certified as a wastewater treatment plant operator, water treatment plant operator, or water distribution system operator under this chapter of the following:

(1) The date of the expiration of the operator's certificate.

(2) The amount of the required fee for renewal of the operator's certificate for three (3) years.

(3) The continuing education required for renewal of the operator's certificate for three (3) years.

(b) The commissioner shall provide the notice at least one (1) month in advance of the date of expiration of the person's certificate.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.6; P.L.147-2015, SEC.9; P.L.181-2018, SEC.7.
Ind. Code § 13-17-12-5 — Indiana Code / Title 13 / Article 17 / Chapter 12 / Section 13-17-12-5
Failure of air quality jurisdiction or administrator to enforce ordinances
Status: in_force

Sec. 5. If:

(1) an air quality jurisdiction; or

(2) an administrator of an air quality jurisdiction;

fails to enforce a local ordinance that affords protection to the public equal to that provided by state law, the department may, after consultation with the jurisdiction or administrator, take appropriate action necessary to enforce applicable provisions of state law.

[Pre-1996 Recodification Citation: 13-1-1-10(e).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-20-25-7 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-7
"Recycler"
Status: in_force

Sec. 7. (a) As used in this chapter, "recycler" means a person who recycles recyclable materials generated by more than one (1) person.

(b) The term includes the following:

(1) A recyclable materials broker.

(2) The owner or operator of a solid waste disposal facility regulated under IC 13-20-8 at which recycling occurs.

(3) The owner or operator of a material recovery facility.

(4) A solid waste management district established under IC 13-21 or IC 13-9.5 (before its repeal).

As added by P.L.126-2014, SEC.9.
Ind. Code § 13-21-6-4 — Indiana Code / Title 13 / Article 21 / Chapter 6 / Section 13-21-6-4
Notice; time limitations
Status: in_force

Sec. 4. (a) Before the issuance of a request for proposals under this chapter, the board must do the following:

(1) Adopt a proposed request for proposals by resolution.

(2) Publish a public notice that may contain a request for qualifications if a prequalification process has been adopted under section 3 of this chapter, including the criteria on which proposers may be selected.

(b) The public notice must do the following:

(1) Include the intent to issue a request for proposals.

(2) Designate times and places where the proposed request for proposals may be viewed by the general public.

(3) State the time of commencement of the thirty (30) day period established in this section, which constitutes the event referred to in IC 5-3-1-2.

(c) The board shall allow not more than a thirty (30) day period for the following:

(1) The submission of qualifications, if required.

(2) Comments on the proposed request for proposals.

(d) After the thirty (30) day period described in subsection (c) expires, the board shall do the following:

(1) Select at least one (1) proposer.

(2) Adopt a request for proposals.

(e) Comments may be addressed to the scope or contents of the proposed request for proposals.

(f) The board shall do the following:

(1) Notify each proposer of their selection.

(2) Inform each proposer of the date and place proposals are to be submitted.

(3) Deliver to each proposer a copy of the request for proposal.

[Pre-1996 Recodification Citation: 13-9.5-8-3(2).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-5-3 — Indiana Code / Title 13 / Article 20 / Chapter 5 / Section 13-20-5-3
Failure to identify origin of solid waste
Status: in_force

Sec. 3. If the operator of a vehicle does not identify to the owner or operator of a final disposal facility the origin of the solid waste as required by section 2 of this chapter, the owner or operator may not permit the disposal in the final disposal facility of the solid waste transported in the operator's vehicle.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.131-2006, SEC.6.
Ind. Code § 13-20-14-4 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-4
Disposal by source of waste tires
Status: in_force

Sec. 4. (a) A source of waste tires shall dispose of waste tires in the source'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 tires.

(3) Delivery to a facility that retreads tires.

(4) Delivery to a permitted final disposal facility regulated under environmental management laws.

(5) Delivery to a registered waste tire storage site.

(6) Delivery to a registered waste tire processing operation.

(7) Collection by a registered waste tire transporter.

(b) A person referred to in subsection (a) is not required to accept waste tires from a source of waste tires.

[Pre-1996 Recodification Citation: 13-7-23.2-12.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.15; P.L.37-2012, SEC.36.
Ind. Code § 13-11-2-257.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-257.8
Repealed
Status: repealed

As added by P.L.107-2016, SEC.5. Repealed by P.L.250-2019, SEC.5.
Ind. Code § 13-14-1-13 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-13
Monitoring and reporting requirements; affidavit
Status: in_force

Sec. 13. (a) The commissioner shall establish and administer monitoring and reporting requirements as necessary to carry out the duties and to exercise the powers provided in the following:

(1) Air pollution control laws.

(2) Water pollution control laws.

(3) Environmental management laws.

(b) The department may require an affidavit of the responsible officer or person in charge of the operation to accompany any report required under this section.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.135-2026, SEC.80.
Ind. Code § 13-25-6-4 — Indiana Code / Title 13 / Article 25 / Chapter 6 / Section 13-25-6-4
Reimbursement prohibited if expenses reimbursable by federal government
Status: in_force

Sec. 4. Reimbursement for expenses is not available under this chapter if those expenses may be reimbursed by the federal government under Section 123 of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9623).

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

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-22-11.5-4 — Indiana Code / Title 13 / Article 22 / Chapter 11.5 / Section 13-22-11.5-4
Written recognition of secondary material
Status: in_force

Sec. 4. A person may request the commissioner to acknowledge in writing the recognition of a secondary material exemption under this chapter. The commissioner shall respond to the request not later than ninety (90) days after the request is received.

As added by P.L.45-1997, SEC.21.
Ind. Code § 13-18-20.5-2 — Indiana Code / Title 13 / Article 18 / Chapter 20.5 / Section 13-18-20.5-2
Annual operation fees; schedule of fees
Status: in_force

Sec. 2. For public water systems, the annual operation fees are as follows:

(1) For a community water system with more than four hundred (400) service connections, ninety-five cents ($0.95) per service connection.

(2) For a community water system with four hundred (400) or fewer service connections, the annual operation fee is three hundred fifty dollars ($350).

(3) For a nontransient noncommunity water system, the annual operation fees are as follows:

Number served

Fee

25 - 100

$150

101 - 250

$180

251 - 500

$240

501 - 1,000

$300

1,001 - 3,300

$450

3,301 - 5,000

$600

5,001 - 10,000

$1,500

more than 10,000

$3,000

(4) For a transient noncommunity water system, the annual operation fees are as follows:

Type of transient

noncommunity water system

Fee

Groundwater

$100

Purchase

$ 50

Surface

$200

As added by P.L.224-2003, SEC.134.
Ind. Code § 13-20-22-19 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-19
Failure to remit collected solid waste disposal or incineration fees; offense
Status: in_force

Sec. 19. A person who knowingly or intentionally fails to pay the fee to the department under section 11 of this chapter commits a Level 6 felony.

[Pre-1996 Recodification Citation: 13-9.5-5-11.]

As added by P.L.1-1996, SEC.10. Amended by P.L.158-2013, SEC.189; P.L.220-2014, SEC.20.
Ind. Code § 13-11-2-265.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-265.6
"Wetland activity"
Status: in_force

Sec. 265.6. "Wetland activity", for purposes of IC 13-18-22, means the discharge of:

(1) dredged; or

(2) fill;

material into an isolated wetland.

As added by P.L.282-2003, SEC.32.
Ind. Code § 13-11-2-51 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-51
"Department"
Status: in_force

Sec. 51. "Department" refers to the department of environmental management.

[Pre-1996 Recodification Citations: 4-23-21-1; 13-1-1-2(f); 13-1-3-1.5 part; 13-1-4-1(e); 13-1-12-3; 13-3-2-1 part; 13-7-1-3 part; 13-7-1-8; 13-9-1-7; 13-9.5-1-1 part; 13-9.5-1-8.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-1.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-1.5
"Acute hazardous waste"
Status: in_force

Sec. 1.5. "Acute hazardous waste", for purposes of IC 13-22-4-3.1, has the meaning set forth in 40 CFR Part 261.

As added by P.L.143-2000, SEC.1. Amended by P.L.1-2001, SEC.10.
Ind. Code § 13-18-3-6 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-6
Enforcement
Status: in_force

Sec. 6. The water pollution control laws may be enforced under IC 13-30-3 or IC 13-14-2-6.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-20-22-20 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-20
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-5-12.]

As added by P.L.1-1996, SEC.10. Amended by P.L.158-2013, SEC.190. Repealed by P.L.220-2014, SEC.21.
Ind. Code § 13-30-9-7 — Indiana Code / Title 13 / Article 30 / Chapter 9 / Section 13-30-9-7
Immunity from actions
Status: in_force

Sec. 7. Notwithstanding any provision of this chapter, a person that receives a covenant not to sue under IC 13-25-5-18 is exempt from suit as provided in IC 13-25-5-18.

As added by P.L.59-1997, SEC.23. Amended by P.L.23-2026, SEC.102.
Ind. Code § 13-25-1-2 — Indiana Code / Title 13 / Article 25 / Chapter 1 / Section 13-25-1-2
Members
Status: in_force

Sec. 2. (a) The commission consists of the following thirteen (13) members:

(1) The commissioner or the commissioner's designee.

(2) The executive director of the department of homeland security or the executive director's designee.

(3) The superintendent of the state police department or the superintendent's designee.

(4) The state fire marshal or the state fire marshal's designee.

(5) Three (3) representatives of business and industry.

(6) Three (3) representatives of the public.

(7) Three (3) representatives of local government.

(b) The governor shall appoint the members provided for in subsection (a)(5) through (a)(7). A member appointed under this subsection serves at the pleasure of the governor.

[Pre-1996 Recodification Citation: 13-7-36-3.]

As added by P.L.1-1996, SEC.15. Amended by P.L.1-2006, SEC.204.
Ind. Code § 13-19-7-6 — Indiana Code / Title 13 / Article 19 / Chapter 7 / Section 13-19-7-6
Collection of reasonable costs
Status: in_force

Sec. 6. The attorney general shall take all steps necessary to collect the reasonable costs described in sections 4(b) and 5(b) of this chapter.

As added by P.L.88-2017, SEC.4.
Ind. Code § 13-17-5-5.2 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-5.2
Legalization of certain rules, inspections, certifications, and contracts
Status: in_force

Sec. 5.2. The following are legalized:

(1) A rule adopted by the air pollution control board and described in IC 13-17-5-5(a) before its repeal.

(2) An inspection or certification conducted under IC 13-17-5-5(b) before its repeal.

(3) Contracts entered into and inspections made under IC 13-17-5-5(c) before its repeal.

As added by P.L.220-2011, SEC.281.
Ind. Code § 13-18-15-5 — Indiana Code / Title 13 / Article 18 / Chapter 15 / Section 13-18-15-5
Waiver against remonstrance
Status: in_force

Sec. 5. A landowner in an unincorporated area who connects to a sewer or water service because a person other than the landowner has polluted or contaminated the area is not required to grant a municipality a waiver against remonstrance if:

(1) the area in which the service to be provided is annexed; and

(2) a person other than the landowner or the municipality has paid the cost of extension of or connection to the service.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.124-1996, SEC.8.
Ind. Code § 13-12-4-5 — Indiana Code / Title 13 / Article 12 / Chapter 4 / Section 13-12-4-5
Directives
Status: in_force

Sec. 5. To the fullest extent possible:

(1) the policies, rules, and statutes of the state shall be interpreted and administered in accordance with the policies set forth in this chapter; and

(2) all state agencies shall do the following:

(A) Use a systematic, interdisciplinary approach that will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and decision making that may have an impact on the environment.

(B) Identify and develop methods and procedures that will ensure that unquantified environmental amenities and values may be given appropriate consideration in decision making along with economic and technical considerations.

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

As added by P.L.1-1996, SEC.2. Amended by P.L.133-2012, SEC.71; P.L.135-2026, SEC.43.
Ind. Code § 13-11-2-160 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-160
"Petroleum"
Status: in_force

Sec. 160. "Petroleum", for purposes of:

(1) IC 13-23;

(2) IC 13-24-1; and

(3) IC 13-25-5;

includes petroleum and crude oil or any part of petroleum or crude oil that is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit (60°F) and fourteen and seven-tenths (14.7) pounds per square inch absolute).

[Pre-1996 Recodification Citations: 13-7-8.9-3; 13-7-20-6; 13-7-20.1-4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.97-2004, SEC.61.
Ind. Code § 13-21-6-2 — Indiana Code / Title 13 / Article 21 / Chapter 6 / Section 13-21-6-2
Award of contract
Status: in_force

Sec. 2. Notwithstanding any other statute, a contract entered into between a board and any person under this chapter may be awarded by the board by:

(1) public bidding in compliance with IC 36-1-12; or

(2) compliance with sections 3 through 8 of this chapter.

[Pre-1996 Recodification Citation: 13-9.5-8-2.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-13-8-15 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-15
Rules
Status: in_force

Sec. 15. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are consistent with the purposes of this title.

As added by P.L.133-2012, SEC.72.
Ind. Code § 13-20-17.7-6 — Indiana Code / Title 13 / Article 20 / Chapter 17.7 / Section 13-20-17.7-6
Payment by department for mercury items; amount established by commissioner; payments from solid waste management fund
Status: in_force

Sec. 6. (a) Subject to subsections (b), (c), and (d), a person is entitled to payment from the department for each of the following the person removes from an end of life vehicle under section 5 of this chapter:

(1) A mercury switch.

(2) An ABS sensor.

