reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 17. Groundwater Protection › 13-18-17-6. Water Pollution Control Board; Protection Zones; Notice and Hearing

Sec. 6. (a) The board shall adopt rules under IC 4-22-2 to establish protection zones around community water system wells.
(b) The state agencies referred to in section 5(b) of this chapter may not permit activities within the zones established under subsection (a) that would violate the rules or interfere with the purposes of the rules.
(c) The department shall establish and operate a program of education and assistance to local officials in developing and managing well field protection zones.
(d) The rules adopted under subsection (a) or any zoning under IC 36-7 to establish protection zones around community water system wells may not restrict any activity by:
(1) an owner of land;
(2) a mineral owner; or
(3) a mineral leaseholder of record;
unless the owner or leaseholder is sent written notice of, and has an opportunity to be heard on, the establishment of the zone and the construction of the community public water system that caused the establishment of the zone.
(e) A person that requests a permit for construction of a community water system or establishment of a well field protection zone is responsible for any notice requirements the board establishes.
[Pre-1996 Recodification Citation: 13-7-26-7.]
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.13; P.L.184-2002, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 17. Groundwater Protection › 13-18-17-7. Water Pollution Control Board; Construction and Monitoring of Surface Impoundments; Application

Sec. 7. (a) The board shall adopt rules under IC 4-22-2 for the construction and monitoring of surface impoundments, including pits, ponds, and lagoons, used for the storage or treatment of nonhazardous waste and wastewater.
(b) The requirements of the rules adopted under this section must apply to all the state agencies referred to in section 5(b) of this chapter.
[Pre-1996 Recodification Citation: 13-7-26-8.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 18. General Coal Mine Permits › 13-18-18-1. Rules

Sec. 1. The department shall establish a general coal mine permit that may be obtained for a facility instead of obtaining another more specialized National Pollutant Discharge Elimination System coal mine permit.
[Pre-1996 Recodification Citation: 13-7-10-7(a).]
As added by P.L.1-1996, SEC.8. Amended by P.L.81-2011, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 18. General Coal Mine Permits › 13-18-18-2. Criteria for Consideration

Sec. 2. The department shall determine the criteria that must be met to qualify for the general permit.
[Pre-1996 Recodification Citation: 13-7-10-7(b).]
As added by P.L.1-1996, SEC.8. Amended by P.L.81-2011, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 18. General Coal Mine Permits › 13-18-18-3. Notice of Intent

Sec. 3. The general permit established under this chapter must allow a coal mine operator the option of submitting a notice of intent to be governed by the general permit requirements before the requirements apply to the coal mine operator.
[Pre-1996 Recodification Citation: 13-7-10-7(c).]
As added by P.L.1-1996, SEC.8. Amended by P.L.81-2011, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 19. Npdes Permits › 13-18-19-1. Application

Sec. 1. When the department receives an application for an original National Pollutant Discharge Elimination System (NPDES) permit required for discharge into a stream, the department shall do the following:
(1) Send a list in writing, on a monthly basis, of original applications received during the month to the county surveyor of the affected county, not later than thirty (30) days after receipt of the application.
(2) Advise the applicant in writing that if the stream is a regulated drain under IC 36-9-27, the county drainage board must also review the application for approval under IC 36-9-27.
[Pre-1996 Recodification Citation: 13-7-10-2(f).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 19. Npdes Permits › 13-18-19-2. Issuance of Npdes Permits

Sec. 2. (a) The department may issue National Pollutant Discharge Elimination System (NPDES) permits containing conditions that include alternate water quality based effluent limits that:
(1) are based on receiving water flows associated with, or characteristic of:
(A) wet weather events of various degrees of duration and intensity; or
(B) low flow stream conditions derived on a monthly, quarterly, or annual basis;
(2) provide increased mass limitations, concentration limitations, or mass and concentration limitations, for publicly owned treatment works (POTW) that:
(A) are capable of treating wastewater flows that exceed the design flow used to calculate normal water quality based effluent limitations; and
(B) as a result of the increased limitations, can reduce the volume of discharge of wastewater from plant bypasses or combined sewer overflows; or
(3) include any factor or combination of factors described in subdivisions (1) and (2).
(b) The department may require an applicant for an NPDES permit containing at least one (1) of the conditions described in subsection (a) to document, in a reasonable manner, stream conditions and local controls that are germane to a condition described in subsection (a) before the department issues the NPDES permit.
As added by P.L.140-2000, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 19. Npdes Permits › 13-18-19-3. Community Water System That Draws From and Discharges Into Ohio River; Exemption From Effluent Limitation for Mercury

