reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-7. Unified Reporting and Permitting Authority

Sec. 7. To facilitate the use and coordination of reporting requirements, the commissioner may seek unified reporting and permitting authority from the United States Environmental Protection Agency with respect to federal toxic material, waste management, and pollution control laws and regulations in effect on January 1, 1990, including the following:
(1) The federal Clean Air Act (42 U.S.C. 7401 et seq.).
(2) The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(3) The federal Toxic or Hazardous Substance Control Act (15 U.S.C. 2601 et seq.).
(4) The federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(5) The federal Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.).
[Pre-1996 Recodification Citation: 13-9-2-7.]
As added by P.L.1-1996, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-8. Repealed

[Pre-1996 Recodification Citation: 13-9-2-8.]
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.17. Repealed by P.L.37-2012, SEC.55.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-9. Information Clearinghouse for Pollution Prevention; Purpose; Data

Sec. 9. (a) To:
(1) promote pollution prevention statewide by all industries and companies; and
(2) assist in obtaining information on the progress of multimedia reduction of environmental wastes and related environmental policies and programs;
the commissioner shall establish and operate a state information clearinghouse for pollution prevention.
(b) The commissioner shall use the clearinghouse established under this section to do the following:
(1) Collect and compile the following:
(A) Information from organizations receiving grants under this article.
(B) Information from the published technical literature.
(2) Mount active outreach and educational programs to further the development and adoption of principles and techniques of pollution prevention.
(c) The clearinghouse established under this section must include data on the operation and effectiveness of industry pollution prevention programs. The division shall permit and facilitate free use of this data by businesses, governmental agencies, and the general public. A business may not be required to submit information of a proprietary nature to the clearinghouse or to a governmental program funded under this article.
(d) The division shall provide information for the clearinghouse established under this section.
[Pre-1996 Recodification Citation: 13-9-2-9.]
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-10. Grants; Purpose

Sec. 10. (a) The commissioner may award grants to support and sustain pollution prevention, including clean manufacturing through reductions in the use of toxic materials in production and commerce.
(b) Subject to subsection (a), the commissioner may award grants for any purpose the commissioner considers appropriate, including the following:
(1) Grants to nonprofit organizations to establish free or low cost technical assistance programs.
(2) Grants to assist:
(A) trade associations that represent manufacturers;
(B) business organizations;
(C) labor organizations; and
(D) educational institutions;
in developing training materials and making those training materials available to workers for in-plant use that will foster clean manufacturing.
(3) Grants to assist:
(A) industry;
(B) business organizations;
(C) educational institutions;
(D) labor organizations; and
(E) local units of government;
in establishing programs or materials to train and assist personnel in developing methods to measure and plan for pollution prevention.
(4) Grants to assist industry or business organizations, local units of government, and educational institutions in creating programs to train and certify:
(A) environmental auditors;
(B) engineers; and
(C) industrial hygienists;
to identify, evaluate, and implement pollution prevention measures and alternatives in audits, plans, and programs.
(5) Grants to any organization for generic research and development, pilot tests, and demonstration projects that:
(A) involve commonly used manufacturing processes or materials; and
(B) will produce results that will be of use to manufacturers other than manufacturers that may be involved in the research and development, pilot tests, or demonstration projects.
(c) The commissioner may require that a grantee provide matching money for a grant awarded under this section.
(d) Grant money awarded under this section may not be spent for capital improvements or equipment.
(e) The money for grants awarded under this section must come from money appropriated to the department for the purposes of this section.
[Pre-1996 Recodification Citation: 13-9-2-10.]
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.19; P.L.104-1998, SEC.5; P.L.37-2012, SEC.56.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-11. Pilot Projects

Sec. 11. The division shall sponsor pilot projects to develop and demonstrate innovative techniques for clean manufacturing. The results of pilot projects sponsored under this section shall be made available for use by the public. However, information about a pilot project that is considered proprietary by a manufacturer involved in the pilot project may not be disclosed to the public.
[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.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-12. Education and Training Programs

Sec. 12. The commissioner may provide for the establishment of education and training programs in pollution prevention techniques at schools and universities in Indiana.
[Pre-1996 Recodification Citation: 13-9-2-12.]
As added by P.L.1-1996, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-13. Hearings; Investigations; Advice; Assistance