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

(b) The commissioner shall establish:

(1) the amount of the payment under subsection (a), which must be:

(A) at least one dollar ($1); and

(B) not more than five dollars ($5);

per mercury switch, ABS sensor, or other component containing more than ten (10) milligrams of mercury; and

(2) a procedure for claims for payment under this section.

(c) The commissioner shall determine:

(1) whether to use money in the state solid waste management fund; and

(2) if the commissioner determines under subdivision (1) to use money in that fund, the amount of money from the fund to be used;

to make payments under this section.

(d) The department is required to make payments under this section only to the extent of the amount of money determined by the commissioner under subsection (c)(2).

As added by P.L.170-2006, SEC.15. Amended by P.L.114-2008, SEC.21.
Ind. Code § 13-18-11-14 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-14
Plant operation by certified operators
Status: in_force

Sec. 14. (a) A person, firm, or corporation, whether municipal or private, may not operate a water or wastewater treatment plant or a water distribution system unless the commissioner has certified the operator in responsible charge under this chapter.

(b) A person may not perform the duties of an operator in responsible charge of works described in subsection (a) without being certified under this chapter.

[Pre-1996 Recodification Citation: 13-1-6-8.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-23-5-2 — Indiana Code / Title 13 / Article 23 / Chapter 5 / Section 13-23-5-2
Restrictions based on soil resistivity
Status: in_force

Sec. 2. If soil tests conducted in accordance with:

(1) ASTM Standard G57-78; or

(2) another standard approved by the commissioner as exhibiting the same or a greater degree of reliability and accuracy;

show that soil resistivity in an installation location is at least twelve thousand ohms per centimeter (12,000 ohm/cm), a storage tank without corrosion protection may be installed in that location during the period referred to in section 1 of this chapter.

[Pre-1996 Recodification Citation: 13-7-20-18(b).]

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-20-13-2 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-2
Necessity of registration or certificate
Status: in_force

Sec. 2. A person may not create or maintain a waste tire storage site or waste tire processing operation unless the person:

(1) has registered the waste tire storage site or waste tire processing operation under this chapter or IC 13-7-23 (before its repeal); and

(2) holds a valid certificate of registration issued under section 3 of this chapter or IC 13-7-23-7 (before its repeal).

[Pre-1996 Recodification Citation: 13-7-23-6(b).]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.6.
Ind. Code § 13-11-2-0.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-0.3
"Aboveground petroleum storage tank"
Status: in_force

Sec. 0.3. "Aboveground petroleum storage tank", for purposes of IC 13-23, means an aboveground storage tank that is used to contain petroleum.

As added by P.L.176-2023, SEC.3.
Ind. Code § 13-17-12-1 — Indiana Code / Title 13 / Article 17 / Chapter 12 / Section 13-17-12-1
Adoption and enforcement of local air pollution ordinances and programs
Status: in_force

Sec. 1. Air pollution control laws do not prevent towns, cities, or counties from:

(1) enforcing local air pollution ordinances consistent with air pollution control laws; or

(2) adopting or enforcing more restrictive ordinances to further the expressed purposes of air pollution control laws.

[Pre-1996 Recodification Citation: 13-1-1-10(a).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-26-4-6 — Indiana Code / Title 13 / Article 26 / Chapter 4 / Section 13-26-4-6
Residency
Status: in_force

Sec. 6. (a) Except as provided in subsection (b)(5), an appointed trustee does not have to be a resident of the district.

(b) An appointed trustee must:

(1) own real property within the district;

(2) be a trustee appointed under section 4 or 5 of this chapter;

(3) be an elected official who represents a political subdivision that has territory in the district;

(4) be a ratepayer of the district; or

(5) with respect to a district in which a majority of ratepayers and property owners are not individuals, be an individual who is registered to vote at an address that is located in the district.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.97-2012, SEC.6; P.L.179-2013, SEC.1; P.L.292-2013, SEC.6; P.L.211-2014, SEC.1; P.L.181-2018, SEC.11.
Ind. Code § 13-11-2-204.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-204.2
"Small business stationary source"
Status: in_force

Sec. 204.2. "Small business stationary source", for the purposes of IC 13-13-7.1, has the meaning set forth in 42 U.S.C. 7661f.

As added by P.L.53-2014, SEC.117.
Ind. Code § 13-11-2-149.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-149.8
"Over the counter drug"
Status: in_force

Sec. 149.8. "Over the counter drug", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-1.

As added by P.L.21-2015, SEC.1.
Ind. Code § 13-20-10-4 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-4
Location of active areas of facilities
Status: in_force

Sec. 4. (a) Except as provided in sections 5 and 6 of this chapter, the active area of a composting facility may not be located within:

(1) two hundred (200) feet of a well that supplies potable water; or

(2) two hundred (200) feet of a residential structure that exists at the time that the composting facility initially registers under this chapter.

(b) A composting facility:

(1) must be located outside the ten (10) year floodplain, except for a composting facility that is either:

(A) operated in conjunction with a publicly owned works permitted under IC 13-15-3; or

(B) designed and operated to prevent ground or surface water contamination in the event of a ten (10) year flood;

(2) must be designed and operated to prevent ground water and surface water contamination from:

(A) stormwater; and

(B) leachate runoff from the composting facility;

(3) must not locate compost within five (5) feet of the seasonal high water table unless the composting facility provides adequate controls to prevent ground water or surface water contamination; and

(4) must provide controls for the following:

(A) Dust.

(B) Odor.

(C) Noise.

(c) If compost material that contains food waste is present in a composting facility, the composting facility must provide controls for vectors and pathogens in addition to the controls required by subsection (b)(4).

[Pre-1996 Recodification Citation: 13-7-35-6(a).]

As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.10; P.L.200-2017, SEC.4.
Ind. Code § 13-17-13-2 — Indiana Code / Title 13 / Article 17 / Chapter 13 / Section 13-17-13-2
Establishment; applicability
Status: in_force

Sec. 2. For categories established under section 1 of this chapter, the department shall recommend rules to establish an enforceable operating agreement program. The program established under this section may apply to some or all of the sources or facilities within the categories. Rules adopted under this section must be approved by the United States Environmental Protection Agency.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-21-3-4 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-4
Board of directors; appointment
Status: in_force

Sec. 4. After a county has been designated as a county district or has joined with at least one (1) other county in a joint district, a board of directors shall be appointed.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-14-5-3 — Indiana Code / Title 13 / Article 14 / Chapter 5 / Section 13-14-5-3
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.4. Amended by P.L.263-2013, SEC.2. Repealed by P.L.135-2026, SEC.89.
Ind. Code § 13-15-10-1 — Indiana Code / Title 13 / Article 15 / Chapter 10 / Section 13-15-10-1
Training and certification program
Status: in_force

Sec. 1. The board may adopt rules to establish a department operated training and certification program for the following:

(1) Operators of solid waste incinerators and waste to energy facilities.

(2) Operators of land disposal sites.

(3) Operators of facilities described under IC 13-15-1-3 whose operation could have an adverse impact on the environment if not operated properly.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.108; P.L.135-2026, SEC.127.
Ind. Code § 13-25-5-19 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-19
Withdrawing commissioner's approval of voluntary remediation work plan; appeal
Status: in_force

Sec. 19. (a) This chapter does not prohibit or limit the commissioner from withdrawing the commissioner's approval of a voluntary remediation work plan at any time during the implementation of the work plan if:

(1) the person implementing the work plan fails substantially to comply with the terms and conditions of:

(A) the voluntary remediation work plan; or

(B) a voluntary remediation agreement; or

(2) a hazardous substance or petroleum becomes an imminent and substantial threat to human health or the environment.

(b) The withdrawal of the approval of a voluntary remediation work plan may be appealed under IC 4-21.5.

[Pre-1996 Recodification Citation: 13-7-8.9-19.]

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.22.
Ind. Code § 13-21-7-6 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-6
Certified copy of resolution and approval to controller
Status: in_force

Sec. 6. On adopting a resolution ordering the issuance of waste management district bonds, the board shall certify a copy of:

(1) the resolution; and

(2) the approval;

to the controller of the district, who shall prepare the bonds.

[Pre-1996 Recodification Citation: 13-9.5-9-3(e).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-14-8-6 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-6
Hearings
Status: in_force

Sec. 6. (a) Each hearing on a proposed rule must be open to the public, and a reasonable opportunity to be heard with respect to the subject of a hearing shall be afforded to any person. The board may define reasonable procedures to conduct an orderly hearing.

(b) All testimony taken at a hearing shall be recorded. The transcript of the hearing and any written submissions to the board at the hearing shall be open to public inspection, and copies of the transcript and written submissions shall be made available to any person upon payment of the cost of reproducing the original.

(c) A person who:

(1) is heard or represented at a hearing; or

(2) requests notice;

shall be given written notice of the action of the board with respect to the subject of the hearing.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.135-2026, SEC.96.
Ind. Code § 13-11-2-242 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-242
"Unit"
Status: in_force

Sec. 242. "Unit", for purposes of:

(1) section 148(c) of this chapter;

(2) IC 13-18-12-7.5;

(3) IC 13-20-17.5;

(4) IC 13-20-20;

(5) IC 13-21-14-3; and

(6) IC 13-23;

has the meaning set forth in IC 36-1-2-23.

[Pre-1996 Recodification Citations: 13-7-10.5-4 part; 13-7-20-43(a); 13-7-33-5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.13; P.L.19-2019, SEC.1; P.L.95-2026, SEC.2.
Ind. Code § 13-30-3-12 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-12
Performance bond; surety
Status: in_force

Sec. 12. If an order of the commissioner allows time during which to correct a violation, the order may provide for the posting of a performance bond with surety or security acceptable to the department to assure the correction of the violation within the time prescribed in the order.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-11-2-172 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-172
"Program"
Status: in_force

Sec. 172. "Program", for purposes of IC 13-23, refers to an underground storage tank and aboveground storage tank release:

(1) detection;

(2) prevention; and

(3) correction;

program created in accordance with the requirements of IC 13-23 or IC 13-7-20 (before its repeal).

[Pre-1996 Recodification Citations: subsection (a) formerly 4-23-21-4; subsection (b) formerly 13-7-20-7.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.11; P.L.126-1997, SEC.4; P.L.253-1997(ss), SEC.15; P.L.132-1999, SEC.7; P.L.233-2017, SEC.18; P.L.189-2018, SEC.115; P.L.176-2023, SEC.26.
Ind. Code § 13-26-7-2 — Indiana Code / Title 13 / Article 26 / Chapter 7 / Section 13-26-7-2
Advancement of money
Status: in_force

Sec. 2. A local, state, or federal agency or person may advance or give a district money to be used by the district for the following purposes:

(1) The preparation of a plan for the operation of the district.

(2) Other purposes of the district until the district is in receipt of revenue from its operations or proceeds from the sale of bonds.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-13-8-9 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-9
Quorum
Status: in_force

Sec. 9. Eight (8) members of the board, five (5) of whom must be appointed members of the board, constitute a quorum. A quorum must be present to transact business at a meeting of the board. Meetings of the board are subject to the public meeting requirements under IC 5-14-1.5.

As added by P.L.133-2012, SEC.72.
Ind. Code § 13-11-2-230.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-230.3
"Third party certification system"
Status: in_force

Sec. 230.3. (a) "Third party certification system" means an international and multinational third party certification system, that consists of a set of rules for the implementation of mass balance attribution approaches for advanced recycling of materials.

(b) Third party certification systems include:

(1) International Sustainability & Carbon Certification;

(2) Underwriter Laboratories;

(3) SCS Recycled Content;

(4) Roundtable on Sustainable Biomaterials;

(5) Ecoloop; and

(6) REDcert2.

As added by P.L.54-2023, SEC.17.
Ind. Code § 13-20-13-11 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-11
Adoption of rules; legitimate use of waste tires and used tires
Status: in_force

Sec. 11. (a) Any rules adopted by the board for waste tires and used tires must include the following:

(1) Requirements for the registration of waste tire storage sites and waste tire processing operations.

(2) Requirements concerning the following:

(A) The operation of waste tire storage sites and waste tire processing operations.

(B) Proper storage and processing of waste tires.

(C) Contingency plans concerning the minimization of hazards to human health and the environment at waste tire storage sites and waste tire processing operations.

(D) Record keeping guidelines concerning the quantity of waste tires stored and processed at waste tire storage sites and waste tire processing operations.

(E) The transportation of waste tires and loads containing any combination of both waste tires and used tires.

(F) Reporting requirements concerning the transportation of:

(i) waste tires; and

(ii) loads containing any combination of both waste tires and used tires;

that include evidence of proper end point disposal or processing of tires described in this clause.

(3) Financial assurance acceptable to the department necessary for waste tire removal that a person that operates a waste tire storage site must maintain. The rules shall provide for the use of a corporate financial test that is substantially similar to the corporate financial test set forth in 40 CFR 258.74(e) as an optional financial assurance mechanism.

(4) The establishment of the fee required by section 4(a)(6) of this chapter in an amount necessary to cover the costs incurred in the following:

(A) Registering waste tire storage sites and waste tire processing operations under this chapter.

(B) Administering this chapter.

(b) The rules adopted under this section may establish standards and procedures for the legitimate use, instead of disposal, of waste tires, including standards and procedures concerning the following:

(1) Proper storage and handling.

(2) Record keeping.

(3) Circumstances under which the use of a waste tire is not considered a legitimate use.