Sec. 3. (a) Subsection (b) applies to a community water system, as defined in IC 13-11-2-35.5(a), that:
(1) draws water from the Ohio River;
(2) discharges wastewater into the Ohio River; and
(3) demonstrates to the satisfaction of the department that the wastewater discharged by the community water system into the Ohio River does not increase the mass of mercury in the Ohio River by an amount greater than the mass of mercury in the water withdrawn by the community water system from the Ohio River.
(b) If a community water system described in subsection (a) applies for a National Pollutant Discharge Elimination System (NPDES) permit or renewal:
(1) the discharge into the Ohio River of the community water system described in subsection (a) shall not be considered to cause, have a reasonable potential to cause, or contribute to an excursion above any applicable water quality standard governing mercury in the Ohio River that is established under rules adopted by the board; and
(2) no water quality-based effluent limitation for mercury shall be required in the permit or renewal.
As added by P.L.116-2023, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-1. Assessment

Sec. 1. Notwithstanding NPDES fees established under IC 13-16-1, the annual fees contained in this chapter shall be assessed to each facility that has a NPDES permit.
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-2. Industrial Permits

Sec. 2. For industrial permits, other than coal mine permits or stone quarry permits, the annual base fee per facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD
Fee
.001 -
.05
$240
.051 -
.1
$360
.101 -
.2
$840
.201 -
.3
$1,200
.301 -
.5
$1,680
.501 -
1.0
$2,060
1.001 -
2.0
$3,600
2.001 -
5.0
$5,400
5.001 -
10.0
$8,400
10.001 -
15.0
$12,000
15.001 -
30.0
$16,800
30.001 -
50.0
$22,800
50.001 -
100.0
$28,800
>100.0
$34,800
Annual flow fees are reduced by twenty percent (20%) for discharges that are comprised of greater than ninety percent (90%) of non-contact cooling water.
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-3. Annual Fees Instead of Individual Permit Fees

Sec. 3. Each facility for which a coal mine operator files a notice of intent under the general coal mine permit rules adopted under IC 13-18-18 shall pay an annual fee of five hundred dollars ($500) instead of the following individual permit fees. The annual fee must accompany the initial notice of intent and is due each year on the anniversary date of the date when the initial notice of intent was filed.
Outfalls
Fee
1 Outfall
$500
2-3 Outfalls
$750
4-6 Outfalls
$1,000
7-10 Outfalls
$1,500
11-20 Outfalls
$2,500
21-99 Outfalls
$3,500
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-4. Stone Quarry Permits

Sec. 4. For stone quarry permits, the annual fee is as follows:
Outfalls
Fee
1 Outfall
$750
2 Outfalls
$1,500
3 Outfalls
$2,000
4 Outfalls
$2,500
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-5. Municipal Permits

Sec. 5. For municipal permits, the annual base fee per facility is:
(1) one thousand five hundred dollars ($1,500) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD
Fee
.001 -
.05
$300
.051 -
.1
$600
.101 -
.2
$2,000
.201 -
.3
$4,000
.301 -
.5
$5,000
.501 -
1.0
$6,000
1.001 -
2.0
$7,000
2.001 -
5.0
$8,000
5.001 -
10.0
$10,000
10.001 -
15.0
$13,000
15.001 -
30.0
$15,000
30.001 -
50.0
$20,000
50.001 -
100.0
$22,000
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-6. State Permits

Sec. 6. For state permits, the annual base fee per facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD
Fee
.001 -
.05
$240
.051 -
.1
$360
.101 -
.2
$840
.201 -
.3
$1,200
.301 -
.5
$1,680
.501 -
1.0
$2,060
1.001 -
2.0
$3,600
2.001 -
5.0
$5,400
5.001 -
10.0
$8,400
10.001 -
15.0
$12,000
15.001 -
30.0
$16,800
30.001 -
50.0
$22,800
50.001 -
100.0
$28,800
> 100.0
$34,800
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-7. Federal Permits