Sec. 13. The commissioner may:
(1) order all hearings and investigations necessary for the administration of this article; and
(2) advise and assist other governmental units on matters of planning or program administration within the scope of the commissioner's powers, duties, and objectives under this article.
[Pre-1996 Recodification Citation: 13-9-2-13.]
As added by P.L.1-1996, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 2. Division of Pollution Prevention and Technical Assistance › 13-27-2-14. Repealed

[Pre-1996 Recodification Citation: 13-9-2-14.]
As added by P.L.1-1996, SEC.17. Repealed by P.L.124-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 3. Repealed

[Pre-1996 Recodification Citations:
13-27-3-1formerly 13-9-3-113-27-3-2formerly 13-9-3-213-27-3-3formerly 13-9-3-313-27-3-4formerly 13-9-3-413-27-3-5formerly 13-9-3-513-27-3-6formerly 13-9-3-613-27-3-7formerly 13-9-3-7(a) part, (b), (c), (e), (f)13-27-3-8formerly 13-9-3-7(d), (g)13-27-3-9formerly 13-9-3-7(a) part13-27-3-10formerly 13-9-3-813-27-3-11formerly 13-9-3-913-27-3-12formerly 13-9-3-10.]
Repealed by P.L.124-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 4. Repealed

[Pre-1996 Recodification Citations:
13-27-4-1formerly 13-9-4-113-27-4-2formerly 13-9-4-213-27-4-3formerly 13-9-4-313-27-4-4formerly 13-9-4-3.413-27-4-5formerly 13-9-4-413-27-4-6formerly 13-9-4-513-27-4-7formerly 13-9-4-613-27-4-8formerly 13-9-4-713-27-4-9formerly 13-9-4-813-27-4-10formerly 13-9-4-913-27-4-11formerly 13-9-4-1013-27-4-12formerly 13-9-4-1113-27-4-13formerly 13-9-4-1213-27-4-14formerly 13-9-4-1313-27-4-15formerly 13-9-4-1413-27-4-16formerly 13-9-4-15.]
Repealed by P.L.124-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 5. Repealed

[Pre-1996 Recodification Citations:
13-27-5-1formerly13-9-5-113-27-5-2formerly13-9-5-213-27-5-3formerly13-9-5-3.]
Repealed by P.L.124-1997, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 6. Repealed

[Pre-1996 Recodification Citations:
13-27-6-1formerly 13-9-6-113-27-6-2formerly 13-9-6-213-27-6-3formerly 13-9-6-3.]
Repealed by P.L.130-2018, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 7. Implementation of Pollution Prevention Programs › 13-27-7-1. Voluntary Participation in Programs

Sec. 1. Programs developed under this article are to be implemented based on voluntary participation by businesses. Except as required in rules referred to in IC 13-27-8-3(b)(5), businesses may not be required to comply with any program developed under this article.
[Pre-1996 Recodification Citation: 13-9-7-1.]
As added by P.L.1-1996, SEC.17. Amended by P.L.100-2006, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 7. Implementation of Pollution Prevention Programs › 13-27-7-2. Binding Effect of Program Implementing Documents, Manuals, and Policies; Prohibited Activities; Duties

Sec. 2. (a) Guidance documents, technical assistance manuals, and policies developed or used in implementing programs under this article are not binding on participating businesses.
(b) Subject to subsection (e), the board or the department may not do the following:
(1) Subject to IC 13-14-1-11.5, incorporate documents, manuals, or policies developed under this article into rules adopted under IC 4-22-2.
(2) Adopt rules under IC 4-22-2 requiring business implementation of pollution prevention practices or of clean manufacturing by means of any of the following:
(A) Permit conditions.
(B) Enforcement actions.
(C) Other department actions.
(c) Subsection (b) only applies to pollution prevention as defined in this title.
(d) Subsection (b) does not apply to authority granted under federal law to implement pollution prevention as defined under any of the following:
(1) Federally delegated air, water, solid waste, and other programs.
(2) Guidance documents developed to implement programs described in subdivision (1).
(3) Programs established under IC 13-20-3, IC 13-20-22, or IC 13-21.
(e) The department shall present pollution prevention as an option to businesses in any of the following:
(1) Permit conditions.
(2) Enforcement actions.
(3) Other department actions.
[Pre-1996 Recodification Citation: 13-9-7-2.]
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.21; P.L.261-1999, SEC.3; P.L.37-2012, SEC.58; P.L.113-2014, SEC.84.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 7. Implementation of Pollution Prevention Programs › 13-27-7-3. Goals of Programs