[Pre-1996 Recodification Citation: 13-7-23-15.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.13; P.L.97-2016, SEC.5; P.L.27-2020, SEC.2; P.L.135-2026, SEC.199.
Ind. Code § 13-15-3-2 — Indiana Code / Title 13 / Article 15 / Chapter 3 / Section 13-15-3-2
Length of time permit may be issued; activities of a continuing nature
Status: in_force

Sec. 2. (a) A permit issued under:

(1) this article;

(2) IC 13-17-11;

(3) IC 13-18-18; or

(4) IC 13-20-1;

may be issued for any period determined by the department to be appropriate but not to exceed five (5) years.

(b) Except as provided in federal law, a valid permit that has been issued under this chapter that concerns an activity of a continuing nature may be renewed for a period of not more than ten (10) years as determined by the department. The board shall adopt rules implementing this subsection.

(c) The commissioner may delegate authority to issue or deny permits to a designated staff member.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.123-1996, SEC.12; P.L.128-1996, SEC.1; P.L.3-2026, SEC.1.
Ind. Code § 13-21-5-17 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-17
Failure to submit plan; disapproval of revision; adoption of plan by commissioner
Status: in_force

Sec. 17. If:

(1) a district fails to submit a district plan to the commissioner under section 1 of this chapter; or

(2) the commissioner disapproves a revised district plan submitted by the district under section 9 of this chapter;

the commissioner may adopt a solid waste management plan for the district.

[Pre-1996 Recodification Citation: 13-9.5-4-10.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-27-2-10 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-10
Grants; purpose
Status: in_force

Sec. 10. (a) The commissioner may award grants to support and sustain pollution prevention, including clean manufacturing through reductions in the use of toxic materials in production and commerce.

(b) Subject to subsection (a), the commissioner may award grants for any purpose the commissioner considers appropriate, including the following:

(1) Grants to nonprofit organizations to establish free or low cost technical assistance programs.

(2) Grants to assist:

(A) trade associations that represent manufacturers;

(B) business organizations;

(C) labor organizations; and

(D) educational institutions;

in developing training materials and making those training materials available to workers for in-plant use that will foster clean manufacturing.

(3) Grants to assist:

(A) industry;

(B) business organizations;

(C) educational institutions;

(D) labor organizations; and

(E) local units of government;

in establishing programs or materials to train and assist personnel in developing methods to measure and plan for pollution prevention.

(4) Grants to assist industry or business organizations, local units of government, and educational institutions in creating programs to train and certify:

(A) environmental auditors;

(B) engineers; and

(C) industrial hygienists;

to identify, evaluate, and implement pollution prevention measures and alternatives in audits, plans, and programs.

(5) Grants to any organization for generic research and development, pilot tests, and demonstration projects that:

(A) involve commonly used manufacturing processes or materials; and

(B) will produce results that will be of use to manufacturers other than manufacturers that may be involved in the research and development, pilot tests, or demonstration projects.

(c) The commissioner may require that a grantee provide matching money for a grant awarded under this section.

(d) Grant money awarded under this section may not be spent for capital improvements or equipment.

(e) The money for grants awarded under this section must come from money appropriated to the department for the purposes of this section.

[Pre-1996 Recodification Citation: 13-9-2-10.]

As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.19; P.L.104-1998, SEC.5; P.L.37-2012, SEC.56.
Ind. Code § 13-14-9-6 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-6
Board meetings; written materials
Status: in_force

Sec. 6. The department shall include the following in the written materials to be considered at the board meetings held under section 5(a)(1) and 5(a)(3) of this chapter:

(1) The full text of the proposed rule, as most recently prepared by the department.

(2) The written responses of the department to all comments received:

(A) during the immediately preceding public comment period for a board meeting held under section 5(a)(1) of this chapter;

(B) during the immediately preceding board meeting under section 5(a)(1) of this chapter for a board meeting held under section 5(a)(3) of this chapter if an additional public comment period is not required under section 4.5 of this chapter; or

(C) during:

(i) an additional public comment period that address the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in a notice under section 4 of this chapter; and

(ii) the immediately preceding board meeting held under section 5(a)(1) of this chapter;

for a board meeting held under section 5(a)(3) of this chapter if an additional public comment period is required under section 4.5 of this chapter.

(3) The full text of the latest version of the regulatory analysis provided to the budget agency and the office of management and budget under IC 4-22-2-22.8.

[Pre-1996 Recodification Citation: 13-7-7.1-6.]

As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.5; P.L.224-1999, SEC.3; P.L.123-2006, SEC.30; P.L.249-2023, SEC.57.
Ind. Code § 13-20-25-11 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-11
Recycling activity report; form; contents
Status: in_force

Sec. 11. (a) A recycling activity report submitted to the commissioner under this chapter must be submitted in a format required by the commissioner through the department's website.

(b) The recycling activity report form must be posted on the department's website and must do the following:

(1) Provide for reporting of the:

(A) name and location of; and

(B) principal business activities conducted at;

the recycler's establishment.

(2) Include:

(A) an appropriate space for; and

(B) instructions requiring the completion of;

an appropriate certification, by signature of the recycler (if the recycler is an individual) or a senior official with management responsibility for the recycler (if the recycler is not an individual), of the accuracy and completeness of the recycling activity report.

(3) Provide for reporting of the quantity, in tons, of each type of recyclable material listed in subsection (c) that was transported from the reporting recycler's establishment, or (in the case of a recycler that is a recyclable materials broker) that was transported or delivered by arrangement of the recycler, to any of the following:

(A) Other recyclers located in Indiana.

(B) Persons that are located in Indiana but are not recyclers, including persons that may employ the recyclable material as a raw material or a new product without further recycling.

(C) Persons located outside Indiana.

(c) A uniform recycling activity report form posted on the department's website under subsection (a) must specify that the information to be reported by a recycler under subsection (b)(3) must be reported separately for each of the following types of recyclable materials:

(1) Glass.

(2) Metal, including white goods (ferrous).

(3) Metal (nonferrous).

(4) Paper and paper products (all grades).

(5) Plastic and plastic products.

(6) Single stream recyclable materials.

(7) Any other distinct type of recyclable material not specified in subdivisions (1) through (6).

As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015, SEC.17; P.L.23-2026, SEC.94; P.L.135-2026, SEC.211.
Ind. Code § 13-21-1-4 — Indiana Code / Title 13 / Article 21 / Chapter 1 / Section 13-21-1-4
Assessment of solid waste management districts; report
Status: in_force

Sec. 4. (a) The legislative council may require an interim study committee or a statutory study committee to:

(1) assess solid waste management districts; and

(2) determine whether any changes should be made to the statutes governing solid waste management districts.

(b) An interim study committee or a statutory study committee that assesses solid waste management districts under subsection (a) shall issue a final report, in an electronic format under IC 5-14-6, to the legislative council containing the committee's findings and recommendations, including any recommended legislation, not later than November 1 of the year in which an assessment is conducted.

As added by P.L.37-2012, SEC.50. Amended by P.L.135-2026, SEC.227.
Ind. Code § 13-18-15-1 — Indiana Code / Title 13 / Article 18 / Chapter 15 / Section 13-18-15-1
Order to connect or receive and treat sewage
Status: in_force

Sec. 1. If the commissioner finds it is in the interest of the health, safety, convenience, and welfare of the residents of an area, a person may be ordered to connect to or receive and treat sewage from any other person or from an industry, a shopping center, a mobile home community, or a housing development when the service and use will not:

(1) result in irreparable injury to the receiving equipment; or

(2) make impossible the provision of the service previously provided to the users of the equipment.

[Pre-1996 Recodification Citation: 13-7-15-1(a) part.]

As added by P.L.1-1996, SEC.8. Amended by P.L.87-2005, SEC.1.
Ind. Code § 13-14-9-3 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-3
Public comment period; notice
Status: in_force

Sec. 3. Before publication of the notice described in IC 4-22-2-23, the department may provide notice in the Indiana Register of a public comment period regarding potential rulemaking. A notice provided under this section must do the following:

(1) Identify the authority under which the proposed rule is to be adopted.

(2) Describe the subject matter and the basic purpose of the proposed rule. The description required by this subdivision must:

(A) list all alternatives being considered by the department at the time of the notice;

(B) state whether each alternative listed under clause (A) creates:

(i) a restriction or requirement more stringent or burdensome than a restriction or requirement imposed under federal law; or

(ii) a restriction or requirement in a subject area in which federal law does not impose restrictions or requirements;

(C) state the extent to which each alternative listed under clause (A) differs from federal law;

(D) include any information known to the department about the potential fiscal impact of each alternative under clause (A) that creates:

(i) a restriction or requirement more stringent or burdensome than a restriction or requirement imposed under federal law; or

(ii) a restriction or requirement in a subject area in which federal law does not impose restrictions or requirements; and

(E) set forth the basis for each alternative listed under clause (A).

(3) Describe the relevant statutory or regulatory requirements or restrictions relating to the subject matter of the proposed rule that exist before the adoption of the proposed rule.

(4) Request the submission of alternative ways to achieve the purpose of the proposed rule.

(5) Request the submission of comments, including suggestions of specific language for the proposed rule.

(6) Include a detailed statement of the issue to be addressed by adoption of the proposed rule.

[Pre-1996 Recodification Citation: 13-7-7.1-3.]

As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.2; P.L.240-2003, SEC.4; P.L.282-2003, SEC.35; P.L.2-2005, SEC.54; P.L.215-2005, SEC.16; P.L.1-2006, SEC.200; P.L.100-2006, SEC.8; P.L.249-2023, SEC.52; P.L.135-2026, SEC.103.
Ind. Code § 13-12-3-1 — Indiana Code / Title 13 / Article 12 / Chapter 3 / Section 13-12-3-1
Purpose
Status: in_force

Sec. 1. The purpose of this title is:

(1) to provide for evolving policies for comprehensive environmental development and control on a statewide basis;

(2) to unify, coordinate, and implement programs to provide for the most beneficial use of the resources of Indiana; and

(3) to preserve, protect, and enhance the quality of the environment so that, to the extent possible, future generations will be ensured clean air, clean water, and a healthful environment.

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

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-11-2-189 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-189
"Response"
Status: in_force

Sec. 189. (a) "Response", for purposes of IC 13-24 and IC 13-25-4, means removal and remedial action.

(b) The term includes enforcement activities related to removal and remedial action.

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

As added by P.L.1-1996, SEC.1. Amended by P.L.49-2015, SEC.3.
Ind. Code § 13-11-2-156.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-156.5
"Peripheral"
Status: in_force

Sec. 156.5. "Peripheral", for purposes of this chapter, means a keyboard, a printer, or any other device that:

(1) is sold exclusively for external use with a computer; and

(2) provides input or output into or from a computer.

As added by P.L.178-2009, SEC.15.
Ind. Code § 13-18-24-1 — Indiana Code / Title 13 / Article 18 / Chapter 24 / Section 13-18-24-1
"Over the counter drug"
Status: in_force

Sec. 1. As used in this chapter, "over the counter drug" means a personal care product that contains a label that:

(1) identifies the product as a drug as required by 21 CFR 201.66; and

(2) includes:

(A) a drug facts panel; or

(B) a statement of active ingredients and a list of the ingredients contained in the personal care product.

As added by P.L.21-2015, SEC.5.
Ind. Code § 13-14-1-1 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-1
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-3-2.5.]

As added by P.L.1-1996, SEC.4. Repealed by P.L.37-2012, SEC.18.
Ind. Code § 13-13-8-1 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-1
"Board"
Status: in_force

Sec. 1. As used in this chapter, "board" refers to the environmental rules board established by section 3 of this chapter.

As added by P.L.133-2012, SEC.72.
Ind. Code § 13-25-2-10.7 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-10.7
Withholding funding for noncompliance
Status: in_force

Sec. 10.7. (a) The commission may withhold a local emergency planning committee's funding for failure to provide annually to the commission one (1) of the following:

(1) The report required under IC 13-25-1-6(b)(4).

(2) Proof of published legal notice required under SARA.

(3) An updated version of the local emergency planning committee's emergency preparedness plan as required under SARA.

(4) A copy of the current bylaws of the local emergency planning committee as required by SARA.

(5) Evidence of an exercise of the response plan required under SARA.

(6) A roster of the current membership of the local emergency planning committee as required under IC 13-25-1-6(b)(2).

(7) Minutes of the local emergency planning committee meetings conducted at least two (2) times, on separate days, every six (6) months as required under IC 13-25-1-6(b)(3).

(b) If the commission withholds funding under subsection (a), and notwithstanding section 10.6(a)(1) of this chapter, the commission may use the balance of the withheld funding for purposes of hazardous material training and preparedness.

As added by P.L.85-2015, SEC.16.
Ind. Code § 13-20-19-1 — Indiana Code / Title 13 / Article 20 / Chapter 19 / Section 13-20-19-1
Recycling coding required before sale
Status: in_force

Sec. 1. A person may not sell in Indiana:

(1) a plastic bottle with a capacity of at least sixteen (16) fluid ounces; or

(2) a rigid plastic container with a capacity of at least eight (8) fluid ounces;

unless the bottle or container is coded as required under section 2 of this chapter to assist recyclers in sorting the bottle or container by resin composition.

[Pre-1996 Recodification Citation: 13-7-22-1(a).]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-14-5.6 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-5.6
Revocation or modification of certificate of registration; appeal
Status: in_force

Sec. 5.6. (a) A certificate of registration issued by the department under this chapter may be revoked or modified by the commissioner, or by a designated staff member of the department, after notification in writing is sent in accordance with IC 13-14-2-1 to the holder of the certificate, for:

(1) failure to disclose all relevant facts;

(2) making a misrepresentation in obtaining the registration; or

(3) failure to correct, within the time established by the department, a violation of:

(A) a condition of the registration;

(B) this chapter; or

(C) a rule adopted by the board.