Sec. 7. For federal permits, the annual base fee per facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Actual
Flow in MGD
Fee
.001 -
.05
$240
.051 -
.1
$360
.101 -
.2
$840
.201 -
.3
$1,200
.301 -
.5
$1,680
.501 -
1.0
$2,060
1.001 -
2.0
$3,600
2.001 -
5.0
$5,400
5.001 -
10.0
$8,400
10.001 -
15.0
$12,000
15.001 -
30.0
$16,800
30.001 -
50.0
$22,800
50.001 -
100.0
$28,800
>100.0
$34,800
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-8. Semipublic Permits

Sec. 8. For semipublic permits, the annual base fee per facility is:
(1) seven hundred fifty dollars ($750) for a major permit; and
(2) two hundred dollars ($200) for a minor permit;
plus the following annual discharge flow fee per facility:
Daily Average Design
Flow in MGD
Fee
.001 -
.05
$150
.051 -
.1
$300
.101 -
.2
$1,000
.201 -
.3
$2,000
.301 -
.5
$2,500
.501 -
1.0
$3,000
1.001 -
2.0
$3,500
2.001 -
5.0
$4,000
5.001 -
10.0
$5,000
10.001 -
15.0
$6,500
15.001 -
30.0
$7,500
30.001 -
50.0
$10,000
50.001 -
100.0
$11,000
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-9. Public Water System Permits

Sec. 9. For public water system permits, the annual base fee per facility is:
(1) one thousand dollars ($1,000) for a major permit; and
(2) four hundred dollars ($400) for a minor permit;
plus the following annual discharge flow fee per facility based on projected daily average flow in MGD as set forth in a facility NPDES permit:
Projected Daily Average
Flow in MGD
Fee
.001 -
.05
$240
.051 -
.1
$360
.101 -
.2
$840
.201 -
.3
$1,200
.301 -
.5
$1,680
.501 -
1.0
$2,060
1.001 -
2.0
$3,600
2.001 -
5.0
$5,400
5.001 -
10.0
$8,400
10.001 -
15.0
$12,000
15.001 -
30.0
$16,800
30.001 -
50.0
$22,800
50.001 -
100.0
$28,800
> 100.0
$34,800
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8. Amended by P.L.184-2002, SEC.24.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-10. Storm Water Permits

Sec. 10. (a) For storm water permits for construction activity, a fee of one hundred dollars ($100) shall be submitted with a notice of intent (NOI).
(b) For storm water permits for industrial activity, the annual fee is one hundred dollars ($100).
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-11. Industrial Waste Pretreatment Permit

Sec. 11. For an industrial waste pretreatment permit, the annual fee is three hundred fifty dollars ($350).
[Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-11.5. Concentrated Animal Feeding Operations

Sec. 11.5. (a) In addition to the fee under section 12 of this chapter, when a person files an application with the department concerning:
(1) an initial NPDES permit for a CAFO; or
(2) the renewal of an individual NPDES permit for a CAFO;
the person must remit a permit fee of two hundred fifty dollars ($250) to the department.
(b) If a person is subject to a fee for a CAFO under this section, no other fee under this chapter applies to the CAFO other than the fee under section 12 of this chapter.
As added by P.L.24-2004, SEC.4. Amended by P.L.250-2019, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-12. Application Fee

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.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-13. Assessment

Sec. 13. NPDES annual fees begin accruing January 1 of each year. The department shall assess the fees not later than January 15 of that year.
[Pre-1996 Recodification Citation: 13-7-16.1-1(q).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-14. Delinquency Charge