Sec. 3. Programs implemented by the division:
(1) must encourage pollution prevention; and
(2) may not discourage the use of recycling or treatment techniques determined to be acceptable for pollution that has not been prevented.
[Pre-1996 Recodification Citation: 13-9-7-3.]
As added by P.L.1-1996, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 8. Environmental Performance Based Programs › 13-27-8-1. Department Development of Environmental Performance Based Programs

Sec. 1. The department:
(1) may, to encourage continuous and sustainable environmental progress through the development and use of an environmental management system, develop and implement an environmental performance based program that:
(A) is consistent with the policies of this article; and
(B) is based on the national environmental performance track program developed by the United States Environmental Protection Agency; and
(2) may develop and implement other environmental performance based programs, including programs that promote any of the following:
(A) Pollution prevention.
(B) Waste minimization.
(C) Environmental management systems.
(D) Advanced environmental compliance.
As added by P.L.100-2006, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 27. Industrial Pollution Prevention and Safe Materials › Chapter 8. Environmental Performance Based Programs › 13-27-8-3. Program Rulemaking by the Boards

Sec. 3. (a) The following boards may adopt rules to implement this chapter to the extent consistent with federal law:
(1) The board.
(2) The petroleum storage tank financial assurance board established by IC 13-23-11-1.
(b) The rules adopted under subsection (a) may establish the following:
(1) Eligibility requirements for participation in environmental performance based programs.
(2) Compliance methods and schedules that:
(A) differ from compliance methods and schedules that apply to nonparticipants in environmental performance based programs under rules adopted by the boards;
(B) apply only to participants in environmental performance based programs; and
(C) include any of the following:
(i) Changes to monitoring and reporting requirements and schedules.
(ii) Streamlined submission requirements for permit renewals.
(iii) Prioritized applications.
(iv) Authorization to make without prior governmental approval certain operational changes that do not result in additional environmental impact.
(3) Recognition incentives to encourage participation in environmental performance based programs.
(4) Other incentives consistent with the policies of this title and federal law to encourage participation in environmental performance based programs.
(5) Requirements for participants in environmental performance based programs to implement any of the following:
(A) Continuous improvement environmental systems.
(B) Pollution prevention and waste minimization programs developed under IC 13-27-7.
As added by P.L.100-2006, SEC.12. Amended by P.L.133-2012, SEC.155; P.L.176-2023, SEC.66.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 1. Office of Voluntary Compliance › 13-28-1-1. Establishment

Sec. 1. An office of voluntary compliance is established within the department.
[Pre-1996 Recodification Citation: 13-10-1-1.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 1. Office of Voluntary Compliance › 13-28-1-2. Purpose

Sec. 2. The purpose of the office is the following:
(1) To assist regulated entities in achieving regulatory compliance.
(2) To promote cooperation between the department and regulated entities.
[Pre-1996 Recodification Citation: 13-10-1-3.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 1. Office of Voluntary Compliance › 13-28-1-3. Rules

Sec. 3. The board may adopt rules under IC 4-22-2 and IC 13-14-9 as required to implement the compliance program described in this article.
[Pre-1996 Recodification Citation: 13-10-1-4.]
As added by P.L.1-1996, SEC.18. Amended by P.L.133-2012, SEC.156.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 2. Voluntary Compliance Fund › 13-28-2-1. Establishment; Purposes

Sec. 1. The voluntary compliance fund is established for the purpose of providing money for the following:
(1) Starting, operating, and staffing the office of voluntary compliance established by IC 13-28-1-1.
(2) Costs of voluntary compliance programs established under this article.
[Pre-1996 Recodification Citation: 13-10-1-5(a) part.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 2. Voluntary Compliance Fund › 13-28-2-2. Administration