(b) A person aggrieved by the revocation or modification of a certificate of registration may appeal the revocation or modification to the office of administrative law proceedings under IC 4-15-10.5. Pending the decision resulting from a hearing under IC 4-21.5-3 concerning the revocation or modification, the registration remains in force. However, subsequent to revocation or modification, the commissioner may seek injunctive relief concerning the activity described in the registration.

As added by P.L.93-1998, SEC.18. Amended by P.L.1-1999, SEC.38; P.L.263-2013, SEC.6; P.L.128-2024, SEC.27; P.L.135-2026, SEC.202.
Ind. Code § 13-14-11-1 — Indiana Code / Title 13 / Article 14 / Chapter 11 / Section 13-14-11-1
Record of actions taken; confidential information
Status: in_force

Sec. 1. (a) The commissioner shall maintain a record of the actions taken under this title. Subject to subsection (b), these:

(1) records, issued permits, permit applications, and related documentation filed with the department; and

(2) records, reports, and other information obtained under the recording, reporting, monitoring, sampling, information, entry, inspection, investigation, and copying requirements of this title;

shall be made available for public inspection and copying in the department offices during regular business hours under IC 5-14-3.

(b) Upon showing satisfactory to the commissioner by any person that all or any part of the records, reports, permits, permit applications, documentation, or information other than effluent or emission data, would, if made public, divulge methods or processes entitled to protection as trade secrets of the person, the commissioner shall consider, treat, and protect all or part of the trade secret records, reports, or information as confidential.

[Pre-1996 Recodification Citations: 13-7-6-6 part; 13-7-16-3(a) part.]

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-26-5-1 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-1
Prerequisites to exercising rights, powers, and duties
Status: in_force

Sec. 1. Upon:

(1) the declaration of the commissioner organizing a district;

(2) the qualification of the board; and

(3) the election of a president, a treasurer, and a secretary;

the district may exercise in the district's own name, as a municipal corporation, all the rights, powers, and duties conferred upon the district by this article.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-21-3-21 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-21
Approval and delivery of budget
Status: in_force

Sec. 21. Before the board of a district may adopt an annual budget, the budget must be:

(1) approved by the department of local government finance; and

(2) sent to:

(A) the executive; and

(B) the fiscal body;

of each county and municipality located within the district as a matter of record.

[Pre-1996 Recodification Citation: 13-9.5-2-14.]

As added by P.L.1-1996, SEC.11. Amended by P.L.90-2002, SEC.370.
Ind. Code § 13-18-3-3 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-3
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.8. Repealed by P.L.133-2012, SEC.126.
Ind. Code § 13-18-5-2 — Indiana Code / Title 13 / Article 18 / Chapter 5 / Section 13-18-5-2
Exemptions
Status: in_force

Sec. 2. The rules adopted under section 1 of this chapter must provide exemptions for the following:

(1) A facility that is subject to similar requirements under other administrative rules or under state law, federal law, or federal regulations.

(2) Hazardous materials that are stored or transferred as products packaged for distribution to and use by the public.

(3) An above ground storage tank that:

(A) is used to store oils or petroleum products; and

(B) has a capacity of not more than six hundred sixty (660) gallons.

(4) Tanks subject to regulations adopted by the administrator of the United States Environmental Protection Agency under 42 U.S.C. 6991 through 6991i, as amended.

(5) Tanks subject to IC 13-23.

[Pre-1996 Recodification Citation: 13-1-3-19(e).]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-23-2-3 — Indiana Code / Title 13 / Article 23 / Chapter 2 / Section 13-23-2-3
Request for approval; time limitation on response
Status: in_force

Sec. 3. If the department does not respond to a request from a unit of local government for approval of an ordinance or a proposed ordinance under section 2 of this chapter not later than ninety (90) days after the request is made, the unit may enact and enforce the ordinance as though the department had given written approval under section 2 of this chapter.

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

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-11-2-155 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-155
"PCB"
Status: in_force

Sec. 155. (a) "PCB", for purposes of:

(1) IC 13-17-10;

(2) IC 13-20-15; and

(3) IC 13-22;

means the class of organic compounds known as polychlorinated biphenyls or terphenyls.

(b) The term includes any of several compounds produced by replacing at least two (2) hydrogen atoms on the biphenyl or terphenyl molecule with chlorine.

[Pre-1996 Recodification Citations: 13-7-8.5-11 part; 13-7-8.5-11.3 part; 13-7-8.6-5.3 part; 13-7-16.5-1 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-23-1-3 — Indiana Code / Title 13 / Article 23 / Chapter 1 / Section 13-23-1-3
Operator training program; website
Status: in_force

Sec. 3. (a) The department shall establish a training program:

(1) on a website; and

(2) that complies with the requirements of the federal Energy Policy Act of 2005 (P.L.109-58).

(b) The department may use the excess liability trust fund to pay expenses related to the training program established under subsection (a).

As added by P.L.105-2011, SEC.1. Amended by P.L.23-2026, SEC.100.
Ind. Code § 13-23-11-6 — Indiana Code / Title 13 / Article 23 / Chapter 11 / Section 13-23-11-6
Quorum; requirements for action
Status: in_force

Sec. 6. (a) The board must have a quorum to transact business. Five (5) members constitute a quorum.

(b) An affirmative vote of the majority of members present is required for the board to take action.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.5; P.L.113-2014, SEC.79; P.L.135-2026, SEC.248.
Ind. Code § 13-25-4-16 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-16
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.266.
Ind. Code § 13-16-1-2 — Indiana Code / Title 13 / Article 16 / Chapter 1 / Section 13-16-1-2
Board duties; factors to consider in establishing or revising fees
Status: in_force

Sec. 2. To establish fees or change the amount of a fee, the board shall:

(1) follow the procedure required for the adoption of rules; and

(2) take into account:

(A) the cost to the department of the issuance of a permit, license, or approval;

(B) the cost to the department of the performance of services in connection with the supervision, review, and other necessary activities related to the permit, license, or approval;

(C) the cost to the department of the surveillance of the activity or property covered by the license, permit, or approval;

(D) the cost to the department of amendments, modifications, and renewals of a permit, license, or approval; and

(E) fees charged for equivalent activities in other states.

[Pre-1996 Recodification Citation: 13-7-16-6(a).]

As added by P.L.1-1996, SEC.6. Amended by P.L.113-2014, SEC.68; P.L.250-2019, SEC.15.
Ind. Code § 13-11-2-103.9 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-103.9
"Household"
Status: in_force

Sec. 103.9. "Household", for purposes of section 47.7 of this chapter and IC 13-20.5, means the occupants of a dwelling located in Indiana who use a video display device at the dwelling primarily for personal use or home office use.

As added by P.L.178-2009, SEC.11.
Ind. Code § 13-12-2-2 — Indiana Code / Title 13 / Article 12 / Chapter 2 / Section 13-12-2-2
Effect of amendment of IC 13-11-2-265(b) by P.L.183-2002
Status: in_force

Sec. 2. The amendment of IC 13-11-2-265(b) by P.L.183-2002 applies retroactively to July 1, 1996. By its amendment of IC 13-11-2-265(b), the general assembly intends that there be no substantive difference in the law as amended by P.L.183-2002 and the law as it was constituted before the recodification of this title by enactment of P.L.1-1996.

As added by P.L.220-2011, SEC.278.
Ind. Code § 13-11-2-158 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-158
"Person"
Status: in_force

Sec. 158. (a) "Person", for purposes of:

(1) IC 13-21;

(2) air pollution control laws;

(3) water pollution control laws; and

(4) environmental management laws, except as provided in subsections (c), (d), and (e);

means an individual, a partnership, a copartnership, a firm, a company, a corporation, an association, a joint stock company, a trust, an estate, a municipal corporation, a city, a school city, a town, a school town, a school district, a school corporation, a county, any consolidated unit of government, a political subdivision, a state agency, a contractor, or any other legal entity.

(b) "Person", for purposes of:

(1) IC 13-18-10;

(2) IC 13-18-10.5;

(3) IC 13-20-10.5; and

(4) IC 13-20-17;

means an individual, a partnership, a copartnership, a firm, a company, a corporation, an association, a joint stock company, a trust, an estate, a political subdivision, a state agency, or other legal entity, or their legal representative, agent, or assigns.

(c) "Person", for purposes of:

(1) IC 13-20-13;

(2) IC 13-20-14;

(3) IC 13-20-16; and

(4) IC 13-25-6;

means an individual, a corporation, a limited liability company, a partnership, or an unincorporated association.

(d) "Person", for purposes of IC 13-20-25, means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a solid waste management district established under IC 13-21.

(e) "Person", for purposes of IC 13-23, has the meaning set forth in subsection (a). The term includes a consortium, a joint venture, a commercial entity, and the United States government.

(f) "Person", for purposes of IC 13-20-17.5, means an individual, a corporation, a limited liability company, a partnership, a trust, an estate, or an unincorporated association.

(g) "Person", for purposes of IC 13-26, means an individual, a firm, a partnership, an association, a limited liability company, or a corporation other than an eligible entity.

(h) "Person", for purposes of IC 13-29-1, means any individual, corporation, business enterprise, or other legal entity either public or private and any legal successor, representative, agent, or agency of that individual, corporation, business enterprise, or legal entity.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-1-2(b), (h) part; 13-1-1-11 part; 13-1-3-1.5 part; 13-1-3-22(c); 13-7-1-3 part; 13-7-1-17; 13-9.5-1-21; subsection (b) formerly 13-1-5.7-1(f); 13-1-5.7-1(g) part; 13-1-16-2; subsection (c) formerly 13-1-15-3; 13-6-2-7; 13-7-23-2.5; 13-7-23.2-3; subsection (d) formerly 13-7-20-5; subsection (e) formerly 13-7-22.5-5; subsection (f) formerly 13-3-2-1 part; subsection (g) formerly 13-5-9-2 part; subsection (h) formerly 13-7-13-4(a).]

As added by P.L.1-1996, SEC.1. Amended by P.L.123-1997, SEC.9; P.L.225-2001, SEC.10; P.L.137-2007, SEC.6; P.L.189-2011, SEC.8; P.L.114-2012, SEC.34; P.L.126-2014, SEC.3; P.L.113-2014, SEC.54; P.L.5-2015, SEC.39.
Ind. Code § 13-20-4-4 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-4
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-31-8.1.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-23-13-13 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-13
Emergency procurement powers; actions authorized under federal law
Status: in_force

Sec. 13. (a) This article does not bar the commissioner from using any emergency procurement powers existing under law.

(b) This article does not bar the commissioner from taking any actions authorized under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)).

[Pre-1996 Recodification Citation: 13-7-20-25.]

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-20-25-5 — Indiana Code / Title 13 / Article 20 / Chapter 25 / Section 13-20-25-5
"Recyclable materials broker"
Status: in_force

Sec. 5. As used in this chapter, "recyclable materials broker" means a person that:

(1) engages in the business of arranging for the collection, transportation, delivery, recycling, or reuse of recyclable materials; but

(2) does not take title to, or physical possession of, the recyclable materials.

As added by P.L.126-2014, SEC.9.
Ind. Code § 13-20-19-3 — Indiana Code / Title 13 / Article 20 / Chapter 19 / Section 13-20-19-3
Container with label or base cup of different material to be coded according to primary material
Status: in_force

Sec. 3. A bottle or other container with a label or base cup made of a different material than the rest of the container must be coded according to the primary, basic material of the bottle or container.

[Pre-1996 Recodification Citation: 13-7-22-1(c).]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-10-3 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-3
Registration applications; contents
Status: in_force

Sec. 3. To register a composting facility with the department, a person must submit an application to the department that contains the following:

(1) A:

(A) legal description; and

(B) topographic map;

of the site on which the composting facility will be located.

(2) A description of the composting facility that indicates the area to be served by the composting operation.

(3) An estimate of the volume of materials that will be processed annually by the composting facility.

(4) Any other information that the department or the board requires by rule.

[Pre-1996 Recodification Citation: 13-7-35-5.]

As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.142; P.L.199-2014, SEC.9.
Ind. Code § 13-11-1-2 — Indiana Code / Title 13 / Article 11 / Chapter 1 / Section 13-11-1-2
Applicability of definitions in IC 36-1-2
Status: in_force

Sec. 2. The definitions in IC 36-1-2 apply to the following:

(1) IC 13-20-3.

(2) IC 13-20-22.

(3) IC 13-21.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-19-3-1 — Indiana Code / Title 13 / Article 19 / Chapter 3 / Section 13-19-3-1
Waste rules
Status: in_force

Sec. 1. The board shall do the following:

(1) Except as otherwise provided in this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardous waste in Indiana, including:

(A) rules necessary to implement the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as amended; and

(B) rules necessary for the establishment of a state permit program under Section 2301 of the federal Water Infrastructure Improvements for the Nation Act (42 U.S.C. 6945(d)) for the implementation in Indiana of the federal CCR rule.

(2) Adopt by rule all exemptions or exclusions from regulation as waste that are adopted by the United States Environmental Protection Agency.

[Pre-1996 Recodification Citation: 13-1-12-8(a).]

As added by P.L.1-1996, SEC.9. Amended by P.L.25-1997, SEC.14; P.L.133-2012, SEC.132; P.L.97-2016, SEC.3; P.L.100-2021, SEC.8; P.L.120-2022, SEC.4; P.L.135-2026, SEC.181.
Ind. Code § 13-25-4-21 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-21
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.7-10.9(d).]