Sec. 14. (a) In addition to the penalties described under:
(1) IC 13-30-4-1;
(2) IC 13-30-4-2; and
(3) IC 13-30-5-1;
if a person does not remit an annual NPDES fee or an installment established by the department under IC 13-16-2 to the department not more than sixty (60) days after the date the fee is assessed or not more than thirty (30) days after the date the installment is due, the person shall be assessed a delinquency charge equal to ten percent (10%) of the annual fee or ten percent (10%) of the installment, whichever is applicable.
(b) A delinquency charge, if applicable, is due and payable sixty (60) days after the date an annual NPDES fee is assessed or thirty (30) days after the date the installment is due.
[Pre-1996 Recodification Citation: 13-7-16.1-1(r).]
As added by P.L.1-1996, SEC.8. Amended by P.L.130-1996, SEC.2; P.L.2-1997, SEC.41.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-15. Revocation of Permit

Sec. 15. If a person does not remit an annual NPDES fee or an installment established by the department under IC 13-16-2 and any applicable delinquency charge to the department not more than ninety (90) days after the date the fee is assessed or not more than sixty (60) days after the date the installment is due, the department may revoke the person's NPDES permit. However, before the department may revoke the permit:
(1) not earlier than sixty (60) days after the date the annual NPDES fee is assessed or not earlier than thirty (30) days after the installment is due; and
(2) not later than thirty (30) days before the department revokes the permit;
the department must deliver a written notice to the person that describes what fees and delinquency charges are due and indicates that the department may revoke the person's permit for nonpayment after thirty (30) days.
[Pre-1996 Recodification Citation: 13-7-16.1-1(s).]
As added by P.L.1-1996, SEC.8. Amended by P.L.130-1996, SEC.3; P.L.2-1997, SEC.42.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20. Npdes Permit Fees › 13-18-20-16. Deposit of Fees

Sec. 16. The fees and delinquency charges established under this chapter:
(1) are payable to the department; and
(2) shall be deposited in the environmental management permit operation fund established by IC 13-15-11-1.
[Pre-1996 Recodification Citation: 13-7-16.1-1(t).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20.5. Federal Safe Drinking Water Act › 13-18-20.5-2. Annual Operation Fees; Schedule of Fees

Sec. 2. For public water systems, the annual operation fees are as follows:
(1) For a community water system with more than four hundred (400) service connections, ninety-five cents ($0.95) per service connection.
(2) For a community water system with four hundred (400) or fewer service connections, the annual operation fee is three hundred fifty dollars ($350).
(3) For a nontransient noncommunity water system, the annual operation fees are as follows:
Number served
Fee
25 - 100
$150
101 - 250
$180
251 - 500
$240
501 - 1,000
$300
1,001 - 3,300
$450
3,301 - 5,000
$600
5,001 - 10,000
$1,500
more than 10,000
$3,000
(4) For a transient noncommunity water system, the annual operation fees are as follows:
Type of transient
noncommunity water system
Fee
Groundwater
$100
Purchase
$ 50
Surface
$200
As added by P.L.224-2003, SEC.134.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20.5. Federal Safe Drinking Water Act › 13-18-20.5-3. Calendar Year; Liability; Assessment Schedule

Sec. 3. (a) Public water system annual operation fees begin accruing January 1 of each year.
(b) This subsection applies only to fees that are due in 2004. The department shall assess the public water system annual operation fees not earlier than July 1. Notwithstanding section 2 of this chapter, the annual fee assessed under this subsection is equal to one-third (1/3) of the fee required under section 2 of this chapter.
(c) This subsection applies only to fees that are due in 2005. The department shall assess the public water system annual operation fees not earlier than July 1. Not withstanding section 2 of this chapter, the annual fee assessed under this subsection is equal to two-thirds (2/3) of the fee required under section 2 of this chapter.
(d) Beginning in 2006 and in each year thereafter, the department shall assess public water system annual operation fees not later than January 15 of each year.
(e) A person must remit a public water system annual operation fee or an installment established 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.
As added by P.L.224-2003, SEC.134.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20.5. Federal Safe Drinking Water Act › 13-18-20.5-4. Delinquent Payment; Penalties

Sec. 4. (a) In addition to the penalties prescribed under:
(1) IC 13-30-4-1;
(2) IC 13-30-4-2; and
(3) IC 13-30-5-1;
if a person does not remit a public water system annual operation fee or installment of the fee under IC 13-16-2 to the department not later than sixty (60) days after the date the fee is assessed or not later than thirty (30) days after the date the installment is due, the person shall be assessed a delinquency charge equal to ten percent (10%) of the fee or ten percent (10%) of the installment, whichever applies.
(b) A delinquency charge assessed under this section is due and payable not later than sixty (60) days after the date a fee is assessed or not later than thirty (30) days after the date an installment of the fee is due under IC 13-16-2.
As added by P.L.224-2003, SEC.134.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20.5. Federal Safe Drinking Water Act › 13-18-20.5-5. Delinquent Payment; Enforcement Action; Notice