Sec. 2. (a) The treasurer of state shall administer the fund.
(b) Expenses of administering the fund shall be paid from money in the fund.
[Pre-1996 Recodification Citation: 13-10-1-5(a) part, (b) part.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 2. Voluntary Compliance Fund › 13-28-2-3. Contents of Fund

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.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 2. Voluntary Compliance Fund › 13-28-2-4. Investments

Sec. 4. (a) 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 earned from these investments shall be credited to the fund.
(b) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1996 Recodification Citation: 13-10-1-5(c), (d).]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 2. Voluntary Compliance Fund › 13-28-2-5. Appropriations

Sec. 5. Money in the fund is appropriated to the department to carry out the purposes specified in section 1 of this chapter. Money appropriated under this section is not subject to allotment by the budget agency.
[Pre-1996 Recodification Citation: 13-10-1-5(e).]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 3. Technical and Compliance Assistance Program › 13-28-3-1. Establishment

Sec. 1. The department shall establish a technical and compliance assistance program.
[Pre-1996 Recodification Citation: 13-10-2-1.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 3. Technical and Compliance Assistance Program › 13-28-3-2. Purposes of Program

Sec. 2. (a) The assistance program established under this chapter shall do the following:
(1) Designate an individual to serve as a liaison and ombudsman to the regulated community to assist the regulated community with specific regulatory or permit matters pending with the department.
(2) Provide assistance to new and existing businesses and small municipalities in identifying:
(A) applicable environmental rules and regulations; and
(B) permit requirements;
that apply to new and existing businesses and small municipalities.
(3) Develop and distribute educational materials regarding:
(A) environmental requirements;
(B) compliance methods;
(C) voluntary environmental audits;
(D) pollution control technologies; and
(E) other compliance issues;
including standardized forms and procedures for completing permit applications.
(4) Provide public outreach and training sessions in cooperation with representatives of the business and municipal communities regarding existing and future state and federal environmental requirements.
(5) Develop and operate a clearinghouse to respond to inquiries from businesses and municipalities concerning applicable environmental rules, regulations, and requirements.
(6) Provide technical assistance concerning pollution control techniques to local and state governmental entities and businesses and distribute educational materials regarding pollution prevention developed by the pollution prevention division established by IC 13-27-2-1.
(7) Provide administrative and technical support for the compliance advisory panel established by IC 13-13-7.1-1.
(8) Conduct other activities as required to:
(A) improve regulatory compliance; and
(B) promote cooperation and assistance in meeting environmental requirements.
(b) The assistance program may establish limited onsite assistance to provide compliance information to a small business or small municipality, subject to the confidentiality provisions of section 4 of this chapter. The assistance program may use money from the environmental management special fund to implement this subsection. The assistance program may limit the number of inspections per year and restrict onsite assistance to specific programs.
[Pre-1996 Recodification Citation: 13-10-2-2.]
As added by P.L.1-1996, SEC.18. Amended by P.L.12-2005, SEC.5; P.L.53-2014, SEC.128.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 3. Technical and Compliance Assistance Program › 13-28-3-3. Repealed

[Pre-1996 Recodification Citation: 13-10-2-3.]
As added by P.L.1-1996, SEC.18. Amended by P.L.53-2014, SEC.129. Repealed by P.L.130-2018, SEC.73.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 3. Technical and Compliance Assistance Program › 13-28-3-4. Confidential Information

Sec. 4. Inquiries made to the program and activities and documents of the program that identify or describe an individual facility or operation are confidential, unless a clear and immediate danger to the public health or environment exists. Information concerning inquiries, activities, and documents of the program that identify or describe an individual facility or operation may not be made available for use by other divisions of the department without the consent of the person who:
(1) made the inquiry;
(2) participated in the activity; or
(3) provided the document.
[Pre-1996 Recodification Citation: 13-10-2-4.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 3. Technical and Compliance Assistance Program › 13-28-3-5. Contracts to Provide Services

Sec. 5. The department may contract with another entity to provide some or all of the services required by this chapter.
[Pre-1996 Recodification Citation: 13-10-2-5.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 3. Technical and Compliance Assistance Program › 13-28-3-6. 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.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-1. Reports Privileged

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.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-2. Reports Not Privileged; Civil or Administrative Actions