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.271.
Ind. Code § 13-30-10-3 — Indiana Code / Title 13 / Article 30 / Chapter 10 / Section 13-30-10-3
Repealed
Status: repealed

As added by P.L.137-2007, SEC.31. Repealed by P.L.114-2008, SEC.33.
Ind. Code § 13-18-5-1 — Indiana Code / Title 13 / Article 18 / Chapter 5 / Section 13-18-5-1
Rules regarding secondary containment structures at storage or transfer facilities; release contingency plans
Status: in_force

Sec. 1. The board may adopt rules under IC 4-22-2 to require the following:

(1) The construction or installation of secondary containment structures at facilities in which hazardous materials are stored or transferred for the purpose of preventing released hazardous materials from entering surface water or groundwater.

(2) The development by the owner or operator of each facility at which hazardous materials are stored or handled of a plan for responding to the release of a hazardous material at that facility.

(3) The rules must be consistent with applicable safety and fire code laws.

[Pre-1996 Recodification Citation: 13-1-3-19(d).]

As added by P.L.1-1996, SEC.8. Amended by P.L.135-2026, SEC.159.
Ind. Code § 13-12-1-3 — Indiana Code / Title 13 / Article 12 / Chapter 1 / Section 13-12-1-3
Applicability of article
Status: in_force

Sec. 3. (a) The recodification act of the 1996 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

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

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

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

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior environmental law;

before the effective date of the recodification act of the 1996 regular session of the general assembly (July 1, 1996). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, permits, licenses, certificates of registration, grants of authority, or limitations of authority continue and shall be imposed and enforced under prior environmental law as if the recodification act of the 1996 regular session of the general assembly had not been enacted.

(b) The recodification act of the 1996 regular session of the general assembly does not:

(1) extend, or cause to expire, a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior environmental law.

(c) The recodification act of the 1996 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior environmental law or the rules adopted under the prior environmental law.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-25-2-14 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-14
Disclosure to general public
Status: in_force

Sec. 14. (a) An emergency response plan, material safety data sheet, list of chemicals described in section 8(b) of this chapter, inventory form, and follow-up emergency notice shall be made available to the general public during normal working hours at the location or locations designated by the commission or local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of sections 9 through 10 of this chapter, the commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 10(a) of this chapter to be contained in an inventory form as tier II information.

(b) A local emergency planning committee shall annually publish a notice in local newspapers stating that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section. The notice must:

(1) state that follow-up emergency notices may subsequently be issued; and

(2) announce that members of the public who desire to review:

(A) an emergency response plan;

(B) a material safety data sheet;

(C) an inventory form; or

(D) a follow-up notice;

may do so at the location designated under subsection (a).

[Pre-1996 Recodification Citation: 13-7-37-19.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-22-10-3 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-3
Repealed
Status: repealed

As added by P.L.124-1996, SEC.9. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-18-16-16 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-16
Nonprofit water utility reconstituted as water authority by resolution; status as political subdivision; existing obligations; treatment as nonprofit; independent audits
Status: in_force

Sec. 16. (a) A nonprofit water utility may adopt a resolution approved by its board of directors under this section that reconstitutes the nonprofit water utility as a water authority to be named as provided in the resolution.

(b) A resolution adopted under this section must allow:

(1) the structure of the board of directors; and

(2) the rules governing the water authority;

to remain the same as those applicable to the nonprofit water utility.

(c) The water authority shall retain all its powers, privileges, rights, and exemptions as a nonprofit water utility under:

(1) its existing bylaws and articles; and

(2) all laws applicable to nonprofit water utilities and local water corporations, including powers granted under IC 32-24-4-1.

(d) Except as provided in subsection (g), a water authority constituted under this section is a political subdivision of the state.

(e) A copy of a resolution adopted under this section must be filed with the secretary of state. When the secretary of state receives a copy of a resolution under this subsection, the secretary of state shall dissolve the corporate status of the nonprofit water utility for purposes of state law.

(f) A water authority constituted under this section shall:

(1) remain obligated under any existing contracts or agreements; and

(2) remain obligated and assume the indebtedness;

of the nonprofit water utility.

(g) Notwithstanding any other law and subject to subsections (h) and (i), a water authority constituted under this section is subject only to the laws applicable to nonprofit water utilities and local water corporations and is not subject to the following:

(1) IC 5-3.

(2) IC 5-4-1.

(3) IC 5-11.

(4) IC 5-13.

(5) IC 5-14-1.5.

(6) IC 5-14-3.

(7) IC 5-22.

(8) IC 36-1-8.

(9) IC 36-1-10.

(10) IC 36-1-10.5.

(11) IC 36-1-11.

(12) IC 36-1-12.

(13) IC 36-1-15.

(h) A water authority constituted under this section is subject to IC 8-1.5-3-8 for purposes of setting rates and charges.

(i) For each fiscal or calendar year of a water authority constituted under this section that ends after December 31, 2006, the water authority:

(1) shall:

(A) have an audit of its financial records performed by an independent certified public accounting firm; and

(B) keep the audit report on file at the water authority; and

(2) notwithstanding IC 5-11-1-9, is not subject to the following:

(A) Audit or examination by the state board of accounts.

(B) The examination guidelines and reporting requirements of the state board of accounts.

As added by P.L.104-1998, SEC.3. Amended by P.L.220-1999, SEC.3; P.L.2-2002, SEC.57; P.L.166-2006, SEC.1.
Ind. Code § 13-21-1-2 — Indiana Code / Title 13 / Article 21 / Chapter 1 / Section 13-21-1-2
Contents of plan
Status: in_force

Sec. 2. The state plan must provide for solid waste management in Indiana for the twenty (20) years following the adoption of the state plan. The state plan may include the following, in order of priority:

(1) The establishment of voluntary statewide goals for source reduction.

(2) The establishment of criteria for alternatives to final disposal, including the following:

(A) Recycling.

(B) Composting.

(C) The availability of markets.

(3) The establishment of general criteria for the siting, construction, operation, closing, and monitoring of final disposal facilities.

(4) Criteria and other elements to be considered in the adoption of district solid waste management plans.

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

As added by P.L.1-1996, SEC.11. Amended by P.L.135-2026, SEC.225.
Ind. Code § 13-21-9-5 — Indiana Code / Title 13 / Article 21 / Chapter 9 / Section 13-21-9-5
Bonds; expenses, premiums, and commissions
Status: in_force

Sec. 5. The district may advance all expenses, premiums, and commissions that the district considers necessary or advantageous in connection with the issuance of bonds issued under this chapter.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-26-9-3 — Indiana Code / Title 13 / Article 26 / Chapter 9 / Section 13-26-9-3
Exemption from certain ordinances and rules
Status: in_force

Sec. 3. A sewage disposal company that is subject to the jurisdiction of the Indiana utility regulatory commission under IC 8-1-2-89, and all of the territory lying in the area to which the company holds a certificate of territorial authority, is exempt from all ordinances and rules adopted by the board, except those ordinances and rules pertaining to maintenance and operation, until:

(1) the connection is made to the sewerage system of the district; and

(2) the district begins to provide service within the area covered by the certificate of territorial authority.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-11-2-25.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-25.5
Repealed
Status: repealed

As added by P.L.123-1997, SEC.2. Repealed by P.L.57-2009, SEC.18.
Ind. Code § 13-25-2-17 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-17
Civil actions by commission or local emergency planning committee
Status: in_force

Sec. 17. The commission or a local emergency planning committee may commence a civil action against an owner or operator of a facility for failure to:

(1) provide information under section 5(d) of this chapter; or

(2) submit tier II information under section 10 of this chapter.

[Pre-1996 Recodification Citation: 13-7-37-20(c).]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-17-1-2 — Indiana Code / Title 13 / Article 17 / Chapter 1 / Section 13-17-1-2
Local air quality control programs
Status: in_force

Sec. 2. Local and air quality basin control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-54 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-54
Repealed
Status: repealed

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-8.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.3. Repealed by P.L.37-2012, SEC.3.
Ind. Code § 13-11-2-265.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-265.5
Repealed
Status: repealed

As added by P.L.140-2000, SEC.14. Repealed by P.L.97-2004, SEC.133.
Ind. Code § 13-11-2-181 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-181
"Region"
Status: in_force

Sec. 181. "Region", for purposes of IC 13-29-1, means the area of the party states.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-130 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-130
"Minor permit"
Status: in_force

Sec. 130. "Minor permit", for purposes of IC 13-18-20, refers to a NPDES permit that is not a major permit.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-30-3-9 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-9
Hearings; complainant's burden
Status: in_force

Sec. 9. In hearings under this chapter, the burden is on the complainant to show the alleged violation.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-11-2-52.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-52.5
"Depolymerization"
Status: in_force

Sec. 52.5. "Depolymerization" means a manufacturing process in which post-use polymers are broken into smaller molecules, including:

(1) monomers and oligomers; or

(2) raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, and coatings.

As added by P.L.54-2023, SEC.3.
Ind. Code § 13-22-10-11 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-11
Repealed
Status: repealed

As added by P.L.124-1996, SEC.17. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-21-3-7 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-7
Joint districts; executive committees; powers
Status: in_force

Sec. 7. (a) In:

(1) a joint district; or

(2) a single district having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000);

the board appointed under section 5 of this chapter may elect from the board's membership an executive committee having an odd number of members.

(b) An executive committee elected under subsection (a) for a joint district has only the powers invested in the committee by resolution of the board. An executive committee may exercise any powers of the board under this article that are delegated to the executive committee by resolution of the board.

(c) The board of the joint district may appoint one (1) or more alternates from among the membership of the board to:

(1) participate; and

(2) exercise the power to vote;

with the executive committee if a member of the executive committee is absent.

(d) A meeting of an executive committee may serve as the regularly scheduled monthly meeting of a board as required under IC 13-21-5-2.

[Pre-1996 Recodification Citation: 13-9.5-2-7.]

As added by P.L.1-1996, SEC.11. Amended by P.L.11-2023, SEC.48.
Ind. Code § 13-20-21-6 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-6
Disposal fees; additional fees for certain municipal landfills
Status: in_force

Sec. 6. (a) Subject to subsection (c), for solid waste, the disposal fees are as follows:

Fee

Solid waste disposed into a

municipal solid waste landfill per ton

$ 0.10

Solid waste disposed into a

nonmunicipal solid waste landfill per ton

$ 0.10

Solid waste disposed

into an incinerator per ton

$ 0.05

Solid waste disposed into a

construction\demolition waste site per ton

$ 0.10

(b) There is no solid waste disposal fee for solid waste disposed into a solid waste landfill permitted to accept restricted waste solely generated by the person to which the permit is issued.

(c) With respect to a municipal solid waste landfill, a nonmunicipal solid waste landfill, or a construction\demolition waste site:

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

(2) for which the department issues an original permit for construction after March 1, 2006; and

(3) for which a host agreement has not been entered into under IC 13-20-24;

the county fiscal body may establish a disposal fee that does not exceed two dollars and fifty cents ($2.50) per ton, which applies in addition to the disposal fee established in subsection (a).

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

As added by P.L.1-1996, SEC.10. Amended by P.L.138-2000, SEC.9; P.L.218-2001, SEC.9; P.L.131-2006, SEC.8.
Ind. Code § 13-11-2-23.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-23.5
"Cathode ray tube"
Status: in_force

Sec. 23.5. "Cathode ray tube", for purposes of this chapter, means a vacuum tube or picture tube designed to convert an electronic signal into a visual image.

As added by P.L.178-2009, SEC.3.
Ind. Code § 13-14-11-4 — Indiana Code / Title 13 / Article 14 / Chapter 11 / Section 13-14-11-4
Storage and security of files
Status: in_force

Sec. 4. The department shall, subject to the approval of the board, develop written procedures for the separate storage and security of files containing records excepted from disclosure requirements under IC 5-14-3-4.

[Pre-1996 Recodification Citation: 13-7-16-3(c).]

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.91.
Ind. Code § 13-26-5-6.5 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-6.5
Notice; proposed extension of service
Status: in_force

Sec. 6.5. A district that intends to extend service within its territory shall provide notice to all owners of property to be served by the proposed extension of service in the following manner not later than sixty (60) days from the date of the decision to extend service:

(1) By publication one (1) time each week for three (3) consecutive weeks:

(A) with each publication of notice:

(i) in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, of the district affected by the proposed extension of service;

(ii) if there is only one (1) newspaper of general circulation in a county, a single publication satisfies the requirement of this subdivision; or

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

(B) with the first publication of notice made in a newspaper or newspapers described in clause (A) and the two (2) subsequent publications of notice:

(i) in accordance with IC 5-3-5 and on the official website of the district; or

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

(2) By United States mail, postage prepaid, mailed to each freeholder within the territory to which the district proposes to extend service or electronically at least two (2) weeks before the hearing to each freeholder within the proposed district.

As added by P.L.292-2013, SEC.8. Amended by P.L.152-2021, SEC.15; P.L.27-2024, SEC.10.
Ind. Code § 13-11-2-86.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-86.8
"Freeholder"
Status: in_force

Sec. 86.8. "Freeholder", for purposes of this chapter and IC 13-21-3-5, means a person who holds land:

(1) in fee;

(2) for life; or

(3) for some indeterminate period;

whether or not the person holds the land in joint title with one (1) or more other persons.

As added by P.L.60-2017, SEC.2.
Ind. Code § 13-29-1-5 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-5
Rights and obligations of party states
Status: in_force

Sec. 5.

ARTICLE V. RIGHTS AND OBLIGATIONS

OF PARTY STATES

a. Each party state shall act in good faith in the performance of acts and courses of conduct which are intended to ensure the provision of facilities for regional availability and usage in a manner consistent with this compact.

b. Except for waste attributable to radioactive material or waste imported into the region in order to render the material or waste amenable to transportation, storage, disposal, or recovery, or in order to convert the waste or material to another usable material, or to reduce it in volume or otherwise treat it, each party state has the right to have all wastes generated within its borders disposed of at compact facilities subject to the payment of all fees established by the host state under Article VI(j) of this compact and to the provisions contained in Articles VI(l), VI(s), VIII(d), IX(d), and X of this compact. All party states have an equal right of access to any facility made available to the region by any agreement entered into by the Commission pursuant to Article III(h)(6) of this compact, subject to the provisions of Articles VI(l), VI(s), VIII(d), and X of this compact.

c. If a party state's right to have waste generated within its borders disposed of at compact facilities, or at any noncompact facility made available to the region by an agreement entered into by the Commission under Article III(h)(6) of this compact, is suspended, no waste generated within its borders by any person shall be disposed of at any such facility during the period of the suspension.

d. To the extent permitted by federal law, each party state may enforce any applicable federal and state laws, regulations and rules pertaining to the packaging and transportation of waste generated within or passing through its borders. Nothing in this section shall be construed to require a party state to enter into any agreement with the U.S. Nuclear Regulatory Commission.

e. Each party state shall provide to the Commission any data and information the Commission requires to implement its responsibilities. Each party state shall establish the capability to obtain any data and information required by the Commission.

f. If, notwithstanding the sovereign immunity provision in Article VII(f)(1) and the indemnification provided for in Articles III(p), VI(o), and VII(g) of this compact, a party state incurs a cost as a result of an inadequate remedial action fund or an exhausted long-term care fund, or incurs a liability as a result of an action described in Article VII(f)(1) and not described in Article VII(f)(2) of this compact, the cost or liability shall be the pro rata obligation of each party state and each state that has withdrawn from this compact or had its membership in this compact revoked. The Commission shall determine each state's pro rata obligation in a fair and equitable manner based on the amount of waste from each such state that has been or is projected to be disposed of at the compact facility with respect to which the cost or liability to be shared was incurred. No state shall be obligated to pay the pro rata obligation of any other state.

The pro rata obligations provided for in Article V(f) of this compact do not result in the creation of state debt. Rather, the pro rata obligations are contractual obligations that shall be enforced by only the commission or an affected party state.

g. If the party states make payment pursuant to Article V(f) of this compact, the surcharge or fee provided for in Article III(j) of this compact shall be used to collect the funds necessary to reimburse the party states for those payments. The Commission shall determine the time period over which reimbursement shall take place.

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

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.6.
Ind. Code § 13-20-26-3 — Indiana Code / Title 13 / Article 20 / Chapter 26 / Section 13-20-26-3
Award totals
Status: in_force

Sec. 3. To implement the second round of grants described in this chapter, the Indiana recycling market development board may not award more than a total of two million dollars ($2,000,000) to applicants.

As added by P.L.153-2023, SEC.4. Amended by P.L.135-2026, SEC.213.
Ind. Code § 13-23-13-3 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-3
Exposure assessment
Status: in_force

Sec. 3. A corrective action undertaken or required under this chapter may include an exposure assessment. The cost of any exposure assessment undertaken under this chapter may be recovered under section 8 of this chapter as part of the costs of corrective action.

[Pre-1996 Recodification Citation: 13-7-20-19(c).]

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-12-5-2 — Indiana Code / Title 13 / Article 12 / Chapter 5 / Section 13-12-5-2
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-1-10.1-2.]

As added by P.L.1-1996, SEC.2. Amended by P.L.124-1997, SEC.14. Repealed by P.L.135-2026, SEC.48.
Ind. Code § 13-11-2-104.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-104.7
"In lieu fee mitigation program"
Status: in_force

Sec. 104.7. "In lieu fee mitigation program", for purposes of IC 13-18-22-6, means a program under which a person proposing a wetland activity in a state regulated wetland provides funds to a third party that will use the funds to offset the loss of wetlands resulting from the proposed wetland activity.

As added by P.L.147-2015, SEC.1.
Ind. Code § 13-18-8-9 — Indiana Code / Title 13 / Article 18 / Chapter 8 / Section 13-18-8-9
Violations
Status: in_force

Sec. 9. A person who fails to discharge a duty imposed upon the person by the water pollution control laws commits a Class B misdemeanor.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-25-1-3 — Indiana Code / Title 13 / Article 25 / Chapter 1 / Section 13-25-1-3
Compensation
Status: in_force

Sec. 3. (a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).

(b) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

[Pre-1996 Recodification Citation: 13-7-36-4.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-17-12-2 — Indiana Code / Title 13 / Article 17 / Chapter 12 / Section 13-17-12-2
Power of county to adopt and enforce air pollution ordinances
Status: in_force

Sec. 2. (a) For the maintenance of the quality of the air resource, a county may adopt and enforce ordinances controlling air pollution.

(b) In a county not having a consolidated city, the ordinances may not include municipalities with an air pollution ordinance under air pollution control laws.

(c) In a county having a consolidated city, a county air pollution ordinance may apply throughout the entire county, including territory inside the corporate boundaries of excluded cities.

[Pre-1996 Recodification Citation: 13-1-1-10(b).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-17-3-6 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-6
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.7. Repealed by P.L.133-2012, SEC.119.
Ind. Code § 13-14-11-3 — Indiana Code / Title 13 / Article 14 / Chapter 11 / Section 13-14-11-3
Records permissively excepted from disclosure
Status: in_force

Sec. 3. (a) A person required by the department or a board to submit a record that in the person's opinion constitutes a record that is:

(1) confidential under IC 5-14-3-4(a); or

(2) permissively excepted under IC 5-14-3-4(b);

may so certify and request that the record be made available only for the use of the department or the boards.

(b) The department shall consider a request made under subsection (a). If the department finds that the record is excepted from disclosure under IC 5-14-3-4(a), the request shall be granted. If the department finds that the record is permissively excepted from disclosure under IC 5-14-3-4(b), the request may be granted.

(c) It is the duty of:

(1) the person providing the record to ask that any or all of the record be declared excepted from disclosure under IC 5-14-3-4; and

(2) the commissioner to decide whether the record will be made public, subject to review as provided in IC 4-21.5-5.

[Pre-1996 Recodification Citation: 13-7-16-3(b).]

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-11-2-199.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-199.5
"Septic tank soil absorption system"
Status: in_force

Sec. 199.5. "Septic tank soil absorption system", for purposes of this chapter, IC 13-18-12, and IC 13-26-5-2.5, means pipes laid in a system of trenches or elevated beds, into which the effluent from the septic tank is discharged for soil absorption, or similar structures.

As added by P.L.193-2001, SEC.1. Amended by P.L.172-2002, SEC.3; P.L.292-2013, SEC.2.
Ind. Code § 13-11-2-179.9 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-179.9
"Recycler"
Status: in_force

Sec. 179.9. (a) "Recycler", for purposes of sections 31.1 and 31.2 of this chapter and IC 13-20.5, means an individual or public or private entity that accepts covered electronic devices from covered entities and collectors for the purpose of recycling. The term does not include a manufacturer that accepts products for refurbishment or repair.

(b) "Recycler", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-7.

As added by P.L.178-2009, SEC.18. Amended by P.L.126-2014, SEC.7.
Ind. Code § 13-23-8-7 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-7
Discrimination prohibited; no enforceable right to payment of claim
Status: in_force

Sec. 7. (a) The department, with respect to payment of claims, may not discriminate against any claimant. However, subject to this chapter, a claimant does not have an enforceable right to the payment of an ELTF claim.

(b) This chapter does not create any obligation on the part of the state other than as specifically provided in this article.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.12; P.L.96-2016, SEC.29.
Ind. Code § 13-11-2-14 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-14
"Assistance"
Status: in_force

Sec. 14. "Assistance", for purposes of IC 13-14-10-3, means supplies, materials, services, and equipment to:

(1) prevent the discharge of any contaminant; or

(2) control, contain, isolate, neutralize, remove, store, or dispose of any contaminant already discharged into or on the air, land, or waters of Indiana.

[Pre-1996 Recodification Citation: 13-7-12-3(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-161 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-161
"Petroleum facility"
Status: in_force

Sec. 161. (a) "Petroleum facility", for purposes of IC 13-24-1, means any of the following:

(1) A building.

(2) A structure.

(3) An installation.

(4) A piece of equipment.

(5) A pipe, including a pipe that runs into a sewer or publicly owned treatment facility.

(6) A well.

(7) A pit.

(8) A pond.

(9) A lagoon.

(10) An impoundment.

(11) A ditch.

(12) A landfill.

(13) A storage container.

(14) A motor vehicle.

(15) Rolling stock.

(16) Aircraft.

(17) A site or an area on which petroleum has been:

(A) deposited;

(B) stored;

(C) disposed of;

(D) placed; or

(E) located.

(b) The term does not include the following:

(1) A consumer product in consumer use.

(2) An underground storage tank or aboveground storage tank.

[Pre-1996 Recodification Citation: 13-7-20.1-5 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.176-2023, SEC.24.
Ind. Code § 13-14-13-5 — Indiana Code / Title 13 / Article 14 / Chapter 13 / Section 13-14-13-5
Electronic signature requirements; repudiation of electronic signature not permitted
Status: in_force

Sec. 5. Information submitted in an acceptable electronic document under a procedure adopted under section 4 of this chapter must have a signature uniquely assigned. The receiving system for the document must be able to attribute the signature to a specific individual. If an electronic document is submitted under an assigned signature, the signatory may not repudiate responsibility for the signature.

As added by P.L.114-2008, SEC.8.
Ind. Code § 13-23-6-1 — Indiana Code / Title 13 / Article 23 / Chapter 6 / Section 13-23-6-1
Establishment
Status: in_force

Sec. 1. The petroleum storage tank trust fund is established to provide a source of money for the uses set forth in IC 13-23-13-6.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.37.
Ind. Code § 13-28-3-3 — Indiana Code / Title 13 / Article 28 / Chapter 3 / Section 13-28-3-3
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.18. Amended by P.L.53-2014, SEC.129. Repealed by P.L.130-2018, SEC.73.
Ind. Code § 13-12-4-7 — Indiana Code / Title 13 / Article 12 / Chapter 4 / Section 13-12-4-7
Statutory obligations of state agencies unaffected
Status: in_force

Sec. 7. Sections 5 and 6 of this chapter do not affect the specific statutory obligations of any state agency to do any of the following:

(1) Comply with criteria or standards of environmental quality.

(2) Coordinate or consult with any other federal or state agency.

(3) Act or refrain from acting contingent upon the recommendations or certification of any other federal or state agency.

[Pre-1996 Recodification Citation: 13-1-10-5.]

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-22-3-9 — Indiana Code / Title 13 / Article 22 / Chapter 3 / Section 13-22-3-9
Incineration of PCB
Status: in_force

Sec. 9. In addition to any other requirements, a permit may not be issued under this chapter for the construction or operation of a hazardous waste facility to be used for the incineration of PCB or for an ancillary facility required by the incineration process unless the person applying for the permit has demonstrated all of the following:

(1) That the destruction or treatment technology to be used at the proposed hazardous waste facility has been in operation:

(A) at a facility that is equivalent to the proposed hazardous waste facility; and

(B) for a time sufficient to demonstrate that:

(i) ninety-nine and nine thousand nine hundred ninety-nine ten thousandths percent (99.9999%) of the PCB processed at the equivalent facility has been destroyed; and

(ii) a hazardous substance has not been released into another solid, liquid, or gaseous substance by the destruction or treatment technology used in the incineration process.

(2) That monitoring data from an equivalent hazardous waste facility demonstrates that there are no releases from the equivalent facility that alone or in combination with another substance present a risk of any of the following:

(A) An acute or a chronic human health effect.

(B) An adverse environmental effect.

(3) That a plan to:

(A) provide sufficient training, coordination, and equipment for state and local emergency response personnel needed to respond to possible releases of harmful substances from the proposed hazardous waste facility or ancillary facility; and

(B) evacuate persons in the geographic area at risk from the worst possible release of:

(i) the PCB; or

(ii) a substance produced in the destruction or treatment of the PCB;

from the proposed hazardous waste facility or ancillary facility;

has been funded and developed.

[Pre-1996 Recodification Citation: 13-7-8.5-11.3.]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-23-4-6 — Indiana Code / Title 13 / Article 23 / Chapter 4 / Section 13-23-4-6
Bankruptcy of owner or operator of underground storage tank; liability of guarantor
Status: in_force

Sec. 6. (a) If:

(1) the owner or operator of an underground storage tank is in bankruptcy, reorganization, or arrangement under the federal bankruptcy law; or

(2) despite the exercise of reasonable diligence, 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.

(b) In an action based upon a claim under subsection (a), 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 an underground storage tank. This section does not do any of the following:

(1) Limit any other liability of a guarantor to the owner or operator of an underground storage tank, such as liability for bad faith in:

(A) negotiating; or

(B) failing to negotiate;

the settlement of any claim.

(2) Diminish the liability of any person under the following:

(A) Section 107 or 111 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607 or 9611).

(B) Any other applicable law.

[Pre-1996 Recodification Citation: 13-7-20-17(b), (c).]

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-15-4-18 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-18
Remedies not exclusive
Status: in_force

Sec. 18. The remedies provided in this chapter are not the exclusive remedies available to a permit applicant. A permit applicant's election of a remedy under this chapter does not preclude the permit applicant from seeking other remedies available at law or in equity.

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

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-26-4-5 — Indiana Code / Title 13 / Article 26 / Chapter 4 / Section 13-26-4-5
Number of trustees; sewage treatment in cooperation with municipality
Status: in_force

Sec. 5. If a plan also contemplates that sewage treatment for the district will be provided in cooperation with a municipality, the order must provide that:

(1) at least one (1) trustee shall be appointed by the executive of the municipality; and

(2) at least:

(A) one (1) trustee shall be appointed by the fiscal body; and

(B) one (1) trustee shall be appointed by the executive;

of the county having the largest amount of 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 § 13-18-3-2.5 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-2.5
CSO wet weather limited use subcategory established; application after approval of long term control plan; other requirements; EPA approval; monitoring and review; rules
Status: in_force

Sec. 2.5. (a) A CSO wet weather limited use subcategory is established for waters affected by receiving combined sewer overflows, as specified in an approved long term control plan. The CSO wet weather limited use subcategory applies to a specific water body after implementation of an approved long term control plan for the combined sewer system whose overflow discharges affect those waters is implemented and the conditions of subsection (b) are satisfied. The following requirements apply to the CSO wet weather limited use subcategory:

(1) The water quality based requirements associated with the CSO wet weather limited use subcategory that apply to waters affected by wet weather combined sewer overflows are determined by an approved long term control plan for the combined sewer system. The water quality based requirements remain in effect during the time and to the physical extent that the recreational use designation that applied to the waters immediately before the application to the waters of the CSO wet weather limited use subcategory is not attained, but for not more than four (4) days after the date the overflow discharge ends.

(2) At all times other than those described in subdivision (1), the water quality criteria associated with the appropriate recreational use designation that applied to the waters immediately before the application to the waters of the CSO wet weather limited use subcategory apply unless there is a change in the use designation as a result of a use attainability analysis.

(b) The CSO wet weather limited use subcategory applies if:

(1) the department has approved a long term control plan for the NPDES permit holder for the combined sewer system;

(2) the approved long term control plan:

(A) is incorporated into:

(i) the NPDES permit holder's NPDES permit; or

(ii) an order of the commissioner under IC 13-14-2-6;

(B) satisfies the requirements of section 2.3 of this chapter; and

(C) specifies the water quality based requirements that apply to combined sewer overflows during and immediately following wet weather events, as provided in subsection (a)(1);

(3) the NPDES permit holder has implemented the approved long term control plan; and

(4) subject to subsection (c), 40 CFR 131.10, 40 CFR 131.20, and 40 CFR 131.21 are satisfied.

(c) For purposes of subsection (b)(4), 40 CFR 131.10 may be satisfied by including appropriate data and information in the long term control plan.

(d) The department shall implement the CSO wet weather limited use subcategory and associated water quality based requirements under this section when the subcategory and requirements are approved by the United States Environmental Protection Agency. The department shall seek approval of the United States Environmental Protection Agency in a timely manner.

(e) The NPDES permit holder shall monitor its discharges and the water quality in the affected receiving stream periodically as provided in the long term control plan. The NPDES permit holder shall provide all such information to the department.

(f) In conjunction with a review of its long term control plan under section 2.4 of this chapter, the NPDES permit holder shall review information generated after the use attainability analysis was approved by the department to determine whether the conclusion of the use attainability analysis is still valid. The NPDES permit holder shall provide the results of the review to the department.

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

As added by P.L.140-2000, SEC.20. Amended by P.L.54-2005, SEC.4; P.L.135-2026, SEC.147.
Ind. Code § 13-28-4-8 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-8
Stipulations regarding privilege
Status: in_force

Sec. 8. The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under section 1 of this chapter.

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

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-20-6-5 — Indiana Code / Title 13 / Article 20 / Chapter 6 / Section 13-20-6-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10.5-14.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.154-2005, SEC.17.
Ind. Code § 13-21-5-16 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-16
Considerations and limitations of plan
Status: in_force

Sec. 16. (a) A district plan must consider, in all circumstances, contracts with private persons.

(b) A district plan or amended plan must, where reasonably necessary to effectuate the efficient use of existing permitted final disposal facilities, take account of permitted final disposal facilities in the district that are in operation at the time the district plan is adopted. A district plan or amended plan must incorporate all recycling activities in progress in the district at the time the district plan is adopted or amended.

(c) A district plan may not impose operational requirements on a privately owned or operated facility that differ from operational requirements imposed on a public facility solely because the facility is privately owned or operated.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-18-16-15 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-15
Enforcement of chapter
Status: in_force

Sec. 15. The commissioner may enforce this chapter under IC 13-30-3.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-20-22-17 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-17
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.19.
Ind. Code § 13-28-4-4 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-4
Burden of proof regarding privilege
Status: in_force

Sec. 4. (a) A party asserting the privilege described in section 1 of this chapter has the burden of proving that the party may exercise the privilege.

(b) A party asserting the privilege described in section 1 of this chapter has the burden of establishing evidence that the person made appropriate efforts to achieve compliance as described in section 2(b) of this chapter if the evidence indicates that the person was in noncompliance as described in section 2(a)(2)(C) of this chapter.

(c) A party seeking disclosure of material in an environmental audit report under section 2(a)(2)(A) of this chapter has the burden of proving that the privilege is being asserted for a fraudulent purpose.

[Pre-1996 Recodification Citation: 13-10-3-6.]

As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.13.
Ind. Code § 13-15-10-3 — Indiana Code / Title 13 / Article 15 / Chapter 10 / Section 13-15-10-3
Establishment of trust fund; expenses
Status: in_force

Sec. 3. (a) The waste facility operator trust fund is established. The department shall deposit fees collected under this chapter in the fund.

(b) Money in the fund shall be used for paying the expenses of the training and certification program described in this chapter.

[Pre-1996 Recodification Citation: 13-7-10-1.2(c), (d).]

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.109; P.L.250-2019, SEC.8.
Ind. Code § 13-15-4-6 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-6
Interim permits
Status: in_force

Sec. 6. (a) Notwithstanding the periods specified in sections 1 through 3 of this chapter and this section, a person proposing to construct, modify, or operate any equipment, facility, or pollution control device that is demonstrated to achieve pollution control or pollution prevention in excess of applicable federal, state, or local requirements may apply to the commissioner for an interim permit to construct, modify, or operate the equipment, facility, or pollution control device.

(b) The commissioner shall approve or deny the interim permit not later than sixty (60) days after receipt of the application for an interim permit, unless the applicant and the commissioner agree that a longer review period is necessary.

(c) This section does not relieve a person from complying with:

(1) the permit requirements provided under this title; and

(2) rules adopted under this title;

to the extent that this title and the rules are not inconsistent with this section.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.102; P.L.135-2026, SEC.119.
Ind. Code § 13-13-2-2 — Indiana Code / Title 13 / Article 13 / Chapter 2 / Section 13-13-2-2
Appointments to other positions
Status: in_force

Sec. 2. The commissioner may appoint individuals to other positions in the department.

[Pre-1996 Recodification Citation: 13-7-2-12(b) part.]

As added by P.L.1-1996, SEC.3. Amended by P.L.135-2026, SEC.50.
Ind. Code § 13-19-4-6 — Indiana Code / Title 13 / Article 19 / Chapter 4 / Section 13-19-4-6
Denial; mitigating factors
Status: in_force

Sec. 6. Before making a determination to deny an application for the issuance, transfer, or major modification of a permit under section 5 of this chapter, the commissioner may consider the following mitigating factors:

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

(2) With respect to:

(A) a civil or an administrative complaint referred to in section 5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2) (before its repeal); or

(B) a criminal complaint referred to in section 5(a)(3) of this chapter or IC 13-7-10.2-4(a)(3) (before its repeal);

whether the matter has been resolved.

(3) With respect to:

(A) a civil or an administrative complaint referred to in section 5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2) (before its repeal);

(B) a criminal complaint referred to in section 5(a)(3) of this chapter or IC 13-7-10.2-4(a)(3) (before its repeal); or

(C) a judgment of conviction referred to in section 5(a)(4) of this chapter or IC 13-7-10.2-4(a)(4);

whether any appeal is pending.

(4) The degree of culpability of the applicant or responsible party.

(5) The applicant's or responsible party's cooperation with the state or federal agencies involved in the investigation of the activities involved in complaints and convictions referred to in section 5(a)(2) through 5(a)(5) of this chapter or IC 13-7-10.2-4(a)(2) through IC 13-7-10.2-4(a)(5) (before their repeal).

(6) The applicant's or responsible party's dissociation from any other persons or entities convicted of acts referred to in section 5(a)(2) through 5(a)(5) of this chapter or IC 13-7-10.2-4(a)(2) through IC 13-7-10.2-4(a)(5) (before their repeal).

(7) Prior or subsequent self-policing or internal education programs established by the applicant to prevent activities referred to in section 5(a) of this chapter or IC 13-7-10.2-4(a) (before its repeal).

(8) Whether the best interests of the public will be served by denial of the permit.

(9) Any demonstration of good citizenship by the applicant or responsible party.

[Pre-1996 Recodification Citation: 13-7-10.2-4(b).]

As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.7; P.L.135-2026, SEC.186.
Ind. Code § 13-27-2-14 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-14
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9-2-14.]

As added by P.L.1-1996, SEC.17. Repealed by P.L.124-1997, SEC.23.
Ind. Code § 13-11-2-84.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-84.5
"Financial or administrative function"
Status: in_force

Sec. 84.5. "Financial or administrative function", for purposes of sections 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes a function such as that of:

(1) a credit manager;

(2) an accounts payable officer;

(3) an accounts receivable officer;

(4) a personnel manager;

(5) a comptroller; or

(6) a chief financial officer or a similar function.

As added by P.L.97-2004, SEC.58.
Ind. Code § 13-11-2-250 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-250
"Waste tire"
Status: in_force

Sec. 250. "Waste tire", for purposes of IC 13-20-13 and IC 13-20-14, means a tire that is not suitable for the tire's original purpose.

[Pre-1996 Recodification Citations: 13-7-23-4; 13-7-23.2-7.]

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

Sec. 3. (a) A person may apply to the commissioner for an exemption certificate on forms provided by the department. The department may require additional information or materials to accompany the application as considered necessary for an accurate evaluation of the application.

(b) The commissioner, according to rules adopted by the board, may grant an exemption for an item, a product, or a material:

(1) manufactured for sale;

(2) sold for use; or

(3) used by the person;

in the person's business if the item, product, or material contains incidental concentrations of PCB.

(c) In granting a certificate of exemption, the commissioner shall impose conditions on the exemption so that the exemption covers only incidental concentrations of PCB.

[Pre-1996 Recodification Citation: 13-7-16.5-4(a), (b), (d).]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-23-8-6 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-6
Payment of claims if ELTF balance is low
Status: in_force

Sec. 6. (a) If the balance in the ELTF drops below twenty-five million dollars ($25,000,000), the administrator shall pay claims according to the priority payment system established by rules adopted by the financial assurance board under IC 13-23-11-7(a)(1)(D).

(b) If the balance in the ELTF is insufficient to pay:

(1) ELTF claims; and

(2) necessary personnel and administrative expenses associated with the ELTF;

the administrator of the ELTF shall cease paying claims, and claimants may not use the ELTF to satisfy any financial responsibility requirements.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.11; P.L.1-2002, SEC.66; P.L.96-2016, SEC.28.
Ind. Code § 13-23-4-4 — Indiana Code / Title 13 / Article 23 / Chapter 4 / Section 13-23-4-4
Underground storage tanks containing petroleum; minimum coverage amounts; classes and categories
Status: in_force

Sec. 4. (a) The rules adopted under IC 13-23-1-2(b)(6) may require a minimum amount of coverage for particular classes or categories of underground storage tanks containing petroleum. Minimum coverage amounts established under this subsection must be at least one million dollars ($1,000,000) for each occurrence, with an appropriate aggregate amount.

(b) The board may by rule set minimum coverage amounts lower than the amount set forth in subsection (a) for underground storage tanks containing petroleum that are:

(1) not located at facilities engaged in the production, refining, or marketing of petroleum; and

(2) not used to handle substantial quantities of petroleum.

(c) In adopting rules establishing classes and categories of underground storage tanks containing petroleum for purposes of this section, the board may consider the following factors:

(1) The:

(A) size, type, location, storage, and handling capacity of underground storage tanks in the class or category; and

(B) volume of petroleum handled by those tanks.

(2) The:

(A) likelihood of release; and

(B) potential extent of damage from any release;

from underground storage tanks in the class or category.

(3) The economic impact of the limits on the owners and operators of each class or category, particularly relating to the small business segment of the petroleum marketing industry.

(4) The availability of methods of financial responsibility in amounts greater than the amount established by this section.

(5) Any other factors that the board considers pertinent.

[Pre-1996 Recodification Citation: 13-7-20-15.]

