Ind. Code § 13-23-12-3 — Indiana Code / Title 13 / Article 23 / Chapter 12 / Section 13-23-12-3
Annual payment; schedule
Status: in_force

Sec. 3. Except as provided by section 2 of this chapter, the fee required by section 1 of this chapter shall be paid annually in accordance with a payment schedule established by the department. The fee payment form provided by the department must accompany the fee payment.

[Pre-1996 Recodification Citations: 13-7-20-32(c); 13-7-20-41(b).]

As added by P.L.1-1996, SEC.13. Amended by P.L.220-2014, SEC.27.
Ind. Code § 13-22-2-6 — Indiana Code / Title 13 / Article 22 / Chapter 2 / Section 13-22-2-6
Rules setting standards for closure and postclosure monitoring and maintenance plans
Status: in_force

Sec. 6. The board shall do the following:

(1) Adopt rules under IC 4-22-2 and IC 13-14-9 setting standards for closure and postclosure monitoring and maintenance plans.

(2) Include in the rules a requirement for prior notice of closure and a time limit for completion of closure.

[Pre-1996 Recodification Citation: 13-7-8.5-5.1(d).]

As added by P.L.1-1996, SEC.12. Amended by P.L.133-2012, SEC.150.
Ind. Code § 13-14-8-11.5 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-11.5
Site-specific limitation for NPDES permit; application process and criteria
Status: in_force

Sec. 11.5. (a) The department shall prepare and publish in the Indiana Register guidance on the application process and criteria for obtaining a site-specific limitation for a National Pollutant Discharge Elimination System (NPDES) permit. Criteria to be considered must include wet weather events, water effects ratio, and other site-specific considerations as determined by the department. Water effects ratio shall be the ratio of the aquatic toxicity of a parameter in the water of the receiving stream compared to the aquatic toxicity of the parameter in the laboratory water used to determine the standard.

(b) Beginning January 1, 1997, the department shall review any application and make a preliminary determination for a site-specific limitation not later than one hundred eighty (180) days after receipt of the application. The department may request additional information necessary to make the preliminary determination consistent with the guidance published under subsection (a). The one hundred eighty (180) day period does not include any days between the date the department requests additional information and the date the additional information is received by the department.

(c) The final determination on a site-specific limitation will be part of the NPDES permit decision under IC 13-15.

(d) If the agency does not issue a preliminary determination within the one hundred eighty (180) days provided for in subsection (b), the applicant may require that the department hire a qualified outside consultant to prepare the preliminary determination as expeditiously as possible.

(e) The department and the applicant may agree to extend the one hundred eighty (180) day period provided for in subsection (b).

As added by P.L.123-1996, SEC.3. Amended by P.L.135-2026, SEC.100.
Ind. Code § 13-13-8-11 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-11
Conflicts of interest
Status: in_force

Sec. 11. Each member of the board shall fully disclose any potential conflicts of interest and recuse themselves as appropriate for particular matters before the board under the:

(1) federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended;

(2) federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.);

(3) federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 through 9675);

(4) federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

(5) federal Safe Drinking Water Act (42 U.S.C. 300f through 300j).

As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.71.
Ind. Code § 13-15-7-2 — Indiana Code / Title 13 / Article 15 / Chapter 7 / Section 13-15-7-2
Criteria for revision of operating permit
Status: in_force

Sec. 2. The commissioner shall reopen and revise a permit issued under the operating permit program of 42 U.S.C. 7661 through 7661f before the expiration of the permit when any of the following conditions exist:

(1) Additional federal requirements become applicable to a source whose permit allows at least three (3) more years of continued operation. However, a permit does not have to be revised if the additional requirements will not become effective until after the date the permit expires. A permit revision to address additional requirements must be completed by the commissioner not more than eighteen (18) months after the adoption of the additional requirements.

(2) Additional requirements become applicable to the permitted source under the acid rain program. Upon approval by the United States Environmental Protection Agency, an excess offset emissions plan is considered to be incorporated into the permit.

(3) The commissioner or the United States Environmental Protection Agency determines that:

(A) the permit contains a material mistake; or

(B) inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

(4) The commissioner or the Administrator of the United States Environmental Protection Agency determines that the permit must be revised or revoked to assure compliance with the applicable federal requirements (as defined in 40 CFR 70.2).

[Pre-1996 Recodification Citation: 13-7-10-5(b).]

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-20-22-16 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-16
Fees not revenues of facility
Status: in_force

Sec. 16. Fees prescribed by this chapter are not:

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

(2) revenues under:

(A) IC 8-1.5;

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

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

(D) IC 13-21-14; or

(E) IC 36-9-30.

[Pre-1996 Recodification Citation: 13-9.5-5-8.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-57 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-57
"Disposal"
Status: in_force

Sec. 57. (a) "Disposal", for purposes of environmental management laws, means the:

(1) discharge;

(2) deposit;

(3) injection;

(4) spilling;

(5) leaking; or

(6) placing;

of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.

(b) "Disposal", for purposes of IC 13-29-1, means the isolation of waste from the biosphere in a permanent facility designed for that purpose.

(c) "Disposal", for purposes of IC 13-22-12-3.5, means all forms of disposal in or on the land, including underground injection.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-9; subsection (b) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.220-2014, SEC.4.
Ind. Code § 13-11-2-265 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-265
"Waters"
Status: in_force

Sec. 265. (a) "Waters", for purposes of water pollution control laws and environmental management laws, means:

(1) the accumulations of water, surface and underground, natural and artificial, public and private; or

(2) a part of the accumulations of water;

that are wholly or partially within, flow through, or border upon Indiana.

(b) The term "waters" does not include:

(1) an exempt isolated wetland;

(2) a private pond; or

(3) an off-stream pond, reservoir, wetland, or other facility built for reduction or control of pollution or cooling of water before discharge.

(c) The term includes all waters of the United States, as defined in Section 502(7) of the federal Clean Water Act (33 U.S.C. 1362(7)), that are located in Indiana.

[Pre-1996 Recodification Citations: 13-1-3-1.5 part; 13-7-1-3 part; 13-7-1-27.]

As added by P.L.1-1996, SEC.1. Amended by P.L.183-2002, SEC.1; P.L.282-2003, SEC.31; P.L.52-2004, SEC.4.
Ind. Code § 13-11-2-150 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-150
"Owner"
Status: in_force

Sec. 150. (a) "Owner", for purposes of IC 13-23 (except as provided in subsections (b), (c), (d), (e), (f) and (g)) means:

(1) for an underground storage tank or aboveground storage tank that:

(A) was:

(i) in use on November 8, 1984; or

(ii) brought into use after November 8, 1984;

for the storage, use, or dispensing of regulated substances, a person who owns the underground storage tank or aboveground storage tank or the real property that is the underground storage tank site or aboveground storage tank site, or both; or

(B) was:

(i) in use before November 8, 1984; but

(ii) no longer in use on November 8, 1984;

a person who owned the tank immediately before the discontinuation of the tank's use; or

(2) a person who conveyed ownership or control of the underground storage tank or aboveground storage tank to a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government because of:

(A) bankruptcy;

(B) foreclosure;

(C) tax delinquency, including a conveyance under IC 6-1.1-24 or IC 6-1.1-25;

(D) abandonment;

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

(F) receivership;

(G) 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;

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

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

if the person was a person described in subdivision (1) immediately before the person conveyed ownership or control of the underground storage tank or aboveground storage tank.

(b) "Owner", for purposes of IC 13-23-13, does not include a person who:

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

(2) is otherwise not engaged in the:

(A) production;

(B) refining; and

(C) marketing;

of regulated substances; and

(3) holds indicia of ownership primarily to protect the owner's security interest in the tank.

(c) "Owner", for purposes of IC 13-23, does not include 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:

(1) forecloses on the underground storage tank or aboveground storage tank; and

(2) 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.

(d) "Owner", for purposes of IC 13-23, does not include a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government that acquired ownership or control of an underground storage tank or aboveground storage tank because of:

(1) bankruptcy;

(2) foreclosure;

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

(4) abandonment;

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

(6) receivership;

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

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

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

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

unless the political subdivision or unit of federal or state government causes or contributes to the release or threatened release of a regulated substance, in which case the political subdivision or unit of federal or state government is subject to IC 13-23 in the same manner and to the same extent as a nongovernmental entity under IC 13-23.

(e) "Owner", for purposes of IC 13-23, does not include a nonprofit corporation that acquired ownership or control of an underground storage tank or aboveground storage tank to assist and support a political subdivision's revitalization and reuse of a brownfield for noncommercial purposes, including conservation, preservation, and recreation, unless the nonprofit corporation causes or contributes to the release or threatened release of a regulated substance, in which case the nonprofit corporation is subject to IC 13-23 in the same manner and to the same extent as any other nongovernmental entity under IC 13-23.

(f) "Owner" 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.

(g) "Owner" 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 13-7-20-4; subsection (b) formerly 13-7-20-24.]

As added by P.L.1-1996, SEC.1. Amended by P.L.208-2005, SEC.10; P.L.221-2007, SEC.4; P.L.78-2009, SEC.6; P.L.159-2011, SEC.5; P.L.176-2023, SEC.22.
Ind. Code § 13-23-13-7 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-7
Use of funds for corrective actions; nonpetroleum underground storage tanks
Status: in_force

Sec. 7. The commissioner, under rules adopted under IC 13-23-1-2, may use money in the hazardous substances response trust fund to pay the following expenses associated with underground storage tanks used to contain regulated substances other than petroleum:

(1) Expenses incurred by the state for the following:

(A) Corrective actions that are ordered or undertaken under this chapter.

(B) Enforcement of this article.

(2) Expenses incurred by the state under section 8 of this chapter in recovering the costs of corrective actions.

(3) Administrative expenses and personnel expenses incurred by the state in carrying out this article.

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

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-20-16-3 — Indiana Code / Title 13 / Article 20 / Chapter 16 / Section 13-20-16-3
Time limit on possession of used battery; violations
Status: in_force

Sec. 3. A retailer or wholesaler that accepts a used lead acid battery under section 2 of this chapter may not retain possession of the battery for more than ninety (90) days. A person who violates this section commits a Class C infraction.

[Pre-1996 Recodification Citation: 13-1-15-8.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-17-8-2 — Indiana Code / Title 13 / Article 17 / Chapter 8 / Section 13-17-8-2
Fees; owner or operator of source requiring permit
Status: in_force

Sec. 2. (a) The owner or operator of a source subject to the requirement to obtain a permit necessary to implement 42 U.S.C. 7661 through 7661f shall pay a fee determined by the board under rules adopted under IC 4-22-2.

(b) The department shall do the following:

(1) Collect the fees described in subsection (a).

(2) Deposit the fees in the Title V operating permit program trust fund.

[Pre-1996 Recodification Citation: 13-1-1-26(a), (b).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-142 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-142
"Nonoperational storage tank"
Status: in_force

Sec. 142. "Nonoperational storage tank", for purposes of IC 13-23, means an underground storage tank:

(1) in which regulated substances are not deposited; or

(2) from which regulated substances are not dispensed;

after November 8, 1984.

[Pre-1996 Recodification Citation: 13-7-20-2.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-15-9-2 — Indiana Code / Title 13 / Article 15 / Chapter 9 / Section 13-15-9-2
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-9-1(b).]

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.104. Repealed by P.L.3-2026, SEC.3.
Ind. Code § 13-11-2-248 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-248
"Waste minimization"
Status: in_force

Sec. 248. "Waste minimization", for purposes of environmental management laws, means a process that leads to:

(1) preventing the creation of waste; or

(2) a diminution in the volume of waste being generated.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-25.6.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-14-1-16 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-16
Board abolished; transfer of powers
Status: repealed

Sec. 16. The clean manufacturing technology board established by IC 13-27.5 (repealed) is abolished. All powers, duties, assets, and liabilities of the clean manufacturing technology board are transferred to the department.

As added by P.L.37-2012, SEC.19.
Ind. Code § 13-18-12-9 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-9
Prohibition against discharge of sewage into waters; exception for county onsite waste management districts; guidelines or rules
Status: in_force

Sec. 9. (a) This section applies only in a county onsite waste management district established under IC 36-11.

(b) Except as provided in subsection (c), the point source discharge of sewage, treated or untreated, from a dwelling or its associated residential sewage disposal system to waters is prohibited.

(c) The point source discharge of treated sewage from an onsite residential sewage discharging disposal system to waters is permitted if:

(1) the local health department for the jurisdiction in which the system is located issues an operating permit for the system under subsection (d); and

(2) the discharge is authorized under a general permit issued under 40 CFR 122.28.

(d) In a county onsite waste management district established under IC 36-11 that performs all the functions related to onsite waste management listed in IC 36-11-2-1, the local health department for the jurisdiction in which the system is located may issue an operating permit for an onsite residential sewage discharging disposal system if the system is installed to repair or replace a sewage disposal system that fails to meet public health and environmental standards and if:

(1) the local health department adopts procedural rules for monitoring onsite residential sewage discharging disposal systems in the jurisdiction, including fines or penalties, or both, for noncompliance, to ensure that:

(A) required maintenance is performed on the systems; and

(B) the systems do not discharge effluent that violates water quality standards;

(2) the local health department certifies, with respect to the system for which the permit is issued, that:

(A) the system is capable of operating properly;

(B) the system does not discharge effluent that violates water quality standards;

(C) an acceptable septic tank soil absorption system cannot be located on the property served by the system because of:

(i) soil characteristics;

(ii) size; or

(iii) topographical conditions;

of the property;

(D) the system:

(i) was properly installed by a qualified installer; and

(ii) provides the best available technology for residential discharging onsite sewage disposal systems; and

(E) the local health department has:

(i) investigated all technologies available for repair of the sewage disposal system that fails to meet public health and environmental standards other than the use of an onsite residential sewage discharging disposal system; and

(ii) determined that an onsite residential sewage discharging disposal system is the only possible technology that can be used to effect a repair of the sewage disposal system that fails to meet public health and environmental standards without causing unreasonable economic hardship to the system owner; and

(3) the system for which the permit is issued cannot be connected to a sanitary sewer because:

(A) there is not a local, municipal, or regional sanitary sewer connection available;

(B) the sanitary sewer operator refuses connection; or

(C) unreasonable economic hardship would result to the system owner because of:

(i) the connection requirements of the sanitary sewer operator; or

(ii) the distance to the sanitary sewer.

(e) For purposes of providing guidance to local health departments in taking the actions and making the determinations described in subsection (d):

(1) the technical review panel established under IC 16-19-3-27.5 may adopt guidelines;

(2) the Indiana department of health, with guidance provided by the technical review panel established under IC 16-19-3-27.5, may issue rules under IC 4-22-2 or adopt guidelines; or

(3) the environmental rules board may adopt rules under IC 4-22-2 and IC 13-14-9 or adopt guidelines;

concerning onsite residential sewage discharging disposal systems.

As added by P.L.172-2002, SEC.4. Amended by P.L.104-2022, SEC.83; P.L.192-2023, SEC.3.
Ind. Code § 13-17-15-6 — Indiana Code / Title 13 / Article 17 / Chapter 15 / Section 13-17-15-6
Repealed
Status: repealed

As added by P.L.181-2018, SEC.4. Repealed by P.L.135-2026, SEC.143.
Ind. Code § 13-25-5-2 — Indiana Code / Title 13 / Article 25 / Chapter 5 / Section 13-25-5-2
Application; confidentiality; conditions; fee
Status: in_force

Sec. 2. (a) A person who desires to participate in the voluntary remediation program under this chapter must submit an application and a fee to the department as described under subsection (c).

(b) Except as provided under section 5(c) of this chapter, any information submitted to the division of the department responsible for reviewing and making determinations on applications under this chapter is confidential between the applicant and the department until the applicant and the commissioner sign a voluntary remediation agreement.

(c) An application submitted under this section must meet the following conditions:

(1) Be on a form provided by the department.

(2) Contain the following:

(A) General information concerning:

(i) the person;

(ii) the site; and

(iii) other background information;

as requested by the department.

(B) An environmental assessment of the actual or threatened release of the hazardous substance or petroleum at the site.

(3) Be accompanied by an application fee of one thousand dollars ($1,000). However, a political subdivision is not required to submit an application fee under this section.

(d) A fee collected under this section shall be deposited in the voluntary remediation fund established by section 21 of this chapter.

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

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.17.
Ind. Code § 13-21-3-15.5 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-15.5
Appeal for additional levy
Status: in_force

Sec. 15.5. (a) A district may appeal to the department of local government finance to have a property tax rate in excess of the rate permitted by section 12 of this chapter. The appeal may be granted if the district with respect to 2001 property taxes payable in 2002:

(1) imposed the maximum property tax rate established under section 12 of this chapter; and

(2) collected property tax revenue in an amount less than the maximum permissible ad valorem property tax levy determined for the district under IC 6-1.1-18.5.

(b) The procedure applicable to maximum levy appeals under IC 6-1.1-18.5 applies to an appeal under this section.

(c) An additional levy granted under this section may not exceed the rate calculated to result in a property tax levy equal to the maximum permissible ad valorem property tax levy determined for the district under IC 6-1.1-18.5.

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

As added by P.L.178-2002, SEC.88. Amended by P.L.146-2008, SEC.423.
Ind. Code § 13-21-3-13.5 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-13.5
Reports on funds
Status: in_force

Sec. 13.5. (a) At the end of each year the district shall prepare, on a form designed by the department of local government finance, a report that is accessible through the computer gateway administered by the office of technology established by IC 4-13.1-2-1 and that provides the following information:

(1) For each fund that contains district money:

(A) the cash balance at the end of the year;

(B) a list of all encumbrances on the fund that the district is legally obligated to pay;

(C) a copy of documentation that supports each encumbrance listed in clause (B);

(D) the fund balance obtained by subtracting the amount under clause (B) from the amount under clause (A);

(E) the total expenditures from the fund for the year; and

(F) any other financial information required by the department.

(2) The total of all fund balances calculated under subdivision (1)(D).

(3) The total of all fund expenditures reported under subdivision (1)(E).

(4) Any programmatic information required by the department.

(5) The total amount of expenditures by the district for the year.

(6) The per capita expenditures by the district for the year.

(7) The amount of expenditures by the district for the year for personnel costs.

(8) The amount of expenditures by the district for the year for program costs (excluding personnel costs).

(9) The total amount of solid waste (in tons) disposed of in the district for the year for which the district is directly responsible.

(10) The total amount of recycling (in tons) carried out in the district in the year for which the district is directly responsible.

(b) The district shall provide the report prepared under subsection (a):

(1) to the department and to the department of local government finance in a format prescribed by the department; and

(2) to the legislative council in an electronic format under IC 5-14-6;

by March 1 of the year following the year for which the report is made.

(c) The district shall publish the annual report prepared under subsection (a) on a website maintained by the district or on the websites maintained by the counties that are members of the district.

