Ind. Code § 13-21-15-1 — Indiana Code / Title 13 / Article 21 / Chapter 15 / Section 13-21-15-1
Dissolution of single county solid waste management district
Status: in_force

Sec. 1. (a) If a solid waste management district is a county district consisting of only one (1) county, the county may dissolve the district under IC 13-21-3-1(d)(1) and IC 36-1-8-17.7(b).

(b) The dissolution of a district through the adoption of an ordinance under IC 36-1-8-17.7(b)(7) is effective on the date specified in the ordinance.

(c) Upon the dissolution of a district, the following apply:

(1) Any legal obligations of the district that were incurred under this article before the district was dissolved, including bond obligations, loan obligations, other contractual liabilities, and civil liabilities, are transferred to the county and become legal obligations of the county, and those legal obligations shall be satisfied from assets of the district as provided in subdivision (2).

(2) Any assets of the district that are needed to satisfy the legal obligations described in subdivision (1) shall be:

(A) used by the district to satisfy those legal obligations; or

(B) transferred to the county and used by the county to satisfy those legal obligations.

(3) To the extent there are assets of the district that are not needed to satisfy the legal obligations described in subdivision (1), those assets:

(A) shall be transferred to the county and become assets of the county; and

(B) shall be used by the county in providing services previously provided by the district.

(d) After the county district of a county is dissolved, the county is no longer subject to this article, except for this chapter, and the county is not a county district or a member of a joint district.

As added by P.L.189-2016, SEC.4. Amended by P.L.10-2019, SEC.66.
Ind. Code § 13-20-3-3 — Indiana Code / Title 13 / Article 20 / Chapter 3 / Section 13-20-3-3
Certification of origin from owner or operator of facility instead of certification of report by hauler
Status: in_force

Sec. 3. A hauler that:

(1) is required to make a certification or report under section 1 of this chapter concerning the origin of the solid waste; and

(2) did not collect the solid waste at the point of origin;

may satisfy the requirements of section 1 of this chapter concerning a certification or report of origin of the solid waste by presenting a certification from the owner or operator of the facility at which the solid waste was picked up that indicates the county and state of origin of the largest part of the solid waste. The department shall establish procedures that allow the use of average figures in making the certification.

[Pre-1996 Recodification Citation: 13-9.5-11-3.]

As added by P.L.1-1996, SEC.10. Amended by P.L.250-2019, SEC.29.
Ind. Code § 13-11-2-180 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-180
"Recycling"
Status: in_force

Sec. 180. (a) "Recycling", for purposes of IC 13-20-17.5 and IC 13-21:

(1) means a process by which materials that would otherwise become solid waste are:

(A) collected;

(B) separated or processed; and

(C) converted into materials or products for reuse or sale; and

(2) includes advanced recycling.

(b) "Recycling", for purposes of section 179.9 of this chapter and IC 13-20.5, means the process of collecting and preparing video display devices or covered electronic devices for use in manufacturing processes or for recovery of useable materials followed by delivery of the materials for use. The term does not include the following:

(1) Destruction of recyclable materials by incineration or another process.

(2) Land disposal of recyclable materials.

(3) Reuse, repair, or any other process through which video display devices or covered electronic devices are returned to use for covered entities in their original form.

[Pre-1996 Recodification Citation: 13-9.5-1-24.]

As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.12; P.L.178-2009, SEC.19; P.L.54-2023, SEC.11.
Ind. Code § 13-19-3-8.2 — Indiana Code / Title 13 / Article 19 / Chapter 3 / Section 13-19-3-8.2
Permit modification to prohibit processing or disposal of solid waste
Status: in_force

Sec. 8.2. The department may modify a permit to prohibit the processing or disposal of specific solid waste at:

(1) a solid waste disposal facility; or

(2) a solid waste processing facility.

As added by P.L.218-2001, SEC.6.
Ind. Code § 13-22-9-6 — Indiana Code / Title 13 / Article 22 / Chapter 9 / Section 13-22-9-6
Closure or postclosure costs; source upon noncompliance
Status: in_force

Sec. 6. The commissioner may use:

(1) a trust fund agreement;

(2) a surety bond;

(3) a letter of credit; or

(4) an insurance policy;

required under this chapter for the closure or postclosure monitoring and maintenance of a hazardous waste landfill, solid waste landfill, or transfer station if the person that files the trust fund agreement, surety bond, letter of credit, or insurance policy does not comply with closure or postclosure requirements.

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

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-11-2-256 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-256
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.14. Repealed by P.L.159-2011, SEC.49.
Ind. Code § 13-29-1-8 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-8
Eligible parties, withdrawal, revocation, suspension of access, entry into force, and termination
Status: in_force

Sec. 8.

ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL,

REVOCATION, SUSPENSION OF ACCESS,

ENTRY INTO FORCE, AND TERMINATION

a. Any state may petition the Commission to be eligible for membership in the compact. The Commission may establish appropriate eligibility requirements. These requirements may include, but are not limited to, an eligibility fee or designation as a host state. A petitioning state becomes eligible for membership in the compact upon the approval of the Commission, including the affirmative vote of the member from each host state in which a compact facility is operating or being developed or constructed. Any state becoming eligible upon the approval of the Commission becomes a member of the compact when the state enacts this compact into law and pays the eligibility fee established by the commission.

b. The Commission is formed upon the appointment of Commission members and the tender of the membership fee payable to the Commission by three party states. The Governor of the first state to enact this compact shall convene the initial meeting of the Commission. The Commission shall cause legislation to be introduced in the Congress which grants the consent of the Congress to this compact, and shall take action necessary to organize the Commission and implement the provision of this compact.

c. A party state that has fully discharged its obligations under Article VI(i) of this compact or has been relieved under Article VI(e) of this compact of its responsibilities to serve as a host state may withdraw from this compact by repealing the authorizing legislation and by receiving the unanimous consent of the Commission. Withdrawal takes effect on the date specified in the Commission resolution consenting to withdrawal. All legal rights of the withdrawn state established under this compact, including, but not limited to, the right to have waste generated within its borders disposed of at compact facilities, cease upon the effective date of withdrawal, but any legal obligations of that party state under this compact, including, but not limited to, those set forth in Article VIII(e) of this compact continue until they are fulfilled.

d. Any party state that fails to comply with the terms of this compact or fails to fulfill its obligations may have reasonable financial penalties imposed against it, the right to have waste generated within its borders disposed of at compact facilities, or any noncompact facility made available to the region by any agreement entered into by the Commission pursuant to Article III(h)(6) of this compact suspended, or its membership in the compact revoked by a two-thirds vote of the Commission, provided that the membership of the party state designated to host the next compact facility shall not be revoked unless the member from the host state of any then operating compact facility votes in the affirmative. Revocation takes effect on the date specified in the resolution revoking the party state's membership. All legal rights of the revoked party state established under this compact, including, but not limited to, the right to have waste generated within its borders disposed of at compact facilities, cease upon the effective date of revocation, but any legal obligations of that party state under this compact, including, but not limited to, those set forth in Article VIII(e) of this compact, continue until they are fulfilled. The chairperson of the Commission shall transmit written notice of a revocation of a party state's membership in the compact, suspension of a party state's waste disposal rights, or imposition of financial penalties immediately following the vote of the Commission to the governor of the affected party state, governors of all the other party states, and the Congress of the United States.

e. A party state that withdraws from this compact or has its membership in the compact revoked before it has fully discharged its obligations under Article VI of this compact forthwith shall repay to the Commission the portion of the funds provided to that state by the Commission for the development, construction, operation, closing, or long-term care of a compact facility that the Commission determines is fair and equitable, taking into consideration the period of time the compact facility located in that host state was in operation and the amount of waste disposed of at the facility. If at any time after a compact facility begins operating, a party state withdraws from the compact or has its membership revoked, the withdrawing or revoked party state shall be obligated forthwith to pay to the Commission the amount the Commission determines would have been paid under the fee system established by the host state of the facility to dispose of at the facility the estimated volume of waste generated in the withdrawing or revoked party state that would have been disposed of at the facility from the time of withdrawal or revocation until the time the facility is closed. Any funds so paid to the Commission shall be distributed by the Commission to the persons who would have been entitled to receive the funds had they originally been paid to dispose of waste at the facility. Any person receiving such funds from the Commission shall apply the funds to the purposes to which they would have been applied had they originally been paid to dispose of waste at the compact facility. In addition, a withdrawing or revoked party state forthwith shall pay to the Commission an amount the Commission determines to be necessary to cover all other costs and damages incurred by the Commission and the remaining party states as a result of the withdrawal or revocation. The intention of Article VIII(e) of this compact is to eliminate any decrease in revenue resulting from withdrawal of a party state or revocation of a party state's membership, to eliminate financial harm to the remaining party states, and to create an incentive for party states to continue as members of the compact and to fulfill their obligations. Article VIII(e) of this compact shall be construed and applied so as to effectuate this intention.

f. Any party state whose right to have waste generated within its borders disposed of at compact facilities is suspended by the Commission shall pay to the host state of the compact facility to which access has been suspended the amount the Commission determines is reasonably necessary to ensure that the host state, or any political subdivision thereof, does not incur financial loss as a result of the suspension of access.

g. This compact becomes effective upon enactment by at least three eligible states and consent to this compact by the Congress. The consent given to this compact by the Congress shall extend to any future admittance of new party states and to the power of the commission to regulate the shipment and disposal of waste and disposal of naturally occurring and accelerator-produced radioactive material pursuant to this compact. Amendments to this compact are effective when enacted by all party states and, if necessary, consented to by the Congress. To the extent required by Section (4)(D) of the Low-Level Radioactive Waste Policy Amendments Act of 1985, every five years after this compact has taken effect, the Congress by law may withdraw its consent.

h. The withdrawal of a party state from this compact, the suspension of waste disposal rights, the termination of a party state's designation as a host state, or the revocation of a state's membership in this compact does not affect the applicability of this compact to the remaining party states.

i. This compact may be dissolved and the obligations arising under this compact may be terminated only as follows:

1. Through unanimous agreement of all party states expressed in duly enacted legislation; or

2. Through withdrawal of consent to this compact by the Congress under Article I, Section 10 of the United States Constitution, in which case dissolution shall take place one hundred twenty days after the effective date of the withdrawal of consent.

Unless explicitly abrogated by the state legislation dissolving this compact, or if dissolution results from withdrawal of congressional consent, the limitations on the investment and use of long-term care funds in Articles VI(o) and VI(q)(4) of this compact, the contractual obligations in Article V(f) of this compact, the indemnification obligations and contribution rights in Articles VI(o), VI(s), and VII(g) of this compact, and the operation rights and indemnification and hold harmless obligations in Article VI(q) of this compact shall remain in force notwithstanding dissolution of this compact.

[Pre-1996 Recodification Citation: 13-5-9-8.]

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.9.
Ind. Code § 13-21-6-8 — Indiana Code / Title 13 / Article 21 / Chapter 6 / Section 13-21-6-8
Preliminary contract awards; public hearing; notice; final form
Status: in_force

Sec. 8. (a) The board may:

(1) negotiate with the proposers; and

(2) make a preliminary contract award to any responsible proposer.

(b) The board shall give public notice of a public hearing, which must designate the time and place of a public hearing at which the board will hear comments upon the preliminary contract to be awarded.

(c) Following the public hearing, the board shall make a final contract award to any responsible proposer selected under this chapter based on a determination that the selected proposal is the most responsive to the needs of the district. The final contract award must:

(1) be in the form of a resolution; and

(2) include particularized findings relative to factors evaluated under section 7 of this chapter indicating that:

(A) the district's needs are met by the final contract award; and

(B) the action is in the public interest.

[Pre-1996 Recodification Citation: 13-9.5-8-3(6).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-19-4-9 — Indiana Code / Title 13 / Article 19 / Chapter 4 / Section 13-19-4-9
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10.2-6.]

As added by P.L.1-1996, SEC.9. Repealed by P.L.135-2026, SEC.187.
Ind. Code § 13-11-2-148 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-148
"Operator"
Status: in_force

Sec. 148. (a) "Operator", for purposes of IC 13-18-10 and IC 13-18-10.7, means the person in direct or responsible charge or control of one (1) or more confined feeding operations.

(b) "Operator", for purposes of IC 13-18-11 and environmental management laws, means the person in direct or responsible charge and supervising the operation of:

(1) a water treatment plant;

(2) a wastewater treatment plant; or

(3) a water distribution system.

(c) "Operator", for purposes of IC 13-20-6, means a corporation, a limited liability company, a partnership, a business association, a unit, or an individual who is a sole proprietor that is one (1) of the following:

(1) A broker.

(2) A person who manages the activities of a transfer station that receives municipal waste.

(3) A transporter.

(d) "Operator", for purposes of IC 13-23, except as provided in subsections (e), (g), and (h), means a person:

(1) in control of; or

(2) having responsibility for;

the daily operation of an underground storage tank or aboveground storage tank.

(e) "Operator", for purposes of IC 13-23-13, does not include the following:

(1) A person who:

(A) does not participate in the management of an underground storage tank or aboveground storage tank;

(B) is otherwise not engaged in the:

(i) production;

(ii) refining; and

(iii) marketing;

of regulated substances; and

(C) holds evidence of ownership, primarily to protect the owner's security interest in the tank.

(2) A person that is a lender that did not participate in management of an underground storage tank or aboveground storage tank before foreclosure, notwithstanding that the person:

(A) forecloses on the vessel or facility; and

(B) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the underground storage tank or aboveground storage tank, maintains business activities, winds up operations, undertakes a response action under Section 107(d)(1) of CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan with respect to the underground storage tank or aboveground storage tank, or takes any other measure to preserve, protect, or prepare the underground storage tank or aboveground storage tank prior to sale or disposition;

if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the underground storage tank or aboveground storage tank at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements.

(3) A person who:

(A) does not own or lease, directly or indirectly, the facility or business at which the underground storage tank or aboveground storage tank is located;

(B) does not participate in the management of the facility or business described in clause (A); and

(C) is engaged only in:

(i) filling;

(ii) gauging; or

(iii) filling and gauging;

the product level in the course of delivering fuel to an underground storage tank or aboveground storage tank.

(4) A political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government that:

(A) acquires ownership or control of an underground storage tank or aboveground storage tank on a brownfield because of:

(i) bankruptcy;

(ii) foreclosure;

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

(iv) abandonment;

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

(vi) receivership;

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

(viii) 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;

(ix) other circumstances in which the political subdivision or unit of federal or state government involuntarily acquired an interest in the property because of the political subdivision's or unit's function as sovereign; or

(x) any other means to conduct remedial actions on a brownfield; and

(B) is engaged only in activities in conjunction with:

(i) investigation or remediation of hazardous substances, petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or

(ii) monitoring or closure of an underground storage tank or aboveground storage tank;

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.

(f) For purposes of subsection (e)(4)(B), reckless, willful, or wanton misconduct constitutes gross negligence.

(g) "Operator" does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank or aboveground storage tank, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a hazardous substance.

(h) "Operator" does not include a person that meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank or aboveground storage tank, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-5.7-1(e), (g) part; subsection (b) formerly 13-1-6-2(a), (d); 13-7-1-3 part; subsection (c) formerly 13-7-10.5-4 part; subsection (d) formerly 13-7-20-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.7; P.L.212-1999, SEC.3; P.L.221-2007, SEC.3; P.L.78-2009, SEC.4; P.L.159-2011, SEC.4; P.L.6-2012, SEC.100; P.L.176-2023, SEC.21; P.L.192-2025, SEC.1.
Ind. Code § 13-12-1-1 — Indiana Code / Title 13 / Article 12 / Chapter 1 / Section 13-12-1-1
Purpose
Status: in_force

Sec. 1. The purpose of the recodification act of the 1996 regular session of the general assembly is to recodify prior environmental law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 1996 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 1996 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 1995 expressly indicate a different purpose;

the substantive operation and effect of the prior environmental law continue uninterrupted as if the recodification act of the 1996 regular session of the general assembly had not been enacted.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-18-27-18 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-18
Limitation on authority of MS4 community to order construction project to stop
Status: in_force

Sec. 18. (a) If:

(1) an MS4 community has made a conclusive favorable determination concerning a construction plan; and

(2) work on the construction project has begun;

the MS4 community may not order work on the construction project to stop on the grounds that the erosion and sediment control measures included in the construction plan are not adequate unless the project site owner is notified in writing of the inadequacies that the MS4 community perceives in the erosion and sediment control measures and the perceived inadequacies are not resolved within seventy-two (72) hours after the project site owner receives the written notice.

(b) This section does not prohibit an MS4 community from ordering work on a construction project to stop if the project site owner is creating a public health hazard or a safety hazard.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-11-2-38 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-38
"Composting"
Status: in_force

Sec. 38. (a) "Composting", for purposes of IC 13-20-9 and IC 13-20-10, means the biological treatment process by which microorganisms decompose the organic component of vegetative matter and other types of organic material.

(b) "Composting", for purposes of IC 13-21, means an aerobic degradation process by which plant and other organic wastes decompose under controlled conditions to produce a usable product.

[Pre-1996 Recodification Citations: subsection (a) 13-7-29-1 part; 13-7-35-3; subsection (b) formerly 13-9.5-1-1 part; 13-9.5-1-5.]

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

Sec. 1. A person upon whom a final order is served under the water pollution control laws shall take the steps that are necessary to comply with the final order.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-26-11-15 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-15
Regional sewage district authority; membership; notice of rate increase; objecting petition; public hearing; order and appeal
Status: in_force

Sec. 15. (a) A district authority is established in each regional sewage district established under this article. A district authority:

(1) must consist of an odd number of members;

(2) must consist of at least three (3) members; and

(3) may not include as a member any person who serves on the board of trustees of the district.

(b) The district authority of a regional sewage district consists of the following members:

(1) In the case of a regional sewage district located in one (1) county, the following members:

(A) If no members of the county executive are trustees of the regional sewage district, the county executive of the county.

(B) If:

(i) one (1) or more members of the county executive are trustees of the regional sewage district; and

(ii) no members of the county fiscal body are trustees of the regional sewage district;

the members of the county fiscal body.

(C) If the regional sewage district's board of trustees consists of one (1) or more members of the county executive and one (1) or more members of the county fiscal body, three (3) members appointed as follows:

(i) Two (2) members appointed by the county executive. If not all of the members of the county executive are trustees of the district, the county executive may appoint either or both of the two (2) members required by this item from among the county executive's own membership, subject to subsection (a)(3).

(ii) One (1) member appointed by the county fiscal body. If not all of the members of the county fiscal body are trustees of the district, the county fiscal body may appoint the member required by this item from among the county fiscal body's own membership, subject to subsection (a)(3).