As added by P.L.1-1996, SEC.13. Amended by P.L.135-2026, SEC.240.
Ind. Code § 13-20.5-2-1 — Indiana Code / Title 13 / Article 20.5 / Chapter 2 / Section 13-20.5-2-1
Registration fee; variable recycling fee and formula for determination; recycling credits; fee exception
Status: in_force

Sec. 1. (a) Except as provided in subsection (g), a manufacturer that registers under IC 13-20.5-1 shall pay to the department at the time of registration an annual registration fee. The registration fee applies for the program year for which the registration is submitted to the department. The department shall deposit the fee in the electronic waste fund established by section 3 of this chapter.

(b) The registration fee for the initial program year to which the fee applies under subsection (a) is five thousand dollars ($5,000). For each program year thereafter, the registration fee is equal to two thousand five hundred dollars ($2,500).

(c) In addition to the registration fee under subsection (a), a manufacturer that registers under IC 13-20.5-1 and fails to meet the recycling goal under IC 13-20.5-4-1 is subject to a variable recycling fee for each program year that ends on March 31 of 2013 or December 31 of a later year. Not later than September 1, the department shall provide a statement to each manufacturer liable for the variable recycling fee that states at least the following:

(1) The amount of the fee determined under subsection (d).

(2) The method of calculation of the fee.

(3) The due date of the fee.

(4) The opportunity to petition under section 2 of this chapter.

The department shall deposit the fee in the Indiana recycling promotion and assistance fund established by IC 4-23-5.5-14.

(d) The amount of the variable recycling fee, if applicable, is the amount determined in STEP FOUR of the following formula:

STEP ONE: Multiply the number of pounds of the manufacturer's video display devices sold to households during the immediately preceding program year, as reported in the manufacturer's registration for the program year under IC 13-20.5-1-1(c)(4), by the proportion of sales of video display devices required to be recycled under IC 13-20.5-4-1.

STEP TWO: Subject to subsection (e), add the number of pounds of covered electronic devices recycled by the manufacturer from covered entities during the immediately preceding program year, as reported to the department under IC 13-20.5-3-1(a), to the number of recycling credits the manufacturer elects to use to calculate the variable recycling fee, as reported to the department under IC 13-20.5-3-1(b)(2).

STEP THREE: Subtract the number of pounds determined in STEP TWO from the number of pounds determined in STEP ONE.

STEP FOUR: Multiply the greater of zero (0) or the number of pounds determined in STEP THREE by the per pound cost of recycling established as follows:

(A) Forty cents ($0.40) per pound for manufacturers that recycle less than fifty percent (50%) of the number of pounds determined in STEP ONE.

(B) Thirty cents ($0.30) per pound for manufacturers that recycle at least fifty percent (50%) but less than ninety percent (90%) of the number of pounds determined in STEP ONE.

(C) Twenty cents ($0.20) per pound for manufacturers that recycle at least ninety percent (90%) of the number of pounds determined in STEP ONE.

(e) The following apply to the number of pounds of covered electronic devices recycled by the manufacturer from covered entities during the immediately preceding program year for purposes of subsection (d), STEP TWO:

(1) Except as provided in subdivision (3), the number is multiplied by one and one-tenth (1.1) to the extent that the covered electronic devices were recycled in Indiana.

(2) Except as provided in subdivision (3), the number is multiplied by one and five-tenths (1.5) to the extent that the covered electronic devices were recycled from covered entities not located in a metropolitan statistical area, as defined by the federal Office of Management and Budget.

(3) The number is multiplied by one and six-tenths (1.6) to the extent that the covered electronic devices were:

(A) recycled from covered entities not located in a metropolitan statistical area, as defined by the federal Office of Management and Budget; and

(B) recycled in Indiana.

(f) A manufacturer may retain recycling credits to be added, in whole or in part, to the actual number of pounds of covered electronic devices recycled by the manufacturer from covered entities during the immediately preceding program year, as reported to the department under IC 13-20.5-3-1(a), during any of the three (3) immediately succeeding program years. A manufacturer may sell all or any part of its recycling credits to another manufacturer, at a price negotiated by the parties, and the other manufacturer may use the credits in the same manner.

(g) A manufacturer may not be charged a registration fee or a variable recycling fee for any year in which the combined number of video display devices produced by the manufacturer for sale to households is less than one hundred (100).

As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.44; P.L.147-2015, SEC.20; P.L.200-2017, SEC.9.
Ind. Code § 13-22-11-1 — Indiana Code / Title 13 / Article 22 / Chapter 11 / Section 13-22-11-1
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-27-4.]

As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.20; P.L.128-1997, SEC.7. Repealed by P.L.135-2026, SEC.233.
Ind. Code § 13-21-3-3 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-3
Copy of agreement to commissioner
Status: in_force

Sec. 3. Within thirty (30) days after adopting an ordinance establishing a joint district and approving an agreement governing the operation of the joint district, a county shall provide the commissioner with a copy of the agreement.

[Pre-1996 Recodification Citation: 13-9.5-2-3.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-25-5-13 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-13
Voluntary remediation work plan; approval or modification; notice
Status: in_force

Sec. 13. If the commissioner approves or modifies and approves a proposed voluntary remediation work plan under this chapter, the commissioner shall notify the applicant in writing, under the applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), of the following:

(1) That the voluntary remediation work plan has been approved or modified and approved.

(2) The date:

(A) the applicant may begin implementing the work plan; and

(B) by which the work plan must be completed.

(3) The applicant's right to appeal the commissioner's decision under IC 4-21.5.

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

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-0.1 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 148(e) of this chapter by P.L.212-1999, SECTION 3 shall not be construed to affect any litigation filed before January 1, 1999.

As added by P.L.220-2011, SEC.276.
Ind. Code § 13-18-16-5 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-5
Approval of plans
Status: in_force

Sec. 5. Plans and specifications submitted to the commissioner under section 1 of this chapter shall be approved if it is determined that the plans and specifications meet all of the following conditions:

(1) The plans and specifications are satisfactory with respect to the following:

(A) Sanitary quality, including chlorination, if required.

(B) Chemical quality.

(C) Adequacy of the water supply.

(2) The plans and specifications meet the requirements of any rules or standards adopted by the board under section 8 of this chapter governing the location, design, construction, and operation and maintenance of:

(A) public water system installations; and

(B) changes or additions to public water system installations.

[Pre-1996 Recodification Citation: 13-7-14-2.]

As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.15.
Ind. Code § 13-11-2-91.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-91.5
"Great Lakes system"
Status: in_force

Sec. 91.5. "Great Lakes system", for purposes of IC 13-14-8-9, means all of the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes within the United States.

As added by P.L.126-2020, SEC.1.
Ind. Code § 13-15-9-3 — Indiana Code / Title 13 / Article 15 / Chapter 9 / Section 13-15-9-3
Environmental feasibility report
Status: in_force

Sec. 3. A person proposing to construct:

(1) a nuclear powered generating facility; or

(2) a nuclear fuel reprocessing plant;

shall file with the department an environmental feasibility report concurrently with the filing of documents required to be filed with the United States Nuclear Regulatory Commission.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.105; P.L.3-2026, SEC.4.
Ind. Code § 13-14-8-11.6 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-11.6
Permits for modification or construction of water pollution facility
Status: in_force

Sec. 11.6. (a) A discharger is not required to obtain a state permit for the modification or construction of a water pollution treatment or control facility if the discharger has an effective:

(1) National Pollutant Discharge Elimination System (NPDES) industrial permit for direct discharges to surface water; or

(2) industrial waste pretreatment permit not issued by the department for discharges to a publicly owned treatment works.

(b) If a modification is for the treatment or control of any new influent pollutant or increased levels of any existing pollutant, within thirty (30) days after commencement of operation, the discharger shall file with the department a notice of installation for the additional pollutant control equipment and a design summary of any modifications.

(c) The board may adopt a general permit rule for the approval of sanitary collection system plans, lift station plans, and force main plans.

As added by P.L.72-1999, SEC.2. Amended by P.L.113-2014, SEC.63; P.L.135-2026, SEC.101.
Ind. Code § 13-22-9-8 — Indiana Code / Title 13 / Article 22 / Chapter 9 / Section 13-22-9-8
Closure and postclosure costs; financial responsibility; self-insurance
Status: in_force

Sec. 8. (a) A municipal corporation that owns or operates a solid waste landfill that:

(1) is used exclusively to dispose of ash; and

(2) complies with construction standards established under:

(A) the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); and

(B) regulations adopted under the federal Resource Conservation and Recovery Act in effect January 1, 1991;

is not required to establish financial responsibility for the costs of closure and postclosure monitoring and maintenance of the solid waste landfill under this chapter if the fiscal body of the municipal corporation adopts a resolution in which the fiscal body elects to practice self-insurance with respect to those costs and commits to the expeditious transfer of money to cover closure and postclosure costs.

(b) A fiscal body adopting a resolution referred to in subsection (a) is not required to:

(1) set aside financial resources for meeting the costs referred to in subsection (a) when the resolution is adopted; or

(2) indicate in the resolution whether financial resources will be set aside to meet those costs.

(c) The amounts set forth in sections 4 through 5 of this chapter do not apply to the practice of self-insurance by a municipal corporation under this section if the fiscal body of the municipal corporation determines in the resolution adopted under this section that the program of self-insurance established by the resolution is adequate to meet the costs of:

(1) closure; and

(2) postclosure monitoring and maintenance;

of the solid waste landfill owned or operated by the municipal corporation.

[Pre-1996 Recodification Citation: 13-7-32-9.]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-11-2-45 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-45
"Cost of the works"
Status: in_force

Sec. 45. "Cost of the works", for purposes of IC 13-26, includes the following:

(1) The cost of acquisition or construction of the works.

(2) The cost of all property, rights, easements, and franchises that are necessary or convenient.

(3) Interest upon bonds before and during construction or acquisition and for a period not exceeding twenty-four (24) months after completion of construction or acquisition of the improvements last mentioned.

(4) Engineering and legal expenses, expenses for estimates of cost and of revenues, and expenses for plans, specifications, and surveys.

(5) Other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expenses, and other expenses necessary or incident to the financing and construction or acquisition of the works, placing the works in operation, and the performance of the thing required or permitted by this chapter in connection with the works.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-88.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-88.8
"General permit"
Status: in_force

Sec. 88.8. "General permit", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-6.

As added by P.L.248-2019, SEC.5.
Ind. Code § 13-18-12-6.5 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-6.5
Revocation or modification of permits, vehicle identification numbers, and approvals
Status: in_force

Sec. 6.5. In addition to any other authority in this title, the commissioner or a designated staff member may, under IC 4-21.5, revoke or modify a permit or an approval issued under this chapter for any of the following reasons:

(1) Violation of a requirement of this chapter, rules adopted under this chapter, a permit, or an approval.

(2) Failure to disclose all relevant facts.

(3) A misrepresentation made in obtaining the permit or approval.

(4) Failing to meet the qualifications for a permit or an approval or failing to comply with the requirements of the water pollution control laws or rules adopted by the board.

(5) Changes in circumstances relating to the permit or approval that require either a temporary or permanent reduction in the discharge of contaminants.

As added by P.L.31-1999, SEC.3. Amended by P.L.114-2008, SEC.13; P.L.37-2012, SEC.23.
Ind. Code § 13-11-2-33 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-33
"Commercial low level radioactive waste facility"
Status: in_force

Sec. 33. "Commercial low level radioactive waste facility", for purposes of IC 13-22-10, means a plant, structure, or site at which low level radioactive waste, generated by:

(1) a person other than the owner or operator of the plant, structure, or site; or

(2) the owner or operator of the plant, structure, or site as a result of treatment or storage of low level radioactive wastes generated by persons other than the owner or operator;

is received for treatment, storage, or disposal.

[Pre-1996 Recodification Citation: 13-7-8.6-2(j).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-20-8 — Indiana Code / Title 13 / Article 20 / Chapter 20 / Section 13-20-20-8
Priority of grant applications
Status: in_force

Sec. 8. (a) In determining the priority of grant applications under this chapter, the department shall first consider an applicant's demonstrated commitment to an annual household hazardous waste or conditionally exempt small quantity generator waste collection, recycling, or disposal project. The department shall consider evidence of the following in making the department's determination under this subsection:

(1) A resolution by the applicant that the applicable community is committed to undertaking annual action to promote the proper collection, recycling, or disposal of household hazardous waste or conditionally exempt small quantity generator waste.

(2) An educational project sponsored by the applicant concerning the potential dangers associated with household hazardous waste or conditionally exempt small quantity generator waste, including instructions for the proper methods of handling, storage, recycling, or disposal of household hazardous waste or conditionally exempt small quantity generator waste.

(3) Sponsorship or participation in other projects that relate to the collection, recycling, or disposal of household hazardous waste or conditionally exempt small quantity generator waste, including projects developed or sponsored by civic organizations or private foundations.

(4) An educational project by the applicant concerning nonhazardous and nontoxic substitutes for hazardous household products.

(b) If the department determines that one (1) or more applicants demonstrate substantially similar commitment levels under subsection (a), the department shall give priority to the application the department received first.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.7.
Ind. Code § 13-25-4-8.2 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-8.2
Lenders considered to participate in management
Status: in_force

Sec. 8.2. A person that is a lender and that holds evidence of ownership primarily to protect a security interest in a vessel or facility may be considered to participate in the management (as defined in IC 13-11-2-151.4) of the hazardous substance at the facility only if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person:

(1) exercises decision making control over the environmental compliance related to the vessel or facility such that the person has undertaken responsibility for the hazardous substance handling or disposal practices related to the vessel or facility; or

(2) exercises control at a level comparable to that of a manager of the vessel or facility such that the person has assumed or manifested responsibility:

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

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

As added by P.L.90-1998, SEC.25.