As added by P.L.45-1997, SEC.14. Amended by P.L.90-2002, SEC.368; P.L.37-2012, SEC.52; P.L.257-2013, SEC.35; P.L.23-2026, SEC.99.
Ind. Code § 13-15-7-1 — Indiana Code / Title 13 / Article 15 / Chapter 7 / Section 13-15-7-1
Criteria for revocation or modification of permit
Status: in_force

Sec. 1. Except as provided in sections 2 and 4 of this chapter, the commissioner or a designated staff member may revoke or modify a permit granted by the department under environmental management laws or IC 13-7 (before its repeal) for any of the following causes:

(1) Violation of any condition of the permit.

(2) Failure to disclose all of the relevant facts.

(3) Any misrepresentation made in obtaining the permit.

(4) Changes in circumstances relating to the permit that require either a temporary or permanent reduction in the discharge of contaminants.

(5) Any other change, situation, or activity relating to the use of a permit that, in the judgment of the department, is not consistent with the following:

(A) The purposes of this title.

(B) Rules adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2.

[Pre-1996 Recodification Citation: 13-7-10-5(a).]

As added by P.L.1-1996, SEC.5. Amended by P.L.224-1999, SEC.6; P.L.14-2000, SEC.36; P.L.113-2014, SEC.66.
Ind. Code § 13-11-2-217 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-217
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1996, SEC.2. Repealed by P.L.127-1997, SEC.2.
Ind. Code § 13-13-8-5 — Indiana Code / Title 13 / Article 13 / Chapter 8 / Section 13-13-8-5
Repealed
Status: repealed

As added by P.L.133-2012, SEC.72. Repealed by P.L.135-2026, SEC.67.
Ind. Code § 13-11-2-151.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-151.3
"Participate in management" for purposes of IC 13-24-1
Status: in_force

Sec. 151.3. (a) "Participate in management", for purposes of IC 13-24-1, means actually participating in the management or operational affairs of a petroleum facility.

(b) The term does not include the following:

(1) Merely having the capacity to influence, or the unexercised right to control, petroleum facility operations.

(2) Performing an act or failing to perform an act before the time at which a security interest is created in a petroleum facility.

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

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

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

(6) Monitoring or undertaking at least one (1) inspection of a petroleum facility.

(7) Requiring a response action or other lawful means of addressing the release or threatened release of petroleum in connection with the petroleum facility prior to, during, or on the expiration of the term of the extension of credit.

(8) Providing financial advice or other advice or counseling in an effort to mitigate, prevent, or cure default or decrease in the value of a petroleum facility.

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

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

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

(A) for the overall management of the petroleum facility, encompassing day to day decision making with respect to environmental compliance; or

(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the petroleum facility other than the function of environmental compliance.

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

(1) in which the lessor does not initially select the leased petroleum facility and does not during the lease term control the daily operations or maintenance of the petroleum facility; or

(2) that conforms with regulations issued by:

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

(B) the National Credit Union Administration Board.

As added by P.L.90-1998, SEC.10.
Ind. Code § 13-21-1-1 — Indiana Code / Title 13 / Article 21 / Chapter 1 / Section 13-21-1-1
Adoption of plan; rules
Status: in_force

Sec. 1. The commissioner:

(1) shall adopt the state plan in final form; and

(2) may adopt rules under IC 4-22-2 to provide for the plan's implementation.

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

As added by P.L.1-1996, SEC.11. Amended by P.L.135-2026, SEC.224.
Ind. Code § 13-20.5-2-3 — Indiana Code / Title 13 / Article 20.5 / Chapter 2 / Section 13-20.5-2-3
Electronic waste fund; administration; refunds to manufacturers
Status: in_force

Sec. 3. (a) The electronic waste fund is established to implement this article. The fund shall be administered by the department.

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

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

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

(e) Beginning in 2011 and continuing each year thereafter, as of the last day of the state fiscal year, the department shall determine the total amount of the variable recycling fees that were collected for that state fiscal year under section 1(c) of this chapter.

(f) Except as provided in subsection (g), if the total amount of registration fees collected by the department for a state fiscal year under section 1(a) of this chapter exceeds the amount the department determines necessary to administer this article for the next state fiscal year, the department shall refund on a pro rata basis, to all manufacturers that paid any fees for the state fiscal year that contributed to those collections, the amount of fees collected by the department that exceeds the amount necessary to administer this article for the next state fiscal year.

(g) The department is not required to refund amounts under subsection (f) if either or both of the following apply:

(1) The refund amount determined under subsection (f) is less than one hundred dollars ($100).

(2) The amount the manufacturer claiming the refund recycled for the manufacturer's most recent program year was less than fifty percent (50%) of the amount the manufacturer was required to recycle for that program year under IC 13-20.5-4-1.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-2.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-2.3
Repealed
Status: repealed

As added by P.L.112-2015, SEC.2. Repealed by P.L.72-2017, SEC.2.
Ind. Code § 13-11-2-38.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-38.2
"Computer monitor"
Status: in_force

Sec. 38.2. (a) "Computer monitor", for purposes of this chapter and IC 13-20.5, means an electronic device that is:

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

(2) primarily intended to display information from a central processing unit or the Internet.

(b) The term includes a laptop computer.

As added by P.L.178-2009, SEC.7.
Ind. Code § 13-14-9-4.2 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-4.2
Department required to provide regulatory analysis to board
Status: in_force

Sec. 4.2. Not less than fourteen (14) days before the date of preliminary adoption of a proposed rule by a board, the department shall make available to the board the latest version of the regulatory analysis prepared for the proposed rule.

As added by P.L.240-2003, SEC.6. Amended by P.L.226-2005, SEC.2; P.L.123-2006, SEC.28; P.L.249-2023, SEC.54.
Ind. Code § 13-22-3-8 — Indiana Code / Title 13 / Article 22 / Chapter 3 / Section 13-22-3-8
Incinerator for destruction of PCB; permits
Status: in_force

Sec. 8. A permit may not be issued under this chapter for the construction or operation of an incinerator for the destruction of PCB at levels established under the federal Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or regulations adopted under the federal Toxic Substances Control Act and operated as a hazardous waste facility if the incinerator:

(1) burns or will burn municipal waste to fuel the incineration process; and

(2) is or will be in a solid waste management district established under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal);

unless the solid waste management district has incorporated the incinerator as an active part of the district solid waste management plan submitted by the solid waste management district under IC 13-21-5-1 or IC 13-9.5-4-1 (before its repeal) and approved by the commissioner under IC 13-21-5-8, IC 13-21-5-9, or IC 13-9.5-4-3 (before its repeal).

[Pre-1996 Recodification Citation: 13-7-8.5-11.]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-15-1-1 — Indiana Code / Title 13 / Article 15 / Chapter 1 / Section 13-15-1-1
Air pollution permitting
Status: in_force

Sec. 1. The board shall establish requirements for the issuance of permits to control air pollution, including the following:

(1) Permits to control or limit the emission of any contaminants into the atmosphere.

(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 air.

(3) Permits for the operation of facilities, equipment, or devices to control or limit the discharge, emission, or disposal of any contaminants into the environment.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.95; P.L.135-2026, SEC.107.
Ind. Code § 13-22-12-7 — Indiana Code / Title 13 / Article 22 / Chapter 12 / Section 13-22-12-7
Remittance of fees or installments
Status: in_force

Sec. 7. A person must remit a hazardous waste annual operation fee or an installment established by the department under IC 13-16-2 to the department not more than thirty (30) days after the date the fee is assessed or on the date the installment is due.

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

As added by P.L.1-1996, SEC.12. Amended by P.L.130-1996, SEC.6; P.L.2-1997, SEC.46.
Ind. Code § 13-18-12-2 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-2
Actions prohibited without permit; issuance of certain permits by the department
Status: in_force

Sec. 2. (a) A person may not transport, treat, store, or dispose of septage in violation of this chapter.

(b) A person may not engage in:

(1) the cleaning of sewage disposal systems; or

(2) the transportation, treatment, storage, or disposal of septage;

without a septage management permit unless the person is exempted under section 7 of this chapter.

(c) A person may not dispose of septage by land application without first obtaining approval of the land application site under this chapter.

(d) The department may issue a septage management permit that incorporates approval of a land application site.

(e) The department may issue new and renewal permits and approvals under this chapter for a period the department determines appropriate. However, the period may not exceed three (3) years.

[Pre-1996 Recodification Citation: 13-7-8.8-3.]

As added by P.L.1-1996, SEC.8. Amended by P.L.31-1999, SEC.1; P.L.114-2008, SEC.10; P.L.159-2011, SEC.25; P.L.37-2012, SEC.20.
Ind. Code § 13-14-11-5 — Indiana Code / Title 13 / Article 14 / Chapter 11 / Section 13-14-11-5
Confidentiality agreements
Status: in_force

Sec. 5. The department may execute confidentiality agreements with persons employed, contracted, or subcontracted by the department that is enforceable by:

(1) the state; and

(2) the submitter of the information.

[Pre-1996 Recodification Citation: 13-7-16-3(d).]

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.92; P.L.135-2026, SEC.105.
Ind. Code § 13-20-8-9 — Indiana Code / Title 13 / Article 20 / Chapter 8 / Section 13-20-8-9
Notification of criteria regarding contents
Status: in_force

Sec. 9. (a) A generator that ships solid waste to a waste-to-energy facility must, before the facility accepts the solid waste, notify the facility if the solid waste meets any of the following criteria:

(1) The solid waste contains:

(A) a volatile:

(i) liquid; or

(ii) solid;

(B) a powder;

(C) a flammable material;

(D) an allergen; or

(E) a sensitizer.

(2) The solid waste:

(A) was segregated from other solid waste; or

(B) received special preparation for shipment.

(3) The solid waste is a bulk material.

(4) The solid waste is a waste resulting directly from a manufacturing process.

(b) The notification under subsection (a) is required before each shipment by a generator of solid waste in bulk quantities to a waste-to-energy facility.

As added by P.L.218-2001, SEC.8.
Ind. Code § 13-26-2-2.5 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-2.5
Petitions; notice
Status: in_force

Sec. 2.5. (a) Before a representative may file a petition to establish a district, the representative must provide notice to all owners of property to be served by the proposed district that is the subject of the petition.

(b) Notice under subsection (a) must be provided as follows:

(1) Beginning at least thirty (30) days before the date on which a public meeting under subsection (c) is scheduled, by publication of notice for three (3) consecutive weeks:

(A) with each publication of notice:

(i) in at least two (2) newspapers of general circulation in each of the counties, in whole or in part, in the proposed district; or

(ii) if there is only one (1) newspaper of general circulation in a county, a single publication in one (1) newspaper satisfies the requirement of this subdivision; or

(B) with the first publication of notice made in a newspaper or newspapers described in clause (A) and the two (2) subsequent publications of notice:

(i) in accordance with IC 5-3-5; and

(ii) on the official website of each county in the proposed district.

(2) Beginning at least fourteen (14) days before the date on which a public meeting under subsection (c) is scheduled, by:

(A) first class United States mail, postage prepaid, mailed to each freeholder within the proposed district; and

(B) broadcasting at least three (3) public service announcements each day for fourteen (14) days on at least two (2) radio stations operating in each of the counties, in whole or in part, in the proposed district.

(c) After providing notice under subsection (b), a representative that seeks to file a petition to establish a district must conduct a public meeting to discuss and receive comments on the proposed district.

(d) A representative may not file a petition to establish a district:

(1) more than one hundred eighty (180) or less than sixty (60) days after providing notice under subsection (b); or

(2) less than thirty (30) days after a meeting held under subsection (c).

As added by P.L.97-2012, SEC.4. Amended by P.L.292-2013, SEC.4; P.L.152-2021, SEC.13; P.L.23-2026, SEC.101.
Ind. Code § 13-13-7.1-14 — Indiana Code / Title 13 / Article 13 / Chapter 7.1 / Section 13-13-7.1-14
Repealed
Status: repealed

As added by P.L.53-2014, SEC.119. Repealed by P.L.135-2026, SEC.64.
Ind. Code § 13-21-3-11 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-11
Citizen solid waste management advisory committee; membership; functions
Status: in_force

Sec. 11. (a) The board of each district shall appoint and convene a solid waste management advisory committee of citizens not later than thirty (30) days after the board has been established. The committee must include the following:

(1) Representatives of the solid waste management industry operating in the district.

(2) Representatives of the environmental community and other citizens who are:

(A) knowledgeable about and interested in environmental issues; and

(B) not employed directly or indirectly by the solid waste management industry.

(b) At least fifty percent (50%) of the members of an advisory committee must be made up of the representatives of the environmental community and other citizens. All members of the committee must be residents of the district.

(c) In the resolution establishing an advisory committee, the board shall specify the terms of the members and the purposes of the committee. Each advisory committee shall do the following:

(1) Study the subjects and problems specified by the board and recommend to the board additional problems in need of study and discussion.

(2) If invited by the board to do so, participate, without the right to vote, in the deliberations of the board.

(d) An advisory committee shall report only to the board. Reports of the committee must:

(1) accompany a final district plan when the plan is submitted to the commissioner under IC 13-21-5; and

(2) be made available to members of the public.

(e) An advisory committee may choose to study and report on matters that are not specified by the board if the committee determines a study is warranted.

(f) An advisory committee and board shall conduct at least two (2) joint meetings each year to discuss current and future issues. The advisory committee shall submit into the record at the next meeting of the board advice on the topics discussed at the joint meeting.

(g) An advisory committee shall do the following:

(1) Meet after the first publication of the district's proposed annual budget.

(2) Submit written comments concerning the proposed budget at a public hearing that is held to review the proposed budget.

[Pre-1996 Recodification Citation: 13-9.5-2-10.]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-20-12-1 — Indiana Code / Title 13 / Article 20 / Chapter 12 / Section 13-20-12-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

[Pre-1996 Recodification Citation: 13-7-19-1.]

As added by P.L.1-1996, SEC.10. Amended by P.L.11-2023, SEC.47.
Ind. Code § 13-29-2-6 — Indiana Code / Title 13 / Article 29 / Chapter 2 / Section 13-29-2-6
Members of the commission; jurisdiction of courts; enforcement actions
Status: in_force

Sec. 6. (a) There is granted to the commission and the commissioners all the powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every way. All officers of the state shall do all things falling within their respective provinces and jurisdiction necessary to or incidental to the carrying out of the compact in every way. It is the policy of the state to perform and carry out the compact and to accomplish the purposes of the compact. All officers, bureaus, departments, and persons of and in the state government or administration of the state shall, at convenient times and upon request of the commission:

(1) furnish the commission with information and data possessed by any of them; and

(2) aid the commission by loan of personnel or other means lying within their legal powers respectively.

(b) The courts of general jurisdiction of the state have the jurisdiction specified in Article 9 of the compact, and the office of the attorney general or any other law enforcing officer of the state may institute any action for the enforcement of the orders of the commission as specified in Article 9 of the compact.

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

As added by P.L.1-1996, SEC.19.
Ind. Code § 13-21-7-11 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-11
Factors to consider in determining amount of tax levy
Status: in_force

Sec. 11. (a) In fixing the amount of the necessary levy, the board shall consider:

(1) the amount of net revenues, if any, to be derived from the collection of fees under this article; or

(2) any other net revenues collected under the following:

(A) IC 13-21-3-13.

(B) This chapter.

(C) IC 13-21-8 through IC 13-21-12.

(D) IC 13-21-14.

(b) Instead of making the levy or to reduce the amount of the levy, the board shall annually set aside by resolution the amount of the net revenues to be collected before maturity of the principal and interest of the waste management district bonds payable in the following year.

(c) If the board adopts this resolution under subsection (b), the board may not use any part of the amount set aside out of the net revenues for any purpose other than the payment of waste management district bonds and the interest on the bonds. A proportionate payment of this amount shall be made monthly to the fund.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-21-5-5 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-5
Public meetings; advisory committee
Status: in_force

Sec. 5. (a) An advisory committee established under IC 13-21-3-11 must conduct at least one (1) regularly scheduled public meeting each month before reporting to the board on any matter.

(b) After a board adopts a district plan, the advisory committee appointed by the board shall meet as follows:

(1) At least four (4) times each year.

(2) At the request of the board.

(c) Public comments shall be taken at each advisory committee meeting.

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

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

Sec. 5. For purposes of the collection of fees under IC 13-20-22, the county and state identified to the owner or operator of the facility under section 2(1) of this chapter with respect to a quantity of solid waste transported in a vehicle is considered the county and state in which the entire quantity of solid waste was generated.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.131-2006, SEC.7.
Ind. Code § 13-25-2-10.4 — Indiana Code / Title 13 / Article 25 / Chapter 2 / Section 13-25-2-10.4
Annual fee; exceptions
Status: in_force

Sec. 10.4. (a) Except as provided in subsection (c), each year, a fee is imposed on a facility that must submit an emergency and hazardous chemical inventory form under section 10 of this chapter. The amount of the fee is as follows:

(1) For a facility in which at least one million (1,000,000) pounds of any hazardous chemical was present at one (1) time during the year preceding the year in which the fee is imposed, a fee of two hundred dollars ($200).

(2) For a facility in which, in the year preceding the year in which the fee is imposed, one (1) or more hazardous chemicals were present in amounts exceeding the threshold quantities established under 42 U.S.C. 11022(b), but the total amount of any hazardous chemical present did not at any one (1) time equal or exceed one million (1,000,000) pounds, a fee of one hundred dollars ($100).

(3) For a facility that contains underground storage tanks (as defined in IC 13-11-2-241) and was subject to the reporting requirement in 42 U.S.C. 6991a(a), but in which, in the year preceding the year in which the fee is imposed, no hazardous chemicals were present in amounts exceeding the threshold quantities established under 42 U.S.C. 11022(b) (other than substances stored in underground storage tanks that must be reported under 42 U.S.C. 6991a(a)), a fee of fifty dollars ($50).

(b) A facility subject to the fee imposed by this section shall pay this fee as required by section 10 of this chapter.

(c) The fee established by this section is not applicable to a facility that is owned or operated by any of the following:

(1) The United States government or an agency or instrumentality of the United States government.

(2) The state and its agencies.

(3) A state educational institution as defined in IC 21-7-13-32.

(4) A political subdivision as defined in IC 36-1-2-13.

As added by P.L.85-2015, SEC.13. Amended by P.L.10-2017, SEC.1.
Ind. Code § 13-11-2-133 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-133
"Municipal waste"
Status: in_force

Sec. 133. (a) "Municipal waste", for purposes of:

(1) IC 13-20-4;

(2) IC 13-20-6;

(3) IC 13-20-21;

(4) IC 13-20-23;

(5) IC 13-20.5-10;

(6) IC 13-22-1 through IC 13-22-8; and

(7) IC 13-22-13 through IC 13-22-14;

means any garbage, refuse, industrial lunchroom or office waste, and other similar material resulting from the operation of residential, municipal, commercial, or institutional establishments and community activities.

(b) The term does not include the following:

(1) Hazardous waste regulated under:

(A) IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14; or

(B) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on January 1, 1990.

(2) Infectious waste (as defined in IC 16-41-16-4).

(3) Wastes that result from the combustion of coal and that are referred to in IC 13-19-3-3.

(4) Materials that are being transported to a facility for reprocessing or reuse.

(c) As used in subsection (b)(4), "reprocessing or reuse" does not include either of the following:

(1) Incineration.

(2) Placement in a landfill.

(d) "Municipal waste", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-3.

[Pre-1996 Recodification Citations: 13-7-8.5-11 part; 13-7-10.5-3; 13-7-16.1-2(c); 13-7-31-2.]

As added by P.L.1-1996, SEC.1. Amended by P.L.133-1998, SEC.5; P.L.138-2000, SEC.2; P.L.218-2001, SEC.1; P.L.178-2009, SEC.14; P.L.126-2014, SEC.2.
Ind. Code § 13-23-2-2 — Indiana Code / Title 13 / Article 23 / Chapter 2 / Section 13-23-2-2
Restrictions on enactment and enforcement of ordinances; exception
Status: in_force

Sec. 2. A unit of local government may not enact or enforce an ordinance that requires:

(1) a permit;

(2) a license;

(3) an approval;

(4) an inspection; or

(5) the payment of a fee or tax;

for the installation, use, retrofitting, closure, or removal of an underground storage tank or aboveground storage tank unless the department has approved the ordinance or a proposed ordinance in writing.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.32.
Ind. Code § 13-21-5-7 — Indiana Code / Title 13 / Article 21 / Chapter 5 / Section 13-21-5-7
Special meetings; notice
Status: in_force

Sec. 7. (a) If the board conducts a meeting other than a regularly scheduled public meeting conducted under section 2 of this chapter:

(1) notice of the meeting must be given in accordance with IC 5-14-1.5-5;

(2) an agenda of the meeting must be posted at least forty-eight (48) hours in advance under IC 5-14-1.5-4; and

(3) the board shall notify a general circulation newspaper in each county that makes up the district of the meeting and the agenda to be discussed.

(b) The notice to the newspaper under this section shall be given by:

(1) first class mail if notice can reasonably be expected to reach the newspaper at least forty-eight (48) hours before the meeting; and

(2) telephone if notice cannot reasonably be expected to reach the newspaper under subdivision (1).

(c) At the meeting, the board may discuss only those matters that were indicated on the meeting agenda prepared under this section.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-25-1-1 — Indiana Code / Title 13 / Article 25 / Chapter 1 / Section 13-25-1-1
Establishment
Status: in_force

Sec. 1. The Indiana emergency response commission is established.

[Pre-1996 Recodification Citation: 13-7-36-2.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-66.7 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-66.7
Repealed
Status: repealed

As added by P.L.123-1997, SEC.5. Repealed by P.L.57-2009, SEC.18.
Ind. Code § 13-30-5-1 — Indiana Code / Title 13 / Article 30 / Chapter 5 / Section 13-30-5-1
Interference with department inspection or investigation
Status: in_force

Sec. 1. Except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who obstructs, delays, resists, prevents, or interferes with:

(1) the department; and

(2) the department's personnel or designated agent;

in the performance of an inspection or investigation performed under IC 13-14-2-2 commits a Class C infraction. Each day of violation of this section constitutes a separate infraction.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-18-8-6 — Indiana Code / Title 13 / Article 18 / Chapter 8 / Section 13-18-8-6
Municipal pollution control works; governing law
Status: in_force

Sec. 6. (a) Subject to subsection (b):

(1) the construction, acquisition, improvement, equipment, custody, operation, repair, and maintenance of a plant, machinery, or works by a municipal corporation in compliance with a final order of the commissioner, other than the financing; and

(2) the rights, powers, and duties of the municipal corporation and the respective officers and departments of the municipal corporation, whether the plant, machinery, or works is financed by the issuance of revenue or direct obligation bonds;

is governed by IC 36-9-23 to the extent that the provisions of IC 36-9-23 are applicable and do not conflict with any of the express provisions of the water pollution control laws.

(b) IC 36-9-23-12 does not apply to the construction, acquisition, equipping, improvement, repair, or maintenance of a plant, machinery, or works by any municipal corporation in compliance with a final order issued under the water pollution control laws or IC 13-1-3 before its repeal, and the objections or submission to the qualified voters of the municipal corporation:

(1) may not be authorized; and

(2) if objections are made, do not operate to justify or excuse failure to comply with the final order.

(c) IC 36-9-23 may not be construed to allow the municipal corporation or any of the officers of the municipal corporation discretion in the manner of complying with the order since complying with the order is mandatory.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-21-3-9 — Indiana Code / Title 13 / Article 21 / Chapter 3 / Section 13-21-3-9
Officers
Status: in_force

Sec. 9. (a) This section does not apply to a board of public works that constitutes the board of a county district under section 5(c) of this chapter.

(b) The board shall select the following:

(1) A chairperson and vice chairperson from the board's membership.

(2) A controller who is not a member of the board.

(c) If a controller selected by a board under this section is the fiscal officer of a county or municipality, the duties of the controller under a statute or an ordinance are in addition to the duties the controller has while serving as the fiscal officer of the county or municipality.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-119 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-119
"Lender"
Status: in_force

Sec. 119. (a) "Lender", for purposes of IC 13-23-13, means any of the following:

(1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).

(2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).

(3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).

(4) A leasing or trust company that is an affiliate of an insured depository institution.

(5) A person (including a successor or assignee of the person) that:

(A) makes a bona fide extension of credit to; or

(B) takes or acquires a security interest from;

a nonaffiliated person.

(6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.

(7) A person that:

(A) insures or guarantees against a default in the repayment of an extension of credit; or

(B) acts as a surety with respect to an extension of credit;

to a nonaffiliated person.

(8) A person that provides title insurance and that acquires an underground storage tank or aboveground storage tank as a result of assignment or conveyance in the course of underwriting claims and claims settlement.

(b) "Lender", for purposes of IC 13-24-1, means any of the following:

(1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).

(2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).

(3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).

(4) A leasing or trust company that is an affiliate of an insured depository institution.

(5) A person (including a successor or assignee of the person) that:

(A) makes a bona fide extension of credit to; or

(B) takes or acquires a security interest from;

a nonaffiliated person.

(6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.

(7) A person that:

(A) insures or guarantees against a default in the repayment of an extension of credit; or

(B) acts as a surety with respect to an extension of credit;

to a nonaffiliated person.

(8) A person that provides title insurance and that acquires a petroleum facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement.

(c) "Lender", for purposes of IC 13-25-4, means any of the following:

(1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).

(2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).

(3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).

(4) A leasing or trust company that is an affiliate of an insured depository institution.

(5) A person (including a successor or assignee of the person) that:

(A) makes a bona fide extension of credit to; or

(B) takes or acquires a security interest from;

a nonaffiliated person.

(6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.

(7) A person that:

(A) insures or guarantees against a default in the repayment of an extension of credit; or

(B) acts as a surety with respect to an extension of credit;

to a nonaffiliated person.

(8) A person that provides title insurance and that acquires a vessel or facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement.

[Pre-1996 Recodification Citation: 13-7-22.5-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.5; P.L.113-2014, SEC.51; P.L.176-2023, SEC.20.
Ind. Code § 13-20-15-4 — Indiana Code / Title 13 / Article 20 / Chapter 15 / Section 13-20-15-4
Additional prohibitions; exceptions; notice; approval; report
Status: in_force

Sec. 4. In addition to the prohibitions prescribed in section 2 of this chapter, a person may not use an item, a product, or a material containing a concentration of PCB equal to or greater than one hundred (100) ppm in the person's business in Indiana unless:

(1) the person files with the department:

(A) a written notice of intent to use:

(i) the PCB; or

(ii) the item, product, or material containing PCB;

in the person's business; and

(B) a plan for the disposal of all material containing PCB;

(2) the department approves the plan for disposal of the material containing PCB described in subdivision (1)(B); and

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

(A) the total amount of PCB used by the person; and

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

[Pre-1996 Recodification Citation: 13-7-16.5-5.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-30-7-6 — Indiana Code / Title 13 / Article 30 / Chapter 7 / Section 13-30-7-6
Election to resolve enforcement action
Status: in_force

Sec. 6. A business required to correct a violation that is subject to section 1 of this chapter may elect to resolve an enforcement action in the same manner as a business required to correct a violation that is not subject to section 1 of this chapter.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-11-2-253 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-253
"Waste-to-energy facility"
Status: in_force

Sec. 253. "Waste-to-energy facility", for purposes of IC 13-20 and IC 13-21, means a facility at which solid waste is converted into energy or another useful product by incineration.

[Pre-1996 Recodification Citation: 13-9.5-1-34.]

As added by P.L.1-1996, SEC.1. Amended by P.L.138-2000, SEC.4.
Ind. Code § 13-11-2-120.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-120.5
"Long term control plan"
Status: in_force

Sec. 120.5. "Long term control plan", for purposes of section 31.5 of this chapter, IC 13-14-9-14, and IC 13-18, means a plan that:

(1) is consistent with the federal Combined Sewer Overflow Control Policy (59 Fed. Reg. 18688);

(2) is developed in accordance with the recommendations set forth in Combined Sewer Overflows Guidance for Long-Term Control Plan (EPA 832B95002);

(3) describes changes and improvements to be made to a combined sewer system or to a publicly owned wastewater treatment plant for the purpose of meeting the requirements of the federal Clean Water Act and state law;

(4) is developed with public participation using a process that is designed to promote active involvement by the affected public, through opportunities to provide in the decision making to select long term control alternatives:

(A) information;

(B) opinions; and

(C) comments;

(5) is submitted to the department for approval; and

(6) does the following:

(A) Uses characterization, monitoring, and modeling of the combined sewer system to determine:

(i) the response of the combined sewer system to various precipitation events;

(ii) the characteristics of overflows from the combined sewer system; and

(iii) the water quality impacts that result from overflows from the combined sewer system.

(B) Considers the impact of combined sewer overflows on sensitive areas and gives highest priority to controlling overflows in those areas.

(C) Contains an evaluation of a reasonable range of control alternatives, taking into account expected and projected future growth.

(D) Contains cost and performance analyses of the control alternatives evaluated.

(E) Maximizes treatment of wet weather flows at a publicly owned treatment works (POTW) treatment plant.

(F) Contains a practicable implementation schedule for the selected control alternative.

(G) Contains a post-construction compliance monitoring program adequate to ascertain:

(i) the effectiveness of the selected control alternative; and

(ii) the extent to which water quality standards have been attained.

As added by P.L.140-2000, SEC.10. Amended by P.L.100-2006, SEC.5.
Ind. Code § 13-29-1-12 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-12
Commission members; per diems and expenses
Status: in_force

Sec. 12. (a) A Commission member or alternate appointed by the governor under section 11 of this chapter is entitled to the following:

(1) The minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing duties under this chapter.

(2) Reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Per diems and expenses under this section shall be paid from money appropriated to the department of environmental management.

[Pre-1996 Recodification Citation: 13-5-9-12.]

As added by P.L.1-1996, SEC.19.
Ind. Code § 13-11-2-240 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-240
"Underground petroleum storage tank"
Status: in_force

Sec. 240. "Underground petroleum storage tank", for purposes of IC 13-23, means an underground storage tank that is in operation after December 31, 1973.

[Pre-1996 Recodification Citation: 13-7-20-10.8.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-10.7-2 — Indiana Code / Title 13 / Article 18 / Chapter 10.7 / Section 13-18-10.7-2
Complaint based onsite inspection
Status: in_force

Sec. 2. The department may conduct complaint based onsite inspections of a confined feeding operation at the department's discretion. A complaint based onsite inspection of a confined feeding operation is not subject to the thirty (30) day prior notification requirements under section 3 of this chapter.

As added by P.L.192-2025, SEC.3.
Ind. Code § 13-11-2-245.4 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-245.4
"Video display device"
Status: in_force

Sec. 245.4. (a) "Video display device", for purposes of this chapter and IC 13-20.5, means a television or computer monitor, including a laptop computer, that:

(1) contains a cathode ray tube or flat panel screen with a screen size that is greater than four (4) inches measured diagonally; and

(2) is marketed by a manufacturer for use by covered entities.

(b) The term does not include the following:

(1) A video display device that is part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.

(2) A video display device, including a touch screen display, that is functionally or physically part of or connected to a system or equipment designed and intended for use in:

(A) an industrial;

(B) a commercial, including retail;

(C) a library checkout;

(D) a traffic control;

(E) a security, sensing, monitoring, or counterterrorism;

(F) a border control;

(G) a medical; or

(H) a governmental or research and development;

setting, including diagnostic, monitoring, or control equipment.

(3) A video display device that is contained within any of the following:

(A) Clothes washer or dryer.

(B) Refrigerator or refrigerator and freezer.

(C) Microwave oven or conventional oven or range.

(D) Dishwasher.

(E) Room air conditioner, dehumidifier, or air purifier.

(4) Either of the following that does not contain a video display area greater than nine (9) inches measured diagonally:

(A) A telephone.

(B) A device capable of using commercial mobile radio service (as defined in 47 CFR 20.3).

As added by P.L.178-2009, SEC.25.
Ind. Code § 13-20-17.5-5 — Indiana Code / Title 13 / Article 20 / Chapter 17.5 / Section 13-20-17.5-5
Restrictions on sale of mercury commodities
Status: in_force

Sec. 5. After July 1, 2003, a person may sell or provide a mercury commodity to another person in this state (other than for collection for recycling) only if:

(1) the person selling or providing the mercury commodity provides a material safety data sheet with the mercury commodity; and

(2) the person selling or providing the mercury commodity requires the purchaser or recipient to sign a statement with respect to the mercury in the mercury commodity that the purchaser or recipient:

(A) will use the mercury only:

(i) for medical purposes;

(ii) in dental amalgam dispose-caps;

(iii) for training;

(iv) for research; or

(v) for manufacturing purposes;

(B) understands that mercury is toxic;

(C) will store and use the mercury appropriately so that no individual is exposed to the mercury under normal conditions of use; and

(D) will not intentionally:

(i) place or cause to be placed; or

(ii) allow anyone under the control of the purchaser or recipient to place or cause to be placed;

the mercury commodity in solid waste for disposal, in a sewage disposal system, or in a wastewater treatment plant.

As added by P.L.225-2001, SEC.15. Amended by P.L.159-2011, SEC.31.
Ind. Code § 13-20-26-0.5 — Indiana Code / Title 13 / Article 20 / Chapter 26 / Section 13-20-26-0.5
"Applicant"
Status: in_force

Sec. 0.5. As used in this chapter, "applicant" means a person or company from the private sector.

As added by P.L.153-2023, SEC.1.
Ind. Code § 13-30-10-1 — Indiana Code / Title 13 / Article 30 / Chapter 10 / Section 13-30-10-1
Offenses involving information
Status: in_force

Sec. 1. (a) A person who knowingly or intentionally:

(1) makes a false material statement, representation, or certification in any form, notice, or report; or

(2) destroys, alters, conceals, withholds, or falsely certifies a record, report, plan or other document;

that is required to be filed or maintained under the terms of a permit issued by the department under IC 13-17 or IC 13-18 commits a Class B misdemeanor.

(b) A person who knowingly or intentionally tampers with, falsifies, or renders inaccurate or inoperative a recording or monitoring device or method, including the data gathered from the device or method, that is required to be maintained under a permit issued by the department under IC 13-17 or IC 13-18 commits a Class B misdemeanor.

(c) A person who knowingly or intentionally makes a false material statement or representation in any label, manifest, record, report, or other document that is required to be maintained or filed under a permit issued under IC 13-22 commits a Class B misdemeanor.

(d) Notwithstanding the maximum fine provisions of IC 35-50-3-3, criminal fines for a person convicted of an offense described in subsection (a) or (b) shall be assessable as follows:

(1) For a person regulated under IC 13-17, a fine in a maximum amount of not less than ten thousand dollars ($10,000) per day per violation, in accordance with the requirements of 40 CFR 70.11(a)(3).

(2) For a person regulated under IC 13-18, a fine in a maximum amount of not less than five thousand dollars ($5,000) per day per violation, in accordance with the requirements of 40 CFR 123.27(a)(3).

(e) Notwithstanding the maximum fine provisions of IC 35-50-3-3, 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, in accordance with the requirements of 40 CFR 271.16(a)(3).

(f) 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.137-2007, SEC.31. Amended by P.L.114-2008, SEC.25; P.L.181-2018, SEC.13.
Ind. Code § 13-21-12-6 — Indiana Code / Title 13 / Article 21 / Chapter 12 / Section 13-21-12-6
Alternative financing methods
Status: in_force

Sec. 6. The facilities or any part of the facilities to be financed under this article may be financed by any combination of one (1) or more of the methods provided for in this article.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-151.1 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-151.1
Repealed
Status: repealed

As added by P.L.132-1999, SEC.6. Amended by P.L.235-2005, SEC.128; P.L.233-2017, SEC.16. Repealed by P.L.189-2018, SEC.112.
Ind. Code § 13-11-2-228 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-228
"Tank"
Status: in_force

Sec. 228. "Tank", for purposes of IC 13-18-12, means any container that is placed on a vehicle to transport wastewater removed from a sewage disposal system.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-18-17-5.5 — Indiana Code / Title 13 / Article 18 / Chapter 17 / Section 13-18-17-5.5
Water well testing costs incurred by nontransient noncommunity water systems operated by certain nonprofit centers; reimbursement by department; procedures
Status: in_force

Sec. 5.5. (a) The department shall pay the costs of well water testing if:

(1) the testing is required by state law, federal law, or both; and

(2) the costs are incurred:

(A) after June 30, 2007;

(B) by a nontransient noncommunity water system operated by a nonprofit center for advocacy for abused and neglected children that does not provide overnight care on site; and

(C) for testing of water from a well operated by the entity as part of the system.

(b) To receive payment from the department for the costs described in subsection (a), an entity described in subsection (a)(2)(B) shall do the following:

(1) Conduct or cause to be conducted the testing required by state law, federal law, or both, by:

(A) submitting samples from the nontransient noncommunity water system to the Indiana department of health for testing; and

(B) arranging for a private laboratory to perform any tests not performed by the Indiana department of health.

(2) Submit to the department a request for reimbursement of the amount paid for the testing by the entity described in subsection (a)(2)(B). A request under this subdivision must include the following:

(A) The name or type of testing conducted.

(B) The date of the testing.

(C) The name of each laboratory conducting the testing.

(D) The cost of each test conducted.

(E) A paid invoice from each laboratory conducting the testing, indicating:

(i) the amount paid by the entity described in subsection (a)(2)(B); and

(ii) the date paid.

(F) The name of the facility served by the nontransient noncommunity water system.

(c) The department shall establish any additional procedures necessary for an entity referred to in subsection (a)(2)(B) to apply to the department for payments under subsection (a).

As added by P.L.61-2007, SEC.3. Amended by P.L.56-2023, SEC.130.
Ind. Code § 13-28-4-1 — Indiana Code / Title 13 / Article 28 / Chapter 4 / Section 13-28-4-1
Reports privileged
Status: in_force

Sec. 1. (a) The privilege created by this section does not apply to criminal investigations or proceedings. Environmental audit reports are admissible in criminal investigations or proceedings.

(b) Except as provided in section 2 of this chapter, an environmental audit report:

(1) is privileged; and

(2) is not admissible as evidence in a civil or an administrative legal action, including enforcement actions under IC 13-30-3.

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

As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.12.
Ind. Code § 13-11-2-35 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-35
"Commissioner"
Status: in_force

Sec. 35. (a) "Commissioner", except as provided in subsection (b), refers to the commissioner of the department of environmental management.

(b) "Commissioner", for purposes of IC 13-29-2-2 through IC 13-29-2-7, means a member of the Ohio River Valley Water Sanitation Commission.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-1-2(g); 13-1-3-1.5 part; 13-1-6-2(a) part; 13-1-6-2(c); 13-1-12-2; 13-3-2-1 part; 13-7-1-3 part; 13-7-1-6; 13-9-1-6 part; 13-9.5-1-1 part; 13-9.5-1-4; subsection (b) formerly 13-5-5-2 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-3-6 — Indiana Code / Title 13 / Article 22 / Chapter 3 / Section 13-22-3-6
Application for construction permit; contents
Status: in_force

Sec. 6. (a) An application for a permit for a hazardous waste treatment, storage, or disposal facility must include a closure plan. If hazardous waste is to be disposed of at the facility, the application must also include a postclosure monitoring and maintenance plan.

(b) The closure plan required under subsection (a) must include at a minimum the following:

(1) An estimate of the cost of closure.

(2) A description of the method of closure.

(3) Possible uses of the land after closure.

(4) Anticipated time before closure.

(5) An estimate of time to complete closure.

(c) The postclosure monitoring and maintenance plan required under subsection (a) must include at a minimum the following:

(1) An estimate of the cost of postclosure monitoring and maintenance for a period of thirty (30) years.

(2) A description of the system to be employed for security, groundwater and leachate monitoring, sampling analysis, and periodic reporting.

[Pre-1996 Recodification Citation: 13-7-8.5-5.1(a), (b), (c).]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-30-4-2 — Indiana Code / Title 13 / Article 30 / Chapter 4 / Section 13-30-4-2
Additional civil penalty; emergency orders
Status: in_force

Sec. 2. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who:

(1) is named in or directed by an emergency order under IC 13-14-10-1; and

(2) violates the order;

is liable for an additional civil penalty not to exceed five hundred dollars ($500) per hour of violation.

(b) The additional civil penalty described in subsection (a) shall be assessed in an action brought by the commissioner in any court with jurisdiction.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-21-12-2 — Indiana Code / Title 13 / Article 21 / Chapter 12 / Section 13-21-12-2
Securement of bond by trust indenture; provisions allowable in trust indenture or resolution
Status: in_force

Sec. 2. The bonds issued under this article or IC 13-9.5-9 (before its repeal) may be secured by a trust indenture between the district and a corporate trustee, which may be any national or state bank having its principal office in Indiana and having trust powers. The trust indenture or resolution under which the bonds are issued may do the following:

(1) Mortgage the land, interest in land, or the facilities for which the bonds are issued.

(2) Pledge the revenues or any other money, or any part of the revenues or money, to be received by the district.

(3) Contain the provisions for protecting and enforcing the rights and remedies of the bondholders or lenders that may be considered reasonable, including covenants setting forth the duties of the district or board in relation to the construction of the facilities and the custody, safeguarding, application, and investment of all money received or to be received by the district for the facilities financed by the issuance of the bonds.

(4) Provide for the establishment of reserve funds from the bond proceeds or from other sources to the extent authorized.

(5) Set forth the:

(A) rights and remedies of the bondholders and trust; and

(B) provisions restricting the individual rights or actions of bondholders.

(6) Contain provisions regarding the following:

(A) The investment of money.

(B) Sales, exchange, or disposal of property.

(C) The manner of authorizing and making of payments without regard to any general statute relating to these matters.

(7) Provide for the following:

(A) The payment of the proceeds of the sale of bonds to the trustee, officer, bank, or depository that may be determined under the trust indenture or resolution for the custody of the proceeds.

(B) The method of disbursement of the proceeds, with the safeguards and restrictions that are determined.

(8) Provide for the appointment of a receiver by the circuit or superior court of the county under terms and conditions that are considered reasonable.

(9) Contain other provisions that the district considers reasonable and proper for the security of the bondholders.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-156 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-156
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-10-4-1(a)(5).]

As added by P.L.1-1996, SEC.1. Repealed by P.L.135-2026, SEC.27.
Ind. Code § 13-11-2-43 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-43
"Contamination"
Status: in_force

Sec. 43. "Contamination", for purposes of IC 13-18-17, refers to the presence in groundwater of at least one (1) contaminant in a quantity or concentration that:

(1) is injurious to human health, plant or animal life, or property;

(2) interferes unreasonably with the enjoyment of life or property; or

(3) otherwise violates:

(A) environmental management laws; or

(B) rules adopted under environmental management laws.

[Pre-1996 Recodification Citation: 13-7-26-1.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-4-1 — Indiana Code / Title 13 / Article 22 / Chapter 4 / Section 13-22-4-1
Uniform Hazardous Waste Manifest form
Status: in_force

Sec. 1. (a) A person that generates hazardous waste that is transported to a:

(1) treatment;

(2) storage; or

(3) disposal;

facility located at a site other than the site where the waste was generated shall use the Uniform Hazardous Waste Manifest form adopted by the United States Environmental Protection Agency for purposes of the transportation of hazardous waste.

(b) In addition to any other information a person is required to enter on the Uniform Hazardous Waste Manifest form described in subsection (a), the person shall enter, in an appropriate place on the form, the waste codes for each hazardous waste in a shipment that is transported to the treatment, storage, or disposal facility.

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

As added by P.L.1-1996, SEC.12. Amended by P.L.143-2000, SEC.3.
Ind. Code § 13-11-2-196 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-196
"SARA"
Status: in_force

Sec. 196. "SARA", for purposes of IC 13-25-1 and IC 13-25-2, refers to Title III of the federal Superfund Amendments and Reauthorization Act of 1986 (P.L.99-499).

[Pre-1996 Recodification Citation: 13-7-36-1.6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.85-2015, SEC.9.
Ind. Code § 13-25-4-4 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-4
Annual budget; expenditures; household hazardous waste grants
Status: in_force

Sec. 4. (a) The department shall do the following:

(1) Prepare an annual budget to provide for administrative and personnel expenses from the fund.

(2) Submit the budget to the budget committee in accordance with IC 4-12-1.

(b) The general assembly must appropriate the money in the fund to be used for administrative and personnel expenses before expenditure of the money. The commissioner shall order all other expenditures from the fund with the approval of the governor and the budget agency.

(c) Not more than four hundred fifty thousand dollars ($450,000) of the fund is available to the department each year to fund grants awarded under IC 13-20-20, exclusive of administrative and personnel expenditures authorized by section 1(a)(8) of this chapter.

[Pre-1996 Recodification Citation: 13-7-8.7-6.]

As added by P.L.1-1996, SEC.15. Amended by P.L.237-1999, SEC.11.
Ind. Code § 13-15-4-8 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-8
Extension of periods
Status: in_force

Sec. 8. (a) The commissioner and an applicant may agree in writing to extend any time allowed under sections 1 through 6 of this chapter for a decision to be made on an application.

(b) The commissioner and an applicant may agree in writing to have a consultant review an application submitted to the department:

(1) to expedite the process of reviewing the application; and

(2) at the applicant's expense.

[Pre-1996 Recodification Citation: 13-7-10.1-6.]

As added by P.L.1-1996, SEC.5.
Ind. Code § 13-20-16-6 — Indiana Code / Title 13 / Article 20 / Chapter 16 / Section 13-20-16-6
Means of disposal of used batteries by manufacturers; violations
Status: in_force

Sec. 6. (a) A manufacturer shall dispose of the used lead acid batteries in the manufacturer's possession in Indiana by one (1) or more of the following means:

(1) Delivery to a facility that:

(A) recycles lead acid batteries; or

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

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

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

[Pre-1996 Recodification Citation: 13-1-15-11.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-20-4-15 — Indiana Code / Title 13 / Article 20 / Chapter 4 / Section 13-20-4-15
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-31-16.5.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-24-1-10 — Indiana Code / Title 13 / Article 24 / Chapter 1 / Section 13-24-1-10
Lenders considered to participate in management
Status: in_force

Sec. 10. A person that is a lender and that holds evidence of ownership primarily to protect a security interest in a petroleum facility may be considered to participate in the management (as defined in IC 13-11-2-151.3) of the petroleum at the petroleum facility only if, while the borrower is still in possession of the petroleum facility encumbered by the security interest, the person:

(1) exercises decision making control over the environmental compliance related to the petroleum facility such that the person has undertaken responsibility for the petroleum handling or disposal practices related to the petroleum facility; or

(2) exercises control at a level comparable to that of a manager of the petroleum facility such that the person has assumed or manifested responsibility:

(A) for the overall management of the petroleum facility encompassing day to day decision making with respect to environmental compliance; or

(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the petroleum facility other than the function of environmental compliance.

As added by P.L.90-1998, SEC.22.
Ind. Code § 13-23-13-5 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-5
Limited corrective actions; streamlined administrative procedures
Status: in_force

Sec. 5. In issuing orders requiring corrective action under section 1 of this chapter or undertaking corrective action under section 2 of this chapter the commissioner may:

(1) require only a limited form of corrective action; and

(2) implement streamlined administrative procedures;

with respect to a release of a regulated substance from an underground storage tank or aboveground storage tank that, in the judgment of the commissioner, poses little or no immediate threat to human health or to the environment.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.53.
Ind. Code § 13-18-10-4.5 — Indiana Code / Title 13 / Article 18 / Chapter 10 / Section 13-18-10-4.5
Earthen berm regulations
Status: in_force

Sec. 4.5. (a) A person that installs an earthen berm at a manure storage facility shall do the following:

(1) Stabilize the earthen berm with vegetation or alternative erosion control measures.

(2) Maintain the earthern berm to allow for visual inspection for conditions that may compromise the earthern berm's performance.

(b) A person must confine:

(1) trees;

(2) shrubs; or

(3) other vegetation;

to the exterior of the earthen berm at a minimum distance of sixteen (16) feet from the interior of the earthen berm.

(c) A person shall maintain all vegetation established on or adjacent to an earthen berm in a condition that does not obstruct inspection or threaten the earthen berm's integrity.

As added by P.L.42-2026, SEC.6.
Ind. Code § 13-20-6-2 — Indiana Code / Title 13 / Article 20 / Chapter 6 / Section 13-20-6-2
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10.5-11.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.154-2005, SEC.17.
Ind. Code § 13-18-16-3 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-3
Civil penalty
Status: in_force

Sec. 3. The commissioner may assess a civil penalty against a permit holder who fails to take action to correct or prevent contamination of the sanitary or chemical quality of the water supply after the permit holder knew or should have known that the action should be taken. The civil penalty assessed under this section may not exceed one thousand dollars ($1,000) for each day of violation.

[Pre-1996 Recodification Citation: 13-7-14-1(f).]

As added by P.L.1-1996, SEC.8. Amended by P.L.135-2026, SEC.169.
Ind. Code § 13-22-10-17 — Indiana Code / Title 13 / Article 22 / Chapter 10 / Section 13-22-10-17
Repealed
Status: repealed

As added by P.L.124-1996, SEC.23. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-11-2-97 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-97
"Hazardous materials emergency"
Status: in_force

Sec. 97. "Hazardous materials emergency", for purposes of IC 13-25-6, means an occurrence that:

(1) involves the uncontrolled release or imminent uncontrolled release of a hazardous material into the environment; and

(2) creates the possibility of harm to:

(A) human health;

(B) property; or

(C) the environment.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-31.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-31.2
"Collector"
Status: in_force

Sec. 31.2. (a) "Collector", for purposes of this chapter and IC 13-20.5, means a public or private entity:

(1) that:

(A) receives covered electronic devices from covered entities; and

(B) arranges for the delivery of the covered electronic devices to a recycler; or

(2) that collects covered electronic devices directly from covered entities, including curbside collection.

(b) The term does not include:

(1) the United States Postal Service; or

(2) any other parcel service;

that accepts packages and delivers them to collectors or recyclers under a manufacturer's mailback program.

As added by P.L.178-2009, SEC.5.
Ind. Code § 13-20-14-10 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-10
Disposal at a mineral extraction operation
Status: in_force

Sec. 10. A person may dispose of a whole waste tire at a land excavation associated with a mineral extraction operation if the:

(1) person:

(A) owns the whole waste tire; and

(B) owns or leases the disposal site; and

(2) waste tire:

(A) has a:

(i) bead width of at least fourteen (14) inches; and

(ii) rim or wheel diameter of at least twenty-four (24) inches;

(B) was used on:

(i) an off-road construction or mining vehicle; or

(ii) off-road construction or mining equipment; and

(C) is buried under at least twenty-five (25) feet of compacted cover.

As added by P.L.132-1997, SEC.2.
Ind. Code § 13-14-1-7 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-7
Proposed budget; preparation
Status: in_force

Sec. 7. The commissioner shall prepare the proposed budget of the department and, if necessary, the board.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.75; P.L.135-2026, SEC.75.
Ind. Code § 13-11-2-177 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-177
Repealed
Status: repealed

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-18.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.184-2002, SEC.29.
Ind. Code § 13-15-2-2 — Indiana Code / Title 13 / Article 15 / Chapter 2 / Section 13-15-2-2
Allowable uses; content; criteria; priority applications; consistency with federal law
Status: in_force

Sec. 2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to allow the department to issue permits that do the following:

(1) Provide incentives to owners and operators of facilities to assess the pollution emitted by the facilities into all environmental media.

(2) Provide incentives to owners and operators of facilities to implement the most innovative and effective pollution control or pollution prevention strategies while maintaining enforceable performance goals.

(3) Provide incentives to owners and operators of facilities to reduce pollution levels at the facilities below the levels required by law.

(4) Consolidate environmental requirements into one (1) permit that would otherwise be included in more than one (1) permit.

(5) Reduce the time and money spent by owners and operators of facilities and the department on administrative tasks that do not benefit the environment.

(6) Provide owners and operators of facilities with as much operational flexibility as can reasonably be provided while being consistent with enforcement of permit requirements.

(b) The rules adopted under this section may provide for permits that contain the following:

(1) Authorization of emission trading.

(2) Consolidated reporting mechanisms.

(3) Third party certifications.

(4) Multimedia regulation.

(5) Other conditions consistent with subsection (a).

(c) The rules adopted under this section must provide that a permit issued under the rules adopted under this section meets the following criteria:

(1) Activities conducted under the permit must result in greater overall environmental protection than would otherwise be achieved under applicable law.

(2) Upon issuance of a permit, all limits, conditions, and standards contained in the permit are enforceable under IC 13-30-3.

(3) The permit applicant must give notice in accordance with IC 13-15-8, and the commissioner may give notice to the public and provide an opportunity to comment on the proposed permit in accordance with IC 13-15-5.

(d) The department shall strive to give priority to applications involving permits that are issued as described in this section based on:

(1) the degree of environmental benefit that may be obtained under the permit;

(2) the potential application of any innovative control technologies or regulatory procedures that may be made available to other permit applicants and permit holders; and

(3) other criteria that the board may establish.

(e) The rules adopted under this section must be consistent with federal law for federally authorized or delegated permit programs.

As added by P.L.128-1996, SEC.2. Amended by P.L.133-2012, SEC.99; P.L.135-2026, SEC.111.
Ind. Code § 13-17-5-10 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-10
Evaluation of nonattainment areas; air pollution reduction and regulatory relief strategies
Status: in_force

Sec. 10. Not later than December 31, 2025, the department shall do the following:

(1) Perform a comprehensive evaluation of ambient air quality within any nonattainment areas in Indiana.

(2) Identify air pollution reduction or regulatory relief strategies that can do the following with respect to the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended:

(A) Ensure that affected areas within Indiana are no longer designated as nonattainment.

(B) Result in the eventual phase out of the inspection and maintenance program for light duty vehicles.

(C) Meet emissions goals.

(D) Appropriately address air pollution contributions to nonattainment areas in Indiana from sources that cannot be addressed by state or local controls, including contributions from international, natural or background, interstate, mobile, and stationary sources as well as exceptional events that are unlikely to recur.

(E) Result in the withdrawal of Lake County and Porter County from the Metropolitan Chicago Interstate Air Quality Control Region.

In identifying strategies under subdivision (2), the department must coordinate with the United States Environmental Protection Agency.

As added by P.L.187-2025, SEC.1. Amended by P.L.135-2026, SEC.134.
Ind. Code § 13-18-17-5 — Indiana Code / Title 13 / Article 18 / Chapter 17 / Section 13-18-17-5
Quality standards; onsite sewage systems
Status: in_force

Sec. 5. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 establishing groundwater quality standards that include numeric and narrative criteria, a groundwater classification plan, and a method of determining where the groundwater quality standards must apply. The standards established under this subsection shall be used for the following purposes:

(1) To establish minimum compliance levels for groundwater quality monitoring at regulated facilities.

(2) To ban the discharge of effluents into potable groundwater.

(3) To establish health protection goals for untreated water in water supply wells.

(4) To establish concentration limits for contaminants in ambient groundwater.

(b) Except as provided in subsection (c) and subject to subsection (d), the following agencies shall adopt rules under IC 4-22-2 to apply the groundwater quality standards established under this section to activities regulated by the agencies:

(1) The department.

(2) The department of natural resources.

(3) The Indiana department of health.

(4) The office of the state chemist.

(5) The department of homeland security.

(c) The executive board of the Indiana department of health may not adopt rules to apply the nitrate and nitrite numeric criteria included in groundwater quality standards established in rules adopted by the board under subsection (a) to onsite sewage systems.

(d) Any rule adopted by the executive board of the Indiana department of health is void to the extent that the rule applies the nitrate and nitrite numeric criteria included in groundwater quality standards established in rules adopted by the board under subsection (a) to onsite sewage systems.

[Pre-1996 Recodification Citation: 13-7-26-6.]

As added by P.L.1-1996, SEC.8. Amended by P.L.168-1999, SEC.1; P.L.24-2004, SEC.6; P.L.1-2006, SEC.201; P.L.113-2014, SEC.72; P.L.187-2021, SEC.48; P.L.56-2023, SEC.129; P.L.135-2026, SEC.172.
Ind. Code § 13-26-2-5 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-5
Petitions; hearing officer; appointment
Status: in_force

Sec. 5. Upon the determination of the department that a sufficient petition has been filed in accordance with this chapter, the commissioner shall appoint a hearing officer.