Sec. 2. (a) In a civil or an administrative proceeding, a court of record, after an in camera review, shall require disclosure of material for which the privilege described in section 1 of this chapter is asserted if the court determines that both subdivisions (1) and (2) apply:
(1) The environmental audit report was first issued after July 1, 1994.
(2) One (1) of the following applies:
(A) The privilege is asserted for a fraudulent purpose.
(B) The material is not subject to the privilege.
(C) The material is subject to the privilege and the material shows evidence of noncompliance with:
(i) this title or a rule or standard adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2;
(ii) a determination, a permit, or an order issued by the commissioner under this title; or
(iii) the federal, regional, or local counterpart of item (i) or (ii);
and the person claiming the privilege did not promptly initiate and pursue appropriate efforts to achieve compliance with reasonable diligence.
(b) If the noncompliance described in subsection (a)(2)(C) constitutes a failure to obtain a required permit, the person is considered to have made appropriate efforts to achieve compliance if the person filed an application for the required permit not later than ninety (90) days after the date the person became aware of the noncompliance.
[Pre-1996 Recodification Citation: 13-10-3-4.]
As added by P.L.1-1996, SEC.18. Amended by P.L.113-2014, SEC.85.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-3. Repealed

[Pre-1996 Recodification Citation: 13-10-3-5.]
As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-4. Burden of Proof Regarding Privilege

Sec. 4. (a) A party asserting the privilege described in section 1 of this chapter has the burden of proving that the party may exercise the privilege.
(b) A party asserting the privilege described in section 1 of this chapter has the burden of establishing evidence that the person made appropriate efforts to achieve compliance as described in section 2(b) of this chapter if the evidence indicates that the person was in noncompliance as described in section 2(a)(2)(C) of this chapter.
(c) A party seeking disclosure of material in an environmental audit report under section 2(a)(2)(A) of this chapter has the burden of proving that the privilege is being asserted for a fraudulent purpose.
[Pre-1996 Recodification Citation: 13-10-3-6.]
As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-5. Repealed

[Pre-1996 Recodification Citation: 13-10-3-7.]
As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-6. Disclosure Limited to Relevant Portions of Reports

Sec. 6. Upon making a determination under section 2 of this chapter, the court may compel the disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding.
[Pre-1996 Recodification Citation: 13-10-3-8.]
As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-7. Waiver of Privilege

Sec. 7. (a) Subject to subsections (b) and (c), the privilege described in section 1 of this chapter does not apply to the extent that the privilege is waived:
(1) expressly; or
(2) by implication;
by the owner or operator who prepared the environmental report or caused the report to be prepared.
(b) A party that submits an environmental audit report to the department waives any privilege to which the party would otherwise be entitled under this chapter. If the department determines under IC 5-14-3-4(a) that part of an environmental audit report is excepted from IC 5-14-3-3, then that part of the environmental audit report may not be disclosed by a public agency unless access to the report is required by a state or federal statute or is ordered by a court as provided under IC 5-14-3-4(a).
(c) When the department or a prosecuting attorney obtains, reviews, or uses an environmental audit report in a criminal proceeding, the administrative or civil evidentiary privilege created by this chapter is not waived or eliminated for any other purpose.
[Pre-1996 Recodification Citation: 13-10-3-9.]
As added by P.L.1-1996, SEC.18. Amended by P.L.224-1999, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-8. Stipulations Regarding Privilege

Sec. 8. The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under section 1 of this chapter.
[Pre-1996 Recodification Citation: 13-10-3-10.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-9. Applicability of Privilege

Sec. 9. (a) The privilege described in section 1 of this chapter does not apply to the following:
(1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under:
(A) this title;
(B) a rule or standard adopted under this title;
(C) a determination, a permit, or an order made or issued by the commissioner under this title; or
(D) any other federal, state, or local law, permit, or order.
(2) Information obtained by observation, sampling, or monitoring by any regulatory agency.
(3) Information obtained from a source independent of the environmental audit.
(b) This section does not allow the regulatory agency to adopt a rule or a permit condition for the purpose of circumventing the privilege established in this chapter by requiring disclosure of a report of a voluntarily conducted audit.
[Pre-1996 Recodification Citation: 13-10-3-11.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-10. