Ind. Code § 13-15-11-3 — Indiana Code / Title 13 / Article 15 / Chapter 11 / Section 13-15-11-3
Source of money for fund
Status: in_force

Sec. 3. The sources of money for the fund are the following:

(1) The fees and delinquent charges collected under the following:

(A) IC 13-18-10.

(B) IC 13-18-20.

(C) IC 13-18-20.5.

(D) IC 13-20-21.

(E) IC 13-22-12.

(2) Appropriations from the general assembly.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.224-2003, SEC.133; P.L.250-2019, SEC.13.
Ind. Code § 13-11-2-104.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-104.6
"IHCDA"
Status: in_force

Sec. 104.6. "IHCDA", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-3.

As added by P.L.88-2017, SEC.3.
Ind. Code § 13-28-4-6 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-6
Disclosure limited to relevant portions of reports
Status: in_force

Sec. 6. Upon making a determination under section 2 of this chapter, the court may compel the disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding.

[Pre-1996 Recodification Citation: 13-10-3-8.]

As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.14.
Ind. Code § 13-15-4-16 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-16
Draft permits
Status: in_force

Sec. 16. (a) If an applicant chooses to proceed under section 11(b)(2) of this chapter, the applicant or a consultant shall prepare and submit to the commissioner the draft permit and any required supporting technical justification for the permit not later than thirty-five (35) business days after the department and the applicant have authorized a consultant to begin work under section 11(b)(2) of this chapter.

(b) Subject to subsection (c), the commissioner shall:

(1) approve, with or without revision; or

(2) deny;

the draft permit not later than twenty-five (25) business days after receiving the draft permit.

(c) If notice of opportunity for public comment or public hearing is required under applicable law before a permit decision can be issued, the commissioner shall comply with all public participation requirements and:

(1) approve, with or without revision; or

(2) deny;

the draft permit not later than fifty-five (55) business days after receipt of the draft permit.

(d) If the commissioner denies the draft permit, the commissioner shall specify the reasons for the denial.

(e) If an applicant has elected to have a draft permit prepared under section 11(b)(2) of this chapter and:

(1) the consultant fails to submit a draft permit and supporting technical justification to the commissioner; or

(2) the commissioner fails to approve or deny the draft permit;

within the applicable time specified under subsection (a), (b), or (c), the department shall refund the applicant's permit application fee not later than twenty-five (25) business days after expiration of the applicable period.

(f) The commissioner and the applicant may mutually agree to extend the deadlines in this section.

[Pre-1996 Recodification Citation: 13-7-10.1-10.]

As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.9; P.L.135-2026, SEC.123.
Ind. Code § 13-11-2-214 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-214
"Source reduction"
Status: in_force

Sec. 214. "Source reduction", for purposes of IC 13-21, means a reduction in the amount of solid waste generated that is achieved through actions affecting the source of the solid waste.

[Pre-1996 Recodification Citation: 13-9.5-1-30.]

As added by P.L.1-1996, SEC.1. Amended by P.L.135-2026, SEC.37.
Ind. Code § 13-20-21-5 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-5
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.10. Repealed by P.L.138-2000, SEC.11.
Ind. Code § 13-11-2-138 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-138
"Navigable waters"
Status: in_force

Sec. 138. "Navigable waters" means waters of the United States (as defined in the federal Clean Water Act (33 U.S.C. 1362(7))).

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

As added by P.L.1-1996, SEC.1. Amended by P.L.135-2026, SEC.25.
Ind. Code § 13-11-2-210 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-210
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10-1.5(a) part.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.154-2005, SEC.17.
Ind. Code § 13-23-13-8 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-8
Liability of owner or operator for costs of corrective action; subrogation; actions to recover costs
Status: in_force

Sec. 8. (a) Except where an owner or operator can prove that a release from an underground storage tank or aboveground storage tank was caused solely by:

(1) an act of God;

(2) an act of war;

(3) negligence on the part of the state or the United States government; or

(4) any combination of the causes set forth in subdivisions (1) through (3);

the owner or operator of an underground storage tank or aboveground storage tank is liable to the state for the actual costs of any corrective action taken under section 2 of this chapter or IC 13-7-20-19(b) (before its repeal) involving the underground storage tank or aboveground storage tank and is responsible for undertaking any corrective action, including undertaking an exposure assessment, ordered under this chapter, IC 13-23-14-1, IC 13-7-20-19 (before its repeal), or IC 13-7-20-26 (before its repeal), or required by this title or a rule adopted under this title.

(b) A person who:

(1) pays to the state the costs described under subsection (a); or

(2) undertakes corrective action resulting from a release from an underground storage tank or aboveground storage tank, regardless of whether the corrective action is undertaken voluntarily or under an order issued under this chapter, IC 13-23-14-1, IC 13-7-20-19 (before its repeal), or IC 13-7-20-26 (before its repeal);

is entitled to receive a contribution from a person who owned or operated the underground storage tank or aboveground storage tank at the time the release occurred. A person who brings a successful action to receive a contribution from an owner or operator is also entitled to receive reasonable attorney's fees and court costs from the owner or operator. An action brought under this subsection may be brought in a circuit or superior court. In resolving a contribution claim, a court may allocate the cost of a corrective action among the parties to the action using equitable factors that the court determines are appropriate.

(c) Money recovered by the state under this section in connection with any corrective action undertaken with respect to a release of petroleum shall be deposited in the petroleum trust fund.

(d) Money recovered by the state under this section in connection with any corrective action undertaken with respect to a release of a regulated substance other than petroleum shall be deposited in the hazardous substances response trust fund.

(e) The state may recover corrective action costs under this section in an action commenced under IC 13-14-2-6, IC 13-14-2-7, IC 13-7-5-7 (before its repeal), or IC 13-7-5-8 (before its repeal). An action to recover corrective action costs under this section may be combined, as appropriate, with an action to enforce an order issued under section 1 of this chapter or IC 13-7-20-19(a) (before its repeal) to require corrective action not already undertaken by the commissioner.

[Pre-1996 Recodification Citation: 13-7-20-21.]

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.56.
Ind. Code § 13-18-3-15 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-15
Terms and conditions of NPDES general permits
Status: in_force

Sec. 15. (a) Subject to subsection (c), the board shall eliminate:

(1) the requirement that NPDES general permit terms and conditions be contained in a rule; and

(2) the terms and conditions of each NPDES general permit that is:

(A) contained in that article; and

(B) in effect on the effective date of this section.

(b) The department may develop and issue NPDES general permits in accordance with 40 CFR 122.28.

(c) After eliminating the requirement and terms and conditions described in subsection (a), the terms and conditions of an NPDES general permit under that article as they existed before the amendment remain in effect and are binding on any person regulated under the NPDES general permit until the person submits a notice of intent to be covered by an NPDES general permit developed and issued under subsection (b).

(d) Any person regulated under an NPDES general permit on the effective date of the amendment required by subsection (a) must:

(1) submit a notice of intent described in subsection (c) not later than ninety (90) days after the department makes the form of the notice of intent available to the person; or

(2) apply for an NPDES individual permit to maintain permit coverage required under the Clean Water Act.

(e) This section does not affect the authority of the board to adopt rules that authorize NPDES general permits.

As added by P.L.81-2011, SEC.2. Amended by P.L.135-2026, SEC.154.
Ind. Code § 13-22-7.5-2 — Indiana Code / Title 13 / Article 22 / Chapter 7.5 / Section 13-22-7.5-2
Requirements before transporting certain substances
Status: in_force

Sec. 2. (a) Subject to subsections (b) and (c), before transporting a substance referred to in section 1 of this chapter, a person must coordinate the transport with the appropriate state agencies of each state through which the substance will be transported and file in Indiana the following with the department, the state police department, and the department of homeland security established by IC 10-19-2-1:

(1) A written evaluation of potential transportation risks that:

(A) accounts for the type and quantity of hazardous waste to be transported;

(B) identifies the most likely types of incidents that could:

(i) occur during the transport; and

(ii) result in harm to the public health or environment;

(C) assesses the likelihood of the occurrence of each type of incident referred to in clause (B);

(D) identifies the magnitude of the potential harm to the public health or environment associated with each type of incident referred to in clause (B); and

(E) is written in a manner understandable to:

(i) the scientific community; and

(ii) the public.

(2) A written transport safety plan that:

(A) is tailored to the risks described in subdivision (1);

(B) demonstrates that the driver of each vehicle to be used in the transport:

(i) has received United States Department of Transportation training and licensure; and

(ii) is familiar with the content of the plan;

(C) demonstrates for the transport route that appropriate procedures and response personnel will be available for:

(i) medical response;

(ii) environmental response;

(iii) local law enforcement response; and

(iv) evacuation of the area; and

(D) provides for submitting notice to the department before the first shipment of each particular chemical munition or hazardous waste described in section 1 of the chapter is transported.

(b) A notice submitted under the transport safety plan provision described in subsection (a)(2)(D) must include the estimated shipment schedule for each chemical munition or hazardous waste for the duration of the transport activity. A person who transports a chemical munition or hazardous waste described in subsection (a) shall immediately notify the department of any major variations from the estimated shipment schedule provided under this subsection.

(c) A person must file an amended:

(1) evaluation of potential transportation risks; and

(2) transport safety plan;

under subsection (a) only if the proposed transport route changes.

As added by P.L.172-2005, SEC.2. Amended by P.L.1-2009, SEC.109.
Ind. Code § 13-19-7-7 — Indiana Code / Title 13 / Article 19 / Chapter 7 / Section 13-19-7-7
Department testing of water supply of East Chicago
Status: in_force

Sec. 7. The department shall conduct testing of the water supply for East Chicago. Testing shall be conducted in such a way as to determine whether the water supply for East Chicago is in compliance with the requirements of 40 CFR 141, Subpart I, the national primary drinking water regulations for lead and copper.

As added by P.L.88-2017, SEC.4.
Ind. Code § 13-14-9-14 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-14
Procedures for board to establish water quality standards for combined sewer community; notice of rulemaking; hearing; EPA approval
Status: in_force

Sec. 14. (a) Except as provided in subsection (g), sections 1 through 13 of this chapter do not apply to a rule adopted under this section.

(b) The board may use the procedures in this section to adopt a rule to establish new water quality standards for a community served by a combined sewer that has:

(1) an approved long term control plan; and

(2) an approved use attainability analysis that supports the use of a CSO wet weather limited use subcategory established under IC 13-18-3-2.5.

(c) After the department approves the long term control plan and use attainability analysis, the department shall publish in the Indiana Register a notice of adoption of a proposed rule to establish a CSO wet weather limited use subcategory for the area defined by the approved use attainability analysis.

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

(1) Suggested rule language that amends the designated use to allow for a CSO wet weather limited use subcategory in accordance with IC 13-18-3-2.5.

(2) A written comment period of at least thirty (30) days.

(3) A notice of public hearing before the board.

(e) The department shall include the following in the written materials to be considered by the board at the public hearing referred to in subsection (d)(3):

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

(2) Written responses of the department to written comments received during the comment period referred to in subsection (d)(2).

(3) The letter prepared by the department approving the long term control plan and use attainability analysis.

(f) At the public hearing referred to in subsection (d)(3), the board may:

(1) adopt the proposed rule to establish a new water quality standard amending the designated use to allow for a CSO wet weather limited use subcategory;

(2) adopt the proposed rule with amendments;

(3) reject the proposed rule; or

(4) determine to reconsider the proposed rule at a subsequent board meeting.

(g) If the board adopts the proposed rule with amendments under subsection (f)(2), the amendments must meet the substantially similar or logical outgrowth requirements of IC 4-22-2-29(c). The board, in determining whether the amendments are a logical outgrowth of comments provided to the board, and in considering whether the language of comments provided to the board fairly apprised interested persons of the specific subjects and issues contained in the amendments, shall consider the comments provided to the board at the public hearing referred to in subsection (d)(3).

(h) The department shall submit a new water quality standard established in a rule adopted under subsection (f) to the United States Environmental Protection Agency for approval.

As added by P.L.100-2006, SEC.10. Amended by P.L.159-2011, SEC.16; P.L.133-2012, SEC.90; P.L.249-2023, SEC.64.
Ind. Code § 13-23-11-3 — Indiana Code / Title 13 / Article 23 / Chapter 11 / Section 13-23-11-3
Compensation
Status: in_force

Sec. 3. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

[Pre-1996 Recodification Citation: 13-7-20-35(c), (d).]

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-20-22-2 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-2
Establishment of solid waste management fund; purpose; administration of fund; sources; investments
Status: in_force

Sec. 2. (a) The state solid waste management fund is established to provide money for the following:

(1) Programs that provide grants and loans that provide education and promote the following:

(A) Recycling and the use of recycled materials.

(B) Waste reduction.

(C) Management of yard waste.

(2) Providing grants to implement household hazardous waste source reduction or recycling projects.

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

(4) Payments by the department under IC 13-20-17.7-6.

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

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

(1) All fees deposited into the fund under section 12(2) of this chapter.

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

(3) Appropriations made by the general assembly.

(4) Gifts and donations from any person to the fund.

(5) Civil penalties imposed under IC 13-30-4 for violations of IC 13-20-17.7 and proceeds received following a criminal conviction in connection with a violation of IC 13-20-17.7.

(6) Subject to subsection (f), assets assigned and other contributions made by persons.

(7) Transfers from the Indiana recycling promotion and assistance fund under IC 4-23-5.5-14(k).

(8) Money credited to the fund from the environmental management special fund under IC 13-14-12-1(c).

(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.

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

(f) Money in the fund resulting from assets assigned and other contributions made under subsection (c)(6) may be used only by the department of environmental management to make payments under IC 13-20-17.7-6.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.45-1997, SEC.9; P.L.237-1999, SEC.9; P.L.170-2006, SEC.16; P.L.137-2007, SEC.21; P.L.120-2022, SEC.7.
Ind. Code § 13-21-3-19 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-19
Delegation of board's authority; limitations
Status: in_force

Sec. 19. (a) The board of a district may delegate any of the board's authority to any board or legislative body of a municipality by resolution. However:

(1) an exercise by a municipality of the taxing power of the district must be ratified by the board of the district; and

(2) if the board of a municipality has been delegated authority under this subsection, the legislative body of the municipality must approve an action of the board of the municipality that involves:

(A) an exercise of the taxing power of the district;

(B) the issuance of bonds under this article or IC 13-9.5 (before its repeal); or

(C) the setting of fees, rates, and charges under this article or IC 13-9.5 (before its repeal).

(b) The board may delegate authority to the board's officers to carry out the directions of the board.

(c) A resolution delegating powers of the board under this section must contain reasonable standards and parameters within which the delegated powers may be exercised.

[Pre-1996 Recodification Citation: 13-9.5-2-12.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-30-3-1 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-1
Investigations; initiation
Status: in_force

Sec. 1. The commissioner or a designated member of the staff of the department may initiate an investigation on receipt of information of an alleged violation of any of the following:

(1) Environmental management laws.

(2) Air pollution control laws.

(3) Water pollution control laws.

(4) IC 36-9-30-35.

(5) A rule or standard adopted under the following:

(A) Environmental management laws.

(B) Air pollution control laws.

(C) Water pollution control laws.

[Pre-1996 Recodification Citation: 13-7-11-1.]

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-20-13-8 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-8
Waste tire management fund; establishment; purposes; sources of revenue
Status: in_force

Sec. 8. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6), and (d)(7), the waste tire management fund is established for the following purposes:

(1) The department may use not more than thirty-five percent (35%) of the money deposited in the fund each year for:

(A) the removal and disposal of waste tires from sites where the waste tires have been disposed of improperly; and

(B) operating the waste tire education program under section 15 of this chapter.

(2) The department may use the remaining money deposited in the fund each year to:

(A) provide grants and loans under section 9(b) of this chapter to entities involved in waste tire management activities; and

(B) pay the expenses of administering the programs described in:

(i) subdivision (1)(B); and

(ii) clause (A).

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

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

(d) Sources of money for the fund are the following:

(1) Fees paid under section 4(a)(6) of this chapter and IC 13-20-14-5(c).

(2) Fees collected under section 7 of this chapter. All money deposited in the fund under this subdivision may be used by the department for waste reduction, recycling, removal, or remediation projects.

(3) Costs and damages recovered from a person or other entity under section 14 of this chapter or IC 13-20-14-8. All money deposited in the fund under this subdivision may be used by the department for removal and remediation projects.

(4) Fees established by the general assembly for the purposes of this chapter.

(5) Appropriations made by the general assembly.

(6) Gifts and donations intended for deposit in the fund. A gift or donation deposited in the fund under this subdivision may be specified to be entirely for the use of the department.

(7) Civil penalties collected under IC 13-30-4 for violations of:

(A) this chapter;

(B) IC 13-20-14; and

(C) rules adopted under section 11 of this chapter.

All money deposited in the fund under this subdivision may be used by the department for eligible projects.

[Pre-1996 Recodification Citation: 13-7-23-11.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.12; P.L.1-1999, SEC.37; P.L.1-2006, SEC.202; P.L.204-2007, SEC.14; P.L.37-2012, SEC.34; P.L.135-2026, SEC.198.
Ind. Code § 13-26-11-2 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-2
Sewage works; campgrounds; youth camps
Status: in_force

Sec. 2. (a) Except as provided in subsection (b), the rates or charges for a sewage works may be determined based on a combination of the following factors:

(1) A flat charge for each connection. If a board uses a flat charge as a factor to determine a rate or charge for a sewage works, the board must:

(A) prepare a concise written statement that summarizes the calculations and processes used to determine the amount of the flat charge; and

(B) provide a copy of the written statement to each person who:

(i) is required to pay the rate or charge; and

(ii) requests a paper copy of the summary.

(2) The amount of water used on the premises.

(3) The number and size of water outlets on the premises.

(4) The amount, strength, or character of sewage discharged into the sewers.

(5) The size of sewer connections.

(6) Whether the property served has been or will be required to pay separately for the cost of any of the facilities of the works.

(7) A combination of these or other factors that the board determines is necessary to establish nondiscriminatory, just, and equitable rates or charges.

(b) A campground or youth camp may be billed for sewage service at a flat rate or by installing, at the campground's or youth camp's expense, a meter to measure the actual amount of sewage discharged by the campground or youth camp into the sewers. If a campground or youth camp elects to be billed by use of a meter:

(1) the rate charged by a board for the metered sewage service may not exceed the rate charged to residential customers for equivalent usage; and

(2) the amount charged by a board for the campground's or youth camp's monthly sewage service for the period beginning September 1 and ending May 31 must be equal to the actual amount that would be charged for the sewage discharged during the month by the campground or youth camp as measured by the meter.

(c) If a campground or youth camp does not install a meter under subsection (b) and is billed for sewage service at a flat rate, for a calendar year beginning after December 31, 2004:

(1) each campsite at the campground may not equal more than one-third (1/3) of one (1) resident equivalent unit; and

(2) each bed at the youth camp may not equal more than one-eighth (1/8) of one (1) residential equivalent unit.

The basic monthly charge for the campground's or youth camp's sewage service must be equal to the number of the campground's or youth camp's resident equivalent units multiplied by the rate charged by the board for a resident unit.

(d) The board may impose additional charges on a campground or youth camp under subsections (b) and (c) if the board incurs additional costs that are caused by any unique factors that apply to providing sewage service for the campground or youth camp, including, but not limited to:

(1) the installation of:

(A) oversized pipe; or

(B) any other unique equipment;

necessary to provide sewage service for the campground or youth camp; and

(2) concentrations of biochemical oxygen demand (BOD) that exceed federal pollutant standards.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.239-2003, SEC.1; P.L.189-2005, SEC.5; P.L.97-2012, SEC.12.
Ind. Code § 13-18-12-8 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-8
Notification of upset or imminent threat of upset
Status: in_force

Sec. 8. (a) If a publicly owned treatment works permittee:

(1) determines that an upset has occurred in the publicly owned treatment works that is likely to pose a threat to human or animal life; or

(2) has knowledge of an imminent threat from a chemical or other release to the collection system that is likely to cause an upset in the publicly owned treatment works that is likely to pose a threat to human or animal life;

the permittee shall notify emergency response personnel of the department not more than two (2) hours after the determination under subdivision (1) or the acquisition of knowledge of an imminent threat under subdivision (2).

(b) If the department receives notification from a publicly owned treatment works permittee under subsection (a), the department:

(1) must notify all appropriate state and local government agencies;

(2) may provide technical assistance to the publicly owned treatment works as the department determines is necessary; and

(3) must, if the department determines that there is or may be a threat to human health or animal life, notify the affected news media;

not more than forty-eight (48) hours after receiving the notification under subsection (a).

As added by P.L.112-2000, SEC.3.
Ind. Code § 13-11-2-57.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-57.7
Repealed
Status: repealed

As added by P.L.112-2015, SEC.5. Repealed by P.L.72-2017, SEC.5.
Ind. Code § 13-11-2-137 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-137
"Natural resources"
Status: in_force

Sec. 137. "Natural resources", for purposes of IC 13-25-4, means:

(1) land;

(2) fish;

(3) wildlife;

(4) biota;

(5) air;

(6) water;

(7) ground water;

(8) drinking water supplies; and

(9) other similar resources;

belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by, the state.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-16.5-1 — Indiana Code / Title 13 / Article 18 / Chapter 16.5 / Section 13-18-16.5-1
Cybersecurity vulnerability assessment; reporting requirements
Status: in_force

Sec. 1. (a) This chapter applies to an entity that:

(1) is:

(A) a community water system (as defined in IC 13-11-2-35.5(b)) with a population of five hundred (500) or more;

(B) a publicly owned treatment works (as defined in IC 13-11-2-177.5); or

(C) a semipublic facility (as defined in 327 IAC 5-1.5-59) with a classification of Class III or Class IV (as described in 327 IAC 5-23-3(4) and 327 IAC 5-23-3(5)); and

(2) utilizes:

(A) a computerized system to monitor and control the processes of the entity's operation from a central location; or

(B) another vulnerable monitoring or management system identified by the department.

(b) An entity shall do the following:

(1) Conduct a cybersecurity vulnerability assessment at least once per calendar year.

(2) Before September 1 of each year, provide the office of technology established by IC 4-13.1-2-1 with the name and contact information of any individual who will act as the primary reporter of a cybersecurity incident.

(3) Beginning in 2026, not later than December 31 of each even-numbered year, submit a certification to the department via a secured portal verifying that the entity:

(A) completed the assessment described in subdivision (1);

(B) mitigated or has documented plans to mitigate identified vulnerabilities; and

(C) updated emergency response plans to account for vulnerabilities and mitigating procedures.

(4) When an actual or reasonably suspected cybersecurity breach occurs, report the cybersecurity incident to the office of technology established by IC 4-13.1-2-1:

(A) either:

(i) not later than twenty-four (24) hours after discovery of the cybersecurity incident, if the cybersecurity incident impacts the operations of the entity; or

(ii) not later than two (2) business days after discovery of the cybersecurity incident, if the cybersecurity incident does not impact the operations of the entity; and

(B) in a format prescribed by the chief information officer of the office of technology.

(c) In conducting an assessment under subsection (b)(1), the entity shall utilize an assessment tool or framework approved by the department and the office of technology established by IC 4-13.1-2-1.

(d) An assessment conducted under subsection (b)(1) is confidential under IC 5-14-3-4(b)(19).

As added by P.L.139-2025, SEC.3.
Ind. Code § 13-15-4-5 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-5
Effect on hazardous waste permit modification rules
Status: in_force

Sec. 5. Sections 1 through 3 and 6 of this chapter do not alter the procedures and time frames set forth in the hazardous waste permit modification rules adopted by the department, except to the extent that sections 1 through 3 and 6 of this chapter establish specific calendar day time frames where no time frame exists under the rules.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.135-2026, SEC.118.
Ind. Code § 13-26-2-8 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-8
Findings and recommendations
Status: in_force

Sec. 8. (a) After the hearing on the petition for the establishment of the proposed district, which may be adjourned periodically, the hearing officer shall make findings on the petition and other relevant facts and recommendations as to whether:

(1) the petition should be:

(A) approved;

(B) approved with modifications; or

(C) denied; and

(2) a district should be established.

(b) If the recommendation is in the affirmative, the recommendation must also include recommendations on:

(1) the manner of the selection or appointment;

(2) the number; and

(3) the terms;

of the board.

(c) The description of the territory to be included in a district may not include territory in a municipality that has, by ordinance or resolution filed with the department, exercised the option not to be included in the district.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-11-2-62.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-62.7
"Eligible release"
Status: in_force

Sec. 62.7. "Eligible release", as used in IC 13-23, means a release of petroleum that meets all of the following criteria:

(1) The release is from a UST or AST that was registered with the department before the date on which the claimant confirmed the existence of the release or (if earlier) first suspected the existence of the release.

(2) The release is reported to the department in accordance with applicable regulations and statutes not later than thirty (30) days after the date on which the claimant confirmed the existence of the release or (if earlier) first suspected the existence of the release.

(3) An initial site characterization of the facility on which the release occurred is submitted to the department as required by rules adopted by the environmental rules board.

(4) The release from the UST or AST is from the tank or dispensing components of the UST or AST, not including the nozzle or hose connecting the nozzle to the pump.

As added by P.L.96-2016, SEC.3. Amended by P.L.176-2023, SEC.10.
Ind. Code § 13-11-2-180.1 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-180.1
"Recycling credits"
Status: in_force

Sec. 180.1. "Recycling credits", for purposes of IC 13-20.5, means the product of:

(1) the remainder for a manufacturer's program year of:

(A) the amount of covered electronic devices the manufacturer recycled, or for which the manufacturer arranged for recycling; minus

(B) the amount the manufacturer is required to recycle or arrange for recycling determined under IC 13-20.5-4-1; multiplied by

(2) twenty-five percent (25%).

As added by P.L.178-2009, SEC.20.
Ind. Code § 13-25-5-4 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-4
Determination of applicant eligibility
Status: in_force

Sec. 4. Not more than thirty (30) days after receiving:

(1) an application; and

(2) an application fee;

under section 2 of this chapter, the department shall determine if the applicant is eligible to participate in the voluntary remediation program under this chapter.

[Pre-1996 Recodification Citation: 13-7-8.9-9.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-30-4-4 — Indiana Code / Title 13 / Article 30 / Chapter 4 / Section 13-30-4-4
Waiver eligibility determination by compliance assistance program
Status: in_force

Sec. 4. To determine eligibility for a waiver under section 3 of this chapter, a business required to correct a violation may contact the technical and compliance assistance program established under IC 13-28-3. The confidentiality provision in IC 13-28-3-4 applies to the contact.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-19-4-5 — Indiana Code / Title 13 / Article 19 / Chapter 4 / Section 13-19-4-5
Denial; grounds
Status: in_force

Sec. 5. (a) Subject to subsection (b), the commissioner may deny an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility if the commissioner finds that:

(1) the applicant or a responsible party has intentionally misrepresented or concealed any material fact in a statement required by section 2 or 3 of this chapter;

(2) a civil or administrative complaint described in section 3(a)(3) of this chapter has been filed against the applicant or a responsible party within five (5) years before the date of submission of the application;

(3) a criminal complaint described in section 3(a)(4) of this chapter has been filed against the applicant or a responsible party within five (5) years before the date of submission of the application;

(4) a judgment of criminal conviction described in section 3(a)(5) or 3(a)(6) of this chapter has been entered against the applicant or a responsible party within five (5) years before the date of submission of the application; or

(5) the applicant or a responsible party has knowingly and repeatedly violated any state or federal environmental protection laws.

(b) The commissioner may not deny a permit under this section based solely upon pending complaints disclosed under section 3(a)(3)(B) or 3(a)(4) of this chapter.

[Pre-1996 Recodification Citation: 13-7-10.2-4(a), (d).]

As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.6.
Ind. Code § 13-20-17-4 — Indiana Code / Title 13 / Article 20 / Chapter 17 / Section 13-20-17-4
Sale of mercuric-oxide battery
Status: in_force

Sec. 4. (a) This section does not apply to a button cell, mercuric-oxide battery.

(b) A person may not sell, offer for sale, or offer for promotional purposes a mercuric-oxide battery if the battery was manufactured after December 31, 1995, unless the person does all of the following:

(1) Identifies a collection site that meets all government standards and at which a used mercuric-oxide battery may be recycled or properly disposed.

(2) Informs each of the person's purchasers of mercuric-oxide batteries of the collection site identified in subdivision (1).

(3) Informs each of the person's purchasers of mercuric-oxide batteries of a telephone number that the purchaser may call to get information about returning the mercuric-oxide battery for recycling or proper disposal.

[Pre-1996 Recodification Citation: 13-1-16-6.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-55 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-55
"Discharge"
Status: in_force

Sec. 55. "Discharge", for purposes of IC 13-24-2, means any emission or spill, other than natural seepage, that is intentional or unintentional. The term includes any of the following:

(1) Spilling.

(2) Leaking.

(3) Pumping.

(4) Pouring.

(5) Emitting.

(6) Emptying.

(7) Dumping.

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

As added by P.L.1-1996, SEC.1. Amended by P.L.112-2015, SEC.4; P.L.72-2017, SEC.4.
Ind. Code § 13-23-13-0.2 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The amendments made to IC 13-7-20-24 (before its repeal, now partly codified at section 5 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991.

As added by P.L.220-2011, SEC.286.
Ind. Code § 13-18-3-2.3 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-2.3
Designated use change to CSO wet weather category; long term control plans
Status: in_force

Sec. 2.3. (a) This subsection applies if a use attainability analysis is performed and approved to change the designated use of a water body receiving wet weather discharges from combined sewer overflows from the recreational use designation that applied to the waters immediately before the application to the waters of the CSO wet weather subcategory established in section 2.5 of this chapter to that subcategory. Upon implementation of the approved long term control plan, the plan fulfills the water quality goals of the state with respect to wet weather discharges that are a result of overflows from the combined sewer system addressed by the plan.

(b) A long term control plan must meet the requirements of:

(1) Section 402(q) of the federal Clean Water Act (33 U.S.C. 1342(q)); and

(2) 59 FR 18688.

(c) An approved long term control plan shall be incorporated into:

(1) the NPDES permit holder's NPDES permit; or

(2) an order of the commissioner under IC 13-14-2-6.

(d) If a use attainability analysis is performed, the department shall:

(1) review a use attainability analysis submitted under this chapter concurrently with a long term control plan submitted under this chapter; and

(2) use the approved long term control plan to satisfy the requirements of the use attainability analysis.

As added by P.L.140-2000, SEC.18. Amended by P.L.54-2005, SEC.2.
Ind. Code § 13-11-2-74.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-74.5
"Exempt isolated wetland"
Status: in_force

Sec. 74.5. (a) "Exempt isolated wetland", for purposes of IC 13-18 and environmental management laws, means an isolated wetland that:

(1) is a voluntarily created wetland unless:

(A) the wetland is approved by the department for compensatory mitigation purposes in accordance with a permit issued under Section 404 of the Clean Water Act or IC 13-18-22;

(B) the wetland is reclassified as a state regulated wetland under IC 13-18-22-6(g); or

(C) the owner of the wetland declares, by a written instrument:

(i) recorded in the office of the recorder of the county or counties in which the wetland is located; and

(ii) filed with the department;

that the wetland is to be considered in all respects to be a state regulated wetland;

(2) exists as an incidental feature in or on:

(A) a residential lawn;

(B) a lawn or landscaped area of a commercial or governmental complex;

(C) agricultural land;

(D) a roadside ditch;

(E) an irrigation ditch; or

(F) a manmade drainage control structure;

(3) is a fringe wetland associated with a private pond;

(4) is, or is associated with, a manmade body of surface water of any size created by:

(A) excavating;

(B) diking; or

(C) excavating and diking;

dry land to collect and retain water for or incidental to agricultural, commercial, industrial, or aesthetic purposes;

(5) is a Class I wetland;

(6) subject to subsection (c), is a Class II wetland that:

(A) is not located within the boundaries of a municipality, and has an area, as delineated, of not more than three-eighths (3/8) acre; or

(B) is located within the boundaries of a municipality, and has an area, as delineated, of not more than three-fourths (3/4) acre;

(7) is located on land:

(A) subject to regulation under United States Department of Agriculture wetland conservation programs, including Swampbuster and the Wetlands Reserve Program, because of voluntary enrollment in a federal farm program; and

(B) used for agricultural or other purposes allowed under the programs referred to in clause (A); or

(8) is constructed for reduction or control of pollution.

(b) For purposes of subsection (a)(2), an isolated wetland exists as an incidental feature:

(1) if:

(A) the owner or operator of the property or facility described in subsection (a)(2) does not intend the isolated wetland to be a wetland;

(B) the isolated wetland is not essential to the function or use of the property or facility; and

(C) the isolated wetland arises spontaneously as a result of damp soil conditions incidental to the function or use of the property or facility; and

(2) if the isolated wetland satisfies any other factors or criteria established in rules that are:

(A) adopted by the board; and

(B) not inconsistent with the factors and criteria described in subdivision (1).

(c) The total acreage of Class II wetlands on a tract to which the exemption described in subsection (a)(6) may apply is limited to the larger of:

(1) the acreage of the largest individual isolated wetland on the tract that qualifies for the exemption described in subsection (a)(6); and

(2) sixty percent (60%) of the cumulative acreage of all individual isolated wetlands on the tract that would qualify for the exemption described in subsection (a)(6) but for the limitation of this subsection.

(d) An isolated wetland described in subsection (a)(5) or (a)(6) does not include an isolated wetland on a tract that contains more than one (1) of the same class of wetland until the owner of the tract notifies the department that the owner has selected the isolated wetland to be an exempt isolated wetland under subsection (a)(5) or (a)(6).

As added by P.L.282-2003, SEC.24. Amended by P.L.52-2004, SEC.3; P.L.241-2005, SEC.3; P.L.113-2014, SEC.47; P.L.160-2021, SEC.4; P.L.1-2024, SEC.3.
Ind. Code § 13-20-1-3 — Indiana Code / Title 13 / Article 20 / Chapter 1 / Section 13-20-1-3
Demonstration statement
Status: in_force

Sec. 3. A person that applies for a permit referred to in section 2 of this chapter must submit the following information to the department along with the permit application:

(1) A description of the area that would be served by the solid waste disposal or processing facility.

(2) A description of existing solid waste management facilities in the area that would be served by the solid waste disposal facility.

(3) A description of the need that would be fulfilled by constructing the solid waste disposal facility.

[Pre-1996 Recodification Citation: 13-7-10-1.5(b).]

As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005, SEC.12.
Ind. Code § 13-29-2-5 — Indiana Code / Title 13 / Article 29 / Chapter 2 / Section 13-29-2-5
Commissioners
Status: in_force

Sec. 5. (a) In pursuance of Article 4 of the Ohio River Valley Water Sanitation Compact, there are three (3) members of the Ohio River Valley Water Sanitation Commission from Indiana.

(b) The governor shall appoint two (2) commissioners, each of whom must be a resident and citizen of Indiana. The term of one (1) of the two (2) commissioners first appointed is three (3) years and the term of the other commissioner is six (6) years. The successors shall be appointed by the governor for terms of six (6) years each. Each commissioner holds office until a successor is appointed and qualified. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled by appointment by the governor for the unexpired term.

(c) The third commissioner from Indiana is the commissioner of the department of environmental management ex officio. The term of the ex officio commissioner terminates at the time the individual ceases to hold the office of commissioner of the department of environmental management, and the commissioner's successors as a commissioner are the commissioner's successors as the commissioner of the department of environmental management.

(d) With the exception of the issuance of any order under Article 9 of the compact, the ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in the commissioner's department or office the power to be present and participate, including voting, as the commissioner's representative or substitute at any meeting of or hearing by or other proceeding of the commission.

(e) The terms of each of the initial three (3) members begin at the date of the appointment of the two (2) appointive commissioners if the compact has gone into effect in accordance with Article 11 of the compact. If the compact has not gone into effect, the terms begin upon the date upon which the compact becomes effective in accordance with Article 11 of the compact.

(f) The governor may remove a commissioner from office upon charges and after a hearing but the commissioner shall be given the opportunity to be heard.

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

As added by P.L.1-1996, SEC.19.
Ind. Code § 13-25-5-7 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-7
Voluntary remediation investigation plan; voluntary remediation work plan; contents
Status: in_force

Sec. 7. (a) If the department determines an application is eligible under section 4 of this chapter, the applicant may submit:

(1) a proposed voluntary remediation investigation plan to the department;

(2) a proposed voluntary remediation work plan to the department; or

(3) a voluntary remediation work plan for a completed remediation project to the department.

(b) A proposed voluntary remediation work plan must include the following:

(1) Detailed documentation of the investigation conducted by the applicant in preparing the proposed voluntary remediation work plan and a description of the work to be performed by the applicant to determine the nature and extent of the actual or threatened release.

(2) A proposed statement of work to accomplish the remediation in accordance with guidelines established by the department.

(3) Plans concerning the following:

(A) Quality assurance for the implementation of the proposed remediation project.

(B) Descriptions of sampling and analysis.

(C) Health and safety considerations.

(D) Community relations and community comment in planning, cleanup objectives, and implementation processes.

(E) Data management and record keeping.

(F) A proposed schedule concerning the implementation of all tasks set forth in the proposed statement of work.

(c) A voluntary remediation work plan for a completed remediation project must include the following:

(1) Detailed documentation of the investigation conducted by the applicant in preparing the proposed voluntary remediation work plan and a description of the work performed by the applicant to determine the nature and extent of the actual or threatened release.

(2) A statement of work performed to accomplish the remediation in accordance with rules or guidelines established by the department.

(3) Plans concerning the following:

(A) Quality assurance for the implementation of and, if appropriate, plans for future oversight of the remediation project.

(B) Descriptions of sampling and analysis conducted before and after the remediation is performed.

(C) Health and safety considerations.

(D) Community comment.

(E) Data management and record keeping.

(F) Criteria used to determine remediation levels and remediation methodology.

(4) Other information the department determines is necessary to evaluate the work plan and determine if the remediation objectives have been achieved.

[Pre-1996 Recodification Citation: 13-7-8.9-12.]

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.18.
Ind. Code § 13-20-22-21 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-21
Criminal penalty for application misstatement
Status: in_force

Sec. 21. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or grant from the fund commits a Level 6 felony.

As added by P.L.137-2007, SEC.22. Amended by P.L.158-2013, SEC.191.
Ind. Code § 13-18-10-2.5 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-2.5
Changes to an existing approved facility or structure
Status: in_force

Sec. 2.5. The department may not require a person who has received an approval under section 1 of this chapter to update or make changes to an existing approved facility or structure as part of a new application if the new facility or structure does not impact the existing approved facility or structure.

As added by P.L.42-2026, SEC.4.
Ind. Code § 13-26-10-14 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-14
Contents of ordinance authorizing revenue bonds
Status: in_force

Sec. 14. The ordinance authorizing the revenue bonds and fixing the details of the revenue bonds may provide that the trust indenture contain reasonable and lawful provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the district and the board in relation to the following:

(1) The construction or acquisition of the works.

(2) The improvement, operation, repair, and maintenance of the works.

(3) The issuance of bonds, including the custody, safeguarding, and application of all money.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-11-2-114 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-114
"Land application"
Status: in_force

Sec. 114. "Land application", for purposes of section 205 of this chapter and IC 13-18-12, means the disposal of:

(1) septage;

(2) solid waste, as defined in section 205(a) of this chapter; or

(3) industrial waste products, as allowed under IC 13-18-12-2.5;

by injection below the land surface, incorporation into the soil, or spraying or spreading onto the land surface.

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

As added by P.L.1-1996, SEC.1. Amended by P.L.112-2016, SEC.6; P.L.135-2026, SEC.23.
Ind. Code § 13-11-2-221 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-221
"State plan"
Status: in_force

Sec. 221. "State plan", for purposes of IC 13-21, refers to the state solid waste management plan adopted under IC 13-21-1-1.

[Pre-1996 Recodification Citation: 13-9.5-1-31.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-15-2 — Indiana Code / Title 13 / Article 18 / Chapter 15 / Section 13-18-15-2
Negotiation of terms; remonstrance waivers
Status: in_force

Sec. 2. (a) The persons involved shall negotiate the terms for connection and service under this chapter.

(b) If service is ordered under this chapter, a receiver of that service that is located in an unincorporated area may grant a waiver to a municipality providing the service. A waiver under this section:

(1) must waive the receiver's right of remonstrance against annexation of the areas in which the service is to be provided; and

(2) may be one (1) of the terms for connection and service described in subsection (a).

(c) The waiver, if granted:

(1) shall be noted on the deed of each property affected and recorded as provided by law; and

(2) is considered a covenant running with the land.

(d) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall, within a reasonable time after the recording of a deed to property located within the municipality, provide written notice to the property owner that a waiver of the right of remonstrance exists with respect to the property.

(e) A remonstrance waiver executed before July 1, 2003, is void. This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

(f) A remonstrance waiver executed after June 30, 2003, and before July 1, 2019, is subject to the following:

(1) The waiver is void unless the waiver was recorded:

(A) before January 1, 2020; and

(B) with the county recorder of the county where the property subject to the waiver is located.

(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.

This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

(g) A remonstrance waiver executed after June 30, 2019, is subject to the following:

(1) The waiver is void unless the waiver is recorded:

(A) not later than thirty (30) business days after the date the waiver was executed; and

(B) with the county recorder of the county where the property subject to the waiver is located.

(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.

This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.228-2015, SEC.2; P.L.257-2019, SEC.83.
Ind. Code § 13-20.5-4-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 4 / Section 13-20.5-4-2
Repealed
Status: repealed

As added by P.L.178-2009, SEC.27. Repealed by P.L.135-2026, SEC.220.
Ind. Code § 13-20-10.5-1 — Indiana Code / Title 13 / Article 20 / Chapter 10.5 / Section 13-20-10.5-1
Department approval
Status: in_force

Sec. 1. (a) A person may not after June 30, 2011, start:

(1) construction of:

(A) an anaerobic digestion facility; or

(B) a gasification facility; or

(2) expansion of:

(A) an anaerobic digestion facility; or

(B) a gasification facility;

without obtaining prior approval of the department.

(b) A person who proposes to construct or expand an anaerobic digestion facility or a gasification facility on the premises of a confined feeding operation must obtain the prior approval required under subsection (a) through the approval process for confined feeding operations under IC 13-18-10 and rules implementing that chapter.

As added by P.L.189-2011, SEC.13. Amended by P.L.135-2026, SEC.192.
Ind. Code § 13-28-4-2 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-2
Reports not privileged; civil or administrative actions
Status: in_force

Sec. 2. (a) In a civil or an administrative proceeding, a court of record, after an in camera review, shall require disclosure of material for which the privilege described in section 1 of this chapter is asserted if the court determines that both subdivisions (1) and (2) apply:

(1) The environmental audit report was first issued after July 1, 1994.

(2) One (1) of the following applies:

(A) The privilege is asserted for a fraudulent purpose.

(B) The material is not subject to the privilege.

(C) The material is subject to the privilege and the material shows evidence of noncompliance with:

(i) this title or a rule or standard adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2;

(ii) a determination, a permit, or an order issued by the commissioner under this title; or

(iii) the federal, regional, or local counterpart of item (i) or (ii);

and the person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.

(b) If the noncompliance described in subsection (a)(2)(C) constitutes a failure to obtain a required permit, the person is considered to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance.

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

As added by P.L.1-1996, SEC.18. Amended by P.L.113-2014, SEC.85.
Ind. Code § 13-11-2-37 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-37
"Compost"
Status: in_force

Sec. 37. "Compost", for purposes of IC 13-20-10, means the product:

(1) produced by the process of composting vegetative matter and other types of organic material; and

(2) that may be used:

(A) as a soil conditioner;

(B) as a cover material for a solid waste landfill; or

(C) for another use approved by the department.

[Pre-1996 Recodification Citation: 13-7-35-2.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-124 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-124
"Management plan"
Status: in_force

Sec. 124. "Management plan", for purposes of IC 13-29-1, means the plan adopted by the commission for the storage, transportation, treatment, and disposal of waste within the region.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-40 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-40
"Confined feeding operation"
Status: in_force

Sec. 40. "Confined feeding operation" means:

(1) any confined feeding of:

(A) at least three hundred (300) cattle;

(B) at least six hundred (600) swine or sheep;

(C) at least thirty thousand (30,000) fowl; or

(D) at least five hundred (500) horses.

(2) any animal feeding operation electing to be subject to IC 13-18-10; or

(3) any animal feeding operation that is causing a violation of:

(A) water pollution control laws;

(B) any rules of the board; or

(C) IC 13-18-10.

[Pre-1996 Recodification Citation: 13-1-5.7-1(d), (g) part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.125-1997, SEC.2; P.L.81-2009, SEC.1; P.L.127-2009, SEC.2; P.L.189-2011, SEC.4; P.L.113-2014, SEC.44; P.L.135-2026, SEC.15.
Ind. Code § 13-26-2-2 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-2
Petitions; filing
Status: in_force

Sec. 2. (a) The petition may be filed by any representative of one (1) or more eligible entities involved after being authorized by the fiscal body of the petitioning eligible entity or entities included in the plan of the proposed district.

(b) If the proposed district includes:

(1) a state park or recreational area, forest land, or a reservoir; or

(2) land owned, leased, or controlled by the department of natural resources;

the petition may be joined or filed by any representative of that department after having been authorized by the natural resources commission, with the approval of the executive of the county containing the territory of the district.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.133-1997, SEC.2.
Ind. Code § 13-22-3-7 — Indiana Code / Title 13 / Article 22 / Chapter 3 / Section 13-22-3-7
Prior convictions; denial of permit
Status: in_force

Sec. 7. An individual, a partnership, a limited liability company, or a corporation who or that has been:

(1) convicted of a violation of the environmental management laws or IC 13-7 (before its repeal); and

(2) fined or imprisoned;

may not be issued a permit to own or operate a hazardous waste facility.

[Pre-1996 Recodification Citation: 13-7-8.5-5.2.]

As added by P.L.1-1996, SEC.12. Amended by P.L.137-2007, SEC.23.
Ind. Code § 13-13-8-4 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-4
Membership
Status: in_force

Sec. 4. (a) The board consists of the following eighteen (18) members:

(1) The following ex officio members:

(A) The commissioner, or the commissioner's designee, who serves as a nonvoting member of the board.

(B) The director of the department of natural resources or the director's designee.

(C) The director of the state department of agriculture or the director's designee.

(D) The secretary of commerce or the secretary's designee.

(E) The chairperson appointed under IC 13-13-7.1-6, who serves as a nonvoting member of the board.

(F) The chairperson selected under IC 13-23-11-5, who serves as a nonvoting member of the board.

(2) The following twelve (12) members, who shall be appointed by the governor based on recommendations from representative constituencies:

(A) One (1) representative of agriculture.

(B) One (1) representative of manufacturing.

(C) One (1) representative of environmental interests.

(D) One (1) representative of labor.

(E) One (1) representative of local government.

(F) One (1) representative of small business.

(G) One (1) health professional.

(H) One (1) representative of the solid waste management industry.

(I) One (1) representative of a public utility.

(J) One (1) representative of the construction industry.

(K) Two (2) representatives of the general public.

(b) An individual appointed under subsection (a)(2) must possess knowledge, experience, or education qualifying the individual to represent the constituency the individual is being recommended to represent.

(c) In appointing members under subsection (a)(2), the governor may consider geographic location, political affiliation, and other factors to ensure viewpoints are fairly balanced.

As added by P.L.133-2012, SEC.72. Amended by P.L.250-2019, SEC.6; P.L.135-2026, SEC.66.
Ind. Code § 13-21-13-1 — Indiana Code / Title 13 / Article 21 / Chapter 13 / Section 13-21-13-1
Fees for disposal in facilities within the district; penalties
Status: in_force

Sec. 1. (a) A board may impose fees on the disposal of solid waste in a final disposal facility located within the district. A fee imposed by a board in a county with a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000) under this section may not exceed two dollars and fifty cents ($2.50) a ton. A fee imposed by a board in other counties under this section may not exceed:

(1) two dollars and fifty cents ($2.50) a ton; or

(2) the amount of a fee imposed by the board;

(A) under this section; and

(B) in effect on January 1, 1993;

whichever is greater.

(b) The board shall do the following:

(1) Set the amount of fees imposed under this section after a public hearing.

(2) Give public notice of the hearing.

(c) If solid waste has been subject to a district fee under this section, the total amount of the fee that was paid shall be credited against a district fee to which the solid waste may later be subject under this section.

(d) Except as provided in section 4 of this chapter, fees imposed under this chapter shall be imposed uniformly on public facilities and on privately owned or operated facilities throughout the district.

(e) A resolution adopted by a board that establishes fees under this chapter may contain a provision that authorizes the board to impose a penalty of not more than five hundred dollars ($500) per day because of:

(1) nonpayment of fees; or

(2) noncompliance with a condition in the resolution.

(f) A board may not impose fees for material used as alternate daily cover pursuant to a permit issued by the department under the rules adopted by the board.

[Pre-1996 Recodification Citation: 13-9.5-7-1.]

As added by P.L.1-1996, SEC.11. Amended by P.L.45-1997, SEC.15; P.L.170-2002, SEC.91; P.L.119-2012, SEC.118; P.L.104-2022, SEC.90; P.L.135-2026, SEC.228.
Ind. Code § 13-11-2-19 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-19
"Broker"
Status: in_force

Sec. 19. "Broker", for purposes of IC 13-20-4 and IC 13-20-6, means a person who is in the business of making arrangements for the transportation of municipal waste that was generated by another person.

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

Sec. 1. The board of trustees of a district is the governing body of the district. A board may consist of:

(1) three (3);

(2) five (5);

(3) seven (7);

(4) nine (9);

(5) eleven (11); or

(6) thirteen (13);

trustees.

[Pre-1996 Recodification Citations: 13-3-2-1 part; 13-3-2-5(d) part.]

As added by P.L.1-1996, SEC.16. Amended by P.L.101-2003, SEC.2.
Ind. Code § 13-11-2-38.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-38.3
"Concentrated animal feeding operation" or "CAFO"
Status: in_force

Sec. 38.3. "Concentrated animal feeding operation" or "CAFO", for purposes of IC 13-18-10 and IC 13-18-20, has the meaning set forth in 40 CFR 122.23.

As added by P.L.24-2004, SEC.2.
Ind. Code § 13-27-2-7 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-7
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.17. Repealed by P.L.135-2026, SEC.286.
Ind. Code § 13-20-4-11 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-11
Waste must be accompanied by manifest to be accepted by waste facility
Status: in_force

Sec. 11. A solid waste disposal facility or a solid waste processing facility may not accept a shipment of municipal waste that is not accompanied by a municipal waste transportation manifest as required by section 7 of this chapter.

[Pre-1996 Recodification Citation: 13-7-31-14.]

As added by P.L.1-1996, SEC.10. Amended by P.L.131-2006, SEC.4.
Ind. Code § 13-22-2-3 — Indiana Code / Title 13 / Article 22 / Chapter 2 / Section 13-22-2-3
Criteria for determining; listing
Status: in_force

Sec. 3. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 to develop criteria for determining hazardous waste. In developing those criteria, the board shall determine whether any waste to be or being disposed of meets any of the following conditions:

(1) Presents immediate or persistent hazards to humans or wildlife.

(2) Is resistant to natural degradation or detoxification.

(3) Is bioconcentrative, flammable, reactive, toxic, corrosive, or infectious in addition to any other harmful characteristics.

(b) The board shall do the following:

(1) Compile and maintain a listing of wastes that have been determined to be hazardous:

(A) under the criteria described in subsection (a); or

(B) by regulation of the United States Environmental Protection Agency.

(2) Issue the listing by adopting rules under IC 4-22-2.

(c) The board shall consider actions taken by adjoining states and the federal government for purposes of uniform criteria relating to the listing and delisting of waste under this section.

(d) The commissioner may exclude a waste produced at a particular generating facility from the listing under subsection (b) if the person seeking exclusion of the waste demonstrates to the satisfaction of the commissioner that the waste does not meet any of the criteria under which the waste was listed as a hazardous waste and:

(1) the person seeking exclusion has already obtained exclusion of the waste from the listing maintained under 40 CFR 261 by the United States Environmental Protection Agency; or

(2) if the department has received authority from the United States Environmental Protection Agency to delist waste under 40 CFR 260.20 and 260.22, the person petitions the commissioner to consider the removal of a waste from the listing, and the commissioner follows the authorized procedure for delisting.

(e) The department shall establish a procedure by which a person may petition the commissioner to consider the removal of a specific waste from the lists maintained under subsection (b).

[Pre-1996 Recodification Citation: 13-7-8.5-3.]

As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.17; P.L.128-1997, SEC.5; P.L.93-2024, SEC.118.
Ind. Code § 13-11-2-4 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-4
"Air contaminant source"
Status: in_force

Sec. 4. (a) "Air contaminant source", for purposes of air pollution control laws, means all sources of emission of air contaminants, whether privately or publicly owned or operated.

(b) The term includes the following:

(1) All types of business, commercial and industrial plants, works, shops, stores, heating plants, powerplants, and power stations.

(2) Buildings and other structures of all types, including single and multiple family residences, apartments, houses, office buildings, public buildings, hotels, restaurants, schools, hospitals, churches, and other institutional buildings.

(3) Automobiles, trucks, tractors, buses, and other motor vehicles.

(4) Garages.

(5) Vending and service locations and stations and railroad locomotives.

(6) Ships, boats, and other watercraft.

(7) Portable fuel-burning equipment.

(8) Incinerators of all types, indoor and outdoor.

(9) Refuse dumps and piles.

(10) All stack and other chimney outlets from any of the items described in subdivisions (1) through (9).

[Pre-1996 Recodification Citation: 13-1-1-2(e), (h) part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-17-3 — Indiana Code / Title 13 / Article 18 / Chapter 17 / Section 13-18-17-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-26-4.]

As added by P.L.1-1996, SEC.8. Repealed by P.L.135-2026, SEC.171.
Ind. Code § 13-13-8-13 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-13
Legal counsel
Status: in_force

Sec. 13. (a) The board may select, from a list of three (3) qualified individuals recommended by the governor, an independent third party who is not an employee of the state to serve as legal counsel.

(b) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the legal counsel. The legal counsel is not a voting member of the board.

As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.72.
Ind. Code § 13-11-2-111 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-111
"Intentionally introduced"
Status: in_force

Sec. 111. "Intentionally introduced", for purposes of IC 13-20-17, means any time that mercury is present in a battery, unless the mercury is only incidentally present in other materials in the battery.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-128.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-128.8
"Mercury switch"
Status: in_force

Sec. 128.8. "Mercury switch", for purposes of IC 13-20-17.7, means a convenience light switch that:

(1) is located in the hood or trunk lid of a motor vehicle; and

(2) contains mercury.