[Pre-1996 Recodification Citation: 13-3-2-4.]

As added by P.L.1-1996, SEC.16. Amended by P.L.135-2026, SEC.279.
Ind. Code § 13-11-2-166.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-166.5
Repealed
Status: repealed

As added by P.L.282-2003, SEC.27. Repealed by P.L.52-2004, SEC.12.
Ind. Code § 13-18-22-5 — Indiana Code / Title 13 / Article 18 / Chapter 22 / Section 13-18-22-5
Wetland permit requirements; permit exceptions
Status: in_force

Sec. 5. (a) An applicant for a permit issued under this chapter:

(1) must demonstrate, as a prerequisite to the issuance of the permit, that wetland activity:

(A) is:

(i) without reasonable alternative; and

(ii) reasonably necessary or appropriate;

to achieve a legitimate use proposed by the applicant on the property on which the wetland is located; and

(B) for a Class III wetland, is without practical alternative and will be accompanied by taking steps that are practicable and appropriate to minimize potential adverse impacts of the discharge on the aquatic ecosystem of the wetland; and

(2) except as provided in subsection (b), must establish that compensatory mitigation will be provided as set forth in section 6 of this chapter to reasonably offset the loss of wetlands allowed by the permits.

The department or the board may prescribe additional conditions on applicants that are reasonable and necessary to carry out the purposes of this chapter.

(b) The commissioner may approve exceptions to compensatory mitigation in specific, limited circumstances.

(c) For purposes of subsection (a)(1)(A):

(1) a resolution of the executive of the county or municipality in which the wetland is located; or

(2) a permit or other approval from a local government entity having authority over the proposed use of the property on which the wetland is located;

that includes a specific finding that the wetland activity is as described in subsection (a)(1)(A) is considered conclusive evidence of that fact.

As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.8; P.L.1-2024, SEC.8.
Ind. Code § 13-20-5-7 — Indiana Code / Title 13 / Article 20 / Chapter 5 / Section 13-20-5-7
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-25-4-18 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-18
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.15. Repealed by P.L.135-2026, SEC.268.
Ind. Code § 13-21-7-3 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-3
Resolution to construct, modify, acquire, or maintain facility; public notice
Status: in_force

Sec. 3. (a) When:

(1) plans and specifications have been prepared according to the public bidding requirements of IC 36-1-12; or

(2) a resolution approving a request for proposals has been adopted by the board;

the board may adopt a resolution declaring that, upon investigation, the board has found it necessary for the public health and welfare, and of public utility and benefit, to construct, modify, or acquire, and maintain if constructed the facility and to acquire the property described for that purpose.

(b) The resolution shall be kept open to inspection by all persons interested in or affected by the acquisition of the property or the construction of the facility.

(c) Upon adoption of the resolution, the board shall give public notice of the adoption and the resolution's purpose. The notice must name a date not later than ten (10) days after the date of the last publication of the notice on which the board will do the following:

(1) Receive or hear remonstrances from persons interested in or affected by the facility.

(2) Determine the public utility and benefit of the facility.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-17-8-3 — Indiana Code / Title 13 / Article 17 / Chapter 8 / Section 13-17-8-3
Requirement that fees be sufficient to cover costs
Status: in_force

Sec. 3. In accordance with IC 13-16-1, the board shall adopt fees to be collected under the operating permit program. The annual aggregate amount of fees collected under the operating permit program from all sources subject to the operating permit program must be sufficient to cover only the direct and indirect reasonable costs of the following permit program activities:

(1) Preparing rules, regulations, and guidance regarding implementation and enforcement of the program.

(2) Reviewing and acting on the following:

(A) An application for an operating permit.

(B) An operating permit revision.

(C) An operating permit renewal.

(3) The general administrative cost of running the operating permit program.

(4) Implementing and enforcing the terms of a permit granted under the operating permit program. However, court costs for enforcement actions are not included under this subdivision.

(5) Emissions and ambient monitoring.

(6) Modeling analyses and demonstrations.

(7) Preparing inventories and tracking emissions.

(8) Developing and administering a small business stationary source technical and environmental compliance assistance program.

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

As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.122; P.L.250-2019, SEC.21.
Ind. Code § 13-11-2-72.4 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-72.4
"Ephemeral stream"
Status: in_force

Sec. 72.4. "Ephemeral stream", for purposes of IC 13-18-22-1(b)(6), means surface water flowing or pooling only in direct response to precipitation such as rain or snowfall.

As added by P.L.160-2021, SEC.3.
Ind. Code § 13-20-2-2 — Indiana Code / Title 13 / Article 20 / Chapter 2 / Section 13-20-2-2
State of outstanding judgments
Status: in_force

Sec. 2. Before an original permit for the construction or operation of a landfill may be granted, the applicant or a person authorized to act for the applicant under this section must submit a statement in which the applicant or authorized person swears or affirms, subject to the penalty for perjury set forth in IC 35-44.1-2-1, that, to the best of the applicant's or authorized person's knowledge, there are no unsatisfied and nonappealable judgments requiring the payment of money by the applicant.

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

As added by P.L.1-1996, SEC.10. Amended by P.L.126-2012, SEC.34.
Ind. Code § 13-11-2-221.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-221.5
"State regulated wetland"
Status: in_force

Sec. 221.5. "State regulated wetland", for purposes of IC 13-18, means an isolated wetland located in Indiana that is not an exempt isolated wetland.

As added by P.L.282-2003, SEC.28.
Ind. Code § 13-18-26-1 — Indiana Code / Title 13 / Article 18 / Chapter 26 / Section 13-18-26-1
Certificate of completion required
Status: in_force

Sec. 1. (a) Except as provided in subsection (c), a permit required under IC 13-18-16 for the operation of a public water system may not be issued unless the application contains the certification of completion required under section 2 of this chapter.

(b) Except as provided in subsection (c), the department may not issue a permit required under environmental management laws for the discharge from a wastewater treatment plant, as defined in IC 13-11-2-258(b), unless the application contains the certification of completion required under section 2 of this chapter.

(c) The requirement of a certification of completion under section 2 of this chapter does not apply to the following:

(1) A noncommunity public water system that has fewer than fifteen (15) service connections used by year-round residents.

(2) A noncommunity public water system that regularly serves fewer than twenty-five (25) year-round residents.

(3) A permit for the modification or expansion of a drinking water treatment plant that does not increase system design capacity.

(4) A permit for a wastewater treatment plant with an average design flow of not more than one hundred thousand (100,000) gallons per day.

(5) A permit for the modification or expansion of a wastewater treatment plant that does not increase average design flow.

(6) The renewal of an NPDES permit for the discharge from a wastewater treatment plant that does not include a modification or expansion as described in subdivision (5).

As added by P.L.126-2018, SEC.6. Amended by P.L.15-2019, SEC.12.
Ind. Code § 13-21-11-4 — Indiana Code / Title 13 / Article 21 / Chapter 11 / Section 13-21-11-4
Application of proceeds
Status: in_force

Sec. 4. The board shall apply the proceeds of a note issued under this chapter or IC 13-9.5-9-7 (before its repeal) to the cost of the facility for which the grant is to be made or bonds issued, although a purchaser of any obligations is not liable for the proper application of the proceeds.

[Pre-1996 Recodification Citation: 13-9.5-9-7(d).]

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-22-14-1 — Indiana Code / Title 13 / Article 22 / Chapter 14 / Section 13-22-14-1
Enforcement under IC 13-30-3
Status: in_force

Sec. 1. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 shall be enforced under IC 13-30-3.

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

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-11-2-224 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-224
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.1. Repealed by P.L.135-2026, SEC.38.
Ind. Code § 13-15-4-3 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-3
Period for ruling on applications; changes
Status: in_force

Sec. 3. (a) The board may adopt a rule under IC 4-22-2 that changes a period described under section 1 of this chapter within which the commissioner must approve or deny an application:

(1) if:

(A) the general assembly enacts a statute;

(B) the board adopts a rule; or

(C) the federal government enacts a statute or adopts a regulation;

that imposes a new requirement concerning a class of applications that makes it infeasible for the commissioner to approve or deny the application within the period;

(2) if:

(A) the general assembly enacts a statute;

(B) the board adopts a rule; or

(C) the federal government enacts a statute or adopts a regulation;

that establishes a new permit program for which a period is not described under section 1 of this chapter; or

(3) if some other significant factor concerning a class of applications makes it infeasible for the commissioner to approve or deny the application within the period.

(b) If the board adopts a rule described in subsection (a) as a provisional rule under IC 4-22-2-37.1 or as an interim rule under IC 4-22-2-37.2, the board shall include the variance procedures in the rule. If the board adopts a provisional rule or an interim rule under this subsection, the period described in section 1 of this chapter is suspended during the rulemaking process.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.140-2013, SEC.14; P.L.93-2024, SEC.117; P.L.135-2026, SEC.116.
Ind. Code § 13-23-9-5 — Indiana Code / Title 13 / Article 23 / Chapter 9 / Section 13-23-9-5
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20-42.]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.24. Repealed by P.L.96-2016, SEC.38.
Ind. Code § 13-21-9-4 — Indiana Code / Title 13 / Article 21 / Chapter 9 / Section 13-21-9-4
Financing agreement; payments; term; retention of interest in facility by district
Status: in_force

Sec. 4. (a) A financing agreement must provide for payments in an amount not less than an amount sufficient to pay:

(1) the principal of;

(2) the premium, if any, of; and

(3) interest on;

the waste management development bonds authorized for the financing of the facilities.

(b) The term of a financing agreement may not exceed forty (40) years from the date of any waste management development bonds issued under the agreement. However, a financing agreement does not terminate after forty (40) years if a default under the agreement remains uncured, unless the termination is authorized under the terms of the financing agreement.

(c) If the district retains an interest in the facilities, the financing agreement must require the user or developer to pay all:

(1) costs of maintenance and repair;

(2) taxes;

(3) assessments;

(4) insurance premiums;

(5) trustee's fees; and

(6) any other expenses relating to the facilities;

so that the district will not incur any expenses due to the facilities that are not covered by the payments provided for in the financing agreement.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-11-2-31.3 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-31.3
"Combined sewage"
Status: in_force

Sec. 31.3. "Combined sewage", for purposes of sections 31.4 and 31.6 of this chapter and IC 13-18, refers to a combination of wastewater (including domestic, commercial, or industrial wastewater) and storm water transported in a combined sewer or combined sewer system.

As added by P.L.140-2000, SEC.1.
Ind. Code § 13-23-12-7 — Indiana Code / Title 13 / Article 23 / Chapter 12 / Section 13-23-12-7
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20-32(g), (h).]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.12; P.L.14-2001, SEC.18; P.L.24-2004, SEC.1; P.L.137-2007, SEC.27. Repealed by P.L.38-2012, SEC.5.
Ind. Code § 13-21-9-6 — Indiana Code / Title 13 / Article 21 / Chapter 9 / Section 13-21-9-6
Exemption from property tax on facilities
Status: in_force

Sec. 6. (a) The district is exempt from all property taxes on facilities.

(b) Developers and users are liable for property taxes on facilities as provided by law.

(c) This chapter does not deny a tax exemption that a developer or user may have under other laws because of the nature of the facilities or the user.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-18-11-15 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-15
Fees; deposit
Status: in_force

Sec. 15. All fees collected under this chapter shall be deposited with the treasurer of state.

[Pre-1996 Recodification Citation: 13-1-6-9.]

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-29-2-2 — Indiana Code / Title 13 / Article 29 / Chapter 2 / Section 13-29-2-2
"Commission" defined
Status: in_force

Sec. 2. "Commission", for purposes of sections 5 through 7 of this chapter, refers to the Ohio River Valley Water Sanitation Commission.

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

As added by P.L.1-1996, SEC.19.
Ind. Code § 13-20-8-3 — Indiana Code / Title 13 / Article 20 / Chapter 8 / Section 13-20-8-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-21-3.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.37-2012, SEC.28.
Ind. Code § 13-11-2-187 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-187
"Removal"
Status: in_force

Sec. 187. "Removal", for purposes of IC 13-24 and IC 13-25-4, means any of the following:

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

(2) Actions necessary to be taken if the threat of release of hazardous substances or petroleum into the environment occurs.

(3) Actions necessary to monitor, assess, and evaluate:

(A) the release or threat of release of hazardous substances or petroleum; or

(B) the continuing effectiveness of other response actions.

(4) The disposal of removed material.

(5) Actions necessary to prevent, minimize, or mitigate damage to:

(A) the public health or welfare; or

(B) the environment;

that may otherwise result from a release or threat of release.

(6) The extension of a municipal water or sewer service to a residence or an industry to:

(A) prevent;

(B) minimize; or

(C) mitigate;

damage to public health that may result from a release or threat of release.

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

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.6; P.L.49-2015, SEC.2.
Ind. Code § 13-14-8-2 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-2
Proposal for adoption or modification of rules and standards
Status: in_force

Sec. 2. (a) The department may propose to the board the:

(1) adoption;

(2) repeal;

(3) rescission; or

(4) amendment;

of any rule or standard.

(b) The rules proposed by the department must be adopted by the board under IC 4-22-2 and IC 13-14-9 before the rules become effective.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.86.
Ind. Code § 13-18-3-5 — Indiana Code / Title 13 / Article 18 / Chapter 3 / Section 13-18-3-5
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.8. Repealed by P.L.135-2026, SEC.149.
Ind. Code § 13-19-6-1 — Indiana Code / Title 13 / Article 19 / Chapter 6 / Section 13-19-6-1
Liability limitation for certain surficial activities
Status: in_force

Sec. 1. (a) Subject to subsection (b) and except as provided under existing defenses and exemptions to liability contained in the environmental management laws, a person who:

(1) owns or otherwise legally possesses real property that is not more than one (1) acre in size; and

(2) installs only:

(A) pavement or another hard surface; or

(B) landscaping and other surficial plantings;

on the surface of the real property does not incur any additional liability for those paving or landscaping activities under the environmental management laws for costs or damages associated with the presence of a hazardous substance, a contaminant, petroleum, or a petroleum product that is located beneath the surface of the real property.

(b) Paving or landscaping activities on real property described in subsection (a)(2) may not:

(1) impede the effectiveness or integrity of any institutional control employed on the real property in connection with a response action at the real property;

(2) violate a land use restriction established or relied on in connection with a response action at the real property;

(3) result in a release of a hazardous substance, a contaminant, petroleum, or a petroleum product at the real property; or

(4) exacerbate existing contamination at the real property.

As added by P.L.6-2011, SEC.1.
Ind. Code § 13-11-2-27 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-27
"Class 3 modification"
Status: in_force

Sec. 27. "Class 3 modification", for purposes of IC 13-22-12, refers to the modification classification system described under 40 CFR 270.42.

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

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-265.8 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-265.8
"Wetlands delineation"
Status: in_force

Sec. 265.8. For purposes of this chapter and IC 13-18-22:

(1) "wetlands delineation" or "delineation" means a technical assessment:

(A) of whether a wetland exists on an area of land; and

(B) if so, of the type and quality of the wetland based on the presence or absence of wetlands characteristics, as determined consistently with the Wetlands Delineation Manual, Technical Report Y-87-1 of the United States Army Corps of Engineers; and

(2) "delineated" describes property that has undergone wetlands delineation.

As added by P.L.282-2003, SEC.34. Amended by P.L.160-2021, SEC.6.
Ind. Code § 13-14-8-1 — Indiana Code / Title 13 / Article 14 / Chapter 8 / Section 13-14-8-1
Adoption or modification of rules and standards
Status: in_force

Sec. 1. (a) The board may:

(1) adopt;

(2) repeal;

(3) rescind; or

(4) amend;

rules and standards by proceeding in the manner prescribed in IC 4-22-2 and IC 13-14-9.

(b) If the board adopts a provisional rule under IC 4-22-2-37.1 or an interim rule under IC 4-22-2-37.2 to comply with a deadline required by or other date provided by federal law, the board shall include the variance procedures in the rule.

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

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.85; P.L.140-2013, SEC.13; P.L.93-2024, SEC.115; P.L.135-2026, SEC.92.
Ind. Code § 13-18-4-4 — Indiana Code / Title 13 / Article 18 / Chapter 4 / Section 13-18-4-4
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.8. Repealed by P.L.135-2026, SEC.156.
Ind. Code § 13-26-5-2.5 — Indiana Code / Title 13 / Article 26 / Chapter 5 / Section 13-26-5-2.5
Septic tank soil absorption system exemption
Status: in_force

Sec. 2.5. (a) As used in this section, "septic tank soil absorption system" has the meaning set forth in IC 13-11-2-199.5.

(b) Subject to subsection (d), a property owner is exempt from the requirement to connect to a district's sewer system and to discontinue use of a septic tank soil absorption system if the following conditions are met:

(1) The property owner's septic tank soil absorption system was new at the time of installation and was approved in writing by the local health department, the department's designee, or a qualified inspector.

(2) The property owner, at the property owner's own expense, obtains a written determination from the local health department or the department's designee that the septic tank soil absorption system is not failing. The local health department or the department's designee shall provide the owner with a written determination not later than sixty (60) days after receipt of the owner's request. If the local health department or the department's designee fails to provide a written determination within the time established in this subdivision, the owner, at the owner's expense, may obtain a written determination from a qualified inspector. If the local health department or the department's designee determines that a septic tank soil absorption system is failing, the property owner may appeal the determination to the board of the local health department. The decision of the board is final and binding.

(3) The property owner provides the district with:

(A) the written notification of potential qualification for the exemption described in subsection (f); and

(B) the written determination described in subdivision (2);

within the time limits set forth in subsection (f).

(c) If a property owner, within the time allowed under subsection (f), notifies a district in writing that the property owner qualifies for the exemption under this section, the district shall, until the property owner's eligibility for an exemption under this section is determined, suspend the requirement that the property owner discontinue use of a septic tank soil absorption system and connect to the district's sewer system.

(d) A property owner who qualifies for the exemption provided under this section may not be required to connect to the district's sewer system for a period of ten (10) years beginning on the date of the written determination of the local health department, the department's designee, or a qualified inspector under subsection (b)(2) that the property owner's septic tank soil absorption system is not failing. A property owner may apply for two (2) five (5) year extensions of the exemption provided under this section by following the procedures set forth in subsections (b) and (c). If ownership of an exempt property is transferred during a valid exemption period, including during an extension of an initial exemption:

(1) the exemption applies to the subsequent owner of the property for the remainder of the exemption period during which the transfer occurred; and

(2) the subsequent owner may apply for any remaining extensions.

However, the total period during which a property may be exempt from the requirement to connect to a district's sewer system under this section may not exceed twenty (20) years, regardless of ownership of the property.

(e) A district that has filed plans with the department to create or expand a sewage district shall, within ten (10) days after filing the plans, provide written notice to affected property owners:

(1) that the property owner may be required to discontinue the use of a septic tank soil absorption system;

(2) that the property owner may qualify for an exemption from the requirement to discontinue the use of the septic tank soil absorption system; and

(3) of the procedures to claim an exemption.

(f) To qualify for an exemption under this section, a property owner must:

(1) within sixty (60) days after the date of the written notice given to the property owner under subsection (e), notify the district in writing that the property owner qualifies for the exemption under this section; and

(2) within one hundred twenty (120) days after the district receives the written notice provided under subdivision (1), provide the district with the written determination required under subsection (b)(2).

(g) When a property owner who qualifies for an exemption under this section subsequently discontinues use of the property owner's septic tank soil absorption system and connects to the district's sewer system, the property owner may be required to pay only the following to connect to the sewer system:

(1) The connection fee the property owner would have paid if the property owner connected to the sewer system on the first date the property owner could have connected to the sewer system.

(2) Any additional costs:

(A) considered necessary by; and

(B) supported by documentary evidence provided by;

the district.

(h) A property owner who connects to a district's sewer system may provide, at the owner's expense, labor, equipment, materials, or any combination of labor, equipment, and materials from any source to accomplish the connection to the sewer system, subject to inspection and approval by the board or a designee of the board.

(i) This section does not affect the authority of the Indiana department of health, a local health department, or a county health officer with respect to a septic tank soil absorption system.

(j) For purposes of this section, a septic tank soil absorption system is "failing" if one (1) or more of the following apply:

(1) The system refuses to accept sewage at the rate of design application and interferes with the normal use of plumbing fixtures.

(2) Effluent discharge exceeds the absorptive capacity of the soil into which the system discharges, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters.

(3) Effluent discharged from the system contaminates a potable water supply, ground water, or surface waters.

(k) As used in this section, "qualified inspector" means any of the following:

(1) An employee of a local health department who is designated by the local health department as having sufficient knowledge of onsite sewage systems to determine if an onsite sewage system is failing.

(2) An individual who is certified by the Indiana Onsite Wastewater Professionals Association as an onsite sewage system installer or inspector.

(3) An individual listed by the Indiana department of health or a local health department with jurisdiction over the service area of the property inspected as having sufficient knowledge of onsite sewage systems to determine if an onsite sewage system is failing.

As added by P.L.193-2001, SEC.3. Amended by P.L.1-2002, SEC.67; P.L.123-2011, SEC.1; P.L.97-2012, SEC.10; P.L.292-2013, SEC.7; P.L.167-2022, SEC.2; P.L.56-2023, SEC.131.
Ind. Code § 13-22-7-1 — Indiana Code / Title 13 / Article 22 / Chapter 7 / Section 13-22-7-1
Maintenance; trade secrets; disclosure
Status: in_force

Sec. 1. (a) The department shall:

(1) maintain records; and

(2) by means of a system of record keeping, tabulate the volume, nature, and location;

of hazardous wastes generated, stored, or disposed of within Indiana.

(b) Because of the potential relationship between hazardous wastes and proprietary processes of hazardous waste producers and operators of hazardous waste facilities, the commissioner shall, in accordance with IC 13-14-11, ensure that trade secrets disclosed to the commissioner or an authorized representative of the department are not otherwise disclosed:

(1) without the consent of the person; or

(2) as required by law.

[Pre-1996 Recodification Citation: 13-7-8.5-2.]

As added by P.L.1-1996, SEC.12.
Ind. Code § 13-25-4-6 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-6
Entry for inspection by agent; reasonable promptness; samples
Status: in_force

Sec. 6. (a) For the purpose of assisting in determining the need for corrective action under IC 13-22-13 or removal or remedial action in connection with a hazardous substance under this chapter, an officer, an employee, or a designated agent of the department may:

(1) enter at reasonable times any establishment or other place:

(A) where hazardous substances are or have been generated, stored, treated, or disposed of; or

(B) from which hazardous substances have been transported; and

(2) inspect and obtain samples of:

(A) any hazardous substance;

(B) containers or labeling for hazardous substances; or

(C) soil, surface water, ground water, or other environmental media.

(b) Each inspection under subsection (a)(2) must be commenced and completed with reasonable promptness. If the officer, the employee, or the representative of the department conducting the inspection obtains any samples, before leaving the premises the officer, the employee, or the representative shall give to the owner, the operator, or the person in charge of the premises:

(1) a receipt describing the sample obtained; and

(2) if requested, a portion or a duplicate of each sample equal in volume of weight to the portion retained.

(c) If an analysis is made of samples obtained in an inspection under subsection (a)(2), a copy of the results of the analysis shall be furnished promptly to the owner, the operator, or the person in charge of the premises inspected.

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

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-11-2-131 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-131
"Multimedia"
Status: in_force

Sec. 131. "Multimedia", for purposes of IC 13-27, refers to:

(1) air;

(2) water;

(3) land; and

(4) workplace environmental;

media into which pollutants and wastes are emitted, released, discharged, or disposed.

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

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.8; P.L.37-2012, SEC.8.
Ind. Code § 13-17-3-1 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-1
Assistance to local governments; other interested groups
Status: in_force

Sec. 1. The department shall provide assistance on air pollution matters to towns, cities, and counties. The commissioner shall make the commissioner's best efforts to assist and cooperate with other groups interested in and affected by air pollution.

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

As added by P.L.1-1996, SEC.7. Amended by P.L.135-2026, SEC.129.
Ind. Code § 13-14-9-2 — Indiana Code / Title 13 / Article 14 / Chapter 9 / Section 13-14-9-2
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-7.1-2.]

As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.1; P.L.159-2011, SEC.14. Repealed by P.L.249-2023, SEC.51.
Ind. Code § 13-23-16-1 — Indiana Code / Title 13 / Article 23 / Chapter 16 / Section 13-23-16-1
Citation to rules
Status: in_force

Sec. 1. A citation in this chapter to a rule refers to the rule as in effect on January 1, 2007.

As added by P.L.221-2007, SEC.16.
Ind. Code § 13-28-2-3 — Indiana Code / Title 13 / Article 28 / Chapter 2 / Section 13-28-2-3
Contents of fund
Status: in_force

Sec. 3. The fund consists of the following:

(1) Transfers under IC 13-10-1-6 (repealed) from the environmental management special fund established by IC 13-14-12-1.

(2) Appropriations made by the general assembly.

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

(4) Federal grants or money available for deposit into the fund.

[Pre-1996 Recodification Citation: 13-10-1-5(b) part.]

As added by P.L.1-1996, SEC.18.
Ind. Code § 13-20-22-11 — Indiana Code / Title 13 / Article 20 / Chapter 22 / Section 13-20-22-11
Collection of state solid waste management fees; quarterly remittance to the department with report
Status: in_force

Sec. 11. (a) The owner or operator of a final disposal facility is responsible for collecting the fees imposed under section 1 of this chapter from persons delivering solid waste to that facility.

(b) Each owner or operator may:

(1) deduct from the fees an amount equal to one percent (1%) of the fees collected; and

(2) retain this amount as compensation for collecting and remitting the fees;

if the fees collected and the reports required under subsection (e) are timely remitted and filed.

(c) If:

(1) the fees collected are remitted; or

(2) the required report is filed;

after the due date, the owner or operator shall remit all fees collected to the department.

(d) The owner or operator shall remit the remainder of the fees that the owner or operator collects during a quarter to the department at the same time that reports are required to be filed under subsection (e).

(e) The owner or operator of a final disposal facility shall file quarterly reports with the department concerning the fees collected under this section:

(1) on or before the fifteenth day of January, concerning the fees collected during the preceding quarter consisting of the months of October through December;

(2) on or before the fifteenth day of April, concerning the fees collected during the preceding quarter consisting of the months of January through March;

(3) on or before the fifteenth day of July, concerning the fees collected during the preceding quarter consisting of the months of April through June; and

(4) on or before the fifteenth day of October, concerning the fees collected during the preceding quarter consisting of the months of July through September.

An owner or operator shall submit the quarterly reports on forms provided by the department.

[Pre-1996 Recodification Citation: 13-9.5-5-4(a), (b), (c).]

As added by P.L.1-1996, SEC.10. Amended by P.L.220-2014, SEC.17; P.L.147-2015, SEC.14.
Ind. Code § 13-29-1-3 — Indiana Code / Title 13 / Article 29 / Chapter 1 / Section 13-29-1-3
The commission
Status: in_force

Sec. 3.

ARTICLE III. THE COMMISSION

a. There is created the Midwest Interstate Low-Level Radioactive Waste Commission. The Commission consists of one voting member from each party state. The Governor of each party state shall notify the Commission in writing of its member and any alternates. An alternate may act on behalf of the member only in that member's absence. The method for selection and the expenses of each Commission member shall be the responsibility of the member's respective state.

b. Each Commission member is entitled to one vote. Except as otherwise specifically provided in this compact, an action of the Commission is binding if a majority of the total membership casts its vote in the affirmative. A party state may direct its member or alternate member of the Commission how to vote or not vote on matters before the Commission.

c. The Commission shall elect annually from among its members a chairperson. The Commission shall adopt and publish, in convenient form, bylaws and policies which are not inconsistent with this compact, including procedures for the use of binding arbitration under Article VI(o) of this compact and procedures which substantially conform with the provisions of the Federal Administrative Procedure Act (5 U.S.C. ss. 500 to 559) in regard to notice, conduct and recording of meetings; access by the public to records; provision of information to the public; conduct of adjudicatory hearings; and issuance of decisions.

d. The Commission shall meet at least once annually and shall also meet upon the call of the chairperson or any other Commission member.

e. All meetings of the Commission shall be open to the public with reasonable advance notice. The Commission may, by majority vote, close a meeting to the public for the purpose of considering sensitive personnel or legal strategy matters. However, all Commission actions and decisions shall be made in open meetings and appropriately recorded.

f. The Commission may establish advisory committees for the purpose of advising the Commission on any matters pertaining to waste management.

g. The office of the Commission shall be in a party state. The Commission may appoint or contract for and compensate such limited staff necessary to carry out its duties and functions. The staff shall have the responsibilities and authority delegated to it by the Commission in its bylaws. The staff shall serve at the Commission's pleasure with the exception that staff hired as the result of securing federal funds shall be hired and governed under applicable federal statutes and regulations. In selecting any staff, the Commission shall assure that the staff has adequate experience and formal training to carry out the functions assigned to it by the Commission.

h. The Commission may do any or all of the following:

1. Appear as an intervenor or party in interest before any court of law or any federal, state or local agency, board or commission in any matter related to waste management. In order to represent its views, the Commission may arrange for any expert testimony, reports, evidence or other participation.

2. Review any emergency closing of a compact facility, determine the appropriateness of that closing, and take whatever lawful actions are necessary to ensure that the interests of the region are protected.

3. Take any action which is appropriate and necessary to perform its duties and functions as provided in this compact.

4. Approve the disposal of naturally occurring and accelerator produced radioactive material at a compact facility. The Commission shall not approve the acceptance of such material without first making an explicit determination of the effect of the new waste stream on the compact facility's maximum capacity. Such approval requires the affirmative vote of a majority of the Commission, including the affirmative vote of the member from the host state of the compact facility that would accept the material for disposal. Any such host state may, at any time, rescind its vote granting the approval and, thereafter, additional naturally occurring and accelerator produced radioactive material shall not be disposed of at a compact facility unless the disposal is again approved. All provisions of this compact apply to the disposal of naturally occurring and accelerator produced radioactive material that has been approved for disposal at a compact waste facility pursuant to Article III(h)(4) of this compact.

5. Enter into contracts in order to perform its duties and functions as provided in this compact.

6. When approved by the Commission, with the member from each host state in which an affected compact facility is operating or being developed or constructed voting in the affirmative, enter into agreements to do any of the following:

a. Import for disposal within the region, waste generated outside the region.

b. Export for disposal outside the region, waste generated inside the region.

c. Dispose of waste generated within the region at a facility within the region that is not a compact facility.

7. Authorize a host state to permanently close a compact facility located within its borders earlier than otherwise would be required by Article VI(i) of this compact. Such a closing requires the affirmative vote of a majority of the Commission, including the affirmative vote of the member from the state in which the affected compact facility is located.

i. The Commission shall do all of the following:

1. Submit an annual report to, and otherwise communicate with, the governors and the appropriate officers of the legislative bodies of the party states regarding the activities of the Commission.

2. Adopt and amend, by a two-thirds vote of the membership, in accordance with the procedures and criteria developed pursuant to Article IV of this compact a regional disposal plan which designates host states for the establishment of needed compact facilities.

3. Adopt an annual budget.

4. Establish and implement a procedure for determining the capacity of a compact facility. The capacity of a compact facility shall be established as soon as reasonably practical after the host state of the facility is designated and shall not be changed thereafter without the consent of the host state. The capacity of a compact facility shall be based on the projected volume, radioactive characteristics, or both, of the waste to be disposed of at the facility during the period set forth in Article VI(i) of this compact.

5. Provide a host state with funds necessary to pay reasonable development expenses incurred by the host state after it is designated to host a compact facility.

6. Establish and implement procedures for making payments from the remedial action fund provided for in Article III(p) of this compact.

7. Establish and implement procedures to investigate any complaint joined in by two or more party states regarding another party state's performance of its obligations under this compact.

8. Adopt policies promoting source reduction and the environmentally sound treatment of waste in order to minimize the amount of waste to be disposed of at compact facilities.

9. Establish and implement procedures for obtaining information from generators regarding the volume and characteristics of waste projected to be disposed of at compact facilities and regarding generator activities with respect to source reduction, recycling, and treatment of waste.

10. Prepare annual reports regarding the volume and characteristics of waste projected to be disposed of at compact facilities.

j. Funding for the Commission shall be provided as follows:

1. When no compact facility is operating, the Commission may assess fees to be collected from generators of waste in the region. The fees shall be reasonable and equitable. The Commission shall establish and implement procedures for assessing and collecting the fees. The procedures may allow the assessing of fees against less than all generators of waste in the region; provided that if fees are assessed against less than all generators of waste in the region, generators paying the fees shall be reimbursed the amount of the fees, with reasonable interest, out of the revenues of operating compact facilities.

2. When a compact facility is operating, funding for the Commission shall be provided through a surcharge collected by the host state as part of the fee system provided for in Article VI(j) of this compact. The surcharge to be collected by the host state shall be determined by the Commission and shall be reasonable and equitable.

3. In the aggregate, the fees or surcharges, as the case may be, shall be no more than is necessary to:

a. cover the annual budget of the Commission;

b. provide a host state with the funds necessary to pay reasonable development expenses incurred by the host state after it is designated to host a compact facility;

c. provide moneys for deposit in the remedial action fund established pursuant to Article III(p) of this compact; and

d. provide moneys to be added to an inadequately funded long-term care fund as provided in Article VI(o) of this compact.

k. Financial statements of the Commission shall be prepared according to generally accepted accounting principles. The Commission shall contract with an independent certified public accountant to annually audit its financial statements and to submit an audit report to the Commission. The audit report shall be made a part of the annual report of the Commission required by Article III of this compact.

l. The Commission may accept for any of its purposes and functions and may utilize and dispose of any donations, grants of money, equipment, supplies, materials and services from any state or the United States (or any subdivision or agency thereof) or interstate agency, or from any institution, person, firm, or corporation. The nature, amount and condition, if any, attendant upon any donation or grant accepted or received by the Commission together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission.

m. The Commission is a legal entity separate and distinct from the party states. Members of the Commission and its employees are not personally liable for actions taken by them in their official capacity. The Commission is not liable or otherwise responsible for any costs, expenses, or liabilities resulting from the development, construction, operation, regulation, closing, or long-term care of any compact facility or any noncompact facility made available to the region by any contract or agreement entered into by the Commission under Article III(h)(6) of this compact. Nothing in Article III(m) of this compact relieves the Commission of its obligations under Article III of this compact or under contracts to which it is a party. Any liabilities of the Commission are not liabilities of the party states.

n. Final decisions of the Commission shall be made, and shall be subject to judicial review, in accordance with all of the following conditions:

1. Every final decision shall be made at an open meeting of the Commission. Before making a final decision, the Commission shall provide an opportunity for public comment on the matter to be decided. Each final decision shall be reduced to writing and shall set forth the Commission's reasons for making the decision.

2. Before making a final decision, the Commission may conduct an adjudicatory hearing on the proposed decision.

3. Judicial review of a final decision shall be initiated by filing a petition in the United States district court for the district in which the person seeking the review resides or in which the Commission's office is located not later than sixty days after issuance of the Commission's written decision. Concurrently with filing the petition for review with the court, the petitioner shall serve a copy of the petition on the Commission. Within five days after receiving a copy of the petition, the Commission shall mail a copy of it to each party state and to all other persons who have notified the Commission of their desire to receive copies of such petitions. Any failure of the Commission to so mail copies of the petition does not affect the jurisdiction of the reviewing court. Except as otherwise provided in Article III(n)(3) of this compact, standing to obtain judicial review of final decisions of the Commission and the form and scope of the review are subject to and governed by 5 U.S.C.A. 706.

4. If a party state seeks judicial review of a final decision of the Commission that does any of the following, the facts shall be subject to trial de novo by the reviewing court unless trial de novo of the facts is affirmatively waived in writing by the party state:

a. Imposes financial penalties on a party state.

b. Suspends the right of a party state to have waste generated within its borders disposed of at a compact facility or at a noncompact facility made available to the region by an agreement entered into by the Commission under Article III(h)(6) of this compact.

c. Terminates the designation of a party state as a host state.

d. Revokes the membership of a party state in this compact.

e. Establishes the amounts of money that a party state that has withdrawn from this compact or had its membership in this compact revoked is required to pay under Article VIII(e) of this compact.

Any such trial de novo of the facts shall be governed by the federal Rules of Civil Procedure and the federal Rules of Evidence.

5. Preliminary, procedural, or intermediate actions by the Commission that precede a final decision are subject to review only in conjunction with review of the final decision.

6. Except as provided in Article III(n)(5) of this compact, actions of the Commission that are not final decisions are not subject to judicial review.

o. Unless approved by a majority of the Commission, with the member from each host state in which an affected compact facility is operating or is being developed or constructed voting in the affirmative, no person shall do any of the following:

1. Import waste generated outside the region for management within the region.

2. Export waste generated within the region for disposal outside the region.

3. Manage waste generated outside the region at a facility within the region.

4. Dispose of waste generated within the region at a facility within the region that is not a compact facility.

p. The Commission shall establish a remedial action fund to pay the costs of reasonable remedial actions taken by a party state if an event results from the development, construction, operation, closing, or long-term care of a compact facility that poses a threat to human health, safety, or welfare or to the environment. The amount of the remedial action fund shall be adequate to pay the costs of all reasonably foreseeable remedial actions. A party state shall notify the Commission as soon as reasonably practical after the occurrence of any event that may require the party state to take a remedial action. The failure of a party state to so notify the Commission does not limit the rights of the party state under Article III(p) of this compact.

If the moneys in the remedial action fund are inadequate to pay the costs of reasonable remedial actions, the amount of the deficiency is a liability with respect to which generators shall provide indemnification under Article VII(g) of this compact. Generators who provide the required indemnification have the rights of contribution provided in Article VII(g) of this compact. Article III(p) of this compact applies to any remedial action taken by a party state regardless of whether the party state takes the remedial action on its own initiative or because it is required to do so by a court or regulatory agency of competent jurisdiction.

q. If the Commission makes payment from the remedial action fund provided for in Article III(p) of this compact, the Commission is entitled to obtain reimbursement under applicable rules of law from any person who is responsible for the event giving rise to the remedial action. Such reimbursement may be obtained from a party state only if the event giving rise to the remedial action resulted from the activities of that party state as a generator of waste.

r. If this compact is dissolved, all moneys held by the Commission shall be used first to pay for any ongoing or reasonably anticipated remedial actions. Any remaining moneys shall be distributed in a fair and equitable manner to those party states that have operating or closed compact facilities within their borders and shall be added to the long-term care funds maintained by those party states.

[Pre-1996 Recodification Citation: 13-5-9-3.]

As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.4.
Ind. Code § 13-26-2-3 — Indiana Code / Title 13 / Article 26 / Chapter 2 / Section 13-26-2-3
Petitions; contents
Status: in_force

Sec. 3. A petition to establish a district under this chapter must state the following:

(1) The proposed name of the district.

(2) The place in which the district's principal office is to be located.

(3) The following information:

(A) The need for the proposed district.

(B) The purpose to be accomplished.

(C) How the district will be conducive to the public health, safety, convenience, or welfare, including a specific statement of how:

(i) water supply, for a water district;

(ii) sewage collection, disposal, and treatment, for a sewage district; or

(iii) solid waste disposal, recovery, or treatment, for a solid waste district;

is currently being provided.

(D) Whether there is any outstanding indebtedness for the purpose proposed in the proposed district, including a statement as to how the current situation creates or adds to pollution or health hazards or impedes development in the area.

(4) An accurate description of the territory to be included in the district, which does not have to be given by metes and bounds or by legal subdivisions. The territory does not have to be contiguous, but the territory must be so situated that the public health, safety, convenience, or welfare will be promoted by the establishment as a single district of the territory described.

(5) The petitioner's recommendations on:

(A) the manner of selection;

(B) the number; and

(C) the term, not exceeding four (4) years;

of the members of the board of trustees.

(6) The plan for financing the cost of the operations of the district until the district is in receipt of revenue from the district's operations or proceeds from the sale of bonds.

(7) Estimates of the following:

(A) The costs of accomplishing the purpose of the district.

(B) The costs of operating and maintaining the works.

(C) The sources of the funding of these costs.

(D) The rates and charges that will be required.

(E) The median income for households in the proposed district based on the most recent federal decennial census.

(8) A summary of alternatives to creating the district.

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

As added by P.L.1-1996, SEC.16. Amended by P.L.97-2012, SEC.5.
Ind. Code § 13-20-15-6 — Indiana Code / Title 13 / Article 20 / Chapter 15 / Section 13-20-15-6
Disposal of solid or liquid waste containing PCB
Status: in_force

Sec. 6. A person may not dispose of solid or liquid waste resulting from the use in the person's business of:

(1) PCB; or

(2) an item, a product, or a material containing or that has contained PCB;

except in conformity with rules adopted by the board.

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

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-11-2-251 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-251
"Waste tire storage site"
Status: in_force

Sec. 251. "Waste tire storage site", for purposes of IC 13-20-13 and IC 13-20-14, means:

(1) a site at which at least one thousand (1,000) passenger tire equivalents are accumulated outdoors or within a structure that is not completely enclosed; or

(2) a site at which at least two thousand (2,000) passenger tire equivalents are accumulated indoors within a completely enclosed structure.

[Pre-1996 Recodification Citations: 13-7-23-5; 13-7-23.2-7.1.]

As added by P.L.1-1996, SEC.1. Amended by P.L.93-1998, SEC.3; P.L.37-2012, SEC.16.
Ind. Code § 13-15-4-15 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-15
Consultants
Status: in_force

Sec. 15. (a) If an applicant chooses to proceed under section 11(b)(2) of this chapter, the department and the applicant shall jointly:

(1) select a consultant that has the appropriate background to review the applicant's application; and

(2) authorize the consultant to begin work;

not later than fifteen (15) business days after the department receives notice that the applicant has chosen to proceed under section 11(b)(2) of this chapter.

(b) The commissioner may:

(1) consult with the applicant regarding the advisability of proceeding under this section; and

(2) document the communications.

[Pre-1996 Recodification Citation: 13-7-10.1-9.]

As added by P.L.1-1996, SEC.5. Amended by P.L.184-2002, SEC.8; P.L.135-2026, SEC.122.
Ind. Code § 13-12-5-4 — Indiana Code / Title 13 / Article 12 / Chapter 5 / Section 13-12-5-4
Preferred approach
Status: in_force

Sec. 4. The general assembly recognizes the following:

(1) That clean manufacturing is:

(A) the most reliable and effective form of environmental protection; and

(B) the preferred approach to environmental protection.

(2) That wastes, pollutants, emissions, or discharges that have not been avoided or eliminated by means of clean manufacturing at the point of production should be managed or controlled in a manner that has the least adverse impact on human health and the environment.

[Pre-1996 Recodification Citation: 13-1-10.1-4.]

As added by P.L.1-1996, SEC.2. Amended by P.L.124-1997, SEC.16.
Ind. Code § 13-15-2-1 — Indiana Code / Title 13 / Article 15 / Chapter 2 / Section 13-15-2-1
Duty of board to adopt rules
Status: in_force

Sec. 1. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to establish requirements and procedures for the issuance of permits.

(b) In rules for the issuance of permits, the board may do the following:

(1) Prescribe standards for the discharge, emission, or disposal of contaminants and the operation of any facility, equipment, or device.

(2) Impose the conditions that are considered necessary to accomplish the purposes of this title.

[Pre-1996 Recodification Citation: 13-7-10-1(a), (b).]

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.98.
Ind. Code § 13-30-1-8 — Indiana Code / Title 13 / Article 30 / Chapter 1 / Section 13-30-1-8
Respondent's burden
Status: in_force

Sec. 8. (a) In an action under this chapter, whenever the petitioner has made a prima facie showing that the conduct of the respondent has or is reasonably likely to impair, pollute, or destroy the environment of Indiana, the respondent has the burden of establishing the following:

(1) If there is an applicable rule adopted by a state agency setting standards for pollution, impairment, or destruction, or for antipollution devices, the respondent has the burden of establishing compliance with the rule, which constitutes a prima facie defense to petitioner's claim.

(2) If there is not an applicable rule, the respondent has the burden of establishing that:

(A) there is no feasible and prudent alternative; and

(B) the conduct, program, or product at issue is consistent with and reasonably required for the promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of the environment from pollution, impairment, or destruction.

(b) Upon the respondent establishing the proof under subsection (a):

(1) the respondent is considered to have rebutted the prima facie showing; and

(2) the petitioner has the burden of going forward with the evidence.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-26-10-16 — Indiana Code / Title 13 / Article 26 / Chapter 10 / Section 13-26-10-16
Trust indenture; rights and remedies of bondholder and trustee
Status: in_force

Sec. 16. The trust indenture may set forth the rights and remedies of the bondholders or trustee, restricting the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.

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

As added by P.L.1-1996, SEC.16.
Ind. Code § 13-17-6-5 — Indiana Code / Title 13 / Article 17 / Chapter 6 / Section 13-17-6-5
Agents or employees of licensed asbestos contractor; necessity of accreditation under certain circumstances
Status: in_force

Sec. 5. An asbestos contractor licensed under this chapter may not allow an agent or employee of the contractor to:

(1) exercise control over an asbestos project; or

(2) come into contact with asbestos;

unless the agent or employee is accredited under this chapter.

[Pre-1996 Recodification Citation: 13-1-1-17.]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-23-13-12 — Indiana Code / Title 13 / Article 23 / Chapter 13 / Section 13-23-13-12
Duty of owner or operator to furnish information, conduct testing, or permit access; right of entry
Status: in_force

Sec. 12. (a) For the purpose of enabling the commissioner to take or to assess the need for corrective action under this chapter or to enforce this article, an owner or operator of an underground storage tank or aboveground storage tank, upon the request of an officer, an employee, or a designated representative of the department, shall do the following:

(1) Furnish information relating to the:

(A) underground storage tank;

(B) aboveground storage tank; or

(C) associated equipment or contents.

(2) Conduct monitoring or testing of the underground storage tank or aboveground storage tank, including associated equipment or contents.

(3) Conduct monitoring or testing of soils, air, surface water, or ground water surrounding the underground storage tank or aboveground storage tank if:

(A) tank testing, using methods that are applicable to but not in excess of federal standards, confirms a release of regulated substance; or

(B) other evidence exists that gives cause for reasonable suspicion that a release has occurred.

(4) Permit, at all reasonable times, the officer, employee, or designated representative to have access to and to copy all records relating to the underground storage tank or aboveground storage tank.

(5) Permit the officer, employee, or designated representative to have access for corrective action.

(b) For the purposes set forth in subsection (a), an officer, an employee, or a designated representative of the department may enter at reasonable times any establishment or other place where an underground storage tank or aboveground storage tank is located or where a regulated substance may be present due to a release from an underground storage tank or aboveground storage tank to do the following:

(1) Inspect and obtain samples from any person of any regulated substances contained in the underground storage tank or aboveground storage tank.

(2) Conduct monitoring or testing of:

(A) the underground storage tank;

(B) the aboveground storage tank;

(C) associated equipment or contents; or

(D) surrounding:

(i) soils;

(ii) air;

(iii) surface water; or

(iv) ground water.

(3) Take corrective action under section 2 of this chapter.

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

[Pre-1996 Recodification Citation: 13-7-20-28.]

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.58.
Ind. Code § 13-20-17-3 — Indiana Code / Title 13 / Article 20 / Chapter 17 / Section 13-20-17-3
Sale of intentionally introduced button-cell, mercuric-oxide battery
Status: in_force

Sec. 3. A person may not:

(1) sell;

(2) offer for sale; or

(3) offer for promotional purposes;

a button cell, mercuric-oxide battery if the battery was manufactured after December 31, 1995.

[Pre-1996 Recodification Citation: 13-1-16-5.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-23-9-6 — Indiana Code / Title 13 / Article 23 / Chapter 9 / Section 13-23-9-6
Material misstatement with intent to defraud
Status: in_force

Sec. 6. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with a request for payment from the ELTF commits a Level 6 felony.

As added by P.L.137-2007, SEC.26. Amended by P.L.158-2013, SEC.193; P.L.96-2016, SEC.39.
Ind. Code § 13-17-3-10 — Indiana Code / Title 13 / Article 17 / Chapter 3 / Section 13-17-3-10
Funds
Status: in_force

Sec. 10. The commissioner may budget and receive appropriated money for expenditures to carry out air pollution control laws.

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

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-11-2-261 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-261
"Water pollution control laws"
Status: in_force

Sec. 261. "Water pollution control laws" refers to IC 13-18, except for the following:

(1) IC 13-18-2.

(2) IC 13-18-9 through IC 13-18-20.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-21-7-9 — Indiana Code / Title 13 / Article 21 / Chapter 7 / Section 13-21-7-9
Special tax on real property
Status: in_force

Sec. 9. (a) For the purpose of raising money to pay waste management district bonds issued under this chapter or IC 13-9.5-9-3 (before its repeal), the board shall levy each year a special tax upon all the real property of the district in the amount and the manner necessary to meet and pay the following:

(1) The principal of the waste management district bonds as the bonds severally mature.

(2) All accruing interest on the bonds.

(b) The tax constitutes the amount of benefits resulting to all of the property in the district.

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

As added by P.L.1-1996, SEC.11.
Ind. Code § 13-17-6-2 — Indiana Code / Title 13 / Article 17 / Chapter 6 / Section 13-17-6-2
Fee for certification
Status: in_force

Sec. 2. (a) This section does not apply to a person making an inspection under the authority of IC 22-8-1.1.

(b) The board shall adopt a rule under IC 4-22-2 to do the following:

(1) Establish a fee not to exceed one hundred fifty dollars ($150) per person per certification for persons seeking accreditation through the program established under section 1 of this chapter.

(2) Establish a fee for asbestos contractors seeking licensing through the program established under section 1 of this chapter.

(c) The amount of the fee established under subsection (b) must not be more than is considered to be necessary to recover the cost of establishing the accreditation and licensing programs.

(d) The proceeds of the fee shall be deposited in the asbestos trust fund established by section 3 of this chapter.

[Pre-1996 Recodification Citation: 13-1-1-14(a), (c), (d).]

As added by P.L.1-1996, SEC.7.
Ind. Code § 13-12-4-3 — Indiana Code / Title 13 / Article 12 / Chapter 4 / Section 13-12-4-3
Policy statement
Status: in_force

Sec. 3. The general assembly declares that it is the continuing policy of the state, in cooperation with the federal and local governments and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to do the following:

(1) Foster and promote the general welfare.

(2) Create and maintain conditions under which humans and nature can exist in productive harmony.

(3) Fulfill the social, economic, and other requirements of present and future generations of Indiana citizens.

[Pre-1996 Recodification Citation: 13-1-10-2(a) part.]

As added by P.L.1-1996, SEC.2.
Ind. Code § 13-20-6-3 — Indiana Code / Title 13 / Article 20 / Chapter 6 / Section 13-20-6-3
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10.5-12.]

As added by P.L.1-1996, SEC.10. Repealed by P.L.154-2005, SEC.17.
Ind. Code § 13-17-5-5.4 — Indiana Code / Title 13 / Article 17 / Chapter 5 / Section 13-17-5-5.4
Number of inspection stations in certain counties
Status: in_force

Sec. 5.4. (a) This section applies to the following counties:

(1) A county having a population of more than eighty thousand four hundred (80,400) and less than eighty-two thousand (82,000).

(2) A county having a population of more than one hundred twenty thousand (120,000) and less than one hundred thirty thousand (130,000).

(b) For the purpose of determining the number of inspection stations operating in a county under this subsection, a temporary or portable inspection station counts as an inspection station. After July 1, 1997, the department must maintain in a county under subsection (a) an equal or greater number of inspection stations as were operating in the county on July 1, 1996.

As added by P.L.79-1997, SEC.2. Amended by P.L.170-2002, SEC.86; P.L.119-2012, SEC.109; P.L.104-2022, SEC.80.
Ind. Code § 13-18-12-9.5 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-9.5
Amendment of NPDES general permit for county onsite waste management districts
Status: in_force

Sec. 9.5. If the amendment of the National Pollutant Discharge Elimination System (NPDES) general permit issued by the department for the purposes of IC 36-11 is necessary or advisable to enable county onsite waste management districts established under IC 36-11 after June 30, 2023, to function properly and effectively, the department shall amend the general permit as soon as reasonably possible after June 30, 2023.

As added by P.L.192-2023, SEC.4.
Ind. Code § 13-20-21-7 — Indiana Code / Title 13 / Article 20 / Chapter 21 / Section 13-20-21-7
Remittance of fee required; denial of permit
Status: in_force

Sec. 7. (a) When a person files an application or a registration with the department concerning an activity associated with a fee established by section 3, 4, 5, or 6 of this chapter, the person must remit an application fee or a registration fee to the department.

(b) If a person does not remit the application fee or the registration fee to the department, the department shall deny the person's application or registration.

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

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

[Pre-1996 Recodification Citation: 13-7-3-10.]

As added by P.L.1-1996, SEC.4. Repealed by P.L.135-2026, SEC.77.
Ind. Code § 13-11-2-195.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-195.5
"Safe Drinking Water Act"
Status: in_force

Sec. 195.5. "Safe Drinking Water Act", for purposes of this chapter, refers to:

(1) 42 U.S.C. 300f et seq.; and

(2) regulations adopted under 42 U.S.C. 300f et seq.

As added by P.L.235-2005, SEC.129. Amended by P.L.233-2017, SEC.20; P.L.189-2018, SEC.118.
Ind. Code § 13-18-15-4 — Indiana Code / Title 13 / Article 18 / Chapter 15 / Section 13-18-15-4
Appeal
Status: in_force

Sec. 4. Any person aggrieved by an order under section 3 of this chapter has all rights of appeal as with other orders of the commission.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-17-1-1 — Indiana Code / Title 13 / Article 17 / Chapter 1 / Section 13-17-1-1
Purpose; air resource purity
Status: in_force

Sec. 1. It is the intent and purpose of air pollution control laws to maintain the purity of the air resource of Indiana, which shall be consistent with protection of the public health and welfare and the public enjoyment of the air resource, physical property and other resources, flora and fauna, maximum employment, and full industrial development of Indiana. The board and the department shall safeguard the air resource through the prevention, abatement, and control of air pollution by all practical and economically feasible methods.

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

As added by P.L.1-1996, SEC.7. Amended by P.L.133-2012, SEC.117.
Ind. Code § 13-20-6-1 — Indiana Code / Title 13 / Article 20 / Chapter 6 / Section 13-20-6-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter does not apply to a person who:

(1) generates municipal waste on a site owned or operated by the person; and

(2) disposes of the municipal waste at a site that:

(A) is owned or operated by the person; and

(B) for the purpose of municipal waste disposal, may only be used by the person to dispose of municipal waste generated by the person.

[Pre-1996 Recodification Citation: 13-7-10.5-1.]

As added by P.L.1-1996, SEC.10.
Ind. Code § 13-18-12-1 — Indiana Code / Title 13 / Article 18 / Chapter 12 / Section 13-18-12-1
Regulation of wastewater management services providers
Status: in_force

Sec. 1. The board and the department shall regulate persons who provide septage management services.

[Pre-1996 Recodification Citation: 13-7-8.8-2.]

As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.24; P.L.133-2012, SEC.129.
Ind. Code § 13-11-2-149.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-149.6
"Outstanding state resource water"
Status: in_force

Sec. 149.6. "Outstanding state resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means any water designated as such by the board regardless of when the designation occurred or occurs. Waters that may be considered for designation as outstanding state resource waters include water bodies that have unique or special ecological, recreational, or aesthetic significance.

As added by P.L.140-2000, SEC.12. Amended by P.L.1-2001, SEC.14; P.L.113-2014, SEC.52.
Ind. Code § 13-23-7-2 — Indiana Code / Title 13 / Article 23 / Chapter 7 / Section 13-23-7-2
Sources of money for ELTF
Status: in_force

Sec. 2. Sources of money for the ELTF are the following:

(1) Appropriations from the general assembly.

(2) Gifts and donations intended for deposit in the fund.

(3) Inspection fees paid under IC 16-44-2.

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

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

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.6; P.L.96-2016, SEC.13; P.L.189-2018, SEC.126.
Ind. Code § 13-23-9-1 — Indiana Code / Title 13 / Article 23 / Chapter 9 / Section 13-23-9-1
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20-36.]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.21; P.L.14-2001, SEC.14. Repealed by P.L.96-2016, SEC.31.
Ind. Code § 13-15-4-13 — Indiana Code / Title 13 / Article 15 / Chapter 4 / Section 13-15-4-13
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-10.1-8(c).]

As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002, SEC.30.
Ind. Code § 13-11-2-85 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-85
"Financing agreement"
Status: in_force

Sec. 85. "Financing agreement", for purposes of IC 13-21, includes an agreement between a district and a developer, between a developer and a user, or among a district, developer, and user concerning:

(1) payments to the district under the agreement; and

(2) any of the following:

(A) The financing of facilities.

(B) The title to facilities.

(C) The possession of facilities.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-15.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-225 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-225
"Substance"
Status: in_force

Sec. 225. "Substance", for purposes of IC 13-25-2, refers to a substance on the list described in 42 U.S.C. 11002(a)(2).

[Pre-1996 Recodification Citation: 13-7-37-8.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-23-5-1 — Indiana Code / Title 13 / Article 23 / Chapter 5 / Section 13-23-5-1
Restrictions on timing of tank installations; tanks for alcohol blended fuels
Status: in_force

Sec. 1. (a) Subject to section 2 of this chapter, and except as provided in subsection (b), an underground storage tank, whether of single or double wall construction, may not be installed before the effective date of the rules adopted under IC 13-23-1-2 for the purpose of storing regulated substances unless:

(1) the tank will prevent releases due to corrosion or structural failure for the operational life of the tank;

(2) the tank is:

(A) cathodically protected against corrosion;

(B) constructed of noncorrosive material;

(C) steel clad with a noncorrosive material; or

(D) designed to prevent the release or threatened release of any stored substance;

(3) the material used in the construction or lining of the tank is compatible with the substance to be stored; and

(4) after July 1, 2007, all newly installed or replaced piping connected to the tank meets the secondary containment requirements adopted by the board.

(b) An underground storage tank system that contains alcohol blended fuels composed of greater than fifteen percent (15%) alcohol may be installed during the period referred to in subsection (a) if the system is otherwise in compliance with rules adopted by the board concerning technical and safety requirements relating to the physical characteristics of underground petroleum storage tanks and ancillary equipment, including dispensing equipment, used in the storing or dispensing of alcohol blended fuels for purposes of all other provisions of this article.

(c) Owners and operators of underground storage tank systems that store, carry, or dispense alcohol blended fuels composed of greater than fifteen percent (15%) alcohol that comply with subsection (b) are considered to meet the standards of:

(1) compatibility under subsection (a)(3); and

(2) compliance for purposes of all other provisions of this article.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.75-2007, SEC.1; P.L.221-2007, SEC.13; P.L.96-2016, SEC.11; P.L.176-2023, SEC.36.
Ind. Code § 13-28-3-6 — Indiana Code / Title 13 / Article 28 / Chapter 3 / Section 13-28-3-6
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.18. Repealed by P.L.12-2005, SEC.6.
Ind. Code § 13-11-2-245.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-245.2
"Vehicle disposal facility"
Status: in_force

Sec. 245.2. (a) "Vehicle disposal facility", for purposes of this chapter, means a person, firm, limited liability company, corporation, or other legal entity that, in the course of business, engages in the acquisition and dismantling or demolition of motor vehicles, motorcycles, semitrailers, or recreational vehicles or their remains for the benefit of reusable components and parts or recyclable materials.

(b) The term includes the following enterprises:

(1) An automotive salvage recycler.

(2) A hulk crusher.

(c) The term does not include a scrap metal processor.

As added by P.L.170-2006, SEC.13. Amended by P.L.112-2016, SEC.15.
Ind. Code § 13-11-2-239 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-239
"Treatment"
Status: in_force

Sec. 239. (a) "Treatment", for purposes of environmental management laws, when used in connection with a waste that is determined to be hazardous waste under IC 13-22-2-3, means any method, technique, or process designed to change the physical, chemical, or biological character or composition of the waste so as to:

(1) neutralize the waste;

(2) make the waste:

(A) nonhazardous or less hazardous;

(B) safer to transport, store, or dispose of;

(C) amenable to recovery or storage; or

(D) reduced in volume; or

(3) recover energy or material resources from the waste.

(b) "Treatment", for purposes of IC 13-22-12, includes:

(1) interim status; and

(2) permitted;

hazardous waste treatment.

(c) "Treatment", for purposes of IC 13-29-1, means any method, technique, or process, including storage for radioactive decay, designed to change the physical, chemical, or biological characteristics or composition of any waste in order to render the waste safer for transport or management, amenable to recovery, convertible to another usable material, or reduced in volume.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-25; 13-7-8.6-2(h). subsection (b) formerly 13-7-16.1-3(g); subsection (c) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-22-7.5-3 — Indiana Code / Title 13 / Article 22 / Chapter 7.5 / Section 13-22-7.5-3
Transport at times providing maximum public safety
Status: in_force

Sec. 3. The transport of a substance referred to in section 2 of this chapter shall occur at times that provide maximum public safety.

As added by P.L.172-2005, SEC.2.
Ind. Code § 13-18-20-12 — Indiana Code / Title 13 / Article 18 / Chapter 20 / Section 13-18-20-12
Application fee
Status: in_force

Sec. 12. (a) When a person files an application with the department concerning a NPDES permit, including:

(1) an application for an initial permit;

(2) the renewal of a permit;

(3) the modification of a permit; or

(4) a variance from a permit;

the person must remit an application fee of fifty dollars ($50) to the department.

(b) If a person does not remit an application fee to the department, the department shall deny the person's application.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-25-4-9 — Indiana Code / Title 13 / Article 25 / Chapter 4 / Section 13-25-4-9
Court actions by commissioner; administrative orders
Status: in_force

Sec. 9. (a) The commissioner may proceed in court, by appropriate action, to:

(1) compel a responsible person to undertake a removal or remedial action with respect to a release or threatened release of a hazardous substance from a facility or site in Indiana; or

(2) obtain an order to enter upon private or public property to carry out an appropriate response under the environmental management laws if the commissioner cannot identify or locate another person responsible for carrying out the response who:

(A) is willing to carry out the response and capable of doing so; or

(B) can be compelled to carry out the response under subdivision (1).

(b) The commissioner may issue an administrative order for the purpose set forth in subsection (a)(1).

[Pre-1996 Recodification Citation: 13-7-8.7-9.]

As added by P.L.1-1996, SEC.15.
Ind. Code § 13-18-11-6 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-6
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-1-6-3(c) part, (d).]

As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.4; P.L.147-2015, SEC.7. Repealed by P.L.181-2018, SEC.5.
Ind. Code § 13-20-10.5-3 — Indiana Code / Title 13 / Article 20 / Chapter 10.5 / Section 13-20-10.5-3
Repealed
Status: repealed

As added by P.L.189-2011, SEC.13. Amended by P.L.27-2024, SEC.6. Repealed by P.L.135-2026, SEC.194.
Ind. Code § 13-14-1-18 — Indiana Code / Title 13 / Article 14 / Chapter 1 / Section 13-14-1-18
Flood control permit process; coordination with other state agencies
Status: in_force

Sec. 18. The department shall coordinate with the department of natural resources and other state agencies to simplify the state permitting process with respect to the flood control activities of the Kankakee River basin and Yellow River basin development commission under IC 14-13-9. The department and other agencies shall assist each other in:

(1) reducing the number of applications and other interactions required to obtain necessary permits; and

(2) avoiding imposing conflicting requirements upon the commission in issuing permits to the commission.

As added by P.L.282-2019, SEC.3.
Ind. Code § 13-27-2-11 — Indiana Code / Title 13 / Article 27 / Chapter 2 / Section 13-27-2-11
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-9-2-11.]

As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.20; P.L.37-2012, SEC.57. Repealed by P.L.135-2026, SEC.288.
Ind. Code § 13-11-1-3 — Indiana Code / Title 13 / Article 11 / Chapter 1 / Section 13-11-1-3
Applicability of definitions to IC 13-29-1 and IC 13-29-2
Status: in_force

Sec. 3. Except as otherwise provided, the definitions in this article do not apply to the following:

(1) IC 13-29-1.

(2) IC 13-29-2.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-223 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-223
"Storage"
Status: in_force

Sec. 223. (a) "Storage", for purposes of environmental management laws and when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste.

(b) "Storage", for purposes of IC 13-22-10, means:

(1) the containment of hazardous waste requiring a permit under rules adopted under IC 13-22-2-4; or

(2) the containment of low level radioactive waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the low level radioactive waste.

(c) "Storage", for purposes of IC 13-22-12, includes:

(1) interim status; and

(2) permitted;

hazardous waste storage.

(d) "Storage", for purposes of IC 13-29-1, means the temporary holding of waste for treatment or disposal.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-24; subsection (b) formerly 13-7-8.6-2(g); subsection (c) formerly 13-7-16.1-3(f); subsection (d) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.
Ind. Code § 13-11-2-72.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-72.6
"Erosion"
Status: in_force

Sec. 72.6. "Erosion", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-4.

As added by P.L.248-2019, SEC.3.
Ind. Code § 13-18-11-5 — Indiana Code / Title 13 / Article 18 / Chapter 11 / Section 13-18-11-5
Application; fees
Status: in_force

Sec. 5. The commissioner shall prescribe and provide an application form for use by applicants in applying for the appropriate certificate issued under this chapter. An applicant must deposit a fee of thirty dollars ($30) at the time of making application for certification.

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

As added by P.L.1-1996, SEC.8.
Ind. Code § 13-23-6-5 — Indiana Code / Title 13 / Article 23 / Chapter 6 / Section 13-23-6-5
Reversion to general fund
Status: in_force

Sec. 5. Money in the fund at the end of a state fiscal year does not revert to the state general fund.

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

As added by P.L.1-1996, SEC.13.
Ind. Code § 13-17-10-2 — Indiana Code / Title 13 / Article 17 / Chapter 10 / Section 13-17-10-2
Repealed
Status: repealed

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

As added by P.L.1-1996, SEC.7. Repealed by P.L.135-2026, SEC.139.
Ind. Code § 13-14-2-2 — Indiana Code / Title 13 / Article 14 / Chapter 2 / Section 13-14-2-2
Entry upon private or public property for inspection by agent
Status: in_force

Sec. 2. The department may have a designated agent, upon presentation of proper credentials, enter upon private or public property to inspect for and investigate possible violations of any of the following:

(1) Air pollution control laws.

(2) Water pollution control laws.

(3) Environmental management laws.

(4) IC 13-18-9.

(5) IC 13-18-10.

(6) IC 13-18-10.7.

(7) IC 13-19-3.

(8) Any rule adopted by the board.

[Pre-1996 Recodification Citation: 13-7-5-3.]

As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.79; P.L.192-2025, SEC.2.
Ind. Code § 13-23-14-4 — Indiana Code / Title 13 / Article 23 / Chapter 14 / Section 13-23-14-4
Noncompliance with orders
Status: in_force

Sec. 4. (a) A person who fails to comply with an order issued by the commissioner under this article or IC 13-7-20 (before its repeal) after the order becomes effective is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of continued noncompliance.

(b) It is a defense to a violation of this section due to noncompliance with an order issued under IC 13-23-1-4 that the person has not been notified that an underground storage tank or aboveground storage tank that is the subject of the order is ineligible for delivery, deposit, or acceptance of a regulated substance as determined by the commissioner.

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

As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.7; P.L.176-2023, SEC.64.
Ind. Code § 13-11-2-2.6 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-2.6
"Advanced recycling facility"
Status: in_force

Sec. 2.6. (a) "Advanced recycling facility" means a manufacturing facility that:

(1) receives, stores, and converts post-use polymers and recovered feedstocks resulting from advanced recycling; and

(2) is subject to manufacturing regulation by the department for any of the following:

(A) Air.

(B) Water.

(C) Waste.

(D) Land use.

(b) The term does not include any of the following:

(1) A final disposal facility.

(2) An incinerator.

(3) A solid waste disposal facility.

(4) A solid waste management facility.

(5) A solid waste processing facility.

(6) A solid waste recovery facility.

(7) A solid waste-to-energy facility.

(c) Recycled products produced at an advanced recycling facility include:

(1) monomers;

(2) oligomers;

(3) plastics;

(4) plastics and chemical feedstocks;

(5) basic and unfinished chemicals;

(6) waxes;

(7) lubricants;

(8) coatings; and

(9) adhesives.

As added by P.L.54-2023, SEC.2.
Ind. Code § 13-15-1-3 — Indiana Code / Title 13 / Article 15 / Chapter 1 / Section 13-15-1-3
Solid waste and hazardous waste permitting
Status: in_force

Sec. 3. The board shall establish requirements for the issuance of permits to control solid waste and hazardous waste, including the following:

(1) Permits to control or limit the disposal of any contaminants onto or into the land.

(2) Permits for the construction, installation, or modification of facilities, equipment, or devices:

(A) to control or limit any discharge, emission, or disposal of contaminants into the land; or

(B) for the storage, treatment, processing, transferring, or disposal of solid waste or hazardous waste.

(3) Permits for the operation of facilities, equipment, or devices:

(A) to control or limit the discharge, emission, transfer, or disposal of any contaminants into the land; or

(B) for the storage, transportation, treatment, processing, transferring, or disposal of solid waste or hazardous waste.

(4) Permits for the disposal of coal combustion residuals in landfills and surface impoundments.

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

As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.97; P.L.100-2021, SEC.6; P.L.135-2026, SEC.109.
Ind. Code § 13-30-7-3 — Indiana Code / Title 13 / Article 30 / Chapter 7 / Section 13-30-7-3
Extension of correction period
Status: in_force

Sec. 3. If:

(1) a violation under section 1 of this chapter cannot be corrected; or

(2) substantial steps to correct the violation cannot be taken;

within ninety (90) days, the department may extend the correction period for one (1) additional ninety (90) day period.

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

As added by P.L.1-1996, SEC.20.
Ind. Code § 13-11-2-130.2 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-130.2
"Motor vehicle manufacturer"
Status: in_force

Sec. 130.2. "Motor vehicle manufacturer", for purposes of this chapter, means a person that is engaged in the business of manufacturing or assembling new motor vehicles for sale to any of the following:

(1) Dealers.

(2) Wholesale dealers.

(3) Distributors.

(4) The general public.

As added by P.L.170-2006, SEC.9. Amended by P.L.112-2016, SEC.10.
Ind. Code § 13-20.5-7-8 — Indiana Code / Title 13 / Article 20.5 / Chapter 7 / Section 13-20.5-7-8
Department may participate in organizations and compacts
Status: in_force

Sec. 8. The department may participate in or join a regional multistate organization or compact to assist in implementing this article.

As added by P.L.178-2009, SEC.27.
Ind. Code § 13-11-2-229 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-229
Repealed
Status: repealed

[Pre-1996 Recodification Citation: 13-7-20-33.3(a).]

As added by P.L.1-1996, SEC.1. Repealed by P.L.14-2001, SEC.19.
Ind. Code § 13-22-2-4 — Indiana Code / Title 13 / Article 22 / Chapter 2 / Section 13-22-2-4
Rules
Status: in_force

Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 on the proper and safe transportation, treatment, storage, and disposal of hazardous wastes. Whenever possible, the rules adopted under this section must allow for variation in Indiana with regard to population density, climate, and geology.

(b) Rules adopted under this section concerning incinerators used as hazardous waste facilities may establish requirements more stringent than the requirements for hazardous waste incinerators established by regulations adopted by the Administrator of the United States Environmental Protection Agency under the following statutes:

(1) The federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.).

(2) The federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended.

[Pre-1996 Recodification Citation: 13-7-8.5-4.]

As added by P.L.1-1996, SEC.12. Amended by P.L.135-2026, SEC.229.
Ind. Code § 13-18-16-10 — Indiana Code / Title 13 / Article 18 / Chapter 16 / Section 13-18-16-10
Continuing surveillance
Status: in_force

Sec. 10. The department shall conduct a program of continuing surveillance and inspection of public water systems and technical assistance in connection with public water systems.

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

As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.19.
Ind. Code § 13-11-2-38.5 — Indiana Code / Title 13 / Article 11 / Chapter 2 / Section 13-11-2-38.5
"Conditionally exempt small quantity generator waste"
Status: in_force

Sec. 38.5. "Conditionally exempt small quantity generator waste", for purposes of IC 13-20-20 and IC 13-25-4, means waste generated by a conditionally exempt small quantity generator (as defined in 40 CFR 261.5).

As added by P.L.237-1999, SEC.1.
Ind. Code § 13-20-14-9.5 — Indiana Code / Title 13 / Article 20 / Chapter 14 / Section 13-20-14-9.5
Disposal by transfer station operators
Status: reserved

Sec. 9.5. (a) Except as provided in rules adopted under subsection (c), an operator of a transfer station shall remove whole waste tires present in solid waste that is being transferred from a vehicle or container to another vehicle or container at the transfer station.

(b) Whole waste tires removed by an operator of a transfer station under subsection (a) shall be disposed of as provided in this chapter.

(c) The board may adopt rules that allow for the incidental transfer of small amounts of whole waste tires under subsection (a).

(d) The rules adopted under subsection (c) may allow a transfer station operator to meet the requirements of the rule by employing procedures designed to achieve the objectives of subsection (c) in lieu of a numeric standard.

As added by P.L.123-1996, SEC.14. Amended by P.L.133-2012, SEC.147; P.L.135-2026, SEC.204.
Ind. Code § 13-17-4-2 — Indiana Code / Title 13 / Article 17 / Chapter 4 / Section 13-17-4-2
Emergency risk
Status: in_force

Sec. 2. (a) Air pollution may at certain times and places so seriously affect the public health and so threaten the population as to warrant emergency powers to prevent or minimize disasters of unforeseen proportions. If the commissioner determines, in consultation with the commissioner of the Indiana department of health, that air pollution in an area constitutes an unreasonable and emergency risk to the health and safety of those in the area, that determination shall be immediately communicated to the governor.

(b) The governor may, by proclamation, do the following:

(1) Declare that an emergency exists.

(2) Order all persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants.

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

As added by P.L.1-1996, SEC.7. Amended by P.L.56-2023, SEC.128.
Ind. Code § 13-17-4-3 — Indiana Code / Title 13 / Article 17 / Chapter 4 / Section 13-17-4-3
Injunction
Status: in_force

Sec. 3. (a) Not more than twenty-four (24) hours after issuance of a proclamation under section 2 of this chapter, the attorney general, at the request of the governor, shall initiate injunctive proceedings in the appropriate court against each person causing or contributing to the air pollution to:

(1) stop the emission of contaminants causing the pollution; or

(2) take other action that is necessary.

(b) If the attorney general does not commence an action within the twenty-four (24) hour period, the governor's proclamation becomes void.

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

As added by P.L.1-1996, SEC.7.