Sec. 5. If a person does not remit a public water system annual operation fee or an installment of the fee under IC 13-16-2 to the department not later than ninety (90) days after the date the fee is assessed or not later than sixty (60) days after the date the installment is due, the department may pursue enforcement action under IC 13-30. However, before the department may pursue enforcement action, the department must:
(1) not earlier than sixty (60) days after the date the fee is assessed or not earlier than thirty (30) days after the installment is due; and
(2) not later than thirty (30) days before the department pursues enforcement action;
notify the person by United States mail of the fees and delinquency charges due. The notice must state that the department may pursue enforcement action for nonpayment after thirty (30) days from the date of the notice.
As added by P.L.224-2003, SEC.134.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 20.5. Federal Safe Drinking Water Act › 13-18-20.5-6. Deposit of Fees and Delinquent Charge

Sec. 6. The fees and delinquency charges collected under this chapter:
(1) are payable to the department; and
(2) shall be deposited in the environmental management permit operation fund established by IC 13-15-11-1.
As added by P.L.224-2003, SEC.134.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-2. Wetland Rules; Improving Classification of Isolated Wetland

Sec. 2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14 not later than February 1, 2005, to implement the part of the definition of Class I wetland under IC 13-11-2-25.8(a)(1)(B).
(b) Before the adoption of rules by the board under subsection (a), the department shall determine the class of a wetland in a manner consistent with the definitions of Class I, II, and III wetlands in IC 13-11-2-25.8.
(c) The classification of an isolated wetland that is based on the level of disturbance of the wetland by human activity or development may be improved to a higher numeric class if an action is taken to restore the isolated wetland, in full or in part, to the conditions that existed on the isolated wetland before the disturbance occurred.
As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.5; P.L.2-2005, SEC.55.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-3. Individual Permits for Wetland Activity; Adoption of Rules

Sec. 3. (a) The following shall be authorized by an individual permit:
(1) Wetland activity in a Class II wetland with an area, as delineated, of more than three-eighths (3/8) acre. This subdivision does not apply to the maintenance of a field tile within a Class II wetland under section 4(a)(1).
(2) Wetland activity in a Class III wetland.
(b) The board shall adopt rules under IC 4-22-2 and IC 13-14 to govern the issuance of individual permits by the department under subsection (a).
As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.6; P.L.160-2021, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-4. General Permits for Wetland Activities; Adoption of Rules

Sec. 4. (a) The following shall be authorized by a general permit:
(1) The maintenance of a field tile within a Class II wetland. However, the maintenance described in this subdivision may be authorized only if the field tile:
(A) is necessary to restore drainage of land adjacent to the wetland; and
(B) does not have the effect of draining the wetland.
(2) The maintenance of a field tile within a Class III wetland. However, the maintenance described in this subdivision may be authorized only if:
(A) the maintenance of the field tile:
(i) is necessary to restore drainage of land adjacent to the wetland; and
(ii) does not have the effect of draining the wetland; and
(B) the applicant obtains a site-specific approval for the maintenance of the field tile under section 12 of this chapter.
(b) The maintenance of a field tile in a Class I wetland does not require a permit.
(c) The board shall adopt rules under IC 4-22-2 and IC 13-14 to establish and implement the general permits described in subsection (a).
As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.7; P.L.160-2021, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-5. Contents of Wetland Rules

Sec. 5. (a) The rules adopted under section 3 of this chapter:
(1) must require that the applicant 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;
(2) except as provided in subsection (c), 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; and
(3) may prescribe additional conditions that are reasonable and necessary to carry out the purposes of this chapter.
(b) The rules adopted under section 4 of this chapter must require, as a prerequisite to the applicability of the general permit by rule to a specific wetland activity, that the person proposing the discharge submit to the department a notice of intent to be covered by the general permit by rule that:
(1) identifies the wetlands to be affected by the wetland activity; and
(2) except as provided in subsection (c), provides a compensatory mitigation plan as set forth in section 6 of this chapter to reasonably offset the loss of wetlands allowed by the general permit.
(c) Under subsections (a) and (b), the rules adopted under sections 3 and 4 of this chapter may provide for exceptions to compensatory mitigation in specific, limited circumstances.
(d) 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.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-6. Compensatory Mitigation

Sec. 6. (a) Except as otherwise specified in subsections (b) and (c), compensatory mitigation shall be provided in accordance with the following table:
Wetland
Replacement
On-site and
Off-site
Class
Class
In-lieu Fee
Ratio
Ratio
Class II
Class II or III
1.5 to 1
2 to 1
Nonforested
Nonforested
2 to 1
2.5 to 1
Forested
Forested
Class III
Class III
2 to 1
2.5 to 1
Nonforested
Nonforested
2.5 to 1
3 to 1
Forested
Forested
(b) The compensatory mitigation ratio shall be lowered to one to one (1:1) if the compensatory mitigation is completed before the initiation of the wetland activity.
(c) A wetland that is created or restored as a water of the United States may be used, as an alternative to the creation or restoration of an isolated wetland, as compensatory mitigation for purposes of this section. The replacement class of a wetland that is a water of the United States shall be determined by applying the characteristics of a Class I, Class II, or Class III wetland, as appropriate, to the replacement wetland as if it were an isolated wetland.
(d) The off-site location of compensatory mitigation must be:
(1) within:
(A) the same eight (8) digit U.S. Geological Service hydrologic unit code; or
(B) the same county;
as the isolated wetlands subject to the authorized wetland activity; or
(2) within a designated service area established in an in lieu fee mitigation program approved by the United States Army Corps of Engineers.
(e) Exempt isolated wetlands may be used to provide compensatory mitigation for wetlands activities in state regulated wetlands. An exempt isolated wetland that is used to provide compensatory mitigation becomes a state regulated wetland.
As added by P.L.282-2003, SEC.38. Amended by P.L.241-2005, SEC.4; P.L.147-2015, SEC.12; P.L.160-2021, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-7. Department Action on Wetland Permits; Forms

Sec. 7. (a) The department shall:
(1) administer the permit programs established by this chapter; and
(2) review and issue decisions on applications for permits to undertake wetland activities in state regulated wetlands in accordance with the rules issued by the board under this chapter.
(b) The department shall make available to the public a form for use in applying for a permit under this chapter.
As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.9; P.L.160-2021, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-8. Department Action on Wetland Permits; Effective Dates of Permits; Amended Permit Application

Sec. 8. (a) Subject to subsection (f), the department shall make a decision to issue or deny an individual permit under section 3 of this chapter not later than ninety (90) days after receipt of the completed application. If the department fails to make a decision on a permit application by the deadline under this subsection or subsection (d), a permit is considered to have been issued by the department in accordance with the application.
(b) A general permit under section 4 of this chapter becomes effective with respect to a proposed wetland activity that is within the scope of the general permit on the thirty-first day after the department receives a notice of intent from the person proposing the wetland activity that the wetland activity be authorized under the general permit.
(c) The department must support a denial under subsection (a) by a written statement of reasons.
(d) The department may notify the applicant that the completed application referred to in subsection (a) is deficient. If the department fails to give notice to the applicant under this subsection not later than fifteen (15) days after the department's receipt of the completed application, the application is considered not to have been deficient. After receipt of a notice under this subsection, the applicant may submit an amended application that corrects the deficiency. The department shall make a decision to issue or deny an individual permit under the amended application within a period that ends a number of days after the date the department receives the amended application equal to the remainder of:
(1) ninety (90) days; minus
(2) the number of days the department held the initial application before giving a notice of deficiency under this subsection.
As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.10; P.L.160-2021, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-9. Designation of Class Iii Wetland as Outstanding State Protected Wetland; Rules; Restrictions on Wetland Owner; Rescission of Designation

Sec. 9. (a) The owner of a Class III wetland may petition the board for designation of the wetland as an outstanding state protected wetland. Upon verification by the board that the wetland is a Class III wetland and that the petitioner is the owner of the wetland, the board shall conduct a proceeding under IC 4-22-2 and IC 13-14 to adopt a rule designating the wetland as an outstanding state protected wetland.
(b) A rule adopted by the board under subsection (a) must specifically identify each wetland to be designated as an outstanding state protected wetland, including:
(1) the wetland type;
(2) a legal description of the wetland as delineated; and
(3) other information considered necessary by the board.
(c) The owner of a Class III wetland designated as an outstanding state protected wetland under this section shall:
(1) not cause or allow any anthropogenic activities on the property on which the wetland is located that may adversely affect or degrade the wetland, except for activities with minimal and short term effect, such as construction of an observation pathway or installation of an underground pipeline that are:
(A) authorized by rules adopted by the board; or
(B) approved by the department in the absence of rules under clause (A); and
(2) provide for the long term assurance of the protections described in subdivision (1) through:
(A) a restrictive covenant that is recorded with respect to the property on which the delineated wetland is located; or
(B) a grant of title to or a conservation easement in the property on which the delineated wetland is located to:
(i) the department of natural resources; or
(ii) a nonprofit entity with demonstrated ability in the maintenance and protection of wetlands.
(d) Notwithstanding the designation of a wetland under this section by the board as an outstanding state protected wetland, the owner of a Class III wetland may petition the board for rescission of the designation if the owner can demonstrate important social or economic needs that warrant adverse effects to the wetland. In its review of the petition, the board shall give great weight to a resolution of the legislative body of the municipality or county in which the Class III wetland is located describing important social or economic needs, the accomplishment of which would necessitate adverse effects to the wetland.
As added by P.L.282-2003, SEC.38.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-10. Department Authority Over Wetlands

Sec. 10. (a) Except as provided in subsection (b), the department has no authority over the:
(1) filling;
(2) draining; or
(3) elimination by other means;
before January 1, 2004, of a wetland that would have been an isolated wetland.
(b) The department has authority over wetland activities in an isolated wetland, including an exempt isolated wetland, that are subject to the provisions of:
(1) a National Pollutant Discharge Elimination System (NPDES) permit issued by the department under 33 U.S.C. 1342;
(2) an agreed order under IC 13-30-3-3, consent order, or consent decree executed by the department and the regulated party;
(3) an order issued under IC 13-30-3-4; or
(4) a judgment of a court enforcing or upholding an enforcement order or decree described in subdivision (2) or (3);
that became effective before January 1, 2004.
As added by P.L.282-2003, SEC.38. Amended by P.L.52-2004, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-11. Applicability of Chapter to Certain Isolated Wetlands

Sec. 11. When land referred to in IC 13-11-2-74.5(a)(7) is no longer subject to United States Department of Agriculture wetland conservation rules:
(1) isolated wetlands located on the land are subject to this chapter; and
(2) any past wetland activities in the isolated wetlands located on the land become subject to this chapter, unless the wetland activities were in compliance with United States Department of Agriculture wetland conservation rules.
As added by P.L.282-2003, SEC.38.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 22. State Regulated Wetlands › 13-18-22-12. Maintenance of a Field Tile in Class Iii Wetland; Application

Sec. 12. (a) A person seeking to engage in maintenance of a field tile within a Class III wetland under section 4(a)(2) of this chapter may apply to the department for a site-specific approval for the activity in accordance with this section and the rules adopted under section 4(c) of this chapter.
(b) An applicant for a site-specific approval under this section must provide information to the department on the need to perform the activity described in subsection (a), including the following:
(1) Information showing the location and area needed to be disturbed within the Class III wetland.
(2) Lack of reasonable alternatives to the disturbance of the area referred to in subdivision (1).
As added by P.L.160-2021, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 23. Department Action on Certification Applications › 13-18-23-1. Deadline for Department Action; Requirements; Waiver

Sec. 1. (a) The department shall do the following:
(1) Make a final determination on an application for a certification under Section 401 of the Clean Water Act not later than ninety (90) days after its receipt of a complete application if the applicant meets the condition set forth in subsection (b).
(2) Include in its notice of the final determination to the applicant a statement of reasons for the final determination.
(b) At least thirty (30) days before submitting an application under this section, an applicant must contact the department to request a pre-coordination meeting.
(c) A failure by the department to make a final determination not later than ninety (90) days after receiving a complete application, if required under subsection (a)(1), constitutes a waiver of the certification.
As added by P.L.282-2003, SEC.39. Amended by P.L.160-2021, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-1. "Over the Counter Drug"

Sec. 1. As used in this chapter, "over the counter drug" means a personal care product that contains a label that:
(1) identifies the product as a drug as required by 21 CFR 201.66; and
(2) includes:
(A) a drug facts panel; or
(B) a statement of active ingredients and a list of the ingredients contained in the personal care product.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-2. "Personal Care Product"

Sec. 2. (a) As used in this chapter, "personal care product" means:
(1) an article intended to be:
(A) rubbed on;
(B) poured on;
(C) sprinkled on;
(D) sprayed on;
(E) introduced into; or
(F) otherwise applied to;
the human body or a part of the human body for purposes of cleansing, beautifying, promoting the attractiveness of, or altering the appearance of the human body or a part of the human body; and
(2) any other article intended for use as a component of an article described in subdivision (1).
(b) The term does not include a prescription drug.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-3. "Plastic"

Sec. 3. As used in this chapter, "plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that may be molded or extruded at high heat into various solid forms that retain the defined shapes of the solid forms:
(1) during the life cycle of; and
(2) after the disposal of;
the solid forms.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-4. "Synthetic Plastic Microbead"

Sec. 4. As used in this chapter, "synthetic plastic microbead" means a solid plastic particle that is:
(1) less than five (5) millimeters in its largest dimension;
(2) not biodegradable; and
(3) intentionally added to a personal care product that:
(A) is used to exfoliate or cleanse; and
(B) subsequently is rinsed off;
the human body or a part of the human body.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-5. Manufacture of Personal Care Products Banned

Sec. 5. After December 31, 2017, a person may not manufacture for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-6. Sale of Personal Care Products Banned

Sec. 6. After December 31, 2018, a person may not accept for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-7. Manufacture of Over the Counter Drugs Banned

Sec. 7. After December 31, 2018, a person may not manufacture for sale an over the counter drug that contains synthetic plastic microbeads.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-8. Sale of Over the Counter Drugs Banned

Sec. 8. After December 31, 2019, a person may not accept for sale an over the counter drug that contains synthetic plastic microbeads.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 24. Prohibition on Certain Products That Contain Microbeads › 13-18-24-9. Violations; Penalties

Sec. 9. A person who violates this chapter commits a Class B infraction. However, the offense is a Class A infraction if the person has a prior unrelated judgment for a violation of this chapter.
As added by P.L.21-2015, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 26. Permit and Permit Application Conditions for Water and Wastewater Treatment Plants › 13-18-26-1. Certificate of Completion Required

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.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 26. Permit and Permit Application Conditions for Water and Wastewater Treatment Plants › 13-18-26-2. Certification That Documents Have Been Prepared

Sec. 2. A permit described in section 1(a) or 1(b) of this chapter may not be issued unless the applicant submits, along with the permit application, a certification that all of the following documents have been prepared and are complete under the requirements of this chapter:
(1) A life cycle cost-benefit analysis, as described in section 3 of this chapter.
(2) A capital asset management plan, as described in section 4 of this chapter.
(3) A cybersecurity plan, as described in section 5 of this chapter.
As added by P.L.126-2018, SEC.6. Amended by P.L.15-2019, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 26. Permit and Permit Application Conditions for Water and Wastewater Treatment Plants › 13-18-26-3. Life Cycle Cost-Benefit Analysis

Sec. 3. A life cycle cost-benefit analysis must include a comparison of the alternatives of:
(1) meeting the water supply or wastewater service needs of the community or area served or proposed to be served through the operation of the water and wastewater treatment plant, as:
(A) owned and operated; or
(B) proposed to be owned and operated;
according to the terms of the permit application; and
(2) meeting the water supply or wastewater service needs of the community or area served or proposed to be served through one (1) or more other potential means.
As added by P.L.126-2018, SEC.6.