(2) In the case of a regional sewage district located in more than one (1) county, the following members:

(A) If:

(i) an odd number of counties are part of the regional sewage district; and

(ii) each county in the district has at least one (1) county executive member who is not a trustee of the regional sewage district;

one (1) county executive member, appointed by that member's county executive, from each county in which the district is located, subject to subsection (a)(3).

(B) If an even number of counties are part of the regional sewage district, the following members:

(i) Two (2) county executive members, appointed by those members' county executive, from the county that has the largest number of customers served by the district's sewer system. However, if the county that has the largest number of customers served by the district's sewer system does not have at least two (2) members of its executive who are not also trustees of the district, the county executive of that county may appoint one (1) or more of the members required by this item from outside the county executive's own membership in order to comply with subsection (a)(3).

(ii) One (1) county executive member, appointed by that member's county executive, from each county, other than the county described in item (i), in which the district is located. However, if a county described in this item does not have at least one (1) member of its executive who is not also a trustee of the district, the county executive of that county may appoint the member required by this item from outside the county executive's own membership in order to comply with subsection (a)(3).

(C) If an odd number of counties are part of the regional sewage district and an odd number of those counties in the district do not have at least one (1) county executive member who is not also a trustee of the district, the following members:

(i) One (1) county executive member, appointed by that member's county executive, from each county that has at least one (1) county executive member who is not also a trustee of the district, subject to subsection (a)(3).

(ii) One (1) member appointed by the county executive of each county that does not have at least one (1) county executive member who is not also a trustee of the district. A member appointed under this item must be appointed from outside the appointing county executive's own membership, subject to subsection (a)(3).

(c) If a district adopts an ordinance increasing sewer rates and charges at a rate that is greater than five percent (5%) per year, as calculated from the rates and charges in effect from the date of the district's last rate increase, the district shall mail or electronically share, either separately or along with a periodic billing statement, a notice of the new rates and charges to each user of the sewer system who is affected by the increase. The notice:

(1) shall be mailed or electronically shared not later than seven (7) days after the district adopts the ordinance increasing the rates and charges; and

(2) must include a statement of a ratepayer's rights under this section.

(d) If subsection (c) applies, fifty (50) ratepayers of the district or ten percent (10%) of the district's ratepayers, whichever is fewer, may file a written petition objecting to the rates and charges of the district. A petition filed under this subsection must:

(1) contain the name and address of each petitioner;

(2) be filed with a member of the district authority, in the county where at least one (1) petitioner resides, not later than thirty (30) days after the district adopts the ordinance establishing the rates and charges; and

(3) set forth the grounds for the ratepayers' objection.

If a petition meeting the requirements of this subsection is filed, the district authority shall investigate and conduct a public hearing on the petition. If more than one (1) petition concerning a particular increase in rates and charges is filed, the district authority shall consider the objections set forth in all the petitions at the same public hearing.

(e) The district authority shall set the matter for public hearing not less than ten (10) business days but not later than twenty (20) business days after the petition has been filed. The district authority shall:

(1) send notice of the hearing:

(A) by certified mail; or

(B) electronically;

to the district and the first listed petitioner; and

(2) publish the notice of the hearing:

(A) in a newspaper of general circulation in each county in the district; or

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

(f) Upon the date fixed in the notice, the district authority shall hear the evidence produced and determine the following:

(1) Whether the board of trustees of the district, in adopting the ordinance increasing sewer rates and charges, followed the procedure required by this chapter.

(2) Whether the increased sewer rates and charges established by the board by ordinance are just and equitable rates and charges, according to the standards set forth in section 9 of this chapter.

(g) After the district authority hears the evidence produced and makes the determinations set forth in subsection (f), the district authority, by a majority vote, shall:

(1) sustain the ordinance establishing the rates and charges;

(2) sustain the petition; or

(3) make any other ruling appropriate in the matter, subject to the standards set forth in section 9 of this chapter.

(h) The order of the district authority may be appealed by the district or a petitioner to the circuit court, superior court, or probate court of the county in which the district is located. The court shall try the appeal without a jury and shall determine one (1) or both of the following:

(1) Whether the board of trustees of the district, in adopting the ordinance increasing sewer rates and charges, followed the procedure required by this chapter.

(2) Whether the increased sewer rates and charges established by the board by ordinance are just and equitable rates and charges, according to the standards set forth in section 9 of this chapter.

Either party may appeal the circuit court's, superior court's, or probate court's decision in the same manner that other civil cases may be appealed.

As added by P.L.193-2001, SEC.4. Amended by P.L.1-2002, SEC.68; P.L.221-2007, SEC.21; P.L.71-2011, SEC.2; P.L.97-2012, SEC.14; P.L.84-2016, SEC.68; P.L.27-2024, SEC.13.
Ind. Code § 13-26-11-14 — Indiana Code / Title 13 / Article 26 / Chapter 11 / Section 13-26-11-14
Extension of rates and charges to cover additional premises; changes or readjustments
Status: in_force

Sec. 14. (a) The rates or charges established for a class of users of property served shall be extended to cover any additional premises served after the rates or charges are established that are in the same class, without the necessity of hearing or notice.

(b) Subject to section 15 of this chapter, a change or readjustment of the rates or charges may be made in the same manner as the rates or charges were originally established.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.221-2007, SEC.20.
Ind. Code § 13-29-1-14 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-14
Violations; offenses; penalties
Status: in_force

Sec. 14. A person who knowingly or intentionally commits any of the violations listed in section 3(o) of this chapter commits a Level 6 felony. However, notwithstanding IC 35-50-2-7(a), a person who is convicted of a Level 6 felony under this section may, in addition to the term of imprisonment established under IC 35-50-2-7(a), be fined not more than fifty thousand dollars ($50,000) for each day of violation.

[Pre-1996 Recodification Citation: 13-5-9-14.]

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.12; P.L.158-2013, SEC.195.
Ind. Code § 13-25-5-16 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-16
Certificate of completion; notice of unsuccessful completion
Status: in_force

Sec. 16. (a) If the commissioner determines that an applicant has successfully completed a voluntary remediation work plan approved under this chapter, the commissioner shall certify that the work plan has been completed by issuing the applicant a certificate of completion.

(b) The issuance of a certificate of completion under this section is a final agency action for purposes of IC 4-21.5.

(c) A person who receives a certificate under this section shall attach a copy of the certificate to the recorded deed that concerns the property on which the remediation took place.

(d) If the commissioner determines that an applicant has not successfully completed a voluntary remediation work plan approved under this chapter, the commissioner shall notify the applicant of this determination under IC 4-21.5.

[Pre-1996 Recodification Citation: 13-7-8.9-17(a), (b).]

As added by P.L.1-1996, SEC.15. Amended by P.L.135-2026, SEC.277.
Ind. Code § 13-20-17.7-8 — Indiana Code / Title 13 / Article 20 / Chapter 17.7 / Section 13-20-17.7-8
Enforcement; penalties
Status: in_force

Sec. 8. (a) This chapter shall be enforced under IC 13-30-3.

(b) A violation of this chapter or a rule adopted under this chapter is subject to the penalties set forth in the following:

(1) IC 13-30-4.

(2) IC 13-30-5.

(3) IC 13-30-8.

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

As added by P.L.170-2006, SEC.15. Amended by P.L.137-2007, SEC.20.
Ind. Code § 13-11-2-9 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-9
"Application"
Status: in_force

Sec. 9. "Application", for purposes of IC 13-15-4, means an application for a:

(1) permit; or

(2) determination related to a permit;

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

[Pre-1996 Recodification Citation: 13-7-10.1-1.]

As added by P.L.1-1996, SEC.1. Amended by P.L.130-2018, SEC.57.
Ind. Code § 13-15-11-1 — Indiana Code / Title 13 / Article 15 / Chapter 11 / Section 13-15-11-1
Environmental management permit operation fund
Status: in_force

Sec. 1. (a) The environmental management permit operation fund is established for the purpose of providing money for permitting and directly associated activities of the following programs of the department and the board:

(1) The National Pollutant Discharge Elimination System program.

(2) The solid waste program.

(3) The hazardous waste program.

(4) The safe drinking water program.

(b) Money in the fund may be used only to pay the direct and indirect reasonable costs of the activities referred to in subsection (a), including the following:

(1) The preparation of rules and guidance regarding implementation and enforcement of the programs listed in subsection (a)(1) through (a)(4).

(2) The review of and action on:

(A) permit applications;

(B) permit modifications;

(C) permit renewals; and

(D) permit revocations;

under the programs listed in subsection (a)(1) through (a)(4).

(3) Implementing and enforcing the terms of a permit granted under any of the programs listed in subsection (a)(1) through (a)(4), except for court costs of enforcement actions.

(4) General administrative costs of operating the programs listed in subsection (a)(1) through (a)(4).

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

As added by P.L.1-1996, SEC.5. Amended by P.L.224-2003, SEC.132; P.L.133-2012, SEC.113; P.L.250-2019, SEC.11.
Ind. Code § 13-22-12-8 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-8
Delinquency charge; revocation of permit
Status: in_force

Sec. 8. (a) In addition to the penalties described under:

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

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

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

if a person does not remit a hazardous waste annual operation fee or an installment established by the department under section 14 of this chapter not more than sixty (60) days after the date the fee is assessed or not more than thirty (30) days after the date the installment is due, the person shall be assessed a delinquency charge equal to ten percent (10%) of the hazardous waste annual operation fee or ten percent (10%) of the installment, whichever is applicable. The delinquency charge is due and payable sixty (60) days after the date the hazardous waste annual operation fee is assessed or thirty (30) days after the date the installment is due.

(b) If a person does not remit a hazardous waste annual operation fee or an installment established by the department under IC 13-16-2 and any applicable delinquency charge not more than ninety (90) days after the date the hazardous waste annual operation fee is assessed or not more than sixty (60) days after the date the installment is due, the department may revoke the person's permit. However, before the department may revoke the permit:

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

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

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

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

As added by P.L.1-1996, SEC.12. Amended by P.L.130-1996, SEC.7; P.L.2-1997, SEC.47.
Ind. Code § 13-11-2-249 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-249
"Waste reduction"
Status: in_force

Sec. 249. (a) "Waste reduction", for purposes of environmental management laws except as provided in subsection (b), means a process that leads to the prevention of the creation of waste.

(b) "Waste reduction", for purposes of IC 13-22-11, means the use of one (1) or more industrial practices that reduce, eliminate, or avoid the generation of hazardous waste to reduce risks to human health and to the environment. The term does not include the following:

(1) Recycling of a hazardous waste, except for recycling that is an integral part of the industrial operation that generated the hazardous waste.

(2) An act that concentrates a hazardous waste to reduce the volume of the hazardous waste.

(3) A dilution of a hazardous waste to reduce the hazardous characteristics of the hazardous waste.

(4) A treatment of a hazardous waste after the hazardous waste is generated, such as by incineration.

(5) Any other action involving a hazardous waste, unless the action is taken:

(A) as part of the industrial operation that generates the hazardous waste;

(B) at the place where the hazardous waste is generated; and

(C) at the time that the hazardous waste is generated.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-25.8; subsection (b) formerly 13-7-27-3.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-14-1-19 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-19
Indiana Storm Water Quality Manual review and report
Status: in_force

Sec. 19. (a) Not later than December 1, 2026, the department shall do the following:

(1) Conduct a review of the Indiana Storm Water Quality Manual to determine whether:

(A) the recommendations in the Indiana Storm Water Quality Manual are cost effective; and

(B) any new or revised recommendations are necessary.

(2) Submit a report of its findings and recommendations under subdivision (1) to the legislative council in an electronic format under IC 5-14-6.

(b) The Indiana Storm Water Quality Manual with respect to storm water management basins:

(1) may not require a pond bank ratio greater than three (3) to one (1); and

(2) must require a ten (10) foot maintenance ledge or a ten (10) foot safety ledge, but may not require both.

The department shall make changes to the Indiana Storm Water Quality Manual to comply with this subsection not later than December 1, 2026.

As added by P.L.73-2026, SEC.4.
Ind. Code § 13-11-2-245.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-245.3
"Very small construction activity site"
Status: in_force

Sec. 245.3. "Very small construction activity site", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-14.

As added by P.L.248-2019, SEC.13.
Ind. Code § 13-17-11-2 — Indiana Code / Title 13 / Article 17 / Chapter 11 / Section 13-17-11-2
Issuance of permits
Status: in_force

Sec. 2. The department may not issue a permit for the construction or the operation of a thermal oxidation unit that would be used only to remediate soil contaminated by petroleum or a petroleum byproduct if the thermal oxidation unit would be constructed or operated in a county that:

(1) has a population of:

(A) more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); or

(B) more than one hundred seventy thousand (170,000) and less than one hundred seventy-four thousand (174,000); and

(2) is located in an air quality control area that has been classified as a nonattainment area under the federal Clean Air Act (42 U.S.C. 7401 et seq.);

unless it can be demonstrated that the thermal oxidation unit is in compliance with a state implementation plan submitted under Section 182 of the federal Clean Air Act (42 U.S.C. 7511a).

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

As added by P.L.1-1996, SEC.7. Amended by P.L.170-2002, SEC.87; P.L.119-2012, SEC.111; P.L.104-2022, SEC.82.
Ind. Code § 13-29-1.1-2 — Indiana Code / Title 13 / Article 29 / Chapter 1.1 / Section 13-29-1.1-2
Assessment of fee
Status: in_force

Sec. 2. Only the midwest interstate low-level radioactive waste commission or the host state (as defined in IC 13-11-2-103) may assess a fee allowed under IC 13-29-1.

As added by P.L.131-1996, SEC.1.
Ind. Code § 13-18-20-6 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-6
State permits
Status: in_force

Sec. 6. For state 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:

Daily Average Actual

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.
Ind. Code § 13-18-4-5 — Indiana Code / Title 13 / Article 18 / Chapter 4 / Section 13-18-4-5
Unlawful discharge of deleterious substances; land application of fertilizer
Status: in_force

Sec. 5. (a) Except as provided in subsection (b), a person may not:

(1) throw, run, drain, or otherwise dispose; or

(2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed;

into any of the streams or waters of Indiana any organic or inorganic matter that causes or contributes to a polluted condition of any of the streams or waters of Indiana, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.

(b) Subsection (a) does not apply to organic or inorganic matter that consists of fertilizer material contained in:

(1) runoff from a storm event; or

(2) irrigation return flow;

entering the waters of Indiana as a result of land application of fertilizer material in compliance with rules adopted by the state chemist under IC 15-16-2-44.

(c) The department shall request documentation of compliance with subsection (b) before a notice of violation can be issued.

(d) A person has thirty (30) days to submit documentation after receiving a request under subsection (c).

(e) The department may issue a notice of violation for failure to comply with subsection (d). No notice of violation can be issued if the department determines that a person complied with subsection (b).

(f) Before the rules for land application of fertilizer materials adopted under IC 15-16-2-44 by the state chemist take effect, a person may meet the requirements under subsection (b) if the person maintains documentation of compliance with:

(1) the conditions for land application of manure requirements under IC 13-18-10; or

(2) the National Resources Conservation Services land application standards.

(g) Subsection (b) does not affect liability for killing wild animals under IC 14-22-10-6.

[Pre-1996 Recodification Citation: 13-1-3-8.]

As added by P.L.1-1996, SEC.8. Amended by P.L.189-2011, SEC.11.
Ind. Code § 13-13-7.1-8 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-8
State employees; reimbursement of expenses
Status: in_force

Sec. 8. Each member of the panel who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.53-2014, SEC.119. Amended by P.L.42-2024, SEC.101.
Ind. Code § 13-20.5-10-1 — Indiana Code / Title 13 / Article 20.5 / Chapter 10 / Section 13-20.5-10-1
Disposal restrictions
Status: in_force

Sec. 1. After 2010, a covered entity may not knowingly do any of the following:

(1) Mix or allow the mixing of a covered electronic device or any other computer, computer monitor, printer, or television with municipal waste that is intended for disposal at a landfill.

(2) Mix or allow the mixing of a covered electronic device or any other computer, computer monitor, printer, or television with any waste that is intended for disposal by burning or incineration.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-31 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-31
"Coal mine permit"
Status: in_force

Sec. 31. "Coal mine permit", for purposes of IC 13-18-20, refers to a National Pollutant Discharge Elimination System (NPDES) permit that involves the area on or beneath land used or distributed in activity related to the extraction, removal, or recovery of coal from natural deposits of coal.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-25-1-6 — Indiana Code / Title 13 / Article 25 / Chapter 1 / Section 13-25-1-6
Duties of commission and local emergency planning committee; membership on local committee not a lucrative office; appointment of local committee members
Status: in_force

Sec. 6. (a) The commission shall do the following:

(1) Encourage and support the development of emergency planning efforts to provide:

(A) state government entities;

(B) local governments; and

(C) the public;

with information concerning potential chemical hazards in Indiana.

(2) Assist the state in complying with the requirements of SARA.

(3) Design and supervise the operation of emergency planning districts in Indiana.

(4) Gather and distribute information needed for effective emergency response planning.

(5) Appoint the members of the local emergency planning committee of each emergency planning district.

(b) A local emergency planning committee shall do the following:

(1) Satisfy the requirements of SARA.

(2) Prepare and submit a roster of committee members to the commission at least one (1) time each year.

(3) Meet at least two (2) times, on separate days, every six (6) months.

(4) Each year, prepare and submit a report to the commission that describes the expenditures of the local emergency planning committee in the preceding year that were paid for with the money distributed under IC 13-25-2-10.6.

(c) A local emergency planning committee member may appoint a designee to act on the committee member's behalf under this chapter. An appointment under this subsection must:

(1) be in writing;

(2) specify the duration of the appointment; and

(3) be submitted to the committee at least two (2) calendar days before the first meeting that the designee attends on behalf of the member.

(d) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, membership on a local emergency planning committee is not a lucrative office.

(e) The members of a local emergency planning committee shall elect officers of the local emergency planning committee from among its members.

(f) The commission may appoint the number of members of a local emergency planning committee that the commission considers appropriate. The members of a local emergency planning committee must include representatives of each of the following:

(1) State and local officials.

(2) Law enforcement, emergency management, firefighting, emergency medical services, health, local environmental, hospital, and transportation personnel.

(3) Broadcast and print media.

(4) Community groups.

(5) Owners and operators of facilities subject to IC 13-25-2-10.

(g) The commission may revise its appointment of members of a local emergency planning committee under subsection (a)(5). Interested persons, including a county executive, may petition the commission to modify the membership of a local emergency planning committee.

(h) A local emergency planning committee is a county board of the county identified in one (1) of the following:

(1) If the emergency planning district of the local emergency planning committee is wholly within the boundaries of one (1) county, the local emergency planning committee is a county board of the county in which the emergency planning district is located.

(2) If the emergency planning district of the local emergency planning committee includes more than one (1) county, the local emergency planning committee is a county board of only one (1) of the counties, and the county of which the local emergency planning committee is a county board must be determined by agreement of the counties included in the emergency planning district.

(i) The commission may not establish an emergency planning district that includes more than one (1) county unless all the counties to be included in the emergency planning district have agreed which of the counties will be the county of which the local emergency planning committee will be a county board under subsection (h)(2).

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

As added by P.L.1-1996, SEC.15. Amended by P.L.92-2001, SEC.2; P.L.26-2010, SEC.17; P.L.85-2015, SEC.10; P.L.68-2016, SEC.2.
Ind. Code § 13-17-5-4 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-4
Penalty
Status: in_force

Sec. 4. The commissioner of the bureau of motor vehicles shall suspend the registration of any vehicle that is not in compliance with section 3 of this chapter and may not reinstate the registration until:

(1) the emission control equipment of the vehicle has been restored, replaced, or repaired and is in good working order; and

(2) if the vehicle is subject to a rule of the board requiring testing of the emission characteristics of certain vehicles in certain counties, all requirements of that rule applying to the vehicle have been satisfied.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-167.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-167.5
"Post-use polymer"
Status: in_force

Sec. 167.5. "Post-use polymer" means a plastic to which all of the following apply:

(1) The plastic is derived from any of the following activities:

(A) Industrial.

(B) Commercial.

(C) Agricultural.

(D) Domestic.

(2) The plastic is not mixed with solid waste or hazardous waste onsite or during processing at an advanced recycling facility and includes preconsumer recovered materials and postconsumer materials.

(3) The use or intended use of the plastic is as a feedstock for the manufacturing of:

(A) other feedstocks;

(B) raw materials; or

(C) other intermediate or final products;

using advanced recycling.

(4) The plastic:

(A) has been sorted from solid waste and other regulated waste; and

(B) may contain residual amounts of solid waste, including:

(i) organic material;

(ii) incidental contaminants; or

(iii) impurities, including paper labels and metal rings.

(5) The plastic is:

(A) processed at an advanced recycling facility; or

(B) held at an advanced recycling facility before processing.

As added by P.L.54-2023, SEC.7.
Ind. Code § 13-11-2-204 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-204
"Small business petroleum marketer"
Status: in_force

Sec. 204. "Small business petroleum marketer", for purposes of IC 13-23-4-3, means a petroleum marketer that owns or operates not more than twelve (12) underground storage tanks.

[Pre-1996 Recodification Citation: 13-7-20-14.5(b).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-38.1 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-38.1
"Computer"
Status: in_force

Sec. 38.1. (a) "Computer", for purposes of this chapter and IC 13-20.5, means an electronic, a magnetic, an optical, an electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions.

(b) The term does not include the following:

(1) An automated typewriter or typesetter.

(2) A portable handheld calculator or device, or other similar device.

As added by P.L.178-2009, SEC.6.
Ind. Code § 13-27-2-2 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-2
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.17. Repealed by P.L.135-2026, SEC.280.
Ind. Code § 13-17-6-9 — Indiana Code / Title 13 / Article 17 / Chapter 6 / Section 13-17-6-9
Commissioner's inspection or investigation
Status: in_force

Sec. 9. The commissioner may do the following:

(1) Inspect the site of an asbestos project:

(A) during the project; or

(B) after the project is completed.

(2) Conduct an investigation of an asbestos project upon:

(A) the commissioner's own initiation; or

(B) the receipt of a complaint by a person.

[Pre-1996 Recodification Citation: 13-1-1-21.]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-266 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-266
"White goods"
Status: in_force

Sec. 266. "White goods", for purposes of IC 13-21, means discarded:

(1) refrigerators;

(2) ranges;

(3) water heaters; and

(4) other similar domestic and commercial large appliances.

[Pre-1996 Recodification Citation: 13-9.5-1-35.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-20-21-2 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-2
Establishment
Status: in_force

Sec. 2. Notwithstanding fees established under IC 13-16-1, the solid waste permit:

(1) application;

(2) annual operation;

(3) generator; and

(4) disposal;

fees contained in this chapter are established.

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

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-15-10-6 — Indiana Code / Title 13 / Article 15 / Chapter 10 / Section 13-15-10-6
Method of payment of fees; refunds
Status: in_force

Sec. 6. (a) For the payment of fees under this chapter, the department shall accept any of the following:

(1) Cash.

(2) A draft.

(3) A money order.

(4) A cashier's, certified, or personal check.

(5) An electronic fund transfer, if the department makes payment by this means available.

(b) If:

(1) the department receives an uncertified personal check for the payment of a fee; and

(2) the check does not clear the bank;

the department may void the license, registration, or certificate for which the check was received.

(c) Unless designated by rule, a fee is not refundable or transferable.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.112; P.L.250-2019, SEC.10.
Ind. Code § 13-11-2-8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-8
"Applicant"
Status: in_force

Sec. 8. (a) "Applicant", for purposes of IC 13-11-2-191 and IC 13-18-10, refers to a person (as defined in section 158(b) of this chapter) that submits an application to the department under IC 13-18-10-2.

(b) "Applicant", for purposes of IC 13-19-4, means an individual, a corporation, a limited liability company, a partnership, or a business association that:

(1) receives, for commercial purposes, solid or hazardous waste generated offsite for storage, treatment, processing, or disposal; and

(2) applies for the issuance, transfer, or major modification of a permit described in IC 13-15-1-3 other than a postclosure permit or an emergency permit.

For purposes of this subsection, an application for the issuance of a permit does not include an application for renewal of a permit.

(c) "Applicant", for purposes of IC 13-20-2, means an individual, a corporation, a limited liability company, a partnership, or a business association that applies for an original permit for the construction or operation of a landfill.

(d) For purposes of subsection (b), "applicant" does not include an individual, a corporation, a limited liability company, a partnership, or a business association that:

(1) generates solid or hazardous waste; and

(2) stores, treats, processes, or disposes of the solid or hazardous waste at a site that is:

(A) owned by the individual, corporation, partnership, or business association; and

(B) limited to the storage, treatment, processing, or disposal of solid or hazardous waste generated by that individual, corporation, limited liability company, partnership, or business association.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-10.2-1(a); subsection (b) formerly 13-7-22-2(a); subsection (c) formerly 13-7-10.2-1(b); 13-7-10.5-2; 13-7-31-12(c) part; subsection (a) formerly 13-7-10.2-2; subsection (b) formerly 13-7-10.5-5; subsection (c) formerly 13-7-12-4(g); subsection (d) formerly 13-6-2-9.]

As added by P.L.1-1996, SEC.1. Amended by P.L.154-2005, SEC.1; P.L.127-2009, SEC.1.
Ind. Code § 13-11-2-250.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-250.5
"Waste tire processing operation"
Status: in_force

Sec. 250.5. "Waste tire processing operation", for purposes of IC 13-20-13 and IC 13-20-14, means an operation that processes waste tires by cutting, shredding, or grinding. The term does not include a retail operation that cuts or shreds waste tires generated by the retail operation.

As added by P.L.93-1998, SEC.2. Amended by P.L.37-2012, SEC.15.
Ind. Code § 13-20-9-1 — Indiana Code / Title 13 / Article 20 / Chapter 9 / Section 13-20-9-1
Applicability of chapter
Status: in_force

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

(1) The use of vegetative matter resulting from landscaping maintenance and land clearing projects that, after composting, is used as cover material for a solid waste landfill.

(2) The deposit into a solid waste landfill of:

(A) grass;

(B) woody vegetative matter that is:

(i) less than three (3) feet in length; and

(ii) bagged, bundled, or otherwise contained; or

(C) de minimis amounts of vegetative matter that are:

(i) less than three (3) feet in length;

(ii) bagged, bundled, or otherwise contained; and

(iii) not set out separately for collection and disposal.

[Pre-1996 Recodification Citation: 13-7-29-1 part.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-108 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-108
"Industrial permit"
Status: in_force

Sec. 108. "Industrial permit", for purposes of IC 13-14-8-11.6 and IC 13-18-20, refers to a National Pollutant Discharge Elimination System (NPDES) permit other than a permit issued to any of the following:

(1) a municipal facility;

(2) a state facility;

(3) a federal facility;

(4) a semipublic facility;

(5) a public water system facility; or

(6) a facility for storm water discharge.

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

As added by P.L.1-1996, SEC.1. Amended by P.L.72-1999, SEC.1; P.L.184-2002, SEC.2.
Ind. Code § 13-20.5-7-7 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-7
Department estimation of sales; use of data to verify fee
Status: in_force

Sec. 7. The department shall estimate, for each registered manufacturer, the sales of video display devices to households during each calendar year, based on:

(1) data provided by a manufacturer on sales of video display devices to households, including documentation describing how that amount was calculated and certification that the amount is accurate; or

(2) if a manufacturer does not provide the data specified in subdivision (1), national data on sales of video display devices.

The department shall use the data specified in this section to review the determination of each manufacturer's variable recycling fee to ensure that the fee was calculated accurately according to the formula in IC 13-20.5-2-1.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-17-5-3 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-3
Removal or failure to maintain emission control device
Status: in_force

Sec. 3. Except as permitted or authorized by law, a person may not:

(1) fail to maintain in good working order; or

(2) remove, dismantle, or otherwise cause to be inoperative;

any air pollution control system or mechanism that is used to control air pollution of a vehicle and that is required by rules of the board to be maintained in or on the vehicle.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-28-1-1 — Indiana Code / Title 13 / Article 28 / Chapter 1 / Section 13-28-1-1
Establishment
Status: in_force

Sec. 1. An office of voluntary compliance is established within the department.

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

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-20-21-14 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-14
Payment and deposit of fees and charges; remission to counties of additional fees
Status: in_force

Sec. 14. (a) Except as provided in subsection (b), fees and delinquency charges collected under this chapter:

(1) are payable to the department; and

(2) shall be deposited in the environmental management permit operation fund established by IC 13-15-11-1.

(b) Fees and delinquency charges collected under section 6(c) of this chapter are payable to the department. The department shall remit the revenue to the county treasurer of the county in which the landfill is located for deposit in the fund established by the county treasurer under IC 36-2-9-21.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.131-2006, SEC.9.
Ind. Code § 13-22-9-5 — Indiana Code / Title 13 / Article 22 / Chapter 9 / Section 13-22-9-5
Amount necessary for transfer station
Status: in_force

Sec. 5. The amount of financial responsibility a person must establish under section 1 of this chapter for a transfer station must:

(1) be the greater of:

(A) four thousand dollars ($4,000) for each acre or part of an acre covered by the transfer station; or

(B) an amount determined by the commissioner that is sufficient to close the transfer station in a manner that:

(i) minimizes the need for further maintenance; and

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

(2) provide assurance of proper postclosure maintenance for one (1) year after the transfer station has ceased operations.

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

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-26-10-3 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-3
Revenue bonds
Status: in_force

Sec. 3. Revenue bonds may:

(1) bear interest, at a rate or rates not exceeding the maximum determined by the board, that is payable or accretes as determined by the board;

(2) mature at a time or times to be determined by ordinance; and

(3) be made redeemable before maturity at the option of the district, to be exercised by the board, at not more than the par value and a premium not exceeding five percent (5%) under terms and conditions that are fixed by the ordinance authorizing the issuance of the bonds.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.53-2004, SEC.2.
Ind. Code § 13-11-2-179 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-179
"Recovery"
Status: in_force

Sec. 179. "Recovery", for purposes of environmental management laws, means obtaining materials or energy for commercial or industrial use from solid waste or hazardous waste.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-19.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-19-3-8 — Indiana Code / Title 13 / Article 19 / Chapter 3 / Section 13-19-3-8
Use of slag
Status: in_force

Sec. 8. The board may not adopt rules under section 1 of this chapter to regulate the following activities involving the legitimate use of slag generated by the production of iron or steel under Bureau of the Census Standard Industrial Classification 3312:

(1) Production of slag.

(2) Transportation of slag.

(3) Storage of slag.

(4) Processing of slag.

(5) Legitimate use of slag.

As added by P.L.257-2001, SEC.1.
Ind. Code § 13-20-4-10 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-10
Inspection of vehicles
Status: in_force

Sec. 10. (a) The department may inspect a vehicle for the purpose of determining compliance with this chapter.

(b) The department may:

(1) inspect a vehicle that is not moving; and

(2) not stop a vehicle that is in motion on a public highway (as defined in IC 9-25-2-4) only to conduct an inspection;

under subsection (a).

[Pre-1996 Recodification Citation: 13-7-31-13.5.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-25-4-8.4 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-8.4
Limits on liability of fiduciaries
Status: in_force

Sec. 8.4. (a) The liability of a fiduciary under this title for the release or threatened release of a hazardous substance at, from, or in connection with a vessel or facility held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity.

(b) Subsection (a) does not apply to the extent that a person is liable under this title independently of the person's ownership of a vessel or facility as a fiduciary or actions taken in a fiduciary capacity.

(c) Subsections (a) and (d) do not limit the liability pertaining to a release or threatened release of a hazardous substance if negligence of a fiduciary causes or contributes to the release or threatened release.

(d) A fiduciary is not liable in its personal capacity under this title for any of the following:

(1) Undertaking or directing another person to undertake a response action under 42 U.S.C. 9607(d)(1) or under the direction of an on-scene coordinator designated under the National Contingency Plan.

(2) Undertaking or directing another person to undertake other lawful means of addressing a hazardous substance in connection with the vessel or facility.

(3) Terminating the fiduciary relationship.

(4) Including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law, or monitoring, modifying, or enforcing the term or condition.

(5) Monitoring or undertaking at least one (1) inspection of the vessel or facility.

(6) Providing financial advice or other advice or counseling to other parties to the fiduciary relationship, including the settlor or beneficiary.

(7) Restructuring, renegotiating, or otherwise altering the terms and conditions of the fiduciary relationship.

(8) Administering, as a fiduciary, a vessel or facility that was contaminated before the fiduciary relationship began.

(9) Declining to take any of the actions referred to in subdivisions (2) through (8).

(e) This section does not apply to a person if the person:

(1) acts in a capacity other than:

(A) a fiduciary capacity; or

(B) a beneficiary capacity;

and, in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or

(2) is a beneficiary and a fiduciary with respect to the same fiduciary estate and, as a fiduciary, receives benefits that exceed customary or reasonable compensation and incidental benefits permitted under other applicable law.

(f) This section does not preclude a claim against the assets of the estate or trust administered by:

(1) the fiduciary; or

(2) a nonemployee agent or independent contractor retained by a fiduciary.

(g) This section does not:

(1) affect the rights, immunities, or other defenses that are available under:

(A) this title; or

(B) other law that is applicable to a person subject to this chapter; or

(2) create:

(A) any liability for a person; or

(B) a private right of action against a fiduciary or any other person.

As added by P.L.90-1998, SEC.26.
Ind. Code § 13-20-15-2 — Indiana Code / Title 13 / Article 20 / Chapter 15 / Section 13-20-15-2
Sale, manufacture, or use of PCB compound prohibited; maximum concentrations; exception; exemption
Status: in_force

Sec. 2. (a) Except as provided in subsections (e) and (f), a person may not:

(1) sell; or

(2) manufacture for sale;

in Indiana the compound PCB.

(b) Except as provided in subsections (c), (d), (e), and (f), a person may not:

(1) sell;

(2) manufacture for sale; or

(3) use;

an item, a product, or a material in the person's business in Indiana if the item, product, or material contains a concentration of PCB equal to or greater than one hundred (100) ppm.

(c) The board may adopt rules to prescribe a lower maximum concentration of PCB for a specific item, product, or material if the board finds the one hundred (100) ppm concentration provided in subsection (b) to be inadequate to protect the public health, safety, and welfare from the toxic dangers of the PCB contained in the item, product, or material.

(d) An item, a product, or a material for which a lower maximum concentration of PCB is prescribed by federal law or regulation may not contain a concentration of PCB higher than the federal maximum.

(e) PCB or an item, a product, or a material containing PCB may be:

(1) manufactured;

(2) sold for use; or

(3) used;

in Indiana if the PCB or item is used in a closed system as a dielectric fluid for an electric transformer or capacitor under rules adopted by the board to insure the public health, safety, and welfare.

(f) An item, a product, or a material containing PCB may be:

(1) manufactured for sale;

(2) sold for use; or

(3) used;

in a business in Indiana under an exemption certificate issued by the commissioner under section 3 of this chapter or IC 13-7-16.5-4 (before its repeal).

[Pre-1996 Recodification Citation: 13-7-16.5-3.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-2-9 — Indiana Code / Title 13 / Article 20 / Chapter 2 / Section 13-20-2-9
Requirement resulting from inaction on construction permit
Status: in_force

Sec. 9. (a) A person that:

(1) holds a valid construction permit that is issued under this chapter and authorizes construction for a facility that has not been substantially developed; and

(2) has not commenced construction within:

(A) five (5) years after the date of the permit; or

(B) another period established by rule or statute;

must apply for a new construction permit and meet the requirements of all applicable environmental laws existing at the time the new permit is sought.

(b) A person that:

(1) holds a valid construction permit that is issued under this chapter and authorizes construction at an operating facility; and

(2) has not commenced construction within:

(A) five (5) years after the date of the permit; or

(B) another period established by rule or statute;

must meet the requirements of all applicable environmental laws existing at the time construction is substantially commenced.

(c) The periods described in subsections (a) and (b) for a person to commence construction are tolled pending either of the following concerning the construction permit:

(1) An administrative appeal.

(2) A judicial review.

As added by P.L.205-2007, SEC.1.
Ind. Code § 13-20-10-10 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-10
Rules
Status: in_force

Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.

[Pre-1996 Recodification Citation: 13-7-35-10.]

As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.143.
Ind. Code § 13-11-2-265.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-265.2
"Waterway"
Status: in_force

Sec. 265.2. "Waterway", for purposes of IC 13-18-22-1, means a river, stream, ditch, canal, or other channel through which water may flow continuously or seasonally.

As added by P.L.247-2023, SEC.2.
Ind. Code § 13-19-4-2 — Indiana Code / Title 13 / Article 19 / Chapter 4 / Section 13-19-4-2
Requirement to submit permit disclosure statement or other information
Status: in_force

Sec. 2. Before 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 may be granted, the applicant and each person who is a responsible party with respect to the applicant must submit to the department:

(1) a disclosure statement that:

(A) meets the requirements set forth in section 3(a) of this chapter; and

(B) is executed under section 3(b) of this chapter; or

(2) all of the following information:

(A) The information concerning legal proceedings that:

(i) is required under Section 13 or 15(d) of the federal Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.); and

(ii) the applicant or responsible party has reported under form 10-K.

(B) A description of all judgments that:

(i) have been entered against the applicant or responsible party in a proceeding described in section 3(a)(3) of this chapter; and

(ii) have imposed upon the applicant or responsible party a fine or penalty described in section 3(a)(3)(A) of this chapter.

(C) A description of all judgments of conviction entered against the applicant or responsible party within five (5) years before the date of submission of the application for the violation of any state or federal environmental protection law.

(D) Any other related information to support the application requested by the department concerning either of the following:

(i) The applicant.

(ii) The responsible party.

[Pre-1996 Recodification Citation: 13-7-10.2-3(a).]

As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.5; P.L.114-2008, SEC.15.
Ind. Code § 13-30-3-7 — Indiana Code / Title 13 / Article 30 / Chapter 3 / Section 13-30-3-7
Final order; judicial review
Status: in_force

Sec. 7. A final order of an administrative law judge is subject to judicial review under IC 4-21.5-5.

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

As added by P.L.1-1996, SEC.20. Amended by P.L.128-2024, SEC.33.
Ind. Code § 13-15-3-1.3 — Indiana Code / Title 13 / Article 15 / Chapter 3 / Section 13-15-3-1.3
Military base permits
Status: in_force

Sec. 1.3. The department shall give priority to permit applications that concern:

(1) military bases; and

(2) the destruction, reclamation, recycling, reprocessing, or demilitarization of ordnance and other explosive materials.

As added by P.L.5-2005, SEC.3.
Ind. Code § 13-21-7-4 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-4
Hearing; remonstrance; final action
Status: in_force

Sec. 4. (a) At:

(1) the time fixed for the hearing; or

(2) any time before that;

any person owning real or personal property within the district may file a written remonstrance with the board.

(b) At the hearing, which may be adjourned as necessary, the board shall hear all persons interested in the proceedings and all remonstrances filed.

(c) After considering the remonstrances, the board shall:

(1) take final action determining the public utility and benefit of the proposed proceedings; and

(2) either:

(A) confirm;

(B) modify and confirm; or

(C) rescind;

the resolution.

(d) The final action of the board shall be recorded.

(e) The action of the board is final and conclusive upon all persons. However, any person who:

(1) has remonstrated in writing; and

(2) is aggrieved by the decision of the board;

may take an appeal as provided in section 5 of this chapter.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-21-4-8 — Indiana Code / Title 13 / Article 21 / Chapter 4 / Section 13-21-4-8
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-2.3-8.]

As added by P.L.1-1996, SEC.11. Repealed by P.L.74-2002, SEC.11.
Ind. Code § 13-11-2-81 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-81
"Fiduciary"
Status: in_force

Sec. 81. (a) "Fiduciary", for purposes of IC 13-23-13:

(1) means a person acting for the benefit of another party as a bona fide:

(A) trustee;

(B) executor;

(C) administrator;

(D) custodian;

(E) guardian of estates or guardian ad litem;

(F) receiver;

(G) conservator;

(H) committee of estates of incapacitated persons;

(I) personal representative;

(J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or

(K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and

(2) does not include:

(A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1) estate plan or because of the incapacity of a natural person; or

(B) a person that acquires ownership or control of an underground storage tank or aboveground storage tank with the objective purpose of avoiding liability of the person or another person.

(b) "Fiduciary", for purposes of IC 13-24-1:

(1) means a person acting for the benefit of another party as a bona fide:

(A) trustee;

(B) executor;

(C) administrator;

(D) custodian;

(E) guardian of estates or guardian ad litem;

(F) receiver;

(G) conservator;

(H) committee of estates of incapacitated persons;

(I) personal representative;

(J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or

(K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and

(2) does not include:

(A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1) estate plan or because of the incapacity of a natural person; or

(B) a person that acquires ownership or control of a petroleum facility with the purpose of avoiding liability of the person or of another person.

(c) "Fiduciary", for purposes of IC 13-25-4:

(1) means a person acting for the benefit of another party as a bona fide:

(A) trustee;

(B) executor;

(C) administrator;

(D) custodian;

(E) guardian of estates or guardian ad litem;

(F) receiver;

(G) conservator;

(H) committee of estates of incapacitated persons;

(I) personal representative;

(J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or

(K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and

(2) does not include:

(A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1) estate plan or because of the incapacity of a natural person; or

(B) a person that acquires ownership or control of a vessel or facility with the objective purpose of avoiding liability of the person or of another person.

[Pre-1996 Recodification Citations: 13-7-8.7-8(b); 13-7-20.1-14(b).]

As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.2; P.L.176-2023, SEC.15.
Ind. Code § 13-11-2-177.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-177.3
"Public water system"
Status: in_force

Sec. 177.3. "Public water system", for purposes of this chapter, IC 13-18-11, IC 13-18-16, IC 13-18-20.5, IC 13-18-26, and other environmental management laws, has the meaning set forth in 42 U.S.C. 300f.

As added by P.L.126-1997, SEC.5. Amended by P.L.132-1999, SEC.8; P.L.220-1999, SEC.1; P.L.14-2000, SEC.35; P.L.184-2002, SEC.3; P.L.224-2003, SEC.130; P.L.112-2015, SEC.8; P.L.72-2017, SEC.8; P.L.233-2017, SEC.19; P.L.189-2018, SEC.116; P.L.15-2019, SEC.10.
Ind. Code § 13-26-2-7 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-7
Objection; opportunity to be heard
Status: in_force

Sec. 7. A person or an eligible entity that resides or lies in or partially resides or lies in an area affected by the establishment of a district:

(1) may, on or before the date set for the cause to be heard, file a written objection to the granting of the requests made in the petition; and

(2) may be heard at the hearing.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-15-5-1.5 — Indiana Code / Title 13 / Article 15 / Chapter 5 / Section 13-15-5-1.5
Public hearing; notification to applicant
Status: in_force

Sec. 1.5. Not later than ten (10) days after the last day of a public comment period under this article or applicable rules of the board, the commissioner may decide, based on information received during the public comment period, to hold a public hearing before the issuance or denial of a permit. If the commissioner decides to hold a public hearing under this section, the department shall:

(1) immediately notify the applicant of the decision to hold the public hearing; and

(2) as soon as practicable, provide notice to the applicant and interested persons of the date, time, and location of the public hearing.

As added by P.L.66-2024, SEC.1. Amended by P.L.135-2026, SEC.124.
Ind. Code § 13-23-4-7 — Indiana Code / Title 13 / Article 23 / Chapter 4 / Section 13-23-4-7
Concurrence of Administrator of United States Environmental Protection Agency with actions of board or commissioner
Status: in_force

Sec. 7. The provisions of IC 13-11-2-241(d)(10) and sections 1(6) and 5(c) of this chapter requiring the concurrence of the Administrator of the United States Environmental Protection Agency for an action of the board or commissioner to be effective are nullified if the Administrator grants to the commissioner, under the program approved under Section 9004 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991c, as amended), the authority to take the action without the Administrator's specific concurrence.

[Pre-1996 Recodification Citation: 13-7-20-29.]

As added by P.L.1-1996, SEC.13. Amended by P.L.6-2014, SEC.2.
Ind. Code § 13-20-22-1 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-1
Fee for disposal or incineration of solid waste
Status: in_force

Sec. 1. (a) A fee is imposed on the disposal or incineration of solid waste in a final disposal facility in Indiana. Except as provided in section 14 of this chapter, the amount of the fee is as follows:

(1) For solid waste generated in Indiana, fifty cents ($0.50) a ton.

(2) For solid waste generated outside Indiana:

(A) fifty cents ($0.50) a ton; and

(B) if the board has adopted rules under subsection (b), an additional amount imposed under the rules.

(b) The board may adopt rules to establish and impose a fee on the disposal or incineration of solid waste that is:

(1) generated outside Indiana; and

(2) disposed of or incinerated in a final disposal facility in Indiana.

If rules are adopted under this subsection, the fee shall be set at an amount necessary to offset the costs incurred by the state or a county, municipality, or township that can be attributed to the importation of the solid waste into Indiana and the presence of the solid waste in Indiana.

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

(d) A fee may not be imposed upon material used as alternate daily cover under a permit issued by the department or a rule adopted by the board.

[Pre-1996 Recodification Citation: 13-9.5-5-1.]

As added by P.L.1-1996, SEC.10. Amended by P.L.45-1997, SEC.8; P.L.2-1998, SEC.49; P.L.131-2006, SEC.10; P.L.220-2014, SEC.9; P.L.250-2019, SEC.31; P.L.135-2026, SEC.207.
Ind. Code § 13-18-16-7.5 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-7.5
Duties of operator of public water system that uses surface water; information gathering
Status: in_force

Sec. 7.5. (a) For purposes of this section, "responsible person" means the person responsible for the operation of a public water system that uses surface water as a source of drinking water.

(b) A responsible person shall do the following or ensure that the following are done:

(1) Develop, maintain, and update a surface water quality threat minimization and response plan for the public water system for which the person is responsible. A plan developed under this subdivision must include the following:

(A) An identification of critical drinking water intake facilities, including specific locations of wells, intake structures, and critical drinking water distribution infrastructure.

(B) An identification of potential threats to raw water quality.

(C) An assessment of the risks posed by potential threats identified in clause (B).

(D) A communication, education, and risk minimization plan.

(E) An incident response plan.

A plan described in this subdivision, as well as its component parts, is confidential under IC 5-14-3-4(b)(19).

(2) With respect to a plan described in subdivision (1):

(A) Submit the plan to the department when the plan is developed.

(B) Submit an updated plan to the department every five (5) years thereafter.

(c) A responsible person may gather information from potential sources of contamination for the purpose of developing or updating a surface water quality threat minimization and response plan required by subsection (b)(1). The information gathered under this subsection may be excepted from inspection and copying under IC 5-14-3-4(a)(1), IC 5-14-3-4(a)(4), IC 5-14-3-4(a)(8), and IC 5-14-3-4(b)(19), depending on the circumstances pertaining to the information.

As added by P.L.112-2015, SEC.12. Amended by P.L.72-2017, SEC.10.
Ind. Code § 13-21-3-8 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-8
Board of directors of district; term
Status: in_force

Sec. 8. (a) This section does not apply to the members of a board of public works that constitutes the board of a county district under section 5(c) of this chapter.

(b) The term of office of a member of the board of a district who is appointed from the membership of an executive, legislative, or fiscal body under this chapter is coextensive with the member's term of office on that body. The term of office of other appointed members of the board is two (2) years.

(c) All members of the board serve at the pleasure of the appointing authority.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-14-13-4 — Indiana Code / Title 13 / Article 14 / Chapter 13 / Section 13-14-13-4
Department adoption of procedures for electronic signatures on electronic documents
Status: in_force

Sec. 4. (a) The department may adopt procedures that are consistent with federal law for compliance with this chapter to allow an applicant to submit an electronic document bearing the valid electronic signature of a signatory if that signatory would otherwise be required to sign the paper document for which the electronic document substitutes.

(b) The procedures adopted under subsection (a) may provide for electronic signature standards that are consistent with 40 CFR 3.

As added by P.L.114-2008, SEC.8. Amended by P.L.159-2011, SEC.18.
Ind. Code § 13-18-27-17 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-17
Trained individual to make or supervise making of determination concerning construction plan
Status: in_force

Sec. 17. (a) This section does not apply to an individual employed on July 1, 2019, to review and make conclusive determinations concerning construction plans submitted to an MS4 community.

(b) An individual who reviews and makes a conclusive determination concerning a construction plan submitted to an MS4 community must be:

(1) a trained individual; or

(2) an individual working under the direct supervision of a trained individual.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-26-2-9 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-9
Waiver of notice and hearing requirement
Status: in_force

Sec. 9. (a) If the department of natural resources has filed a petition, the commissioner may waive the requirement for notice and hearing provided in section 6 of this chapter.

(b) If the commissioner waives the notice and hearing requirement, the hearing officer shall give written notice in the manner provided under section 6(b)(2) or 6(b)(3) of this chapter. Each recipient of notice has thirty (30) days from the mailing of the notice within which to file objections or material with the hearing officer.

(c) The hearing officer shall then proceed to make findings and recommendations as provided in section 8 of this chapter, based upon any material:

(1) received by the hearing officer; or

(2) obtained at the hearing officer's discretion through the hearing officer's own investigation.

[Pre-1996 Recodification Citation: 13-3-2-6.]

As added by P.L.1-1996, SEC.16. Amended by P.L.263-2013, SEC.8.
Ind. Code § 13-20-15-7 — Indiana Code / Title 13 / Article 20 / Chapter 15 / Section 13-20-15-7
Violations; enforcement of chapter
Status: in_force

Sec. 7. (a) A person who violates this chapter is subject to the penalties imposed by the following:

(1) IC 13-30-4.

(2) IC 13-30-5.

(3) IC 13-30-8.

In addition, a person who violates this chapter may be subject to criminal prosecution under IC 13-30-10.

(b) This chapter may be enforced under IC 13-30-3 or IC 13-14-2-6.

[Pre-1996 Recodification Citation: 13-7-16.5-8.]

As added by P.L.1-1996, SEC.10. Amended by P.L.137-2007, SEC.19.
Ind. Code § 13-13-3-2 — Indiana Code / Title 13 / Article 13 / Chapter 3 / Section 13-13-3-2
Offices of the department
Status: in_force

Sec. 2. The department may include the following:

(1) An office of air quality.

(2) An office of water quality.

(3) An office of land quality.

(4) An office of legal counsel.

(5) An office of program support.

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

As added by P.L.1-1996, SEC.3. Amended by P.L.114-2008, SEC.5; P.L.135-2026, SEC.53.
Ind. Code § 13-20-22-4 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-4
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.1.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.10.
Ind. Code § 13-11-2-25.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-25.7
"Claimant"
Status: in_force

Sec. 25.7. "Claimant", as used in this chapter, IC 13-23-8, and IC 13-23-9, refers to a person that makes an ELTF claim.

As added by P.L.14-2001, SEC.2. Amended by P.L.96-2016, SEC.1.
Ind. Code § 13-17-6-4 — Indiana Code / Title 13 / Article 17 / Chapter 6 / Section 13-17-6-4
Asbestos trust fund; use of funds
Status: in_force

Sec. 4. The commissioner may use money in the fund to do the following:

(1) Pay the expenses of administration of the accreditation program established under section 1 of this chapter.

(2) Cover other costs related to implementation of the federal Asbestos Hazard Emergency Response Act of 1986 (15 U.S.C. 2641 et seq.).

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-28-1-2 — Indiana Code / Title 13 / Article 28 / Chapter 1 / Section 13-28-1-2
Purpose
Status: in_force

Sec. 2. The purpose of the office is the following:

(1) To assist regulated entities in achieving regulatory compliance.

(2) To promote cooperation between the department and regulated entities.

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

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-11-2-70.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-70.3
"Environmental legal action"
Status: in_force

Sec. 70.3. "Environmental legal action", for purposes of IC 13-30-9, means any legal action brought to recover reasonable costs associated with a removal or remedial action involving a hazardous substance or petroleum released into the surface or subsurface soil or groundwater that poses a risk to human health and the environment.

As added by P.L.59-1997, SEC.6.
Ind. Code § 13-18-9-5 — Indiana Code / Title 13 / Article 18 / Chapter 9 / Section 13-18-9-5
Attorney general; injunction proceedings
Status: in_force

Sec. 5. The attorney general shall, upon the request of the department, institute injunction proceedings to enjoin acts constituting a violation of this chapter.

[Pre-1996 Recodification Citation: 13-1-5.5-6.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-20-21-3 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-3
Application of fees
Status: in_force

Sec. 3. (a) Except as provided in subsections (b) and (c), for solid waste permits, the application fees are as follows:

New Permit or Major Modification

Fee

Construction\Demolition Site

$20,000

Restricted Waste Site

Type I

$31,300

Type II

$31,300

Type III

$20,000

Processing Facility

Transfer Station

$12,150

Other

$12,150

Incinerator

$28,650

Waste Tire Storage

Registration

$ 500

Waste Tire Processing

$ 200

Waste Tire

Transportation

$ 25

Permit Renewal

Construction\

Demolition Site

$ 7,150

Restricted Waste Site

Type I

$ 15,350

Type II

$ 15,350

Type III

$ 7,150

Processing Facility

Transfer Station

$ 2,200

Other

$ 2,200

Incinerator

$ 5,900

Waste Tire Processing

$ 200

Minor Modification

Minor Modification

$2,500

(b) The fee for:

(1) a new permit; or

(2) a permit for a major modification;

for a solid waste landfill not covered by subsection (a) is thirty-one thousand three hundred dollars ($31,300).

(c) The fee for a permit renewal for a solid waste landfill not covered by subsection (a) is fifteen thousand three hundred fifty dollars ($15,350).

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

As added by P.L.1-1996, SEC.10. Amended by P.L.159-2011, SEC.32.
Ind. Code § 13-28-3-7 — Indiana Code / Title 13 / Article 28 / Chapter 3 / Section 13-28-3-7
Small business stationary source technical assistance program
Status: in_force

Sec. 7. As part of the technical and compliance assistance program, 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).

As added by P.L.135-2026, SEC.292.
Ind. Code § 13-26-3-1 — Indiana Code / Title 13 / Article 26 / Chapter 3 / Section 13-26-3-1
Effect
Status: in_force

Sec. 1. (a) A district established in accordance with IC 19-3-1 (before its repeal) as a special district for any purpose provided in:

(1) IC 13-3-2 (before its repeal); or

(2) this article;

is considered to be a district under this article.

(b) Orders of the court and acts of the board of directors are valid if permitted by this article. The district shall function as a district the same as if the district were established under this article.

[Pre-1996 Recodification Citation: 13-3-2-29.]

As added by P.L.1-1996, SEC.16. Amended by P.L.201-2023, SEC.143.
Ind. Code § 13-11-2-262 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-262
"Water supply permit"
Status: in_force

Sec. 262. "Water supply permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a facility collecting, treating, or distributing water from:

(1) wells;

(2) reservoirs;

(3) lakes;

(4) rivers;

(5) sources of supply;

(6) pumps;

(7) mains;

(8) pipes;

(9) facilities; or

(10) structures;

through which potable water is obtained, treated as required, and provided to water users.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-12-2 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-2
Fee schedule; application fees
Status: in_force

Sec. 2. For hazardous waste, the application fees are as follows:

New Permit Application

Fee

Land Disposal

$40,600

Incinerator (per unit)

$21,700

Storage

$23,800

Treatment

$23,800

Permit Renewal or

Class 3 Modification

Land Disposal

$34,000

Incinerator

$21,700

Storage

$17,200

Treatment

$17,200

Class 2 Modification

Class 2 Modification

$ 2,250

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

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-13-8-7 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-7
Terms
Status: in_force

Sec. 7. (a) An appointed member of the board serves a term of four (4) years. A member may not serve more than two (2) consecutive terms.

(b) The term of each member of the board continues until a successor is appointed.

(c) If a vacancy occurs in the appointed membership of the board, the governor 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 4 of this chapter for the vacating member.

(d) The governor may remove an appointed member of the board at any time with or without cause.

As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.69.
Ind. Code § 13-17-6-7 — Indiana Code / Title 13 / Article 17 / Chapter 6 / Section 13-17-6-7
Onsite inspection of asbestos project
Status: in_force

Sec. 7. At least one (1) time each year, the department shall investigate the procedures employed by each licensed asbestos contractor with regard to the:

(1) abatement;

(2) removal;

(3) renovation;

(4) enclosure;

(5) repair; and

(6) encapsulation;

of asbestos containing material by conducting an inspection of the site of an asbestos project being carried out by the licensed asbestos contractor.

[Pre-1996 Recodification Citation: 13-1-1-19.]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-18-27-13 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-13
"Trained individual"
Status: in_force

Sec. 13. As used in this chapter, "trained individual" means an individual who is trained and experienced in the principles of storm water management, including erosion and sediment control, as demonstrated by:

(1) the completion of course work;

(2) state registration;

(3) professional certification; or

(4) annual training;

that enables the individual to make judgments concerning storm water management, storm water treatment, and storm water monitoring.

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-20-4-1 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-1
Exempted vehicles
Status: in_force

Sec. 1. This chapter does not apply to a vehicle used exclusively to transport municipal waste that is:

(1) generated by a person; and

(2) disposed of at a site that is:

(A) owned by the person; and

(B) for the purposes of solid waste disposal, may only be used by the person for the disposal of solid waste generated by the person.

[Pre-1996 Recodification Citation: 13-7-31-1.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-2-1 — Indiana Code / Title 13 / Article 20 / Chapter 2 / Section 13-20-2-1
Financial statement
Status: in_force

Sec. 1. Before an original permit for the construction or operation of a landfill may be granted, the applicant must submit a statement of financial position that meets the following requirements:

(1) The statement must have been prepared in accordance with generally accepted accounting principles.

(2) The statement must have been audited by an independent certified public accountant.

(3) The accountant referred to in subdivision (2) must have issued an unqualified opinion as to the statement.

(4) The statement must indicate that, at the end of the calendar year or fiscal year immediately preceding the year in which the permit would be issued, the applicant had a positive net worth of at least two hundred fifty thousand dollars ($250,000).

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

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-213 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-213
"Source"
Status: in_force

Sec. 213. "Source", for purposes of IC 13-17-3, means an aggregation of one (1) or more facilities that are:

(1) located on:

(A) one (1) piece of property; or

(B) contiguous or adjacent properties; and

(2) owned, operated, or controlled by the same person.

[Pre-1996 Recodification Citation: 13-10-4-1(a)(3).]

As added by P.L.1-1996, SEC.1. Amended by P.L.166-2002, SEC.1; P.L.135-2026, SEC.36.
Ind. Code § 13-15-4-17 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-17
Notice of applicant's alternatives before expiration of period
Status: repealed

Sec. 17. (a) Any time before a period specified under sections 1 through 6 of this chapter has expired, the commissioner may do the following:

(1) Notify an applicant that the commissioner does not believe that the commissioner will be able to approve or deny a permit application filed with the department before the time specified in sections 1 through 6 of this chapter expires.

(2) Offer to the applicant and allow the applicant to accept one (1) of the following options:

(A) The applicant may submit to the department a draft permit and any legally required supporting technical justification within a period agreed to by the applicant and the commissioner.

(B) The department may hire a qualified consultant at the applicant's cost to:

(i) complete the review of the application; and

(ii) prepare a draft permit and any legally required supporting technical justification.

(b) If the applicant submits a draft permit and supporting documentation on time under subsection (a)(2)(A) or elects to fund the hiring of a consultant under subsection (a)(2)(B), the commissioner shall issue or deny the permit within the period specified under sections 1 through 6 of this chapter. If the commissioner does not make a decision within the period specified:

(1) the department shall refund to the applicant:

(A) the permit application fee paid by the applicant; and

(B) any consultant's fees paid by the applicant;

(2) if a consultant has been hired by the department and has not submitted a draft permit to the department, the consultant shall submit the draft permit and any required supporting technical justification to the department not later than fifteen (15) working days after the expiration of the period specified in sections 1 through 6 of this chapter; and

(3) the commissioner shall approve, with or without revision, or deny the draft permit submitted by the applicant or a consultant within the period specified under section 16(b) or 16(c) of this chapter.

[Pre-1996 Recodification Citation: 13-7-10.1-11.]

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-11-2-196.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-196.5
"Scrap metal processor"
Status: in_force

Sec. 196.5. (a) "Scrap metal processor", for purposes of this chapter, means a private, commercial, or governmental enterprise:

(1) that has facilities for processing iron, steel, or nonferrous scrap; and

(2) whose principal product is scrap iron, scrap steel, or nonferrous scrap for sale for remelting purposes.

(b) The term does not include a steel mill.

As added by P.L.170-2006, SEC.12. Amended by P.L.112-2016, SEC.13.
Ind. Code § 13-23-11-2 — Indiana Code / Title 13 / Article 23 / Chapter 11 / Section 13-23-11-2
Members
Status: in_force

Sec. 2. (a) The board consists of the following ten (10) members:

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

(2) One (1) member nominated by the treasurer of state in consultation with the commissioner of the department of state revenue.

(3) One (1) member representing the independent petroleum wholesale distributor-marketer industry.

(4) One (1) member representing the petroleum refiner-supplier industry.

(5) One (1) member of the financial lending community who has experience with loan guaranty programs.

(6) One (1) member representing the convenience store operator industry or independent petroleum retail distributor-marketer industry.

(7) One (1) member representing environmental interests.

(8) One (1) member representing an environmental consulting firm that performs work involving underground storage tank or aboveground storage tank corrective actions.

(9) One (1) member representing the property and casualty insurance industry.

(10) One (1) member representing airports.

(b) The governor shall appoint the members specified in subsection (a)(2) through (a)(10) for terms of four (4) years.

(c) The governor may consider nomination and recommendations for members appointed under subsection (a)(2) through (a)(10) from representative constituencies.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.4; P.L.113-2014, SEC.78; P.L.200-2017, SEC.16; P.L.176-2023, SEC.46; P.L.135-2026, SEC.245.
Ind. Code § 13-20-22-15 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-15
Fee collection; determination of weight of solid waste
Status: in_force

Sec. 15. (a) For purposes of the collection of the fees imposed under section 1 of this chapter, the owner or operator of a final disposal facility that:

(1) receives, on the average, less than two hundred (200) tons of solid waste each day; and

(2) does not have a scale suitable for weighing the solid waste received at the final disposal facility;

may determine the weight of the solid waste received by conversion from the volume of the solid waste.

(b) The owner or operator shall apply the following conversion factors:

(1) Three and three-tenths (3.3) cubic yards of compacted solid waste equals one (1) ton of solid waste.

(2) Six (6) cubic yards of uncompacted solid waste equals one (1) ton of solid waste.

[Pre-1996 Recodification Citation: 13-9.5-5-7.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-174 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-174
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22.5-6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.127-1997, SEC.1. Repealed by P.L.113-2014, SEC.55.
Ind. Code § 13-11-2-77.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-77.8
"Federal CCR rule"
Status: in_force

Sec. 77.8. "Federal CCR rule", for purposes of IC 13-19-3, has the meaning set forth in IC 13-19-3-3(b).

As added by P.L.100-2021, SEC.4.
Ind. Code § 13-11-2-15.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-15.3
"AST"
Status: in_force

Sec. 15.3. "AST", as used in this chapter and IC 13-23, refers to an aboveground storage tank (as defined in section 0.4 of this chapter).

As added by P.L.176-2023, SEC.6.
Ind. Code § 13-25-6-2 — Indiana Code / Title 13 / Article 25 / Chapter 6 / Section 13-25-6-2
Reasonable and necessary expenses; emergency response; reimbursement
Status: in_force

Sec. 2. The persons who are responsible parties in connection with a hazardous materials emergency shall reimburse:

(1) an emergency response agency; or

(2) the governmental entity served by an emergency response agency;

for reasonable and necessary expenses incurred by the emergency response agency in taking emergency action at or near the scene of the hazardous materials emergency.

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

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-23-9-4 — Indiana Code / Title 13 / Article 23 / Chapter 9 / Section 13-23-9-4
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20-40.]

As added by P.L.1-1996, SEC.13. Amended by P.L.25-1997, SEC.15; P.L.96-2016, SEC.37; P.L.128-2024, SEC.28. Repealed by P.L.135-2026, SEC.244.
Ind. Code § 13-30-7-7 — Indiana Code / Title 13 / Article 30 / Chapter 7 / Section 13-30-7-7
Rules
Status: in_force

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

(1) The board.

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

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

As added by P.L.1-1996, SEC.20. Amended by P.L.133-2012, SEC.161; P.L.176-2023, SEC.69.
Ind. Code § 13-20-9-4 — Indiana Code / Title 13 / Article 20 / Chapter 9 / Section 13-20-9-4
Emergency resolution authorizing use of landfill
Status: in_force

Sec. 4. If an emergency exists, the county executive of a county may, by resolution or order:

(1) waive the prohibition under section 2 of this chapter; and

(2) allow vegetative matter resulting from landscaping maintenance and land clearing projects to be deposited in the solid waste landfill;

for not more than ninety (90) days.

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

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-49.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-49.5
"Decision"
Status: in_force

Sec. 49.5. "Decision", for purposes of IC 13-14-2-10, includes standards, permits, enforcement actions, and clean up levels.

As added by P.L.135-2026, SEC.16.
Ind. Code § 13-30-10-1.5 — Indiana Code / Title 13 / Article 30 / Chapter 10 / Section 13-30-10-1.5
Offenses involving hazardous waste management, air pollution control, or water pollution control
Status: in_force

Sec. 1.5. (a) Except as provided in subsection (b), a person regulated under IC 13-22 who knowingly:

(1) transports hazardous waste to an unpermitted facility;

(2) treats, stores, or disposes of hazardous waste without a permit issued by the department under IC 13-22; or

(3) transports, treats, stores, disposes, recycles, or causes to be transported used oil regulated under rules adopted by the board without a manifest or in violation of the standards established by the department for the management of used oil;

commits a Class B misdemeanor.

(b) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (a) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.

(c) Except as provided in subsection (d), a person regulated under IC 13-17 who knowingly violates:

(1) any applicable requirements of IC 13-17-4, IC 13-17-5, IC 13-17-6, IC 13-17-8, IC 13-17-9, IC 13-17-10, or IC 13-17-13 or of rules of the board implementing the chapters referred to in this subdivision;

(2) any condition of a permit issued by the department under IC 13-17; or

(3) any fee or filing requirement in IC 13-17, including the requirement to file an application for a permit under IC 13-17;

commits a Class C misdemeanor.

(d) Notwithstanding the maximum fine provisions of IC 35-50-3-4, criminal fines for a person convicted of an offense described in subsection (c) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.

(e) Except as provided in subsection (f), a person who willfully or negligently violates:

(1) any applicable standards or limitations of IC 13-18-3-2.4, IC 13-18-4-5, IC 13-18-12, IC 13-18-14, IC 13-18-15, or IC 13-18-16 or of rules of the board implementing the chapters referred to in this subdivision;

(2) any condition of a National Pollutant Discharge Elimination System permit issued by the department under IC 13-18-19 or rules adopted by the board under IC 13-18-19;

(3) any National Pollutant Discharge Elimination System Permit filing requirement under IC 13-18-19; or

(4) any condition of a permit issued by the department in accordance with the requirements of 33 U.S.C. 1344;

commits a Class A misdemeanor.

(f) Notwithstanding the maximum fine provisions of IC 35-50-3-2, criminal fines for a person convicted of an offense described in subsection (e) shall be assessable in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation.

(g) A person who willfully or recklessly violates any applicable standards or limitations of IC 13-18-8 commits a Class B misdemeanor.

(h) A person who willfully or recklessly violates any applicable standards or limitations of IC 13-18-9, IC 13-18-10, or IC 13-18-10.5 commits a Class C misdemeanor.

(i) A person who:

(1) knowingly commits any act described in subsection (a), (c), or (e); and

(2) knows that commission of the act places another person in imminent danger of death or serious bodily injury;

commits a Level 4 felony. However, the offense is a Level 3 felony if it results in serious bodily injury to any person, and a Level 2 felony if it results in the death of any person.

(j) It shall be a defense to an offense described in subsection (i) that the person charged:

(1) did not know; or

(2) could not reasonably have been expected to know;

that the violation would place another person in imminent danger or threat of serious bodily injury. For the purposes of subsection (i), a person is responsible only for the person's own actual awareness or actual belief, and knowledge by another person may not be attributed to the person.

(k) The penalties under this section apply regardless of whether a person uses electronic submissions or paper documents to accomplish the actions described in this section.

As added by P.L.114-2008, SEC.26. Amended by P.L.57-2009, SEC.2; P.L.158-2013, SEC.196; P.L.181-2018, SEC.14; P.L.135-2026, SEC.299.
Ind. Code § 13-14-9-7 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-7
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.4. Repealed by P.L.249-2023, SEC.58.
Ind. Code § 13-17-8-9 — Indiana Code / Title 13 / Article 17 / Chapter 8 / Section 13-17-8-9
Annual accounting
Status: in_force

Sec. 9. The commissioner shall provide the Administrator of the United States Environmental Protection Agency with an annual accounting of:

(1) the receipt of operating permit fees; and

(2) the expenditure of money in the fund under this chapter;

to demonstrate that operating permit fees are used solely to support the operating permit program.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-21-14-9 — Indiana Code / Title 13 / Article 21 / Chapter 14 / Section 13-21-14-9
Exception for transfer station
Status: in_force

Sec. 9. A district may not exercise its authority under this chapter to impose a fee on the:

(1) owner of real or personal property that is used solely as a transfer station; or

(2) operation of a transfer station.

As added by P.L.130-1996, SEC.1.
Ind. Code § 13-26-5-2 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-2
Powers
Status: in_force

Sec. 2. A district may do the following:

(1) Sue or be sued.

(2) Make contracts in the exercise of the rights, powers, and duties conferred upon the district.

(3) Adopt and alter a seal and use the seal by causing the seal to be impressed, affixed, reproduced, or otherwise used. However, the failure to affix a seal does not affect the validity of an instrument.

(4) Adopt, amend, and repeal the following:

(A) Bylaws for the administration of the district's affairs.

(B) Rules and regulations for the following:

(i) The control of the administration and operation of the district's service and facilities.

(ii) The exercise of all of the district's rights of ownership.

(5) Construct, acquire, lease, operate, or manage works and obtain rights, easements, licenses, money, contracts, accounts, liens, books, records, maps, or other property, whether real, personal, or mixed, of a person or an eligible entity.

(6) Assume in whole or in part any liability or obligation of:

(A) a person;

(B) a nonprofit water, sewage, or solid waste project system; or

(C) an eligible entity;

including a pledge of part or all of the net revenues of a works to the debt service on outstanding bonds of an entity in whole or in part in the district and including a right on the part of the district to indemnify and protect a contracting party from loss or liability by reason of the failure of the district to perform an agreement assumed by the district or to act or discharge an obligation.

(7) Fix, alter, charge, and collect reasonable rates and other charges in the area served by the district's facilities to every person whose premises are, whether directly or indirectly, supplied with water or provided with sewage or solid waste services by the facilities for the purpose of providing for the following:

(A) The payment of the expenses of the district.

(B) The construction, acquisition, improvement, extension, repair, maintenance, and operation of the district's facilities and properties.

(C) The payment of principal or interest on the district's obligations.

(D) To fulfill the terms of agreements made with:

(i) the purchasers or holders of any obligations; or

(ii) a person or an eligible entity.

(8) Except as provided in sections 2.5 and 2.6 of this chapter, require connection to the district's sewer system of property producing sewage or similar waste, and require the discontinuance of use of privies, cesspools, septic tanks, and similar structures if:

(A) there is an available sanitary sewer within three hundred (300) feet of:

(i) the property line, if the property is adjacent to a body of water, including a lake, river, or reservoir;

(ii) any part of a subdivision, or land that is divided or proposed to be divided into lots, whether contiguous or subject to zoning requirements, for the purpose of sale or lease as part of a larger common plan of development or sale; or

(iii) for all other properties, the improvement or other structure from which the sewage or similar waste is discharged;

(B) the district has given written notice by certified mail to the property owner at the address of the property at least ninety (90) days before a date for connection to be stated in the notice and the notice includes a list of the applicable exemptions from connecting to the sewer system available to the property owner that are described in section 2.5 of this chapter; and

(C) if the property is located outside the district's territory:

(i) the district has obtained and provided to the property owner (along with the notice required by clause (B)) a letter of recommendation from the local health department that there is a possible threat to the public's health; and

(ii) if the property is also located within the extraterritorial jurisdiction of a municipal sewage works under IC 36-9-23 or a public sanitation department under IC 36-9-25, the municipal works board or department of public sanitation has acknowledged in writing that the property is within the municipal sewage works or department of public sanitation's extraterritorial jurisdiction, but the municipal works board or department of public sanitation is unable to provide sewer service.

However, a district may not require the owner of a property described in this subdivision to connect to the district's sewer system if the property is already connected to a sewer system that has received an NPDES permit and has been determined to be functioning satisfactorily.

(9) Provide by ordinance for a reasonable penalty, not to exceed one hundred dollars ($100) per day, for failure to connect and also apply to the circuit or superior court of the county in which the property is located for an order to force connection, with the cost of the action, including reasonable attorney's fees of the district, to be assessed by the court against the property owner in the action.

(10) Refuse the services of the district's facilities if the rates or other charges are not paid by the user.

(11) Control and supervise all property, works, easements, licenses, money, contracts, accounts, liens, books, records, maps, or other property rights and interests conveyed, delivered, transferred, or assigned to the district.

(12) Construct, acquire by purchase or otherwise, operate, lease, preserve, and maintain works considered necessary to accomplish the purposes of the district's establishment within or outside the district and enter into contracts for the operation of works owned, leased, or held by another entity, whether public or private.

(13) Hold, encumber, control, acquire by donation, purchase, or condemnation, construct, own, lease as lessee or lessor, use, and sell interests in real and personal property or franchises within or outside the district for:

(A) the location or protection of works;

(B) the relocation of buildings, structures, and improvements situated on land required by the district or for any other necessary purpose; or

(C) obtaining or storing material to be used in constructing and maintaining the works.

(14) Upon consent of two-thirds (2/3) of the members of the board, merge or combine with another district into a single district on terms so that the surviving district:

(A) is possessed of all rights, franchises, and authority of the constituent districts; and

(B) is subject to all the liabilities, obligations, and duties of each of the constituent districts, with all rights of creditors of the constituent districts being preserved unimpaired.

(15) Provide by agreement with another eligible entity for the joint construction of works the district is authorized to construct if the construction is for the district's own benefit and that of the other entity. For this purpose the cooperating entities may jointly appropriate land either within or outside their respective borders if all subsequent proceedings, actions, powers, liabilities, rights, and duties are those set forth by statute.

(16) Enter into contracts with a person, an eligible entity, the state, or the United States to provide services to the contracting party for any of the following:

(A) The distribution or purification of water.

(B) The collection or treatment of sanitary sewage.

(C) The collection, disposal, or recovery of solid waste.

(17) Make provision for, contract for, or sell the district's byproducts or waste.

(18) Exercise the power of eminent domain, including for purposes of siting sewer or water utility infrastructure, but only after the district attempts to use existing public rights-of-way or easements.

(19) Remove or change the location of a fence, building, railroad, canal, or other structure or improvement located within or outside the district. If:

(A) it is not feasible or economical to move the building, structure, or improvement situated in or upon land acquired; and

(B) the cost is determined by the board to be less than that of purchase or condemnation;

the district may acquire land and construct, acquire, or install buildings, structures, or improvements similar in purpose to be exchanged for the buildings, structures, or improvements under contracts entered into between the owner and the district.

(20) Employ consulting engineers, superintendents, managers, and other engineering, construction, and accounting experts, attorneys, bond counsel, employees, and agents that are necessary for the accomplishment of the district's purpose and fix their compensation.

(21) Procure insurance against loss to the district by reason of damages to the district's properties, works, or improvements resulting from fire, theft, accident, or other casualty or because of the liability of the district for damages to persons or property occurring in the operations of the district's works and improvements or the conduct of the district's activities.

(22) Exercise the powers of the district without obtaining the consent of other eligible entities. However, the district shall:

(A) restore or repair all public or private property damaged in carrying out the powers of the district and place the property in the property's original condition as nearly as practicable; or

(B) pay adequate compensation for the property.

(23) Dispose of, by public or private sale or lease, real or personal property determined by the board to be no longer necessary or needed for the operation or purposes of the district.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.193-2001, SEC.2; P.L.221-2007, SEC.18; P.L.1-2009, SEC.110; P.L.97-2012, SEC.9; P.L.178-2013, SEC.2; P.L.232-2023, SEC.2.
Ind. Code § 13-11-2-212 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-212
"Solid waste processing facility"
Status: in_force

Sec. 212. (a) "Solid waste processing facility", for purposes of IC 13-19-3-8.2, IC 13-19-4, IC 13-20-1, IC 13-20-4, and IC 13-20-6, and subject to subsection (b), means a facility at which at least one (1) of the following is located:

(1) A solid waste incinerator.

(2) A transfer station.

(3) A solid waste baler.

(4) A solid waste shredder.

(5) A resource recovery system.

(6) A composting facility.

(7) A garbage grinding system.

(8) A medical or an infectious waste treatment facility.

(9) A solid waste solidification facility that is not located on an operating, permitted landfill.

(10) A facility that uses plasma arc or another source of heat to treat solid waste.

(b) The term "solid waste processing facility" does not include the following:

(1) A facility or operation that generates solid waste.

(2) An advanced recycling facility.

(3) A facility that:

(A) processes solely:

(i) biomass, appropriate feedstock, or recyclable material; or

(ii) a mixture of the materials described in item (i); and

(B) is located at a permitted beneficial use facility or an anaerobic digestion facility or gasification facility.

[Pre-1996 Recodification Citations: 13-7-10.5-7; 13-7-31-5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.218-2001, SEC.5; P.L.1-2002, SEC.65; P.L.154-2005, SEC.3; P.L.54-2023, SEC.15; P.L.135-2026, SEC.35.
Ind. Code § 13-26-4-4 — Indiana Code / Title 13 / Article 26 / Chapter 4 / Section 13-26-4-4
Number of trustees; appointments by the governor or commissioner of the department of correction
Status: in_force

Sec. 4. (a) If:

(1) a district will include territory in more than one (1) county;

(2) a county executive has filed a petition for a district including territory owned, leased, or controlled by the department of natural resources; or

(3) the department of natural resources has filed a petition;

the order establishing the district may provide that the governor appoints any number of trustees, but less than one-half (1/2) of the total.

(b) If a district contains or a proposed district will contain a state correctional facility, the department, when:

(1) issuing an order establishing the district under IC 13-26-2-10; or

(2) approving or modifying a petition filed by the district's board of trustees under IC 13-26-1-2;

may allow for the appointment of one (1) member of the board of trustees of the district by the commissioner of the department of correction.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.101-2003, SEC.3.
Ind. Code § 13-11-2-173 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-173
"Project"
Status: in_force

Sec. 173. "Project", for purposes of IC 13-20-20, refers to a household hazardous waste collection and disposal project.

[Pre-1996 Recodification Citation: 13-7-33-4.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-25-2-13 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-13
Duty to release chemical identity information
Status: in_force

Sec. 13. (a) An owner or operator of a facility that is subject to the requirements of section 8, 9, 10, or 11 of this chapter shall provide the specific chemical identity, if known, of a hazardous chemical or extremely hazardous substance to any health professional who requests the information in writing if the health professional provides a written statement of need under this section and a written confidentiality agreement under subsection (e). The written statement of need must specify that the health professional has a reasonable basis to suspect that:

(1) the information is needed for purposes of diagnosis or treatment of an individual;

(2) the individual or individuals being diagnosed or treated have been exposed to the chemical concerned; and

(3) knowledge of the specific chemical identity of the chemical will assist in diagnosis or treatment.

After receiving a written request under this subsection, the owner or operator to whom the request is made shall promptly provide the requested information to the health professional. Except as provided under subsection (e), the authority to withhold the specific chemical identity of a chemical under section 12 of this chapter when the information is a trade secret does not apply to information required to be provided under this subsection.

(b) An owner or operator of a facility that is subject to the requirements of section 8, 9, 10, or 11 of this chapter shall provide a copy of a material safety data sheet or an inventory form, including the specific chemical identity, if known, of a hazardous chemical or extremely hazardous substance to any treating physician or nurse who requests the information if the physician or nurse determines that:

(1) a medical emergency exists;

(2) the specific chemical identity of the chemical concerned is necessary for or will assist in emergency or first-aid diagnosis or treatment; and

(3) the individual or individuals being diagnosed or treated have been exposed to the chemical concerned.

Immediately after receiving a request under this subsection, the owner or operator to whom the request is made shall provide the requested information to the physician or nurse. The authority to withhold the specific chemical identity of a chemical from a material safety data sheet or an inventory form under section 12 of this chapter when the information is a trade secret does not apply to information required to be provided to a treating physician or nurse under this subsection. A written confidentiality agreement or statement of need is not required as a precondition of the disclosure. However, the owner or operator disclosing the information may require a written confidentiality agreement in accordance with subsection (e) and a statement setting forth the items listed in subdivisions (1) through (3) as soon as circumstances permit.

(c) An owner or operator of a facility subject to the requirements of section 8, 9, 10, or 11 of this chapter shall provide the specific chemical identity, if known, of a hazardous chemical or an extremely hazardous substance to any health professional, including a physician, toxicologist, or epidemiologist who:

(1) is a local government employee or a person under contract with the local government; and

(2) requests the information in writing and provides a written statement of need under subsection (d) and a written confidentiality agreement under subsection (e).

After receiving a written request under this subsection, the owner or operator to whom the request is made shall promptly provide the requested information to the local health professional. Except as provided in subsection (e), the authority to withhold the specific chemical identity of a chemical under section 12 of this chapter when the information is a trade secret does not apply to information required to be provided under this subsection.

(d) The written statement of need described in subsection (c) must describe with reasonable detail at least one (1) of the following health needs for the information:

(1) To assess exposure of persons living in a local community to the hazards of the chemical concerned.

(2) To conduct or assess sampling to determine exposure levels of various population groups.

(3) To conduct periodic medical surveillance of exposed population groups.

(4) To provide medical treatment to exposed individuals or population groups.

(5) To conduct studies to determine the health effects of exposure.

(6) To conduct studies to aid in the identification of a chemical that may reasonably be anticipated to cause an observed health effect.

(e) A person who obtains information under subsection (a) or (c) shall, in accordance with subsection (a) or (c), agree in a written confidentiality agreement that the person will not use the information for any purpose other than the health needs asserted in the statement of need, except as may otherwise be authorized by the terms of the agreement or by the person providing the information. This subsection does not preclude the parties to a confidentiality agreement from pursuing any remedy to the extent permitted by law.

[Pre-1996 Recodification Citation: 13-7-37-18.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-18-19-3 — Indiana Code / Title 13 / Article 18 / Chapter 19 / Section 13-18-19-3
Community water system that draws from and discharges into Ohio River; exemption from effluent limitation for mercury
Status: in_force

Sec. 3. (a) Subsection (b) applies to a community water system, as defined in IC 13-11-2-35.5(a), that:

(1) draws water from the Ohio River;

(2) discharges wastewater into the Ohio River; and

(3) demonstrates to the satisfaction of the department that the wastewater discharged by the community water system into the Ohio River does not increase the mass of mercury in the Ohio River by an amount greater than the mass of mercury in the water withdrawn by the community water system from the Ohio River.

(b) If a community water system described in subsection (a) applies for a National Pollutant Discharge Elimination System (NPDES) permit or renewal:

(1) the discharge into the Ohio River of the community water system described in subsection (a) shall not be considered to cause, have a reasonable potential to cause, or contribute to an excursion above any applicable water quality standard governing mercury in the Ohio River that is established under rules adopted by the board; and

(2) no water quality-based effluent limitation for mercury shall be required in the permit or renewal.

As added by P.L.116-2023, SEC.2.
Ind. Code § 13-21-5-11 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-11
Requirements of plan
Status: in_force

Sec. 11. A district plan must include the following:

(1) The results of a demographic study of the district predicting the population of the district:

(A) five (5) years;

(B) ten (10) years; and

(C) twenty (20) years;

after the year the district plan is adopted.

(2) A:

(A) description of the origin, content, and weight or volume of the solid waste to be generated in the district at the time of the development of the district plan; and

(B) projection of the origin, content, and weight or volume of the solid waste to be generated in the district:

(i) five (5) years;

(ii) ten (10) years; and

(iii) twenty (20) years;

after the year the district plan is adopted.

(3) An inventory and description of the following:

(A) The facilities located within the district.

(B) The solid waste management activities taking place within the district.

(4) A statement identifying and assessing solid waste problems that:

(A) exist in the district at the time of the development of the district plan; and

(B) may exist in the district in the future.

(5) A:

(A) projection of the need for; and

(B) description of;

facilities in the district five (5) years, ten (10) years, and twenty (20) years after the year the district plan is adopted.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-14-1 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-1
Disposal at solid waste landfills
Status: in_force

Sec. 1. (a) Except as provided in:

(1) rules adopted under subsection (d); and

(2) section 10 of this chapter;

a whole waste tire may not be disposed of at a solid waste landfill.

(b) The department may approve shredded or ground up tires for use as daily cover for a solid waste landfill.

(c) Material approved under subsection (b) is exempt from IC 13-20-22 and IC 13-21-13.

(d) The board may adopt rules that allow for the incidental disposal of small amounts of whole waste tires at solid waste landfills.

(e) The rules adopted under subsection (d) may allow a landfill operator to meet the requirements of the rule by employing procedures designed to achieve the objectives of subsection (d) in lieu of a numeric standard.

[Pre-1996 Recodification Citation: 13-7-23.2-9.3.]

As added by P.L.1-1996, SEC.10. Amended by P.L.123-1996, SEC.13; P.L.132-1997, SEC.1; P.L.133-2012, SEC.145; P.L.135-2026, SEC.200.
Ind. Code § 13-21-9-7 — Indiana Code / Title 13 / Article 21 / Chapter 9 / Section 13-21-9-7
Approvals and permits
Status: in_force

Sec. 7. The user or developer is responsible for obtaining and maintaining all approvals and permits required for the construction of the facilities under this chapter.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-13-3 — Indiana Code / Title 13 / Article 20 / Chapter 13 / Section 13-20-13-3
Certificate of registration
Status: in_force

Sec. 3. (a) The commissioner shall issue a waste tire storage site or waste tire processing operation certificate of registration to a person that owns or operates a waste tire storage site or waste tire processing operation if the person complies with the requirements of this chapter and rules adopted by the board under section 11 of this chapter.

(b) A certificate of registration issued under this section expires five (5) years after the date the certificate is issued.

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

(1) this chapter; and

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

including a compliance schedule.

(d) The department may deny an application for a certificate of registration under this chapter if:

(1) the application is incomplete;

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

(A) this chapter;

(B) IC 13-20-14; or

(C) a rule adopted by the board under section 11 of this chapter; or

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

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

As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.7; P.L.135-2026, SEC.196.
Ind. Code § 13-22-12-3.5 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-3.5
Fees for disposal of hazardous waste
Status: in_force

Sec. 3.5. (a) For the disposal of hazardous waste in Indiana, the fees are as follows:

(1) For hazardous waste disposed of in a disposal facility, eleven dollars and fifty cents ($11.50) per ton. If hazardous waste is mixed with or dissolved or suspended in water or another liquid at the time it is disposed of in a disposal facility, the entire mixture, solution, or suspension disposed of is considered hazardous waste disposed of in a disposal facility for the purposes of this subdivision.

(2) For hazardous waste disposed of by underground injection, eleven dollars and fifty cents ($11.50) per ton. However, a person required to pay disposal fees under this subdivision is not liable for more than twenty-five thousand dollars ($25,000) in disposal fees under this subdivision for all hazardous waste disposed of by the person by underground injection in one (1) calendar year.

(b) Fees imposed under subsection (a)(1) shall be paid by the operator of the disposal facility at which the hazardous waste is disposed of. For hazardous waste disposed of by underground injection at a location other than a disposal facility, the fee imposed on the disposal of the hazardous waste under subsection (a)(2) shall be paid by the person disposing of the hazardous waste.

(c) Fees imposed under this section begin accruing on January 1 of each year. The fees that accrue under this section during a calendar year shall be paid to the department on or before March 1 of the following year.

(d) The fees imposed under this section shall be based on the total tonnage of hazardous waste disposed of. The fees do not apply to the treatment or storage of hazardous waste in a disposal facility.

(e) The fees paid to the department under this section shall be deposited and paid over as provided in section 3.6 of this chapter.

As added by P.L.220-2014, SEC.23. Amended by P.L.147-2015, SEC.22.
Ind. Code § 13-20-6-7 — Indiana Code / Title 13 / Article 20 / Chapter 6 / Section 13-20-6-7
Inspection of transfer stations; fees
Status: in_force

Sec. 7. (a) The department shall establish a uniform transfer station inspection program to protect the health of the residents of Indiana and the environment of Indiana:

(1) for transfer stations located:

(A) inside Indiana; and

(B) outside Indiana;

that receive municipal waste and that engage in waste transfer activities; and

(2) under rules adopted by the board.

(b) The board shall establish fees payable by the transfer stations inspected. The amount of a fee imposed for the inspection of a transfer station may not exceed the cost of time and materials directly expended by:

(1) the department; or

(2) a contractor hired by the department;

for conducting the inspection of the transfer station.

[Pre-1996 Recodification Citation: 13-7-10.5-16.]

As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.138.
Ind. Code § 13-21-14-1 — Indiana Code / Title 13 / Article 21 / Chapter 14 / Section 13-21-14-1
Additional waste management fees
Status: in_force

Sec. 1. (a) A board:

(1) may; and

(2) if necessary to pay principal or interest on any bonds issued under this article or IC 13-9.5-9 (repealed), shall;

establish solid waste management fees in addition to fees imposed under IC 13-21-13 or IC 13-9.5-7 (before its repeal) that apply to all persons owning real property or generating solid waste within the district who are benefited by solid waste management, solid waste collection, a facility for solid waste disposal, or a facility for solid waste processing.

(b) The board may change and readjust fees as necessary.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-25-2-10.6 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-10.6
Distribution of money in local emergency planning and right to know fund
Status: in_force

Sec. 10.6. (a) Before July 1 of each year, the department of state revenue shall distribute the money in the local emergency planning and right to know fund as follows:

(1) Ten percent (10%) allocated to the commission and administered by the department of homeland security to be used for the implementation and administration of IC 13-25-1 and this chapter. Money received as an allocation under this subdivision does not revert to the state general fund at the end of a state fiscal year.

(2) A distribution of the remaining money as follows:

(A) To each county, two thousand five hundred dollars ($2,500).

(B) To each county, an additional distribution in an amount determined in STEP TWO of the following formula:

STEP ONE: Divide the amount available for distribution by the number of facilities that paid the fee required under section 10(a)(2) of this chapter in the calendar year preceding the distribution.

STEP TWO: Multiply the quotient determined in STEP ONE by the number of facilities located in each county.

The department of state revenue may make a distribution to a county under this subdivision only after receiving notice from the commission that the local emergency planning committee for the county has met the requirements of IC 13-25-1-6(b).

(b) The revenue distributed to the county under this section shall be deposited in a separate fund established by the county for the purpose of:

(1) preparing and updating a comprehensive emergency response plan required under 42 U.S.C. 11003 for the county or emergency planning district;

(2) establishing and implementing procedures for receiving and processing requests from the public for information about hazardous chemicals under SARA (42 U.S.C. 11001 et seq.);

(3) training for emergency response planning, information management, and hazardous materials incident response and exercising hazardous materials response plans;

(4) equipping a hazardous materials response team that provides at least a district wide emergency planning response if the equipment purchased is consistent with current training levels of the response team members;

(5) purchasing communication equipment for a local emergency planning committee's administrative use;

(6) paying an optional stipend to local emergency planning committee members who attend regularly scheduled meetings at which a quorum is present in an amount:

(A) determined by a majority of the local emergency planning committee membership; and

(B) that is not more than twenty dollars ($20) per member per meeting;

(7) paying for Title III risk communication, chemical accident related, and accident prevention projects submitted to and approved by the commission; and

(8) maintaining, repairing, and calibrating equipment purchased for a hazardous materials response team under subdivision (4).

However, revenue distributed to a county under this section may be used for the purposes set forth in subdivisions (3) through (8) only if the local emergency planning committee appointed for the county has prepared and submitted to the commission an emergency plan that meets the requirements of 42 U.S.C. 11003(a) and has received approval for the training programs from the commission.

(c) The fund established under subsection (b) shall be administered by the county executive. The expenses of administering the fund shall be paid from money in the fund. Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of the fiscal year remains in the fund and does not revert to any other fund.

(d) Money shall be appropriated by a county fiscal body (as defined in IC 36-1-2-6) from a fund established under subsection (b) upon the receipt by the county fiscal body of the local emergency planning committee's spending plan. The spending plan must:

(1) have been approved by a majority of the members of the local emergency planning committee; and

(2) conform with the provisions of this chapter.

The county fiscal body may not appropriate money from the fund established under subsection (b) for any person or purpose other than the local emergency planning committee.

(e) All equipment, apparatus, and supplies purchased with money from a fund established under subsection (b) remain under the direction and control of the local emergency planning committee.

As added by P.L.85-2015, SEC.15.
Ind. Code § 13-19-7-5 — Indiana Code / Title 13 / Article 19 / Chapter 7 / Section 13-19-7-5
Housing authority cooperation and assistance in relocating residents
Status: in_force

Sec. 5. (a) The IHCDA shall, to the greatest extent possible, cooperate with and provide assistance to the United States Department of Housing and Urban Development in the relocation of residents of the East Chicago area of special concern to other residential areas.

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

As added by P.L.88-2017, SEC.4.
Ind. Code § 13-18-27-7 — Indiana Code / Title 13 / Article 18 / Chapter 27 / Section 13-18-27-7
"Large construction activity site"
Status: in_force

Sec. 7. As used in this chapter, "large construction activity site" means:

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

(2) a site:

(A) at which construction activities result in land disturbance of more than one (1) but less than five (5) acres; but

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

As added by P.L.248-2019, SEC.14.
Ind. Code § 13-21-5-12 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-12
Solid waste management policy required
Status: in_force

Sec. 12. (a) A district plan must establish a solid waste management policy for the district that reflects the needs of the district and provides an integrated approach to solid waste management that includes the following:

(1) Source reduction.

(2) Alternatives to complete or partial dependence on final disposal facilities, including recycling and composting.

(3) Final disposal facilities.

(b) A district plan must contain a strategy to promote and educate the public regarding the benefits of managing vegetative matter by:

(1) composting;

(2) mulching; and

(3) any other environmentally appropriate manner the board may determine, other than the disposing of vegetative matter in a landfill.

[Pre-1996 Recodification Citation: 13-9.5-4-6.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-17-9-3 — Indiana Code / Title 13 / Article 17 / Chapter 9 / Section 13-17-9-3
Conditions of open burning
Status: in_force

Sec. 3. All open burning that is allowed under this chapter must comply with the following conditions:

(1) A person who open burns any material shall extinguish the fire if the fire creates a nuisance or fire hazard.

(2) Burning may not be conducted during unfavorable meteorological conditions such as high winds, temperature inversions, or air stagnation, except open burning conducted in accordance with section 1(b)(2) of this chapter.

(3) All fires must be attended at all times during burning until completely extinguished.

(4) All asbestos containing materials must be removed before the burning of a structure.

(5) Asbestos containing materials may not be burned.

(6) Open burning for the purpose of fire training under section 1(b) of this chapter:

(A) must be conducted at the department of homeland security's mobile burn demonstration unit (BDU) or at fire training facilities located on property owned or controlled by the department of homeland security, a local unit of government, a municipal fire department, or a volunteer fire department; and

(B) may not be conducted for disposal purposes.

(7) Except as provided under section 1 of this chapter, all burning must comply with state and federal laws.

[Pre-1996 Recodification Citation: 13-1-1.2-3.]

As added by P.L.1-1996, SEC.7. Amended by P.L.238-2025, SEC.49.
Ind. Code § 13-17-5-7 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-7
Motor vehicle emissions testing program; funding
Status: in_force

Sec. 7. (a) The department shall annually advise the budget committee on whether:

(1) money appropriated by the general assembly; and

(2) money available through federal grants;

is adequate to implement a motor vehicle emissions testing program described in section 5.1 of this chapter.

(b) If the money described under subsection (a) becomes insufficient to implement a motor vehicle emissions testing program, the department shall immediately notify:

(1) the governor; and

(2) the budget committee;

of the insufficiency.

[Pre-1996 Recodification Citation: 13-1-1-11.3.]

As added by P.L.1-1996, SEC.7. Amended by P.L.229-1999, SEC.3.
Ind. Code § 13-18-16-2 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-2
Revocation or modification of permit
Status: in_force

Sec. 2. The commissioner may initiate action under IC 13-15-7 to revoke or modify a permit.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-13-7.1-13 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-13
Source of payment of expenses
Status: in_force

Sec. 13. Except as provided in section 9 of this chapter, the expenses of the panel shall be paid from appropriations to the department.

As added by P.L.53-2014, SEC.119. Amended by P.L.42-2024, SEC.103; P.L.135-2026, SEC.63.
Ind. Code § 13-11-2-16.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-16.6
"Biomass"
Status: in_force

Sec. 16.6. "Biomass", for purposes of sections 7.3, 88.7, 205, and 212 of this chapter and IC 13-20-10.5, means biological material that is available on a renewable recurring basis and is used as a source of renewable energy, including the following:

(1) Agricultural crops.

(2) Agricultural wastes and residues.

(3) Wood and wood byproducts, including the following:

(A) Wood residue.

(B) Forest thinning.

(C) Mill residue wood.

(4) Animal wastes and byproducts, including manure.

(5) Aquatic plants.

(6) Algae.

(7) Byproducts of processing agricultural crops.

As added by P.L.189-2011, SEC.1. Amended by P.L.135-2026, SEC.8.
Ind. Code § 13-11-2-43.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-43.5
"Control alternative"
Status: in_force

Sec. 43.5. "Control alternative", for purposes of IC 13-18, means any of the following measures, or any combination of the following measures, for the control of wet weather flows in a combined sewer system:

(1) Source controls.

(2) Collection system controls.

(3) Storage technologies.

(4) Treatment technologies.

As added by P.L.140-2000, SEC.5.
Ind. Code § 13-22-3-5 — Indiana Code / Title 13 / Article 22 / Chapter 3 / Section 13-22-3-5
Exemptions
Status: in_force

Sec. 5. The commissioner may exempt the requirement for a permit for the storage, treatment, processing, or disposal of solid or hazardous wastes by a mining operation if:

(1) the mining operation has a permit under IC 14-34; and

(2) the commissioner determines that the department of natural resources is operating a program of regulation of solid and hazardous wastes derived from mining operations that is equivalent to the regulatory program for those wastes under the environmental management laws.

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

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-23-13-10 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-10
Agreements to indemnify, hold harmless, or insure
Status: in_force

Sec. 10. (a) An indemnification agreement, a hold harmless agreement, or other similar agreement or conveyance is not effective to transfer the liability imposed under section 8 of this chapter from:

(1) the owner or operator of an:

(A) underground storage tank; or

(B) aboveground storage tank; or

(2) any person who may be liable for a release or threat of release under this article;

to any other person.

(b) This section does not bar an agreement to:

(1) insure;

(2) hold harmless; or

(3) indemnify;

a party to an agreement for any liability under this article.

[Pre-1996 Recodification Citation: 13-7-20-23(a).]

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.57.
Ind. Code § 13-20-24-2 — Indiana Code / Title 13 / Article 20 / Chapter 24 / Section 13-20-24-2
Municipality in county without zoning may enter into host agreement
Status: in_force

Sec. 2. With respect to a landfill or landfill expansion located or proposed to be located in a municipality in a county that does not zone under IC 36-7-4, the municipality and another person may enter into a host agreement under this chapter.

As added by P.L.131-2006, SEC.11.
Ind. Code § 13-11-2-233.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-233.5
"Tract"
Status: in_force

Sec. 233.5. "Tract", for purposes of this chapter, means any area of land that is under common ownership and is contained within a continuous border.

As added by P.L.282-2003, SEC.29.
Ind. Code § 13-17-3-3 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-3
Enforcement
Status: in_force

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

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-118.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-118.3
Repealed
Status: repealed

As added by P.L.123-1997, SEC.7. Repealed by P.L.57-2009, SEC.18.
Ind. Code § 13-14-9-0.2 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-0.2
Application of chapter to certain rules commenced before July 1, 2023
Status: in_force

Sec. 0.2. This chapter (as effective January 1, 2023) continues to apply after June 30, 2023, to a rulemaking action that is commenced under this chapter before July 1, 2023.

As added by P.L.249-2023, SEC.49.
Ind. Code § 13-11-2-103 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-103
"Host state"
Status: in_force

Sec. 103. "Host state", for purposes of IC 13-29-1, means any state which is designated by the Midwest Interstate Low-Level Radioactive Waste Commission to host a regional facility.

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

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

Sec. 1. This chapter applies to all fees established under this title.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.114; P.L.250-2019, SEC.14.
Ind. Code § 13-25-4-15 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-15
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.265.
Ind. Code § 13-11-2-162 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-162
"Petroleum marketer"
Status: in_force

Sec. 162. "Petroleum marketer", for purposes of IC 13-23-4-3, means a person that is engaged in the business of selling petroleum products at retail.

[Pre-1996 Recodification Citation: 13-7-20-14.5(a).]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-23-14-3 — Indiana Code / Title 13 / Article 23 / Chapter 14 / Section 13-23-14-3
Violation of requirements, standards, or rules of underground storage tank program; exceptions
Status: in_force

Sec. 3. (a) Except as provided in subsection (b), a person who violates:

(1) a requirement or standard set forth in this article; or

(2) a rule adopted under IC 13-23-1-2 other than a violation described in section 2 of this chapter;

is subject to a civil penalty of not more than ten thousand dollars ($10,000) per underground storage tank or aboveground storage tank for each day of violation.

(b) A person is not subject to the civil penalty described in subsection (a) if:

(1) the violation arose from an underground storage tank or aboveground storage tank that is on a brownfield;

(2) the person was not the owner or operator of the underground storage tank or aboveground storage tank when the violation first occurred;

(3) the person does not dispense a regulated substance into or from the underground storage tank or aboveground storage tank:

(A) for any purpose other than temporary or permanent closure; or

(B) in violation of any federal, state, or local regulations; and

(4) the underground storage tank or aboveground storage tank is brought into compliance with this article not later than one (1) year after the person acquired ownership of the property.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.122-1999, SEC.2 and P.L.119-1999, SEC.14; P.L.176-2023, SEC.63.
Ind. Code § 13-20-10-1 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-1
Applicability of chapter
Status: in_force

Sec. 1. (a) This chapter applies to composting (as defined in IC 13-11-2-38) of vegetative matter and other organic material.

(b) This chapter does not apply to the following:

(1) A person who conducts a composting operation on the person's property for vegetative matter and other types of organic material that are generated by the person's activities.

(2) A person who conducts a composting operation in an area of less than three hundred (300) square feet.

(3) Temporary storage of vegetative matter where only an incidental amount of composting will occur before removal of the matter.

[Pre-1996 Recodification Citation: 13-7-35-1.]

As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.7; P.L.200-2017, SEC.3.
Ind. Code § 13-11-2-85.9 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-85.9
"Forestry operation"
Status: in_force

Sec. 85.9. (a) "Forestry operation", for purposes of IC 13-18-22-1, includes facilities, activities, and equipment used to plant, raise, manage, harvest, and remove trees on private land.

(b) The term includes:

(1) site preparation;

(2) fertilization;

(3) pest control;

(4) wildlife management;

(5) new and previously existing staging areas;

(6) new and previously existing access roads; and

(7) new and previously existing haul roads.

As added by P.L.247-2023, SEC.1.
Ind. Code § 13-25-2-6.5 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-6.5
Evaluation of notification options; toll free telephone line to be provided
Status: in_force

Sec. 6.5. (a) The department shall work with interested stakeholders, including the federal government, the general public, members of the general assembly, and businesses, to evaluate the feasibility of simplifying and expediting notification under IC 13-25-2-6. Options to be evaluated include:

(1) connecting persons required to provide notice under IC 13-25-2-6 with the National Response Center; and

(2) recommending any appropriate changes in federal law.

(b) The department shall implement an option evaluated under subsection (a) if the option:

(1) is practical to implement;

(2) is technically feasible;

(3) is economically feasible;

(4) is protective of human health and the environment; and

(5) would adequately serve persons required to provide notice under IC 13-25-2-6.

(c) The department shall provide a toll free long distance telephone line through which a person required to provide notice under IC 13-25-2-6 may contact the department.

As added by P.L.126-1996, SEC.5. Amended by P.L.135-2026, SEC.259.
Ind. Code § 13-11-2-113.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-113.5
"Knee of the curve"
Status: in_force

Sec. 113.5. "Knee of the curve", for purposes of IC 13-18, means the point where the incremental change in the cost of the control alternative per change in performance of the control alternative changes most rapidly.

As added by P.L.140-2000, SEC.9.
Ind. Code § 13-11-2-258 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-258
"Wastewater treatment plant"
Status: in_force

Sec. 258. (a) "Wastewater treatment plant", for purposes of IC 13-18-11 and IC 13-20-17.5, and environmental management laws, means the system of treatment works, regulatory devices, equipment, and other facilities and appurtenances installed to treat sewage, industrial wastes, and other wastes delivered by a system of sewers and other related facilities, whether owned or operated by the state, a municipality, or a person, firm, or corporation. The term does not include septic tank disposal systems.

(b) "Wastewater treatment plant", for purposes of IC 13-18-26, means the system of treatment works, regulatory devices, equipment, and other facilities and appurtenances installed to treat sewage and other wastes that are delivered by a system of sewers and other related facilities, regardless of whether the system of treatment works, regulatory devices, equipment, and other facilities and appurtenances is owned or operated by the state, a municipality, a person, a firm, or a corporation. The term does not include a system that is installed by a company or industry and used to treat industrial wastes prior to discharge of the wastewater in accordance with a permit issued by the department or another entity to which permitting authority has been delegated.

[Pre-1996 Recodification Citations: 13-1-6-2(a) part, (e); 13-7-1-3 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.159-2011, SEC.12; P.L.126-2018, SEC.2; P.L.15-2019, SEC.11.
Ind. Code § 13-20-1-2 — Indiana Code / Title 13 / Article 20 / Chapter 1 / Section 13-20-1-2
Need for local or regional facility
Status: in_force

Sec. 2. A person that applies for a permit for a solid waste disposal facility or a solid waste processing facility, except for a transfer station, must demonstrate that there is a local or regional need in Indiana for the facility.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.154-2005, SEC.11.
Ind. Code § 13-21-12-10 — Indiana Code / Title 13 / Article 21 / Chapter 12 / Section 13-21-12-10
Covenant and agreement with bondholders
Status: in_force

Sec. 10. The general assembly covenants and agrees with the holders of any bonds that as long as any bonds of a district issued under this article or IC 13-9.5-9 (before its repeal) are outstanding and unpaid, the state:

(1) will not limit or alter the rights of the district to:

(A) acquire, construct, reconstruct, improve, enlarge, extend, own, operate, and maintain any project or interest in any project;

(B) establish, maintain, revise, charge, and collect the fees and taxes referred to in this article; and

(C) fulfill the terms of any agreements made with the holders of the bonds; and

(2) will not in any way impair the rights and remedies of the bondholders;

until the bonds, together with interest on the bonds, interest on any unpaid installment of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully paid, met, and discharged.

[Pre-1996 Recodification Citation: 13-9.5-9-17.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-118.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-118.5
Repealed
Status: repealed

As added by P.L.123-1997, SEC.8. Repealed by P.L.57-2009, SEC.18.
Ind. Code § 13-15-8-2 — Indiana Code / Title 13 / Article 15 / Chapter 8 / Section 13-15-8-2
Period for notice
Status: in_force

Sec. 2. Not more than ten (10) working days after submitting an application for a permit issued under IC 13-15-1 or IC 13-7-10.1-1 (before its repeal), the person that submitted the application for the permit shall make a reasonable effort to provide notice:

(1) to all owners of land that adjoins the land that is the subject of the permit application; or

(2) if the owner of land that adjoins the land that is the subject of the permit application does not occupy the land, to all occupants of the land;

that the person has submitted the application for the permit.

[Pre-1996 Recodification Citation: 13-7-10-1.1(b).]

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-30-2-2 — Indiana Code / Title 13 / Article 30 / Chapter 2 / Section 13-30-2-2
Offer to provide service or allocate sewer tap without capacity to do so; liability
Status: in_force

Sec. 2. (a) A person, excluding a municipality, who owns or operates a water pollution treatment or control facility or sanitary sewer may not offer to provide service or allocate a sewer tap to a person without:

(1) having the capacity to provide the service or allocation; and

(2) reserving the capacity to provide the service or allocation;

to the property owner to whom the offer or allocation was made.

(b) A person who violates subsection (a) who:

(1) issued a written letter of intent or commitment to provide service or allocate a sewer tap to a property owner;

(2) failed to reserve the capacity to provide the service or tap; and

(3) as a result of failing to reserve that capacity, adversely affected the value of property of a property owner to whom the letter of intent was issued;

is liable for damages to the property owner.

(c) In an action brought by a property owner under this section, the damages are equal to the value of the property as the property would have appreciated in value but for the failure of the property to have been provided sewer service or a sewer tap.

(d) Notwithstanding IC 34-11-1-2, a property owner who has a continuing claim under this section may assert that claim until May 15, 1997.

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

As added by P.L.1-1996, SEC.20. Amended by P.L.1-1998, SEC.107.
Ind. Code § 13-20-10-2 — Indiana Code / Title 13 / Article 20 / Chapter 10 / Section 13-20-10-2
Registration of facility required for operation
Status: in_force

Sec. 2. A person may operate a composting facility only if the person registers the composting facility with the department.

[Pre-1996 Recodification Citation: 13-7-35-4.]

As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.8.
Ind. Code § 13-14-9-12 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-12
Rejection; grounds
Status: in_force

Sec. 12. The board may reject a proposed rule under section 9 of this chapter if one (1) of the following conditions exists:

(1) The board determines that necessary amendments to the proposed rule will affect persons that reasonably require an opportunity to comment under section 4 of this chapter.

(2) The board determines that due to the fundamental or inherent structure or content of the proposed rule, the only reasonably anticipated method of developing a rule acceptable to the board is to require the department to redraft the rule and to obtain public comments under section 4 of this chapter.

(3) The board determines that, due to a procedural or other defect in the implementation of applicable rulemaking requirements, an interested or affected party will be unfairly and substantially prejudiced if the public comment period under section 4 of this chapter is not again afforded and that no reasonable alternative method to obtain public comments is available to the interested or affected party other than the public comment period under section 4 of this chapter.

[Pre-1996 Recodification Citation: 13-7-7.1-12.]

As added by P.L.1-1996, SEC.4. Amended by P.L.204-2007, SEC.13; P.L.249-2023, SEC.63.
Ind. Code § 13-18-26-4 — Indiana Code / Title 13 / Article 18 / Chapter 26 / Section 13-18-26-4
Capital asset management plan
Status: in_force

Sec. 4. A capital asset management plan must include all of the following:

(1) A plan to annually review infrastructure needs of the water or wastewater treatment plant.

(2) A detailed engineering analysis of asset conditions and useful life, to be used to develop an infrastructure inspection, repair, and maintenance plan.

(3) An analysis of customer rates necessary to support the capital asset management plan, including emergency repairs.

(4) A certification that the water or wastewater treatment plant has:

(A) a certified operator;

(B) a corporate officer or system manager; and

(C) access to an engineer, either on staff or by contract.

As added by P.L.126-2018, SEC.6.
Ind. Code § 13-23-3-2 — Indiana Code / Title 13 / Article 23 / Chapter 3 / Section 13-23-3-2-b
Examination; rules; reciprocity
Status: in_force

Note: This version of section amended by P.L.152-2026, SEC.209, effective 7-1-2027. See also preceding version of this section amended by P.L.135-2026, SEC.237, effective 7-1-2026.

Sec. 2. (a) To obtain a certificate under section 1 of this chapter, a person must:

(1) take an examination that is approved;

(2) achieve a passing score on the examination that is established; and

(3) pay any reasonable fees necessary to offset the costs incurred by the department in administering the examination and certification procedures that are established;

under rules adopted by the board.

(b) An examination described under subsection (a) must cover the following subjects:

(1) Relevant rules adopted by the board concerning underground storage tanks.

(2) Any other subjects approved under rules adopted by the board.

(c) The board shall adopt rules establishing the following:

(1) The number of times a person who fails an examination described under this section may take the examination again.

(2) The period of time a person who fails an examination described under this section must wait before taking the examination again.

(d) The department may, certify a person:

(1) under section 1 of this chapter; and

(2) by reciprocity;

if the person is licensed or certified by another state that has certification requirements that are substantially similar to the requirements established under this section.

[Pre-1996 Recodification Citation: 13-7-20-13.2.]

As added by P.L.1-1996, SEC.13. Amended by P.L.152-2026, SEC.209.
Ind. Code § 13-21-3-12 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-12
Powers of district; exercise of powers in Lake County
Status: in_force

Sec. 12. (a) Except as provided in section 14.5 of this chapter and subject to subsection (b), the powers of a district include the following:

(1) The power to develop and implement a district solid waste management plan under IC 13-21-5.

(2) The power to impose district fees on the final disposal of solid waste within the district under IC 13-21-13.

(3) The power to receive and disburse money, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.

(4) The power to sue and be sued.

(5) The power to plan, design, construct, finance, manage, own, lease, operate, and maintain facilities for solid waste management.

(6) The power to enter with any person into a contract or an agreement that is necessary or incidental to the management of solid waste. Contracts or agreements that may be entered into under this subdivision include those for the following:

(A) The design, construction, operation, financing, ownership, or maintenance of facilities by the district or any other person.

(B) The managing or disposal of solid waste.

(C) The sale or other disposition of materials or products generated by a facility.

Notwithstanding any other statute, the maximum term of a contract or an agreement described in this subdivision may not exceed forty (40) years.

(7) The power to enter into agreements for the leasing of facilities in accordance with IC 36-1-10 or IC 36-9-30.

(8) The power to purchase, lease, or otherwise acquire real or personal property for the management or disposal of solid waste.

(9) The power to sell or lease any facility or part of a facility to any person.

(10) The power to make and contract for plans, surveys, studies, and investigations necessary for the management or disposal of solid waste.

(11) The power to enter upon property to make surveys, soundings, borings, and examinations.

(12) The power to:

(A) accept gifts, grants, loans of money, other property, or services from any source, public or private; and

(B) comply with the terms of the gift, grant, or loan.

(13) The power to levy a tax within the district to pay costs of operation in connection with solid waste management, subject to the following:

(A) Regular budget and tax levy procedures.

(B) Section 16 of this chapter.

However, except as provided in sections 15 and 15.5 of this chapter, a property tax rate imposed under this article may not exceed eight and thirty-three hundredths cents ($0.0833) on each one hundred dollars ($100) of assessed valuation of property in the district.

(14) The power to borrow in anticipation of taxes.

(15) The power to hire the personnel necessary for the management or disposal of solid waste in accordance with an approved budget and to contract for professional services.

(16) The power to otherwise do all things necessary for the:

(A) reduction, management, and disposal of solid waste; and

(B) recovery of waste products from the solid waste stream;

if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.

(17) The power to adopt resolutions. However, a resolution is not effective in a municipality unless the municipality adopts the language of the resolution by ordinance or resolution.

(18) The power to do the following:

(A) Implement a household hazardous waste and conditionally exempt small quantity generator (as described in 40 CFR 261.5(a)) collection and disposal project.

(B) Apply for a household hazardous waste collection and disposal project grant under IC 13-20-20 and carry out all commitments contained in a grant application.

(C) Establish and maintain a program of self-insurance for a household hazardous waste and conditionally exempt small quantity generator (as described in 40 CFR 261.5(a)) collection and disposal project, so that at the end of the district's fiscal year the unused and unencumbered balance of appropriated money reverts to the district's general fund only if the district's board specifically provides by resolution to discontinue the self-insurance fund.

(D) Apply for a household hazardous waste project grant as described in IC 13-20-22-2 and carry out all commitments contained in a grant application.

(19) The power to enter into an interlocal cooperation agreement under IC 36-1-7 to obtain:

(A) fiscal;

(B) administrative;

(C) managerial; or

(D) operational;

services from a county or municipality.

(20) The power to compensate advisory committee members for attending meetings at a rate determined by the board.

(21) The power to reimburse board and advisory committee members for travel and related expenses at a rate determined by the board.

(22) The power to pay a fee from district money to:

(A) in a joint district, the county or counties in which a final disposal facility is located; or

(B) a county that:

(i) was part of a joint district;

(ii) has withdrawn from the joint district as of January 1, 2008; and

(iii) has established its own district in which a final disposal facility is located.

(23) The power to make grants or loans of:

(A) money;

(B) property; or

(C) services;

to public or private recycling programs, composting programs, or any other programs that reuse any component of the waste stream as a material component of another product, if the primary purpose of activities undertaken under this subdivision is to carry out the provisions of this article.

(24) The power to establish by resolution a nonreverting capital fund. A district's board may appropriate money in the fund for:

(A) equipping;

(B) expanding;

(C) modifying; or

(D) remodeling;

an existing facility. Expenditures from a capital fund established under this subdivision must further the goals and objectives contained in a district's solid waste management plan. Not more than five percent (5%) of the district's total annual budget for the year may be transferred to the capital fund that year. The balance in the capital fund may not exceed twenty-five percent (25%) of the district's total annual budget. If a district's board determines by resolution that a part of a capital fund will not be needed to further the goals and objectives contained in the district's solid waste management plan, that part of the capital fund may be transferred to the district's general fund, to be used to offset tipping fees, property tax revenues, or both tipping fees and property tax revenues.

(25) The power to conduct promotional or educational programs that include giving awards and incentives that further:

(A) the district's solid waste management plan; and

(B) the objectives of minimum educational standards established by the department of environmental management.

(26) The power to conduct educational programs under IC 13-20-17.5 to provide information to the public concerning:

(A) the reuse and recycling of mercury in:

(i) mercury commodities; and

(ii) mercury-added products; and

(B) collection programs available to the public for:

(i) mercury commodities; and

(ii) mercury-added products.

(27) The power to implement mercury collection programs under IC 13-20-17.5 for the public and small businesses.

(28) The power to conduct educational programs under IC 13-20.5 to provide information to the public concerning:

(A) reuse and recycling of electronic waste;

(B) collection programs available to the public for the disposal of electronic waste; and

(C) proper disposal of electronic waste.

(b) Before the county district of a county that has a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) may exercise a power set forth in subsection (a) to:

(1) enter into a contract or other agreement to construct a final disposal facility;

(2) enter into an agreement for the leasing of a final disposal facility;

(3) sell or lease a final disposal facility; or

(4) borrow in anticipation of taxes;

the county district must submit a recommendation to the county executive of the county concerning the county district's proposed exercise of the power, subject to subsections (c) and (d).

(c) In response to a recommendation submitted under subsection (b), the county executive may adopt a resolution:

(1) confirming the authority of the county district to exercise the power or powers referred to in subsection (b), as proposed in the recommendation; or

(2) denying the county district the authority to exercise the power or powers as proposed in the recommendation;

subject to subsection (d).

(d) The county district may exercise one (1) or more powers referred to in subsection (b), as proposed in a recommendation submitted to the county executive under subsection (b), if:

(1) the county executive, in response to the recommendation, adopts a confirming resolution under subsection (c)(1) authorizing the county district to exercise the power or powers; or

(2) the county executive adopts no resolution under subsection (c) within forty-five (45) calendar days after the day on which the county district submits the recommendation to the county executive under subsection (b).

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

As added by P.L.1-1996, SEC.11. Amended by P.L.125-1996, SEC.5; P.L.45-1997, SEC.13; P.L.6-1997, SEC.155; P.L.2-1998, SEC.52; P.L.225-2001, SEC.16; P.L.178-2002, SEC.87; P.L.114-2008, SEC.22; P.L.159-2011, SEC.36; P.L.37-2012, SEC.51; P.L.83-2015, SEC.1; P.L.189-2016, SEC.2; P.L.11-2023, SEC.49.
Ind. Code § 13-14-1-11 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-11
Operating policies
Status: in_force

Sec. 11. The department shall follow the operating policies established in rules adopted by the boards.

[Pre-1996 Recodification Citation: 13-7-3-11.]

As added by P.L.1-1996, SEC.4.
Ind. Code § 13-11-1-1 — Indiana Code / Title 13 / Article 11 / Chapter 1 / Section 13-11-1-1
Applicability of definitions in this article
Status: in_force

Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-17-3-15 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-15
Rules and standards limiting noise emission
Status: in_force

Sec. 15. (a) The board may adopt rules and standards prescribing limitations on noise emission. In adopting rules under this section, the board may prescribe that a person may not emit or cause to be emitted any noise that:

(1) unreasonably interferes with any lawful business or activity; or

(2) is injurious to the health or well-being of any person.

(b) The board may adopt rules concerning the following:

(1) Equipment and procedures for monitoring noise.

(2) The collection and retention of data resulting from the monitoring.

(3) The reporting of data to the board.

[Pre-1996 Recodification Citation: 13-7-8-1.]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-22-11.5-2 — Indiana Code / Title 13 / Article 22 / Chapter 11.5 / Section 13-22-11.5-2
Secondary material not a solid waste
Status: in_force

Sec. 2. A secondary material that is not a solid waste as defined under 40 CFR 261.2(e) or is legitimately utilized in an industrial or manufacturing process, except reclamation, with no significant increase in the threat it poses to health or the environment, is not a solid waste.

As added by P.L.45-1997, SEC.21. Amended by P.L.128-1997, SEC.8.
Ind. Code § 13-15-1-2 — Indiana Code / Title 13 / Article 15 / Chapter 1 / Section 13-15-1-2
Water pollution permitting
Status: in_force

Sec. 2. The board shall establish requirements for the issuance of permits to control water pollution, including the following:

(1) Permits to control or limit the discharge of any contaminants into state waters or into a publicly owned treatment works.

(2) Permits for the construction, installation, or modification of facilities, equipment, or devices to control or limit any discharge, emission, or disposal of contaminants into the waters of Indiana or into a publicly owned treatment works.

(3) Permits for the operation of facilities, equipment, or devices to control or limit the discharge, emission, or disposal of any contaminants into the waters of Indiana or into a publicly owned treatment works.

However, the board may not require a permit under subdivision (2) for any facility, equipment, or device constructed, installed, or modified as part of a surface coal mining operation that is operated under a permit issued under IC 14-34.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.123-1996, SEC.11; P.L.133-2012, SEC.96; P.L.135-2026, SEC.108.
Ind. Code § 13-20-21-8 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-8
Remittance of fees or installments
Status: in_force

Sec. 8. Solid waste annual operation fees begin accruing January 1 of each year. The department shall assess the fees not later than January 15 of that year. A person must remit solid waste annual operation fees or an installment established under IC 13-16-2 to the department not more than thirty (30) days after the date the fees are assessed or on the date the installment is due.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.130-1996, SEC.4; P.L.2-1997, SEC.44.
Ind. Code § 13-23-6-2 — Indiana Code / Title 13 / Article 23 / Chapter 6 / Section 13-23-6-2
Sources
Status: in_force

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

(1) Grants made by the United States Environmental Protection Agency to the state under cooperative agreements under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)).

(2) Costs recovered by the state under IC 13-23-13-8 in connection with any corrective action undertaken under IC 13-23-13-2 with respect to a release of petroleum.

(3) Costs recovered by the state in connection with the enforcement of this article with respect to any release of petroleum.

(4) Appropriations made by the general assembly, gifts, and donations intended for deposit in the fund.

(5) Penalties imposed under IC 13-23-14.

(6) Revenue from the petroleum storage tank registration fee deposited in the fund under IC 13-23-12-4(1).

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

As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.4; P.L.176-2023, SEC.38.
Ind. Code § 13-11-2-71 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-71
"Environmental management laws"
Status: in_force

Sec. 71. "Environmental management laws" refers to the following:

(1) IC 13-12-2 and IC 13-12-3.

(2) IC 13-13.

(3) IC 13-14.

(4) IC 13-15.

(5) IC 13-16.

(6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11.

(7) IC 13-18-10, IC 13-18-10.5, IC 13-18-12, IC 5-1.2-10, and IC 13-18-15 through IC 13-18-20.

(8) IC 13-19-1 and IC 13-19-4.

(9) IC 13-20-1, IC 13-20-2, IC 13-20-4 through IC 13-20-15, IC 13-20-17.7, IC 13-20-19 through IC 13-20-21, and IC 13-20-22-21.

(10) IC 13-22.

(11) IC 13-23.

(12) IC 13-24.

(13) IC 13-25-1 through IC 13-25-5.

(14) IC 13-27-8.

(15) IC 13-30, except IC 13-30-1.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1. Amended by P.L.1-2002, SEC.62; P.L.100-2006, SEC.4; P.L.170-2006, SEC.5; P.L.137-2007, SEC.5; P.L.127-2009, SEC.3; P.L.189-2011, SEC.5; P.L.189-2018, SEC.108.
Ind. Code § 13-18-11-11 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-11
Plant supervision by certified plant operator; exceptions
Status: in_force

Sec. 11. (a) All water or wastewater treatment plants and water distribution systems, whether publicly or privately owned, must be under the supervision of an operator whose competency is certified to by the commissioner in a classification corresponding to the classification of the plant or distribution system to be supervised. However, this section does not prohibit a governmental agency, a corporation, or an individual from continuing to employ in that capacity a person in responsible charge of the operations of the works if the person is certified under section 10 of this chapter.

(b) A certified operator may supervise more than one (1) plant or system if it can be shown that adequate supervision to ensure safe and effective operation is provided for all plants and systems supervised.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-17-5-5.1 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-5.1
Applicability of rules regarding tests; inspection station powers; contracts to conduct tests
Status: in_force

Sec. 5.1. (a) A rule adopted by the board under air pollution control laws that requires:

(1) certain motor vehicles registered in certain counties to undergo a periodic test of emission characteristics; and

(2) vehicles failing the emissions test to be repaired and retested;

applies to the vehicles registered in those counties subject to the rules. An exemption in the rules applies to motor vehicles registered in those counties subject to the rule.

(b) An inspection station authorized by a rule adopted by the board may:

(1) inspect any vehicle; and

(2) certify that the inspected vehicle meets air emission control standards established in the applicable rules.

(c) The department may contract with a person to conduct inspections to test the emissions or emission control devices of motor vehicles. If inspections are conducted by a contractor under this subsection, the inspections and testing shall be conducted under the direction of the department. The department may not enter into a contract with a foreign corporation under this section unless the foreign corporation is registered with the secretary of state to do business in Indiana.

(d) The duration of a contract entered into under this section may not exceed ten (10) years.

(e) This section does not prohibit the board or the department from adopting fleet inspection procedures.

(f) IC 5-22-17-3 does not apply to a procurement under this section.

As added by P.L.229-1999, SEC.2.
Ind. Code § 13-26-5-8 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-8
Limitations on contracts
Status: in_force

Sec. 8. A district may make contracts or incur obligations only if the contracts or obligations are payable solely from:

(1) the money provided under this article; or

(2) federal, state, or other grants or contributions.

[Pre-1996 Recodification Citation: 13-3-2-16(a) part.]

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-11-2-117 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-117
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-22.5-2.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.97-2004, SEC.133.
Ind. Code § 13-20-14-6 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-6
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-23.2-14.]

As added by P.L.1-1996, SEC.10. Amended by P.L.37-2012, SEC.39; P.L.133-2012, SEC.146. Repealed by P.L.135-2026, SEC.203.
Ind. Code § 13-23-8-9 — Indiana Code / Title 13 / Article 23 / Chapter 8 / Section 13-23-8-9
Remediation expenses
Status: in_force

Sec. 9. (a) For purposes of this section, the term "remediation expenses" includes reimbursement for the expenses incurred to remediate the site and all other eligible expenses under this article.

(b) Each subsequent owner of a property that has had a restrictive covenant placed on it because of soil or water contamination due to a leaking underground or aboveground storage tank is eligible for reimbursement for the remediation expenses to remediate the site under the ELTF if:

(1) the tank was registered under IC 13-23-12; and

(2) all annual fees for the tank were paid before the eligible release.

As added by P.L.176-2023, SEC.41.
Ind. Code § 13-11-2-235 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-235
"Transfer station"
Status: in_force

Sec. 235. (a) "Transfer station", for purposes of:

(1) IC 13-21; and

(2) environmental management laws, except as provided in subsection (c);

means a facility where solid waste is transferred from a vehicle or a container to another vehicle or container for transportation.

(b) The term does not include a facility:

(1) where the solid waste that is transferred has been generated by the facility or a recycling facility; or

(2) where:

(A) infectious waste (as defined in IC 16-41-16-4) is transferred directly between two (2) vehicles;

(B) infectious waste is packaged in compliance with 410 IAC 1-3-24; and

(C) packages of infectious waste are not opened at any time during the transfer.

(c) "Transfer station", for purposes of IC 13-22-9, means a facility for the:

(1) acceptance;

(2) holding; and

(3) loading;

of solid waste into a vehicle for movement to a facility for processing, recycling, or disposal. The term does not include collection containers for solid waste.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-24.5; 13-9.5-1-32; subsection (b) formerly 13-7-32-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.128-1997, SEC.2.
Ind. Code § 13-20-22-6 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-6
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9.5-5-3.3.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.220-2014, SEC.12.