As added by P.L.170-2006, SEC.7. Amended by P.L.112-2016, SEC.8.
Ind. Code § 13-18-20-9 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-9
Public water system permits
Status: in_force

Sec. 9. For public water system permits, the annual base fee per facility is:

(1) one thousand dollars ($1,000) for a major permit; and

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

plus the following annual discharge flow fee per facility based on projected daily average flow in MGD as set forth in a facility NPDES permit:

Projected Daily Average

Flow in MGD

Fee

.001 -

.05

$240

.051 -

.1

$360

.101 -

.2

$840

.201 -

.3

$1,200

.301 -

.5

$1,680

.501 -

1.0

$2,060

1.001 -

2.0

$3,600

2.001 -

5.0

$5,400

5.001 -

10.0

$8,400

10.001 -

15.0

$12,000

15.001 -

30.0

$16,800

30.001 -

50.0

$22,800

50.001 -

100.0

$28,800

> 100.0

$34,800

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

As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.24.
Ind. Code § 13-20-13-16 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-16
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-23-20 part.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.93-1998, SEC.21.
Ind. Code § 13-18-20-8 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-8
Semipublic permits
Status: in_force

Sec. 8. For semipublic permits, the annual base fee per facility is:

(1) seven hundred fifty dollars ($750) for a major permit; and

(2) two hundred dollars ($200) for a minor permit;

plus the following annual discharge flow fee per facility:

Daily Average Design

Flow in MGD

Fee

.001 -

.05

$150

.051 -

.1

$300

.101 -

.2

$1,000

.201 -

.3

$2,000

.301 -

.5

$2,500

.501 -

1.0

$3,000

1.001 -

2.0

$3,500

2.001 -

5.0

$4,000

5.001 -

10.0

$5,000

10.001 -

15.0

$6,500

15.001 -

30.0

$7,500

30.001 -

50.0

$10,000

50.001 -

100.0

$11,000

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-11-2-165 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-165
"Pollution control laws"
Status: in_force

Sec. 165. "Pollution control laws" refers to the following:

(1) IC 13-12-4 and IC 13-12-5.

(2) IC 13-17, except for the following:

(A) IC 13-17-3-15.

(B) IC 13-17-8-10.

(C) IC 13-17-10.

(D) IC 13-17-11.

(E) IC 13-17-13.

(3) IC 13-18, except for the following:

(A) IC 13-18-12 and IC 5-1.2-10.

(B) IC 13-18-15 through IC 13-18-20.

(4) IC 13-19-3.

(5) IC 13-20-16 and IC 13-20-17.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1. Amended by P.L.133-2012, SEC.70; P.L.189-2018, SEC.114; P.L.135-2026, SEC.28.
Ind. Code § 13-25-4-8 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-8
Liability of a person to the state; exceptions; presumptions concerning releases
Status: in_force

Sec. 8. (a) Except as provided in subsection (b), (c), or (d), a person that is liable under Section 107(a) of CERCLA (42 U.S.C. 9607(a)) for:

(1) the costs of removal or remedial action incurred by the commissioner consistent with the national contingency plan;

(2) the costs of any health assessment or health effects study carried out by or on behalf of the commissioner under Section 104(i) of CERCLA (42 U.S.C. 9604(i)); or

(3) damages for:

(A) injury to;

(B) destruction of; or

(C) loss of;

natural resources of Indiana;

is liable, in the same manner and to the same extent, to the state under this section.

(b) The exceptions provided by Sections 107(b), 107(q), and 107(r) of CERCLA 42 U.S.C. 9607(b), 42 U.S.C. 9607(q), and 42 U.S.C. 9607(r)) to liability otherwise imposed by Section 107(a) of CERCLA (42 U.S.C. 9607(a)) are equally applicable to any liability otherwise imposed under subsection (a).

(c) Notwithstanding any liability imposed by the environmental management laws:

(1) a lender that meets, for purposes of the determination under this section of liability for a release of hazardous substances, the exception criteria under Section 101(20)(E) of CERCLA (42 U.S.C. 9601(20)(E));

(2) a secured or unsecured creditor; or

(3) a fiduciary;

is not liable under the environmental management laws, in connection with the release or threatened release of a hazardous substance from a facility unless the lender, the fiduciary, or creditor has participated in the management of the hazardous substance at the facility.

(d) Notwithstanding any liability imposed by the environmental management laws, the liability of a fiduciary for a release or threatened release of a hazardous substance from a facility that is held by the fiduciary in its fiduciary capacity may be satisfied only from the assets held by the fiduciary in the same estate or trust as the facility that gives rise to the liability.

(e) Except as provided in subsection (g), a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government is not liable to the state under this section for costs or damages associated with the presence of a hazardous substance on, in, or at a property in which the political subdivision or unit of federal or state government acquired an interest because of:

(1) bankruptcy;

(2) foreclosure;

(3) tax delinquency, including an acquisition under IC 6-1.1-24 or IC 6-1.1-25;

(4) abandonment;

(5) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;

(6) receivership;

(7) transfer from another political subdivision or unit of federal or state government;

(8) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;

(9) other circumstances in which the political subdivision or unit of federal or state government involuntarily acquired ownership or control because of the political subdivision's or unit's function as sovereign; or

(10) any other means to conduct remedial actions on a brownfield.

(f) If a transfer of an interest in property as described in subsection (e) occurs, a person who owned, operated, or otherwise controlled the property immediately before the political subdivision or unit of federal or state government acquired the interest in the property remains liable under this section:

(1) in the same manner; and

(2) to the same extent;

as the person was liable immediately before the person's interest in the property was acquired by the political subdivision or unit of federal or state government.

(g) Notwithstanding subsection (e), a political subdivision or unit of federal or state government that causes or contributes to the release or threatened release of a hazardous substance on, in, or at a property remains subject to this section:

(1) in the same manner; and

(2) to the same extent;

as a nongovernmental entity under this section.

(h) Except as provided in subsection (i), a nonprofit corporation is not liable to the state under this section for costs or damages associated with the presence of a hazardous substance on, in, or at a property in which the nonprofit corporation acquired an interest to assist and support a political subdivision's revitalization and reuse of a brownfield for noncommercial purposes, including conservation, preservation, and recreation.

(i) Notwithstanding subsection (h), a nonprofit corporation that causes or contributes to a release or threatened release of a hazardous substance on, in, or at a property remains subject to this section:

(1) in the same manner; and

(2) to the same extent;

as any other nongovernmental entity under this section.

(j) A political subdivision or unit of federal or state government that establishes an exemption or defense under subsection (b) or (e) may undertake any activity related to:

(1) investigation, removal, or remedial action on a brownfield, including complying with land use restrictions and institutional controls; or

(2) monitoring or closure of an underground storage tank;

without being considered as contributing to the existing release or threatened release of hazardous substances on, in, or at the brownfield unless existing contamination on the brownfield is exacerbated due to gross negligence or intentional misconduct by the political subdivision or unit of federal or state government.

(k) For purposes of subsection (j), reckless, willful, or wanton misconduct constitutes gross negligence.

[Pre-1996 Recodification Citation: 13-7-8.7-8(c), (d), (e), (f), (g).]

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.15; P.L.90-1998, SEC.24; P.L.25-2005, SEC.3; P.L.208-2005, SEC.13; P.L.1-2006, SEC.205; P.L.221-2007, SEC.17; P.L.159-2011, SEC.39.
Ind. Code § 13-11-2-116 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-116
"Landfill"
Status: in_force

Sec. 116. (a) "Landfill", for purposes of IC 13-20-2, IC 13-20-24, and IC 13-20.5, means a solid waste disposal facility at which solid waste is deposited on or beneath the surface of the ground as an intended place of final location.

(b) "Landfill", for purposes of section 114.2 of this chapter and IC 13-20-11, means a facility operated under a permit issued under IC 13-15-3 or IC 13-7-10 (before its repeal) at which solid waste is disposed of by placement on or under the surface of the ground.

(c) "Landfill", for purposes of section 82 of this chapter and IC 13-21, means a solid waste disposal facility at which solid waste is deposited on or in the ground as an intended place of final location. The term does not include the following:

(1) A site that is devoted solely to receiving one (1) or more of the following:

(A) Fill dirt.

(B) Vegetative matter subject to disposal as a result of:

(i) landscaping;

(ii) yard maintenance;

(iii) land clearing; or

(iv) any combination of activities referred to in this clause.

(2) A facility receiving waste that is regulated under the following:

(A) IC 13-22-1 through IC 13-22-8.

(B) IC 13-22-13 through IC 13-22-14.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-22-2(b); subsection (b) formerly 13-7-22-3(a); subsection (c) formerly 13-9.5-1-19.]

As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.46; P.L.133-1998, SEC.4; P.L.30-1999, SEC.2; P.L.14-2000, SEC.34; P.L.97-2004, SEC.60; P.L.131-2006, SEC.2; P.L.178-2009, SEC.12.
Ind. Code § 13-20-4-13 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-13
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-31-16.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-22-4-4 — Indiana Code / Title 13 / Article 22 / Chapter 4 / Section 13-22-4-4
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.
Ind. Code § 13-18-20.5-5 — Indiana Code / Title 13 / Article 18 / Chapter 20.5 / Section 13-18-20.5-5
Delinquent payment; enforcement action; notice
Status: in_force

Sec. 5. If a person does not remit a public water system annual operation fee or an installment of the fee under IC 13-16-2 to the department not later than ninety (90) days after the date the fee is assessed or not later than sixty (60) days after the date the installment is due, the department may pursue enforcement action under IC 13-30. However, before the department may pursue enforcement action, the department must:

(1) not earlier than sixty (60) days after the date the fee is assessed or not earlier than thirty (30) days after the installment is due; and

(2) not later than thirty (30) days before the department pursues enforcement action;

notify the person by United States mail of the fees and delinquency charges due. The notice must state that the department may pursue enforcement action for nonpayment after thirty (30) days from the date of the notice.

As added by P.L.224-2003, SEC.134.
Ind. Code § 13-11-2-13 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-13
"Asbestos project"
Status: in_force

Sec. 13. "Asbestos project", for purposes of IC 13-17-6, means an activity involving the:

(1) abatement;

(2) removal;

(3) renovation;

(4) enclosure;

(5) repair; or

(6) encapsulation;

of asbestos containing material.

[Pre-1996 Recodification Citation: 13-1-1-2(m), (h) part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-82 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-82
"Final disposal facility"
Status: in_force

Sec. 82. (a) "Final disposal facility", for purposes of IC 13-20-3, IC 13-20-5, IC 13-20-22, and IC 13-21, means any of the following:

(1) A landfill.

(2) An incinerator.

(3) A waste-to-energy facility.

(b) The term does not include a transfer station or an advanced recycling facility.

[Pre-1996 Recodification Citations: 13-7-22-2.7(c) part; 13-9.5-1-1 part; 13-9.5-1-14.]

As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.45; P.L.54-2023, SEC.4.
Ind. Code § 13-18-18-3 — Indiana Code / Title 13 / Article 18 / Chapter 18 / Section 13-18-18-3
Notice of intent
Status: in_force

Sec. 3. The general permit established under this chapter must allow a coal mine operator the option of submitting a notice of intent to be governed by the general permit requirements before the requirements apply to the coal mine operator.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.81-2011, SEC.5.
Ind. Code § 13-30-4-3 — Indiana Code / Title 13 / Article 30 / Chapter 4 / Section 13-30-4-3
Waiver of civil penalties
Status: in_force

Sec. 3. (a) The department may waive up to one hundred percent (100%) of a civil penalty imposed on a business for a minor violation of:

(1) a requirement of environmental management laws;

(2) a rule adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2; or

(3) any determination, permit, or order made or issued by the commissioner.

(b) The department may not waive any part of a civil penalty under this section if the violation:

(1) endangers or causes damage to public health or the environment;

(2) is intentional, willful, or criminal;

(3) is of a requirement for which the department has previously issued a notice or warning of violation, for this or a prior violation, to the business required to correct the violation; or

(4) is not corrected within ninety (90) days after the date the business required to correct the violation notifies the department of the violation under subsection (c). The department may extend the ninety (90) day period for not more than an additional ninety (90) days.

(c) To seek a waiver of a civil penalty under this section, the business required to correct the violation must submit to the department a written report of the violation for which a waiver is sought. The report must be submitted to the department before an inspection by the department that discloses the violation or the issuance of a notice or warning of violation.

(d) The board may adopt rules to implement this section.

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

As added by P.L.1-1996, SEC.20. Amended by P.L.123-1996, SEC.15; P.L.113-2014, SEC.86.
Ind. Code § 13-11-2-218 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-218
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1996, SEC.3. Repealed by P.L.127-1997, SEC.2.
Ind. Code § 13-11-2-260 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-260
"Water pollution"
Status: in_force

Sec. 260. "Water pollution", for purposes of water pollution control laws and environmental management laws, means:

(1) actual or threatened alteration of the physical, thermal, chemical, biological, bacteriological, or radioactive properties of any waters; or

(2) the discharge or threatened discharge of any contaminant into any waters that does or can create a nuisance or make the waters harmful, detrimental, or injurious to any of the following:

(A) Public health, safety, or welfare.

(B) Domestic, commercial, industrial, agricultural, recreational, or other legitimate uses.

(C) Livestock, wild animals, birds, fish, or aquatic life.

[Pre-1996 Recodification Citations: 13-1-3-1.5 part; 13-7-1-3 part; 13-7-1-26.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-23-11-9 — Indiana Code / Title 13 / Article 23 / Chapter 11 / Section 13-23-11-9
Expiration
Status: in_force

Sec. 9. This chapter expires July 1, 2031.

As added by P.L.135-2026, SEC.250.
Ind. Code § 13-11-2-7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-7
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.1. Repealed by P.L.135-2026, SEC.4.
Ind. Code § 13-29-1-4 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-4
Regional management plan
Status: in_force

Sec. 4.

ARTICLE IV. REGIONAL DISPOSAL PLAN

The Commission shall adopt and periodically update a regional disposal plan designed to ensure the safe and efficient disposal of waste generated within the region. In adopting a regional waste disposal plan, the Commission shall do all of the following:

a. Adopt procedures for determining, consistent with considerations for public health and safety, the type and number of compact facilities which are presently necessary and which are projected to be necessary to dispose of waste generated within the region.

b. Develop and adopt procedures and criteria for identifying a party state as a host state for a compact facility. In developing these criteria, the Commission shall consider all of the following:

1. The health, safety, and welfare of the citizens of the party states.

2. The existence of compact facilities within each party state.

3. The minimization of waste transportation.

4. The volumes and types of wastes projected to be generated within each party state.

5. The environmental impacts on the air, land and water resources of the party states.

6. The economic impacts on the party states.

c. Conduct such hearings, and obtain such reports, studies, evidence and testimony required by its approved procedures prior to identifying a party state as a host state for a needed compact facility.

d. Prepare a draft disposal plan and any update thereof, including procedures, criteria, and host states, which shall be made available in a convenient form to the public for comment. Upon the request of a party state, the Commission shall conduct a public hearing in that state prior to the adoption or update of the disposal plan. The disposal plan and any update thereof shall include the Commission's response to public and party state comment.

[Pre-1996 Recodification Citation: 13-5-9-4.]

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.5.
Ind. Code § 13-21-3-2 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-2
Territory included in designated district
Status: in_force

Sec. 2. All of the incorporated and unincorporated territory of a county must be included in the designated county solid waste management district or the joint solid waste management district to which the county belongs.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-18-4-6 — Indiana Code / Title 13 / Article 18 / Chapter 4 / Section 13-18-4-6
Notice of violation; service; contents
Status: in_force

Sec. 6. (a) Whenever the commissioner determines that a person:

(1) is violating; or

(2) is about to violate;

section 5 of this chapter, the department shall serve notice of the commissioner's determination on the person in accordance with IC 13-14-2-1.

(b) The commissioner shall include in the notice an order against the person to:

(1) cease the violation; and

(2) abate the condition of pollution;

fixing in the order a reasonable time within which the correction and abatement must take place.

[Pre-1996 Recodification Citation: 13-1-3-8.1.]

As added by P.L.1-1996, SEC.8. Amended by P.L.263-2013, SEC.3; P.L.135-2026, SEC.157.
Ind. Code § 13-21-14-8 — Indiana Code / Title 13 / Article 21 / Chapter 14 / Section 13-21-14-8
Penalties for late payment
Status: in_force

Sec. 8. If a fee established is not paid within the time fixed by the board, the amount, together with:

(1) a penalty of twenty-five dollars ($25); and

(2) a reasonable attorney's fee;

may be recovered in a civil action in the name of the district.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-265.1 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-265.1
"Watershed"
Status: in_force

Sec. 265.1. "Watershed", for purposes of IC 13-18-3, has the meaning set forth in IC 14-8-2-310.

As added by P.L.97-2004, SEC.62.
Ind. Code § 13-25-5-23 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-23
Rules
Status: in_force

Sec. 23. The board may adopt rules under IC 4-22-2 and IC 13-14-8 to implement this chapter. The rules may include interim or final remediation standards or provisions limiting the liability of lenders associated with persons involved in voluntary remediation projects under this chapter.

[Pre-1996 Recodification Citation: 13-7-8.9-23.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-22-13-3 — Indiana Code / Title 13 / Article 22 / Chapter 13 / Section 13-22-13-3
Contents of order
Status: in_force

Sec. 3. An order issued by the commissioner under this chapter:

(1) must state with reasonable specificity the nature of the corrective action or other response measure required by the order;

(2) must specify a time for compliance; and

(3) may include a suspension or revocation of authorization for the facility to operate under interim status.

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

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-27-2-13 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-13
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.17. Repealed by P.L.135-2026, SEC.289.
Ind. Code § 13-29-1-2 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-2
Definitions
Status: in_force

Sec. 2.

ARTICLE II. DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

a. "care" means the continued observation of a facility after closing for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation.

b. "close", "closed", or "closing" means that the compact facility with respect to which any of those terms is used has ceased to accept waste for disposal. "Permanently closed" means that the compact facility with respect to which the term is used has ceased to accept waste because it has operated for twenty years or a longer period of time as authorized by Article VI(i) of this compact, its capacity has been reached, the Commission has authorized it to close pursuant to Article III(h)(7) of this compact, the host state of such facility has withdrawn from the compact or had its membership revoked, or this compact has been dissolved.

c. "commission" means the Midwest Interstate Low-Level Radioactive Waste Commission.

d. "compact facility" means a waste disposal facility that is located within the region and that is established by a party state pursuant to the designation of that state as a host state by the Commission.

e. "development" includes the characterization of potential sites for a waste disposal facility, siting of such a facility, licensing of such a facility, and other actions taken by a host state prior to the commencement of construction of such a facility to fulfill its obligations as a host state.

f. "disposal," with regard to low-level radioactive waste, means the permanent isolation of that waste in accordance with the requirements established by the United States Nuclear Regulatory Commission or the licensing agreement state.

g. "disposal plan" means the plan adopted by the Commission for the disposal of waste within the region.

h. "facility" means a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site, which is or has been used for the disposal of low-level radioactive waste, which is being developed for that purpose, or upon which the construction of improvements or installation of equipment is occurring for that purpose.

i. "final decision" means a final action of the Commission determining the legal rights, duties, or privileges of any person. "Final decision" does not include preliminary, procedural, or intermediate actions by the Commission, actions regulating the internal administration of the Commission, or actions of the Commission to enter into or refrain from entering into contracts or agreements with vendors to provide goods or services to the Commission.

j. "generator" means a person who first produces low-level radioactive waste, including, without limitation, any person who does so in the course of or incident to manufacturing, power generation, processing, waste treatment, waste storage, medical diagnosis and treatment, research, or other industrial or commercial activity. If the person who first produced an item or quantity of waste cannot be identified, "generator" means the person first possessing the waste who can be identified.

k. "host state" means any state which is designated by the Commission to host a compact facility or has hosted a compact facility.

l. "long-term care" means those activities taken by a host state after a compact facility is permanently closed to ensure the protection of air, land, and water resources and the health and safety of all people who may be affected by the facility.

m. "low-level radioactive waste" or "waste" means radioactive waste that is not classified as high-level radioactive waste and that is class A, B, or C low-level radioactive waste as defined in 10 CFR 61.55, as that section existed on January 26, 1983. "Low-level radioactive waste" or "waste" does not include any such radioactive waste that is owned or generated by the United States Department of Energy; by the United States Navy as a result of the decommissioning of its vessels; or as a result of any research, development, testing, or production of any atomic weapon.

n. "operates", "operational", or "operating" means that the compact facility with respect to which any of those terms is used accepts waste for disposal.

o. "party state" means any eligible state that enacts this compact into law, pays any eligibility fee established by the Commission, and has not withdrawn from this compact or had its membership in this compact revoked, provided that a state that has withdrawn from this compact or had its membership revoked again becomes a party state if it is readmitted to membership in this compact pursuant to Article VIII(a) of this compact. "Party state" includes any host state. "Party state" also includes any statutorily created administrative departments, agencies, or instrumentalities of a party state, but does not include municipal corporations, regional or local units of government, or other political subdivisions of a party state that are responsible for governmental activities on less than a statewide basis.

p. "person" means any individual, corporation, association, business enterprise, or other legal entity either public or private and any legal successor, representative, agent, or agency of that individual, corporation, association, business enterprise, or other legal entity. "Person" also includes the United States, states, political subdivisions of states, and any department, agency, or instrumentality of the United States or a state.

q. "region" means the area of the party states.

r. "site" means the geographic location of a facility.

s. "state" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territorial possession of the United States.

t. "storage" means the temporary holding of waste.

u. "treatment" means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render the waste safer for transport or management, amenable to recovery, convertible to another usable material or reduced in volume.

v. "waste management", "manage waste", "management of waste", "management", or "managed" means the storage, treatment, or disposal of waste.

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

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.3.
Ind. Code § 13-11-2-84 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-84
"Financial assurance board"
Status: in_force

Sec. 84. "Financial assurance board", for purposes of IC 13-23, refers to the petroleum storage tank financial assurance board established by IC 13-23-11-1.

[Pre-1996 Recodification Citation: 13-7-20-1.6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.176-2023, SEC.17.
Ind. Code § 13-30-2-1 — Indiana Code / Title 13 / Article 30 / Chapter 2 / Section 13-30-2-1
Specific acts prohibited
Status: in_force

Sec. 1. A person may not do any of the following:

(1) Discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into:

(A) the environment; or

(B) any publicly owned treatment works;

in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the board under the environmental management laws.

(2) Increase the quantity or strength of a discharge of contaminants into the waters or construct or install a sewer or sewage treatment facility or a new outlet for contaminants into the waters of Indiana without prior approval of the department.

(3) Deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by the board.

(4) Deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

(5) Dump or cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the board.

(6) Dispose of solid waste in, upon, or within the limits of or adjacent to a public highway, state park, state nature preserve, or recreation area or in or immediately adjacent to a lake or stream, except:

(A) in proper containers provided for sanitary storage of the solid waste; or

(B) as a part of a sanitary landfill operation or other land disposal method approved by the department.

(7) Construct, install, operate, conduct, or modify, without prior approval of the department, any equipment or facility of any type that may:

(A) cause or contribute to pollution; or

(B) be designed to prevent pollution.

However, the commissioner or the board may approve experimental uses of any equipment, facility, or pollution control device that is considered necessary for the further development of the state of the art of pollution control.

(8) Conduct any salvage operation or open dump by open burning or burn, cause, or allow the burning of any solid waste in a manner that violates either:

(A) the air pollution control laws; or

(B) the rules adopted by the board.

(9) Commence construction of a proposed hazardous waste facility without having first:

(A) filed an application for; and

(B) received;

a permit from the department.

(10) Commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department.

(11) Deliver any hazardous waste to a hazardous waste facility that:

(A) is not approved; or

(B) does not hold a permit from the department.

(12) Cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.

(13) Violate any:

(A) condition;

(B) limitation; or

(C) stipulation;

placed upon a certificate of environmental compatibility by the hazardous waste facility site approval authority or any other provision of IC 13-22-10.

(14) Apply or allow the application of used oil to any ground surface, except for purposes of treatment in accordance with a permit issued by the department under any of the following:

(A) IC 13-15.

(B) IC 13-17-11.

(C) IC 13-18-18.

(D) IC 13-20-1.

(15) Commence construction of a solid waste incinerator without first obtaining a permit from the department under IC 13-20-8.

(16) Commence operation of a solid waste incinerator without first obtaining the approval of the department under IC 13-20-8.

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

As added by P.L.1-1996, SEC.20. Amended by P.L.133-2012, SEC.158; P.L.3-2026, SEC.7.
Ind. Code § 13-11-2-154.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-154.5
"Passenger tire equivalent"
Status: in_force

Sec. 154.5. "Passenger tire equivalent", for purposes of this chapter and IC 13-20-13, has the meaning set forth in IC 13-20-13-1.

As added by P.L.37-2012, SEC.9.
Ind. Code § 13-21-15-3 — Indiana Code / Title 13 / Article 21 / Chapter 15 / Section 13-21-15-3
Dissolution of or withdrawal from solid waste management district; effect upon property taxes in county
Status: in_force

Sec. 3. (a) This section applies to the imposition of property taxes in a county that:

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

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

(b) The following apply to a county that dissolves its county solid waste management district as described in section 1(a) of this chapter:

(1) Subject to the limitations of this subsection, the authority of the county solid waste management district to impose property taxes for purposes of this article is transferred to the county.

(2) For property taxes first due and payable in the first year in which the county no longer has a county solid waste management district, the department of local government finance shall establish a separate solid waste management maximum permissible ad valorem property tax levy for the county that is equal to:

(A) the county solid waste management district's maximum permissible ad valorem property tax levy for the last year in which the county solid waste management district was in existence; multiplied by

(B) the maximum levy growth quotient under IC 6-1.1-18.5-2 that applies to the determination of maximum permissible ad valorem property tax levies for the first year in which the county no longer has a county solid waste management district.

(3) Property taxes collected by the county under the property tax levy authorized under this subsection may be used only for those purposes for which a property tax levy imposed by a solid waste management district under this article may be used.

(c) The following apply to a county that withdraws from a joint 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:

(1) Subject to the limitations of this subsection, the county has the authority to impose property taxes for purposes of this article.

(2) For property taxes first due and payable in the first year in which the county is no longer a member of the joint district, the department of local government finance shall establish a separate solid waste management maximum permissible ad valorem property tax levy for the county that is equal to:

(A) the joint solid waste management district's maximum permissible property tax levy for the last year in which the county was a member of the joint district; multiplied by

(B) a fraction equal to:

(i) the certified assessed valuation of the county for taxes payable in the last year in which the county was a member of the joint district; divided by

(ii) the certified assessed valuation of the joint solid waste management district for taxes payable in the last year in which the county was a member of the joint district; multiplied by

(C) the maximum levy growth quotient under IC 6-1.1-18.5-2 that applies to the determination of maximum permissible ad valorem property tax levies for the first year in which the county is no longer a member of the joint district.

(3) For property taxes first due and payable in the first year in which the county is no longer a member of the joint district, the department of local government finance shall reduce the joint solid waste management district's maximum permissible property tax levy that would otherwise apply by the amount determined under subdivision (2) for the withdrawing county.

(4) Property taxes collected by the county under the property tax levy authorized under this subsection may be used only for those purposes for which a property tax levy imposed by a solid waste management district under this article may be used.

As added by P.L.189-2016, SEC.4. Amended by P.L.159-2020, SEC.61.
Ind. Code § 13-18-12-7 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-7
Exemptions from requirement to obtain permit or vehicle identification number
Status: in_force

Sec. 7. This chapter does not require a person to obtain a permit under this chapter if the person is:

(1) engaged in:

(A) servicing or maintaining publicly owned wastewater treatment facilities; or

(B) transportation of wastewater from a publicly owned wastewater treatment facility;

as long as the wastewater at that facility has been fully treated and is stabilized;

(2) transporting septage from the point of its removal to another location on the same site or tract owned by the same person, although disposal of the septage must be done in accordance with this chapter; or

(3) a homeowner who cleans and services the sewage disposal system serving only the homeowner's residence, although transportation and disposal of septage, including land application, must be done in compliance with this chapter.

[Pre-1996 Recodification Citation: 13-7-8.8-8.]

As added by P.L.1-1996, SEC.8. Amended by P.L.114-2008, SEC.14; P.L.159-2011, SEC.29; P.L.37-2012, SEC.24.
Ind. Code § 13-25-4-13 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-13
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.263.
Ind. Code § 13-11-2-194 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-194
"Retailer"
Status: in_force

Sec. 194. (a) "Retailer", for purposes of IC 13-20-14, means a person engaged in the business of selling new tires at retail in Indiana.

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

(c) "Retailer", for purposes of section 195.7 of this chapter and IC 13-20.5, means a person that sells, rents, or leases, through sales outlets, catalogs, or the Internet, a video display device to a covered entity and not for resale in any form.

(d) "Retailer", for purposes of section 0.4 of this chapter and IC 13-23, means a person who purchases motor fuel for sale to the general public for ultimate consumption.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-23.2-4; subsection (b) formerly 13-1-15-4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.178-2009, SEC.21; P.L.176-2023, SEC.29.
Ind. Code § 13-26-10-18 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-18
Sinking fund for payment of bonds
Status: in_force

Sec. 18. (a) At or before the time of issuance of the revenue bonds, the board shall by ordinance create a sinking fund for the payment of the following:

(1) The bonds.

(2) The interest on the bonds.

(3) The charges of banks or trust companies for making payment of the bonds or interest.

(b) The board shall set aside and pledge the net revenues of the works remaining after the payment of the reasonable expense of operation, repair, and maintenance of the works for payment of the:

(1) principal of and interest on all bonds payable from the revenues of the works, to the extent necessary for that purpose; and

(2) necessary fiscal agency charges for paying the principal and interest of the bonds.

(c) The ordinance may also provide for the accumulation of reasonable reserves in the sinking fund:

(1) as a margin for safety and a protection against default; and

(2) for the payment of premiums upon bonds retired by call or purchase as provided by this article.

[Pre-1996 Recodification Citation: 13-3-2-20.]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-20.5-1-6 — Indiana Code / Title 13 / Article 20.5 / Chapter 1 / Section 13-20.5-1-6
Department may revoke collector or recycler registration
Status: in_force

Sec. 6. The department may revoke the registration of a collector or recycler that violates either or both of the following:

(1) This article.

(2) Rules established by the board.

As added by P.L.178-2009, SEC.27. Amended by P.L.135-2026, SEC.216.
Ind. Code § 13-20-17.7-9 — Indiana Code / Title 13 / Article 20 / Chapter 17.7 / Section 13-20-17.7-9
Repealed
Status: repealed

As added by P.L.170-2006, SEC.15. Repealed by P.L.112-2016, SEC.20.
Ind. Code § 13-20-14-2 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-2
Notices in retail tire establishments
Status: in_force

Sec. 2. (a) In each retail establishment in which a retailer sells new tires, the retailer shall post in a conspicuous place a written notice that bears the following statements:

"Do not put waste tires in the trash."

"Recycle your waste tires."

"State law requires us to accept your waste tires for recycling or proper disposal if you purchase new tires from us.".

(b) A notice required by this section must be at least eight and one-half (8.5) inches wide and eleven (11) inches high.

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

[Pre-1996 Recodification Citation: 13-7-23.2-10.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-25-4-7 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-7
Rules
Status: in_force

Sec. 7. The board may adopt rules establishing criteria for determining the commissioner's priorities in selecting hazardous substance response sites.

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

As added by P.L.1-1996, SEC.15. Amended by P.L.133-2012, SEC.154; P.L.135-2026, SEC.260.
Ind. Code § 13-22-2-5 — Indiana Code / Title 13 / Article 22 / Chapter 2 / Section 13-22-2-5
Hazardous waste facilities; rules
Status: in_force

Sec. 5. The rules adopted by the board concerning the construction and operation of hazardous waste facilities must require, without limitation, the following:

(1) Provision of contingency plans for effective containment and control of any emergency condition resulting from an unanticipated occurrence.

(2) Satisfactory proof of the financial capability of the operator and owner of the facility.

(3) Satisfactory submission of a plan for and financial assurance of closure and postclosure monitoring and maintenance of the facility.

(4) Access to adequate testing facilities onsite or offsite to verify the chemical and physical characteristics of the hazardous wastes stored, received, or transferred.

(5) Provision and maintenance of liability insurance by the owner or operator through self-insurance or from an insurer licensed or eligible to insure facilities in Indiana for accidental occurrences in accordance with rules of the board.

(6) Corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a hazardous waste facility for which a permit is sought under IC 13-22-3, regardless of the time at which waste was placed in the unit. The rules must provide that, if corrective action as required under this subdivision cannot be completed at the site of a facility before issuance of the permit, the permit must contain schedules of compliance for any required corrective action.

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

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-23-9-2 — Indiana Code / Title 13 / Article 23 / Chapter 9 / Section 13-23-9-2
ELTF claims must comply with rules; explanation of reasons for denial; state comptroller payment
Status: in_force

Sec. 2. (a) ELTF claims must be submitted in accordance with rules adopted by the financial assurance board under IC 13-23-11-7(a)(1)(B).

(b) If the administrator denies an ELTF claim, the administrator shall provide the claimant with a written explanation of all reasons for the denial of reimbursement.

(c) The administrator shall forward a copy of a claim approved under this section to the state comptroller not more than seven (7) days after approving the claim.

(d) Not more than thirty (30) days after receiving a copy of an approved ELTF claim under subsection (c), the state comptroller shall pay the ELTF claim to the claimant from the ELTF.

[Pre-1996 Recodification Citations: 13-7-20-37; 13-7-20-39(a).]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.22; P.L.14-2001, SEC.15; P.L.96-2016, SEC.34; P.L.9-2024, SEC.345.
Ind. Code § 13-21-7-12 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-12
Issuance of waste management district bonds under certain circumstances
Status: in_force

Sec. 12. (a) The district may not issue waste management district bonds under this chapter that are payable by special taxation or fees under IC 13-21-14 in a total amount, including outstanding bonds already issued, exceeding six percent (6%) of the adjusted value of taxable property in the district as determined under IC 36-1-15.

(b) All waste management district bonds issued in violation of this section or IC 13-9.5-9-3(k) (before its repeal) are void.

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

As added by P.L.1-1996, SEC.11. Amended by P.L.6-1997, SEC.157.
Ind. Code § 13-11-2-142.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-142.6
"Nonpublic school"
Status: in_force

Sec. 142.6. "Nonpublic school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-12.

As added by P.L.225-2001, SEC.9. Amended by P.L.1-2005, SEC.141.
Ind. Code § 13-20.5-7-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-2
Department calculation of estimated sales of video display devices
Status: in_force

Sec. 2. Before June 1, 2010, and before June 1 of each year thereafter, the department shall calculate estimated sales of video display devices sold to households by each manufacturer during the immediately preceding calendar year, based on national sales data.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-15-10-4 — Indiana Code / Title 13 / Article 15 / Chapter 10 / Section 13-15-10-4
Rules
Status: in_force

Sec. 4. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. The rules may include the following:

(1) Requirements for certification that consider any training that is required by state rule or federal regulation.

(2) Mandatory testing and retraining.

(3) Recognition of training programs that the board approves to serve as a training program that this chapter requires. A recognized training program may be offered by an employer or by any other provider.

(4) Recognition of an interim period for which existing facility operators must obtain certification.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.110; P.L.135-2026, SEC.128.
Ind. Code § 13-27-2-6 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-6
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9-2-6.]

As added by P.L.1-1996, SEC.17. Repealed by P.L.135-2026, SEC.285.
Ind. Code § 13-16-1-4 — Indiana Code / Title 13 / Article 16 / Chapter 1 / Section 13-16-1-4
Review and revision of fees; department duties
Status: in_force

Sec. 4. (a) The board shall periodically review the fees established under this title. The board may set or change a fee if the board determines, based upon the information provided under subsections (b) and (c) and the provisions of section 3 of this chapter, that a fee is necessary or that the amount of a fee is not appropriate.

(b) To assist the board in the periodic review of fees required by this section, the department shall:

(1) arrange for an independent study of the costs referred to in section 2(2)(A) through 2(2)(D) of this chapter;

(2) develop information on fees charged for equivalent activities in other states, as applicable, as provided in section 2(2)(E) of this chapter; and

(3) periodically develop information on activities, functions, and permits that have been added or eliminated since the previous fee structure was adopted.

(c) The department shall:

(1) present the information described in subsection (b) to the board for consideration; and

(2) if so directed by the board, initiate a rulemaking under IC 13-14-9 to address fees.

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

As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.116; P.L.250-2019, SEC.17.
Ind. Code § 13-20-22-18 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-18
Election and exclusivity of remedies
Status: in_force

Sec. 18. The remedies provided by this chapter are cumulative. Action taken by the state may not be construed as an election to pursue a remedy to the exclusion of other remedies.

[Pre-1996 Recodification Citation: 13-9.5-5-10.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-22-2-2 — Indiana Code / Title 13 / Article 22 / Chapter 2 / Section 13-22-2-2
Rules to implement chapter
Status: in_force

Sec. 2. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter through IC 13-22-8, IC 13-22-11.5, and IC 13-22-13 through IC 13-22-14.

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

As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.16; P.L.128-1997, SEC.4; P.L.133-2012, SEC.149.
Ind. Code § 13-18-20-4 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-4
Stone quarry permits
Status: in_force

Sec. 4. For stone quarry permits, the annual fee is as follows:

Outfalls

Fee

1 Outfall

$750

2 Outfalls

$1,500

3 Outfalls

$2,000

4 Outfalls

$2,500

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-28-4-9 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-9
Applicability of privilege
Status: in_force

Sec. 9. (a) The privilege described in section 1 of this chapter does not apply to the following:

(1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under:

(A) this title;

(B) a rule or standard adopted under this title;

(C) a determination, a permit, or an order made or issued by the commissioner under this title; or

(D) any other federal, state, or local law, permit, or order.

(2) Information obtained by observation, sampling, or monitoring by any regulatory agency.

(3) Information obtained from a source independent of the environmental audit.

(b) This section does not allow the regulatory agency to adopt a rule or a permit condition for the purpose of circumventing the privilege established in this chapter by requiring disclosure of a report of a voluntarily conducted audit.

[Pre-1996 Recodification Citation: 13-10-3-11.]

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-13-8-14 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-14
Advisory committees
Status: in_force

Sec. 14. The board may establish advisory committees for the purpose of giving advice on any matters pertaining to the business of the board. Board members may also be members of an advisory committee. A member appointed to an advisory committee, who is not a member of the board, shall serve at the pleasure of the board and is not entitled to a salary, per diem, or reimbursement of expenses.

As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.73.
Ind. Code § 13-22-3-10 — Indiana Code / Title 13 / Article 22 / Chapter 3 / Section 13-22-3-10
Destruction or treatment of certain chemical munitions; monitoring; plan; inspection and oversight protocol
Status: in_force

Sec. 10. (a) In addition to any other requirements, a hazardous waste facility that generates or treats a hazardous waste classified as I001 must demonstrate all of the following:

(1) That the destruction or treatment technology to be used at the proposed hazardous waste facility:

(A) will destroy or treat ninety-nine and nine thousand nine hundred ninety-nine ten thousandths percent (99.9999%) of the chemical munition processed; or

(B) will ensure that the waste has been treated in such a way that designated chemical munition constituents are treated to a specific level as approved by the commissioner.

(2) That monitoring data from the hazardous waste facility demonstrates that there are no emissions from the 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; and

(B) evacuate persons in the geographic area at risk from the worst possible release of:

(i) the chemical munition; or

(ii) a substance related to the destruction or treatment of the chemical munition;

from the proposed hazardous waste facility;

has been funded and developed.

(b) The department shall implement an inspection and oversight protocol for each hazardous waste facility described in subsection (a) to ensure that the requirements of this title are met.

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

As added by P.L.1-1996, SEC.12. Amended by P.L.172-2005, SEC.1.
Ind. Code § 13-11-2-104.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-104.8
"In lieu fee"
Status: in_force

Sec. 104.8. "In lieu fee", for purposes of 13-18-22-6, means a fee that:

(1) is paid pursuant to:

(A) the department of natural resources stream and wetland mitigation program; or

(B) another in lieu fee mitigation program;

(2) is paid to:

(A) the state government; or

(B) the Indiana natural resources foundation created by IC 14-12-1-4; and

(3) is applied toward the cost of:

(A) restoring, establishing, enhancing, or preserving aquatic resources in compensation for the alteration of other aquatic resources; and

(B) monitoring and providing long term management of the site where aquatic resources are restored, established, enhanced, or preserved with money provided by the fee.

As added by P.L.160-2021, SEC.5.
Ind. Code § 13-14-3-2 — Indiana Code / Title 13 / Article 14 / Chapter 3 / Section 13-14-3-2
Local governmental units; minimum standards
Status: in_force

Sec. 2. Each facility or standard of a local governmental unit must meet the minimum state requirements or standards established by the appropriate board.

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

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-11-2-145 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-145
"Open burning"
Status: in_force

Sec. 145. "Open burning", for purposes of environmental management laws, means the combustion of any matter in the open or in an open dump.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-15.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-30-4-1 — Indiana Code / Title 13 / Article 30 / Chapter 4 / Section 13-30-4-1
Violations
Status: in_force

Sec. 1. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who violates:

(1) any provision of:

(A) environmental management laws;

(B) air pollution control laws;

(C) water pollution control laws;

(D) IC 13-18-14-1;

(E) a rule or standard adopted by the board; or

(F) a rule or standard adopted by the petroleum storage tank financial assurance board established by IC 13-23-11-1; or

(2) any determination, permit, or order made or issued by the commissioner under:

(A) environmental management laws or IC 13-7 (before its repeal);

(B) air pollution control laws or IC 13-1-1 (before its repeal); or

(C) water pollution control laws or IC 13-1-3 (before its repeal);

is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of any violation.

(b) The department may:

(1) recover the civil penalty described in subsection (a) in a civil action commenced in any court with jurisdiction; and

(2) request in the action that the person be enjoined from continuing the violation.

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

As added by P.L.1-1996, SEC.20. Amended by P.L.133-2012, SEC.160; P.L.176-2023, SEC.68.
Ind. Code § 13-20-10-8 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-8
Expiration and renewal of registrations
Status: in_force

Sec. 8. (a) The department shall approve an application for registration of a composting facility under this chapter or renewal of a registration if the applicant meets the requirements of this chapter and rules adopted by the board.

(b) The department may deny an application for the registration of a composting facility or renewal of a registration if the application does not meet the requirements of this chapter or rules adopted by the board.

(c) A registration under this chapter:

(1) expires five (5) years after the date the composting facility is registered; and

(2) may be renewed by the person who registered the composting facility if the person applies to the department.

(d) A registration under this chapter may be revoked if the registrant operates the composting facility in violation of:

(1) this chapter or any other environmental management law; or

(2) rules adopted by the board.

[Pre-1996 Recodification Citation: 13-7-35-8.]

As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.14.
Ind. Code § 13-18-15-3 — Indiana Code / Title 13 / Article 18 / Chapter 15 / Section 13-18-15-3
Failure of negotiations; determination and order
Status: in_force

Sec. 3. (a) If the negotiations fail:

(1) any person involved; or

(2) the department;

may apply to the Indiana utility regulatory commission for a determination of any question upon which an agreement was not reached.

(b) Upon application to the commission, the commission shall, in accordance with the commission's procedures:

(1) determine:

(A) the reasonable and just charges; and

(B) the compensation to be made for the connection and service; and

(2) enter an order designating:

(A) each person who shall perform the work of establishing the connection; and

(B) the other conditions that are necessary to effect the connection.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-23-7-8 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-8
Repealed
Status: repealed

As added by P.L.9-1996, SEC.26. Repealed by P.L.96-2016, SEC.19.
Ind. Code § 13-18-19-1 — Indiana Code / Title 13 / Article 18 / Chapter 19 / Section 13-18-19-1
Application
Status: in_force

Sec. 1. When the department receives an application for an original National Pollutant Discharge Elimination System (NPDES) permit required for discharge into a stream, the department shall do the following:

(1) Send a list in writing, on a monthly basis, of original applications received during the month to the county surveyor of the affected county, not later than thirty (30) days after receipt of the application.

(2) Advise the applicant in writing that if the stream is a regulated drain under IC 36-9-27, the county drainage board must also review the application for approval under IC 36-9-27.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-28-4-5 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-10-3-7.]

As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.
Ind. Code § 13-15-6-4 — Indiana Code / Title 13 / Article 15 / Chapter 6 / Section 13-15-6-4
Final agency action
Status: in_force

Sec. 4. (a) This section applies to an application for a permit or for the renewal of a permit under the operating permit program under 42 U.S.C. 7661 through 7661f.

(b) Failure of the commissioner to act on an application in accordance with the times provided in Section 503 of the federal Clean Air Act Amendments of 1990 (42 U.S.C. 7661b) or Title IV of the federal Clean Air Act Amendments of 1990 (42 U.S.C. 7651 to 7651o) shall be treated as a final agency action solely for the purposes of obtaining judicial review in state court of an action brought by:

(1) any person that participated in the public comment process; or

(2) any person entitled to judicial review of the final agency action under IC 4-21.5-5;

to require that an action be taken by the commissioner on the permit application without additional delay.

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

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-11-2-207 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-207
"Solid waste hauler"
Status: in_force

Sec. 207. "Solid waste hauler" or "hauler", for purposes of IC 13-21, means a person who operates a vehicle in which solid waste is transported to:

(1) a transfer station for further transport to a final disposal facility; or

(2) a final disposal facility.

[Pre-1996 Recodification Citation: 13-9.5-1-27.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-14-2-7 — Indiana Code / Title 13 / Article 14 / Chapter 2 / Section 13-14-2-7
Orders to secure compliance; civil penalties
Status: in_force

Sec. 7. Except as provided in IC 13-14-6, the commissioner may issue orders to:

(1) secure compliance with:

(A) this title; or

(B) any applicable rule of a board; and

(2) assess civil penalties.

[Pre-1996 Recodification Citation: 13-7-5-8.]

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-26-5-3 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-3
Rules and resolutions of board; legislative and administrative acts
Status: in_force

Sec. 3. (a) The board may by rules and resolutions provide the following:

(1) The procedure for the board's actions.

(2) The manner of selection of the board's president, treasurer, and secretary and other officers or employees of the district, including the titles, terms of office, compensation, duties, number, and qualifications.

(3) Any other lawful subject necessary to the operation of the district and the exercise of the power granted.

(b) The board must adopt an ordinance by a majority vote to take action of a legislative nature. Proposed ordinances may be read by title only unless a trustee requests a reading in full.

(c) A majority of the board or the officers of the board or employees of the district that are authorized by the board may take action of an administrative or executive nature.

[Pre-1996 Recodification Citation: 13-3-2-11.]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-20-14-7 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-7
Removal and remedial actions
Status: in_force

Sec. 7. (a) The commissioner may proceed in court, by appropriate action, to:

(1) compel a person responsible for the improper disposal of waste tires to undertake a removal or remedial action with respect to the waste tires; or

(2) obtain an order to enter upon private or public property to carry out a removal or remedial action with respect to the waste tires if the commissioner cannot identify or locate another person responsible for carrying out the removal or remedial action who:

(A) is willing to carry out the removal or remedial action and is capable of doing so; or

(B) can be compelled to carry out the removal or remedial action under subdivision (1).

(b) The commissioner may issue an administrative order for the purpose set forth in subsection (a)(1).

[Pre-1996 Recodification Citations: 13-7-23-17 part; 13-7-23-20 part.]

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.19.
Ind. Code § 13-23-12-6 — Indiana Code / Title 13 / Article 23 / Chapter 12 / Section 13-23-12-6
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20-32(f).]

As added by P.L.1-1996, SEC.13. Repealed by P.L.220-2014, SEC.30.
Ind. Code § 13-20-4-9 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-9
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-31-13.3.]

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

Sec. 2. The department and boards may reduce or waive fees otherwise required by IC 5-14-3-8 for the copying of public records if the department or board having authority over the records determines that the fee reduction or waiver is in the public interest.

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

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-14-7-1 — Indiana Code / Title 13 / Article 14 / Chapter 7 / Section 13-14-7-1
Assignment of rulemaking authority to boards
Status: in_force

Sec. 1. The:

(1) governor may assign to the board the adoption of rules in any area not provided for by law as of September 1, 1985; or

(2) board may directly exercise that power until a specific agency for the exercise of the power is created.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.84.
Ind. Code § 13-26-14-2 — Indiana Code / Title 13 / Article 26 / Chapter 14 / Section 13-26-14-2
Recovery by district
Status: in_force

Sec. 2. (a) In all actions brought to foreclose the liens, the district is entitled to recover the following:

(1) The amount of the rates or charges.

(2) The penalty on the rates or charges.

(3) A reasonable attorney's fee.

(b) The court shall order that the sale be made without relief from valuation or appraisement statutes.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-15-1-3.2 — Indiana Code / Title 13 / Article 15 / Chapter 1 / Section 13-15-1-3.2
Scope of hazardous waste permit; contact between hazardous waste and solid waste
Status: in_force

Sec. 3.2. (a) A transfer station or any facility that holds a valid permit or authorization to haul, treat, store, dispose of, or ship hazardous waste may haul, transfer, consolidate, process, ship, or otherwise manage solid waste without also holding a permit to haul, transfer, process, or ship solid waste.

(b) A hazardous waste treatment, storage, or disposal facility that holds a valid permit to haul, treat, store, dispose of, or ship hazardous waste may haul, transfer, treat, store, dispose of, process, or ship solid waste without also holding a permit to haul, transfer, treat, store, dispose of, process, or ship solid waste.

(c) Solid waste that is managed:

(1) at a transfer station; or

(2) at any facility that holds a valid permit to haul, treat, store, dispose of, or ship hazardous waste;

shall not be stored, treated, or disposed of in direct contact with hazardous waste.

(d) If any portion of a quantity of solid waste that is managed:

(1) at a transfer station; or

(2) at any facility that holds a valid permit to haul, treat, store, dispose of, or ship hazardous waste;

comes into direct contact with a hazardous waste, the solid waste becomes subject to 40 CFR 261.3(a)(2)(iv) and shall then be managed as a hazardous waste.

(e) The board shall begin the rulemaking process to amend rules to conform to this section not later than December 1, 2027.

As added by P.L.120-2022, SEC.3. Amended by P.L.135-2026, SEC.110.
Ind. Code § 13-23-8-8 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-8
Limits on payments from the ELTF
Status: in_force

Sec. 8. (a) The administrator of the ELTF:

(1) shall not pay more than two million five hundred thousand dollars ($2,500,000) from the ELTF per eligible release; and

(2) shall not pay any eligible party more than ten million dollars ($10,000,000) from the ELTF per fiscal year.

(b) After an eligible party has submitted multiple ELTF claims for a total of at least ten million dollars ($10,000,000) in a fiscal year, the eligible party is ineligible to submit any other ELTF claim during that fiscal year.

(c) If the right to receive money from the fund under this chapter is assigned as described in section 4(b) of this chapter, payments made to one (1) or more assignees shall be considered payments to the assignor for purposes of the limits established in subsection (a).

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

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.15; P.L.14-2001, SEC.13; P.L.96-2016, SEC.30.
Ind. Code § 13-18-16-11 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-11
Local government programs and facilities
Status: in_force

Sec. 11. The department shall encourage and advise units of local government in developing programs and facilities for public water systems.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.20.
Ind. Code § 13-20-8-6 — Indiana Code / Title 13 / Article 20 / Chapter 8 / Section 13-20-8-6
Permit provisions
Status: in_force

Sec. 6. A permit issued under this chapter for the operation of an incinerator must include:

(1) a provision requiring the permit holder to notify the department and appropriate local government officials of:

(A) any release of a contaminant in a quantity exceeding a control level in a permit issued under IC 13-17;

(B) any violation of operating requirements established in the permit;

(C) any unscheduled shutdown of the incinerator or associated equipment; or

(D) any damage to the incinerator or associated equipment that could, if unrepaired, result in a release of a contaminant in a quantity exceeding a control level in a permit issued under IC 13-17; and

(2) a provision requiring that the notification be given not later than twenty-four (24) hours after the permit holder learns of the release, violation, shutdown, or damage.

[Pre-1996 Recodification Citation: 13-7-21-6.]

As added by P.L.1-1996, SEC.10. Amended by P.L.37-2012, SEC.30.
Ind. Code § 13-21-14-7 — Indiana Code / Title 13 / Article 21 / Chapter 14 / Section 13-21-14-7
Use of money
Status: in_force

Sec. 7. Fees imposed under this chapter may be used, together with any other revenues, to pay any of the following:

(1) The cost of facilities for solid waste management.

(2) The operation and maintenance of facilities.

(3) The charges that may be pledged to the payment of principal of and interest on waste management district or revenue bonds.

(4) The costs of implementing the district's district plan.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-22-8 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-8
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.5.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.14.
Ind. Code § 13-16-2-1 — Indiana Code / Title 13 / Article 16 / Chapter 2 / Section 13-16-2-1
Fee payment schedules
Status: in_force

Sec. 1. (a) The department shall establish fee payment schedules that allow a person that is required to pay an annual fee established under:

(1) this title; or

(2) rules adopted under this title;

to pay the fee in equal installments over a twelve (12) month period that begins on the date the fee is assessed.

(b) The department shall allow a person to pay an annual fee according to a fee payment schedule established under this section if the person determines that a single payment of the entire fee is an undue hardship on the person.

(c) A fee payment schedule established under this section may not require a person to pay more than one (1) installment in any three (3) month period during the twelve (12) month period.

(d) The department is not required to assess installments separately.

As added by P.L.2-1997, SEC.40.
Ind. Code § 13-20-20-13 — Indiana Code / Title 13 / Article 20 / Chapter 20 / Section 13-20-20-13
Rules
Status: in_force

Sec. 13. The board may adopt rules under this chapter in accordance with IC 4-22-2 and IC 13-14-9.

[Pre-1996 Recodification Citation: 13-7-33-18.]

As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.8.
Ind. Code § 13-18-2-1 — Indiana Code / Title 13 / Article 18 / Chapter 2 / Section 13-18-2-1
Powers; cooperation with federal agencies; federal funds; approval of projects; participation in proceedings; administration of permitting programs
Status: in_force

Sec. 1. (a) In carrying out the purposes of IC 13-13-5-1(1), the department may, in addition to any other action that is necessary or appropriate to carry out the purpose of IC 13-13-5-1(1), do the following:

(1) Cooperate with the United States Surgeon General and other agencies of the federal government, other states, interstate agencies, and other interested parties in all matters relating to water pollution, including the development of programs for eliminating or reducing pollution and improving the sanitary condition of waters.

(2) On behalf of Indiana, apply for and receive money made available to the department under the Federal Water Pollution Control Act by any agency of the federal government. However, all money received from any federal agency:

(A) shall be paid into the state treasury; and

(B) shall be expended, under the direction of the department, solely for the purpose for which the grant has been made.

(3) Approve projects for which application for loans or grants under the Federal Water Pollution Control Act is made by:

(A) any political subdivision or other public body created by or under Indiana law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes;

(B) a state agency; or

(C) an interstate agency.

(4) Participate through the department's authorized representatives in proceedings under the Federal Water Pollution Control Act.

(5) Give consent on behalf of Indiana to requests by the Administrator of the Federal Security Agency to the Attorney General of the United States for the bringing of suit for abatement of pollution.

(6) Consent to the joinder as a defendant in a suit for the abatement of pollution of a person who is alleged to be discharging matter contributing to the pollution.

(7) Except for a Class II well (as defined in IC 14-8-2-41) regulated under IC 14:

(A) develop a regulatory program for implementation of; and

(B) seek authority to implement;

the Underground Injection Control program under the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j).

(8) Subject to subsection (b), enter into an agreement with the United States Army Corps of Engineers and the United States Environmental Protection Agency to administer a permitting program under Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(b) Administration of a permitting program by the department under an agreement entered into under subsection (a)(8) does not affect the authority of the department of natural resources to regulate activities within the waterways of Indiana under IC 14-26, IC 14-28, or IC 14-29.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.22.
Ind. Code § 13-14-8-11 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-11
Appeals
Status: in_force

Sec. 11. (a) A person affected by a decision of the commissioner under sections 8 and 9 of this chapter may, within fifteen (15) days after receipt of notice of the decision, appeal the decision to the office of administrative law proceedings.

(b) The commissioner's decision to grant a variance does not take effect until available administrative remedies are exhausted.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.25-1997, SEC.4; P.L.128-2024, SEC.17; P.L.135-2026, SEC.99.
Ind. Code § 13-14-1-11.7 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-11.7
Availability of rules, policies, and statements; legislative request
Status: in_force

Sec. 11.7. (a) The department shall make available in an electronic format:

(1) any administrative rule that has been:

(A) proposed by the department; or

(B) adopted by the board; and

(2) any nonrule policy or statement that has been proposed or put into effect under section 11.5 of this chapter;

that constitutes a change in the policy previously followed by the department under this title and the rules adopted by the board.

(b) The information described in subsection (a) shall be made available to the legislative services agency or the legislative council upon request.

As added by P.L.218-2016, SEC.1. Amended by P.L.135-2026, SEC.79.
Ind. Code § 13-23-8-2 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-2
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.7. Repealed by P.L.96-2016, SEC.23.
Ind. Code § 13-11-2-259 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-259
"Water distribution system"
Status: in_force

Sec. 259. "Water distribution system", for purposes of IC 13-18-11 and environmental management laws, means that part of the public water system in which water is conveyed from the water treatment plant to the premises of the consumer.

[Pre-1996 Recodification Citations: 13-1-6-2(a) part, (h); 13-7-1-3 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.184-2002, SEC.4.
Ind. Code § 13-11-2-85.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-85.7
Repealed
Status: repealed

As added by P.L.140-2000, SEC.8. Repealed by P.L.1-2006, SEC.588.
Ind. Code § 13-28-4-10 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-10
Effect on other privileges
Status: in_force

Sec. 10. This chapter does not limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including the following:

(1) The work product doctrine.

(2) The attorney client privilege.

[Pre-1996 Recodification Citation: 13-10-3-12.]

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-22-4-5 — Indiana Code / Title 13 / Article 22 / Chapter 4 / Section 13-22-4-5
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.
Ind. Code § 13-30-10-2 — Indiana Code / Title 13 / Article 30 / Chapter 10 / Section 13-30-10-2
Repealed
Status: repealed

As added by P.L.137-2007, SEC.31. Repealed by P.L.114-2008, SEC.33.
Ind. Code § 13-11-2-192 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-192
"Responsible person"
Status: in_force

Sec. 192. (a) "Responsible person", for purposes of IC 13-24-1, means a person who has caused a release at a petroleum facility.

(b) "Responsible person", for purposes of IC 13-25-4, means a person that is:

(1) liable to:

(A) the United States government;

(B) the state; or

(C) any other person;

under Section 107 of CERCLA (42 U.S.C. 9607); or

(2) liable to the state under IC 13-25-4-8.

(c) "Responsible person", for purposes of IC 13-18-16-7.5, has the meaning set forth in IC 13-18-16-7.5(a).

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-20.1-6; subsection (b) formerly 13-7-8.7-1(j).]

As added by P.L.1-1996, SEC.1. Amended by P.L.112-2015, SEC.9.
Ind. Code § 13-21-5-19 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-19
Merged districts; adoption of plan
Status: in_force

Sec. 19. (a) Before a district submits a district plan to the department under this chapter, a district may merge with one (1) or more other districts after the adoption of identical resolutions by the board of each district to be merged.

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

[Pre-1996 Recodification Citation: 13-9.5-4-12.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-21-6-1 — Indiana Code / Title 13 / Article 21 / Chapter 6 / Section 13-21-6-1
Length, duration, and terms; amendments, extensions, and supplements; maximum term
Status: in_force

Sec. 1. (a) Notwithstanding any other statute concerning the length, duration, and terms of contracts and agreements, a board may enter into a contract or an agreement with a person, upon terms and conditions as agreed upon, for the:

(1) design;

(2) construction;

(3) operation;

(4) financing;

(5) ownership; or

(6) maintenance;

of a facility for solid waste management in accordance with the requirements and conditions of this chapter.

(b) Before or after the expiration or termination of the term or duration of a contract or an agreement entered into under this chapter or IC 13-9.5-8 (before its repeal), the board, in accordance with the requirements and conditions of this chapter, may periodically enter into amended, extended, supplemental, new, or further contracts or agreements with the same person or any other person for any purpose referred to in this chapter.

(c) A contract, including all amendments, extensions, and supplements, may not exceed a term of forty (40) years.

[Pre-1996 Recodification Citation: 13-9.5-8-1.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-22-10-22 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-22
Repealed
Status: repealed

As added by P.L.124-1996, SEC.28. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-23-7-7 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-7
Audit of ELTF; independent actuarial study
Status: in_force

Sec. 7. (a) The state board of accounts shall audit the ELTF.

(b) Once every five (5) years, the department shall arrange for an independent actuarial study examining the future obligations and fiscal sustainability of the ELTF.

As added by P.L.9-1996, SEC.25. Amended by P.L.181-2015, SEC.34; P.L.96-2016, SEC.18.
Ind. Code § 13-20-17.5-7 — Indiana Code / Title 13 / Article 20 / Chapter 17.5 / Section 13-20-17.5-7
Mercury collection programs
Status: in_force

Sec. 7. (a) Districts shall implement mercury collection programs for the public and small businesses.

(b) Units may implement mercury collection programs for the public and small businesses.

As added by P.L.225-2001, SEC.15.
Ind. Code § 13-27-8-3 — Indiana Code / Title 13 / Article 27 / Chapter 8 / Section 13-27-8-3
Program rulemaking by the boards
Status: in_force

Sec. 3. (a) The following boards may adopt rules to implement this chapter to the extent consistent with federal law:

(1) The board.

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

(b) The rules adopted under subsection (a) may establish the following:

(1) Eligibility requirements for participation in environmental performance based programs.

(2) Compliance methods and schedules that:

(A) differ from compliance methods and schedules that apply to nonparticipants in environmental performance based programs under rules adopted by the boards;

(B) apply only to participants in environmental performance based programs; and

(C) include any of the following:

(i) Changes to monitoring and reporting requirements and schedules.

(ii) Streamlined submission requirements for permit renewals.

(iii) Prioritized applications.

(iv) Authorization to make without prior governmental approval certain operational changes that do not result in additional environmental impact.

(3) Recognition incentives to encourage participation in environmental performance based programs.

(4) Other incentives consistent with the policies of this title and federal law to encourage participation in environmental performance based programs.

(5) Requirements for participants in environmental performance based programs to implement any of the following:

(A) Continuous improvement environmental systems.

(B) Pollution prevention and waste minimization programs developed under IC 13-27-7.

As added by P.L.100-2006, SEC.12. Amended by P.L.133-2012, SEC.155; P.L.176-2023, SEC.66.
Ind. Code § 13-11-2-3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-3
"Air contaminant"
Status: in_force

Sec. 3. "Air contaminant", for purposes of air pollution control laws, means:

(1) dust;

(2) fumes;

(3) gas;

(4) mist;

(5) smoke;

(6) vapor; or

(7) any combination of the items described in subdivisions (1) through (6).

[Pre-1996 Recodification Citation: 13-1-1-2(d), (h) part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-17.5-4 — Indiana Code / Title 13 / Article 20 / Chapter 17.5 / Section 13-20-17.5-4
Mercury in schools
Status: in_force

Sec. 4. After July 1, 2003, a public school or nonpublic school may not use or purchase for use in a primary or secondary classroom:

(1) a mercury commodity;

(2) mercury compounds; or

(3) mercury-added instructional equipment and materials;

except measuring devices and thermometers for which no adequate substitute exists for use in laboratories.

As added by P.L.225-2001, SEC.15.
Ind. Code § 13-22-10-12 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-12
Repealed
Status: repealed

As added by P.L.124-1996, SEC.18. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-30-9-8 — Indiana Code / Title 13 / Article 30 / Chapter 9 / Section 13-30-9-8
Limited construction
Status: in_force

Sec. 8. This chapter may not be construed to affect any litigation filed before February 28, 1998, under IC 13-23-13.

As added by P.L.59-1997, SEC.23.
Ind. Code § 13-20-20-1 — Indiana Code / Title 13 / Article 20 / Chapter 20 / Section 13-20-20-1
Grants; funding; joint efforts of units and districts
Status: in_force

Sec. 1. (a) The department shall provide financial assistance to units and districts through matching grants awarded under this chapter for projects involving the collection, recycling, or disposal of household hazardous waste and conditionally exempt small quantity generator waste.

(b) Grants awarded under this chapter shall be funded:

(1) from the hazardous substances response trust fund established by IC 13-25-4-1 if money is available under IC 13-25-4-4; and

(2) from the solid waste management fund established by IC 13-20-22-2.

(c) Units and districts may join in any combination for the purposes of the following:

(1) Implementing a project.

(2) Applying for a grant under this chapter.

[Pre-1996 Recodification Citation: 13-7-33-6.]

As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.3.
Ind. Code § 13-20-16-1 — Indiana Code / Title 13 / Article 20 / Chapter 16 / Section 13-20-16-1
Improper disposal notice; posting; violations
Status: in_force

Sec. 1. (a) In each retail establishment in which a retailer sells lead acid batteries, the retailer shall post in a conspicuous place a written notice that bears the following statements:

"Improper disposal of batteries is against the law."

"It is illegal to put used motor vehicle batteries or other vehicle or boat batteries in the trash."

"Recycle your used batteries."

"State law requires us to accept your used battery for recycling if you purchase a new battery from us.".

(b) A notice required by this section must be at least eight and one-half (8.5) inches by eleven (11) inches in size.

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

[Pre-1996 Recodification Citation: 13-1-15-6.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-102 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-102
"High level radioactive waste"
Status: in_force

Sec. 102. "High level radioactive waste", for purposes of IC 13-22-10, has the meaning set forth in Section 2 of the federal Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), as in effect on January 1, 1987.

[Pre-1996 Recodification Citation: 13-7-8.6-2(l).]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.5.
Ind. Code § 13-11-2-115.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-115.5
Repealed
Status: repealed

As added by P.L.97-2004, SEC.59. Repealed by P.L.113-2014, SEC.50.
Ind. Code § 13-11-2-56 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-56
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22.5-1.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.45.
Ind. Code § 13-20-24-1 — Indiana Code / Title 13 / Article 20 / Chapter 24 / Section 13-20-24-1
County without zoning may enter into host agreement
Status: in_force

Sec. 1. With respect to a landfill or landfill expansion located or proposed to be located in the unincorporated area of a county that does not zone under IC 36-7-4, the county and another person may enter into a host agreement under this chapter.

As added by P.L.131-2006, SEC.11.
Ind. Code § 13-18-26-2 — Indiana Code / Title 13 / Article 18 / Chapter 26 / Section 13-18-26-2
Certification that documents have been prepared
Status: in_force

Sec. 2. A permit described in section 1(a) or 1(b) of this chapter may not be issued unless the applicant submits, along with the permit application, a certification that all of the following documents have been prepared and are complete under the requirements of this chapter:

(1) A life cycle cost-benefit analysis, as described in section 3 of this chapter.

(2) A capital asset management plan, as described in section 4 of this chapter.

(3) A cybersecurity plan, as described in section 5 of this chapter.

As added by P.L.126-2018, SEC.6. Amended by P.L.15-2019, SEC.13.
Ind. Code § 13-21-5-8 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-8
Approval or disapproval of plan
Status: in_force

Sec. 8. (a) Based upon the contents of the state plan and on rules adopted by the board, the commissioner shall approve or disapprove each district plan submitted for review under this chapter within one hundred twenty (120) days after the plan is submitted to the commissioner.

(b) If the commissioner fails to act within one hundred twenty (120) days after a district plan is submitted, the district plan is considered approved.

[Pre-1996 Recodification Citation: 13-9.5-4-3(a), (b).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-42 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-42
"Contaminant"
Status: in_force

Sec. 42. "Contaminant", for purposes of environmental management laws, means any solid, semi-solid, liquid, or gaseous matter, or any odor, radioactive material, pollutant (as defined by the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in effect on January 1, 1989), hazardous waste (as defined in the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on January 1, 1989), any constituent of a hazardous waste, or any combination of the items described in this section, from whatever source, that:

(1) is injurious to human health, plant or animal life, or property;

(2) interferes unreasonably with the enjoyment of life or property; or

(3) otherwise violates:

(A) environmental management laws; or

(B) rules adopted under environmental management laws.

The term includes chemicals used in the illegal manufacture of a controlled substance (as defined in IC 35-48-1.1-7) or an immediate precursor (as defined in IC 35-48-1.1-25) of a controlled substance, and waste produced from the illegal manufacture of a controlled substance or an immediate precursor of the controlled substance.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-7.]

As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.44; P.L.192-2005, SEC.5; P.L.186-2025, SEC.99.
Ind. Code § 13-23-1-2 — Indiana Code / Title 13 / Article 23 / Chapter 1 / Section 13-23-1-2
Rules
Status: in_force

Sec. 2. (a) Any rules adopted by the board establishing and operating the program established under section 1 of this chapter must not be less stringent than the regulations adopted by the Administrator of the United States Environmental Protection Agency under Section 9003 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991b, as amended).

(b) The rules adopted under section 1 of this chapter must include the following:

(1) Requirements for maintaining:

(A) a leak detection system;

(B) an inventory control system coupled with tank testing; or

(C) a comparable system or method;

designed to identify releases in a manner consistent with the protection of human health and the environment.

(2) Requirements for maintaining records of any:

(A) monitoring;

(B) leak detection system;

(C) inventory control system or tank testing; or

(D) comparable system.

(3) Requirements for reporting of:

(A) any releases; and

(B) corrective action taken in response to a release.

(4) Requirements for ordering or taking corrective action in response to a release.

(5) Requirements for closure of underground storage tanks to prevent future releases of regulated substances into the environment.

(6) Requirements for maintaining evidence of financial responsibility for:

(A) taking corrective action; and

(B) compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of an underground storage tank.

(7) Standards of performance for new underground storage tanks.

(8) Requirements for the following:

(A) Providing notice to the department of the existence of operational and nonoperational underground storage tanks, as required under 42 U.S.C. 6991a(a).

(B) Providing the information required on the form prescribed under 42 U.S.C. 6991a(b)(2).

(C) Providing notice, by any person who sells a tank intended to be used as an underground storage tank, to the purchaser of that tank of the owner's notification requirements established by this article and 42 U.S.C. 6991a(a).

(9) Requirements for the delivery prohibition program prescribed under 42 U.S.C. 6991k, including:

(A) notice to owners or operators when an underground storage tank is declared ineligible for delivery, deposit, or acceptance of a regulated substance; and

(B) procedures to enforce the delivery prohibition that include the use of a temporary emergency order under IC 4-21.5-4 for violations of section 4(a) of this chapter.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.2; P.L.135-2026, SEC.235.
Ind. Code § 13-11-2-53 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-53
"Developer"
Status: in_force

Sec. 53. "Developer", for purposes of IC 13-21, means a person that:

(1) proposes to enter into or has entered into a financing agreement with the district for financing a facility; and

(2) proposes to enter into or has entered into a separate agreement with some other person for the use and operation of the financed facility.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-9.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-17-7 — Indiana Code / Title 13 / Article 18 / Chapter 17 / Section 13-18-17-7
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-26-8.]

As added by P.L.1-1996, SEC.8. Repealed by P.L.135-2026, SEC.174.
Ind. Code § 13-18-20-11.5 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-11.5
Concentrated animal feeding operations
Status: in_force

Sec. 11.5. (a) In addition to the fee under section 12 of this chapter, when a person files an application with the department concerning:

(1) an initial NPDES permit for a CAFO; or

(2) the renewal of an individual NPDES permit for a CAFO;

the person must remit a permit fee of two hundred fifty dollars ($250) to the department.

(b) If a person is subject to a fee for a CAFO under this section, no other fee under this chapter applies to the CAFO other than the fee under section 12 of this chapter.

As added by P.L.24-2004, SEC.4. Amended by P.L.250-2019, SEC.27.
Ind. Code § 13-17-3-4.5 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-4.5
Repealed
Status: repealed

As added by P.L.16-2009, SEC.20. Repealed by P.L.159-2011, SEC.49.
Ind. Code § 13-14-12-4 — Indiana Code / Title 13 / Article 14 / Chapter 12 / Section 13-14-12-4
State comptroller's report
Status: in_force

Sec. 4. (a) Upon request by:

(1) the commissioner;

(2) the standing committees of the house of representatives or the senate concerned with the environment; or

(3) the board;

the state comptroller shall issue a report on the fund not later than ten (10) business days after receiving the request.

(b) The report must:

(1) include the beginning and ending balance, disbursements, and receipts, including accrued interest or other investment earnings of the fund;

(2) comply with accounting standards under IC 4-13-2-7(a)(1); and

(3) be available to the public.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.94; P.L.9-2024, SEC.341; P.L.135-2026, SEC.106.
Ind. Code § 13-11-2-128 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-128
"Material safety data sheet"
Status: in_force

Sec. 128. "Material safety data sheet", for purposes of IC 13-20-17.5 and IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049.

[Pre-1996 Recodification Citation: 13-7-37-6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.4.
Ind. Code § 13-25-4-20 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-20
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-8.7-10.9(c).]

As added by P.L.1-1996, SEC.15. Amended by P.L.128-2024, SEC.30. Repealed by P.L.135-2026, SEC.270.
Ind. Code § 13-26-8-2 — Indiana Code / Title 13 / Article 26 / Chapter 8 / Section 13-26-8-2
Approval of application
Status: in_force

Sec. 2. If an application is approved by a majority of the board, the territory described in the application becomes part of the district. The district shall then notify the department of the inclusion of the additional territory in the district.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-12-1-4 — Indiana Code / Title 13 / Article 12 / Chapter 1 / Section 13-12-1-4
Construction of statutes
Status: in_force

Sec. 4. The recodification act of the 1996 regular session of the general assembly shall be construed as a recodification of prior environmental law. Except as provided in section 1(1) and 1(2) of this chapter, if the literal meaning of the recodification act of the 1996 regular session of the general assembly would result in a substantive change in the prior environmental law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 1996 regular session of the general assembly; and

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 1996 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 1996 regular session of the general assembly to the extent that the recodification act of the 1996 regular session of the general assembly is not substantively identical to the prior environmental law.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-13-7.1-4 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-4
Vacancies
Status: repealed

Sec. 4. If a vacancy occurs on the panel, the appointing authority for the vacating member shall appoint an individual to fill the unexpired term of the vacating member. A member appointed to fill a vacancy must meet the same qualifications specified under section 2 of this chapter for the vacating member.

As added by P.L.53-2014, SEC.119.
Ind. Code § 13-18-3-1.5 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-1.5
Adopting of rules concerning the reclamation and reuse of treated wastewater
Status: in_force

Sec. 1.5. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 establishing standards for the reclamation and reuse of treated wastewater.

(b) The rules adopted under subsection (a):

(1) must protect state waters and public health;

(2) may concern multiple categories of reuse; and

(3) may create a permitting process.

As added by P.L.139-2025, SEC.2.
Ind. Code § 13-28-5-1 — Indiana Code / Title 13 / Article 28 / Chapter 5 / Section 13-28-5-1
Establishment
Status: in_force

Sec. 1. The department shall establish a small business stationary source technical assistance program as required under Section 507 of the federal Clean Air Act (42 U.S.C. 7661f).

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

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-21-3-14 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-14
Powers of district; exclusions
Status: in_force

Sec. 14. (a) This section does not apply to a contract executed before April 1, 1998.

(b) Except as provided in subsection (d) and section 14.5 of this chapter, the powers of a district do not include the following:

(1) The power of eminent domain.

(2) Except as provided in subsection (c), the power to exclusively control the collection or disposal of any solid waste or recyclables within the district by means that include the following:

(A) Franchising.

(B) Establishing a territory or territories within the district in which a person may provide service.

(3) The power to establish the type of service that a person must provide for the collection or disposal of solid waste or recyclables within the district.

(4) The power to establish fees that a person must charge for the collection or disposal of solid waste or recyclables within the district.

(5) The power to issue permits for an activity that is already permitted by a state agency, except as expressly granted by statute.

(6) Except as provided in subsection (e), the power to:

(A) register;

(B) issue a permit for; or

(C) license;

a vehicle as a condition of allowing a solid waste hauler to render services within the district.

(c) If one (1) or more of the governmental entities in a district, at the time of the formation of the district, is a party to a contract providing that the persons contracted with have the exclusive right to collect or dispose of solid waste within the jurisdiction of the governmental entity, the district may enter into an extension of that contract.

(d) Subsection (b) does not apply to activities conducted as part of a household hazardous waste collection and disposal project.

(e) A district that was:

(1) registering, issuing a permit for, or licensing vehicles as a condition of allowing a solid waste hauler to render services within the district on January 1, 2013:

(A) may continue to register, issue a permit for, or license the vehicles until January 1, 2015; and

(B) may not register, issue a permit for, or license the vehicles after December 31, 2014; and

(2) levying a charge or fee on January 1, 2013, for registering, issuing a permit for, or licensing vehicles as a condition of allowing a solid waste hauler to render services within the district:

(A) may continue to levy the charge or fee until January 1, 2015; and

(B) may not levy the charge or fee after December 31, 2014.

[Pre-1996 Recodification Citation: 13-9.5-2-11(b), (c).]

As added by P.L.1-1996, SEC.11. Amended by P.L.125-1996, SEC.6; P.L.110-1998, SEC.2; P.L.231-2003, SEC.3; P.L.220-2011, SEC.284; P.L.116-2013, SEC.1.
Ind. Code § 13-26-11-11 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-11
Public hearing
Status: in_force

Sec. 11. The initial rates or charges may be established only after a public hearing at which all:

(1) the users of the works and owners of property served or to be served; and

(2) others interested;

have an opportunity to be heard concerning the proposed rates or charges.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-11-2-126 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-126
"Manufacturer"
Status: in_force

Sec. 126. (a) "Manufacturer", for purposes of IC 13-20-16, means a person who is engaged in the business of making lead acid batteries:

(1) in Indiana; or

(2) for sale in Indiana.

(b) "Manufacturer", for purposes of sections 179.9, 180.1, 195.7, and 245.4 of this chapter and IC 13-20.5, means a person that:

(1) manufactures video display devices to be sold under the person's own brand or a brand the person licenses as identified by the person's own brand label or the brand label the person licenses;

(2) sells video display devices manufactured by others under the person's own brand or a brand the person licenses as identified by the person's own brand label or the brand label the person licenses; or

(3) assumes the responsibilities and obligations of a manufacturer under IC 13-20.5.

[Pre-1996 Recodification Citation: 13-1-15-2.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.6; P.L.225-2001, SEC.3; P.L.178-2009, SEC.13; P.L.37-2012, SEC.6.
Ind. Code § 13-27-2-5.1 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-5.1
Powers of department
Status: in_force

Sec. 5.1. The department may do the following:

(1) Periodically review state environmental programs and projects for their ability and progress in promoting multimedia industrial pollution prevention.

(2) Remove obstacles to pollution prevention.

(3) Develop and implement pollution prevention and environmental recognition programs to incentivize:

(A) communities;

(B) salvage facilities;

(C) marinas;

(D) companies; and

(E) other entities;

that exceed environmental regulatory requirements.

(4) Assist businesses that seek:

(A) information;

(B) guidance;

(C) planning assistance; or

(D) recommendations;

for pollution prevention by providing technical information to those businesses.

(5) Work with existing environmental regulatory programs to make use of existing information gathering systems that may assist the department in assessing the progress of pollution prevention.

(6) Provide source reduction and recycling technical assistance and administer the Indiana recycling grants program established under IC 13-20-22-2.

As added by P.L.135-2026, SEC.284.
Ind. Code § 13-21-7-2 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-2
Waste management district bonds; bidding requirements for facility
Status: in_force

Sec. 2. The board may issue waste management district bonds under this chapter for the payment of the cost of the facility. Before authorizing the waste management district bonds, the board may:

(1) accept public bids for the facility; or

(2) adopt a resolution approving a request for proposals under IC 13-21-6.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-23-2-4 — Indiana Code / Title 13 / Article 23 / Chapter 2 / Section 13-23-2-4
Agreement authorizing local government unit to perform activities
Status: in_force

Sec. 4. The commissioner may enter into an agreement with a unit of local government under which the commissioner authorizes the unit of local government to perform activities designed to achieve compliance with this article.

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

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-18-11-9 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-9
Issuance of certificates to operators from other states and territories; reciprocity
Status: in_force

Sec. 9. The commissioner may, upon receipt of an application and payment of the fee, issue a certificate without examination in a comparable classification to any person who holds a certificate in any state or territory of the United States if:

(1) the requirements for certification of operators under which the person's certificate was issued:

(A) do not conflict with this chapter; and

(B) are of a standard not lower than that specified by this chapter and the rules adopted under this chapter; and

(2) the state or territory in which the person holds a certificate grants reciprocal privileges to certified operators of Indiana.

[Pre-1996 Recodification Citation: 13-1-6-4.]

As added by P.L.1-1996, SEC.8. Amended by P.L.181-2018, SEC.9.
Ind. Code § 13-27-8-2 — Indiana Code / Title 13 / Article 27 / Chapter 8 / Section 13-27-8-2
Participation in program not required
Status: in_force

Sec. 2. A person may not be required to participate in a program developed and implemented under section 1 of this chapter.

As added by P.L.100-2006, SEC.12.
Ind. Code § 13-15-4-11 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-11
Applicant's alternatives when operating pending permit application or pending commissioner's ruling on application
Status: in_force

Sec. 11. (a) If an applicant is operating pursuant to a continuation of an existing permit pending determination of an application for a new or renewed permit under IC 13-15-3-6, the applicant may proceed under this section after notifying the commissioner in writing of its intent to do so.

(b) If the commissioner does not issue or deny a permit within the time specified under sections 1 through 6 of this chapter, the applicant may proceed under this section. After reaching an agreement with the commissioner or after consulting with the commissioner for thirty (30) days and failing to reach an agreement, the applicant may choose to proceed under either of the following alternatives:

(1) The:

(A) applicant may, except as provided in section 12.1 of this chapter, request and receive a refund of a permit application fee paid by the applicant; and

(B) commissioner shall do the following:

(i) Continue to review the application.

(ii) Approve or deny the application as soon as practicable.

(iii) Except as provided in section 12.1 of this chapter, refund the applicant's application fee not later than twenty-five (25) business days after the receipt of the applicant's request.

(2) The:

(A) applicant may hire an outside consultant to prepare a draft permit and any required supporting technical justification for the permit; and

(B) commissioner shall:

(i) review the draft permit; and

(ii) approve, with or without revision, or deny the draft permit in accordance with section 16 of this chapter.

[Pre-1996 Recodification Citation: 13-7-10.1-8(a).]

As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.6; P.L.240-2003, SEC.10; P.L.135-2026, SEC.121.
Ind. Code § 13-18-22-12 — Indiana Code / Title 13 / Article 18 / Chapter 22 / Section 13-18-22-12
Maintenance of a field tile in Class III wetland; application
Status: in_force

Sec. 12. (a) A person seeking to engage in maintenance of a field tile within a Class III wetland under section 4(a)(2) of this chapter may apply to the department for a site-specific approval for the activity in accordance with this section.

(b) An applicant for a site-specific approval under this section must provide information to the department on the need to perform the activity described in subsection (a), including the following:

(1) Information showing the location and area needed to be disturbed within the Class III wetland.

(2) Lack of reasonable alternatives to the disturbance of the area referred to in subdivision (1).

As added by P.L.160-2021, SEC.13. Amended by P.L.1-2024, SEC.12.
Ind. Code § 13-20.5-2-2 — Indiana Code / Title 13 / Article 20.5 / Chapter 2 / Section 13-20.5-2-2
Petition for relief from variable recycling fee
Status: in_force

Sec. 2. Not later than sixty (60) days after the date of the statement provided to a manufacturer under section 1(c) of this chapter, the manufacturer may petition the Indiana recycling market development board created by IC 4-23-5.5-2 for relief from the variable recycling fee imposed under section 1 of this chapter upon showing of good cause. In determining whether to grant a petition for relief under this section, the Indiana recycling market development board shall determine whether the manufacturer has made good faith progress to achieve substantial compliance with this article. A determination by the Indiana recycling market development board under this subsection is not subject to appeal by the manufacturer.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-142.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-142.7
"Nontransient noncommunity water system"
Status: in_force

Sec. 142.7. "Nontransient noncommunity water system", for purposes of IC 13-18-17 and IC 13-18-20.5, means a public water system that is not a community water system that regularly serves the same twenty-five (25) or more persons at least six (6) months per year.

As added by P.L.224-2003, SEC.129. Amended by P.L.61-2007, SEC.2.
Ind. Code § 13-20-16-7 — Indiana Code / Title 13 / Article 20 / Chapter 16 / Section 13-20-16-7
Offense
Status: in_force

Sec. 7. A person who knowingly causes or allows:

(1) the placing of a lead acid battery into a container intended for collection and disposal at a facility that is not authorized under IC 13-22 or federal law for operation as a hazardous waste facility; or

(2) the disposal of a lead acid battery in a facility that is not authorized under IC 13-22 or federal law for operation as a hazardous waste facility;

commits a Class C infraction.

[Pre-1996 Recodification Citation: 13-1-15-12.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-19-4-8 — Indiana Code / Title 13 / Article 19 / Chapter 4 / Section 13-19-4-8
Change of ownership; procedure; exemption; revocation by commissioner
Status: in_force

Sec. 8. (a) This section does not apply to the transfer of ownership of a facility from a permittee whose business derives less than fifty percent (50%) of its gross revenue from the management of solid waste to a prospective owner whose business derives less than fifty percent (50%) of its gross revenue from the management of solid waste.

(b) If there is a prospective change of the entire ownership interest in a facility for which a permit described in IC 13-15-1-3 is required, the prospective owner, at least one hundred eighty (180) days before the proposed change in ownership, shall submit to the commissioner a disclosure statement that:

(1) includes the information required by section 3(a) of this chapter; and

(2) was executed under section 3(b) of this chapter.

(c) The commissioner:

(1) shall review the disclosure statement submitted under subsection (b); and

(2) may investigate and verify the information set forth in the disclosure statement.

(d) If the commissioner determines that:

(1) the information disclosed by the disclosure statement submitted under subsection (b); and

(2) any investigation by the commissioner;

would require the commissioner to deny the prospective owner's permit application if the prospective owner were applying for a permit under section 2 of this chapter, the commissioner shall disapprove the transfer of ownership of the facility to the prospective owner.

(e) If:

(1) subsection (b) does not apply; and

(2) there is a change of at least fifty percent (50%) ownership control of an entity that holds a permit described in IC 13-15-1-3, including an entity referred to in section 1 of this chapter (other than an entity referred to in subsection (a));

the entity must, not later than thirty (30) days after the change of ownership control is completed, submit to the department the disclosure statement referred to in subsection (b).

(f) The commissioner:

(1) shall review the disclosure statement submitted under subsection (e); and

(2) may investigate and verify the information set forth in the disclosure statement.

(g) If the commissioner determines:

(1) that:

(A) the information disclosed by the disclosure statement submitted under subsection (e); and

(B) any investigation by the commissioner;

would require the commissioner to deny an application for a permit described in IC 13-15-1-3 if the entity that submits the disclosure statement were applying for a permit under section 2 of this chapter; or

(2) that an entity failed to submit to the department a timely disclosure statement under subsection (e);

the commissioner shall revoke any permit described in IC 13-15-1-3 held by the entity.

[Pre-1996 Recodification Citation: 13-7-10.2-5.]

As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.9.
Ind. Code § 13-15-4-12 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-12
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10.1-8(b).]

As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002, SEC.30.
Ind. Code § 13-21-6-5 — Indiana Code / Title 13 / Article 21 / Chapter 6 / Section 13-21-6-5
Final form
Status: in_force

Sec. 5. (a) The board may do the following:

(1) Prescribe the form and content of proposals.

(2) In the request for proposals, set the maximum allowable cost limits that the board determines to be appropriate.

(b) The proposer must submit sufficiently detailed information to permit a fair and equitable evaluation by the board of the proposal.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-14-13-2 — Indiana Code / Title 13 / Article 14 / Chapter 13 / Section 13-14-13-2
Department may require electronic submissions; exception; acceptable submissions
Status: in_force

Sec. 2. (a) If a person is required to submit information or a document to the department, the department may require the person to submit the information or document electronically. However, the department may not require a person to submit information or a document to the department electronically if the person demonstrates to the department that being required to submit the information or document electronically will constitute an undue hardship or burden for the person.

(b) The department may accept an electronic submission of information only if the submission meets the following:

(1) Requirements of cross-media electronic reporting under 40 CFR 3.

(2) Procedures established by the department to accept electronic information.

As added by P.L.114-2008, SEC.8. Amended by P.L.159-2011, SEC.17; P.L.147-2015, SEC.4.
Ind. Code § 13-11-2-153 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-153
"Party"
Status: in_force

Sec. 153. "Party", for purposes of IC 13-25-4-23, means a person that:

(1) is potentially a responsible person; and

(2) enters into an agreement with the commissioner under IC 13-25-4-23 or IC 13-7-8.7-11 (before its repeal).

[Pre-1996 Recodification Citation: 13-7-8.7-11(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-29 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-29
"Clean Water Act"
Status: in_force

Sec. 29. "Clean Water Act", for purposes of this chapter, IC 13-18-22, and IC 13-18-23, refers to:

(1) 33 U.S.C. 1251 et seq.; and

(2) as applicable, regulations adopted under 33 U.S.C. 1251 et seq.

[Pre-1996 Recodification Citation: 4-23-21-1.4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.282-2003, SEC.22; P.L.233-2017, SEC.13; P.L.189-2018, SEC.107; P.L.135-2026, SEC.14.
Ind. Code § 13-22-2-7 — Indiana Code / Title 13 / Article 22 / Chapter 2 / Section 13-22-2-7
Rules setting standards for corrective action for release of hazardous waste
Status: in_force

Sec. 7. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 setting standards for corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a hazardous waste facility. The standards must require that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment, unless the owner or operator of the facility concerned demonstrates to the satisfaction of the commissioner that, despite the best efforts of the owner or operator, the owner or operator is unable to obtain the necessary permission to undertake that action. The rules adopted under this section apply to the following:

(1) All facilities operating under permits issued under IC 13-22-3 or IC 13-7-8.5 (before its repeal).

(2) All landfills, surface impoundments, and waste piles, including any new units, replacements of existing units, and lateral expansions of existing units, that receive hazardous waste after July 26, 1982.

[Pre-1996 Recodification Citation: 13-7-8.5-5.1(e).]

As added by P.L.1-1996, SEC.12. Amended by P.L.133-2012, SEC.151.
Ind. Code § 13-11-2-11 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-11
"Asbestos containing material"
Status: in_force

Sec. 11. (a) "Asbestos containing material", for purposes of IC 13-17-6, means material that contains more than one percent (1%) asbestos by area and that:

(1) is friable; or

(2) has a reasonable probability of becoming friable in the course of ordinary or anticipated use of the building containing the material.

(b) The term does not include asbestos containing resilient floor covering materials, including:

(1) sheet vinyl flooring;

(2) resilient tile; and

(3) associated adhesives;

unless the materials are sanded, beadblasted, or mechanically pulverized so that visible asbestos emissions are discharged.

[Pre-1996 Recodification Citation: 13-1-1-2(j), (h) part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20.5-4-3 — Indiana Code / Title 13 / Article 20.5 / Chapter 4 / Section 13-20.5-4-3
Repealed
Status: repealed

As added by P.L.178-2009, SEC.27. Repealed by P.L.135-2026, SEC.221.
Ind. Code § 13-12-4-2 — Indiana Code / Title 13 / Article 12 / Chapter 4 / Section 13-12-4-2
Legislative findings
Status: in_force

Sec. 2. The general assembly recognizes the following:

(1) The profound impact of human activity on the interrelations of all components of the natural environment, particularly the profound influences of the following:

(A) High-density urbanization.

(B) Industrial expansion.

(C) Resource exploitation.

(D) New and expanding technological advances.

(2) The critical importance of restoring and maintaining environmental quality to the overall welfare and development of humans.

(3) That each person should enjoy a healthful environment.

(4) That each person has a responsibility to contribute to the preservation and enhancement of the environment.

[Pre-1996 Recodification Citation: 13-1-10-2(a) part, (c).]

As added by P.L.1-1996, SEC.2. Amended by P.L.135-2026, SEC.41.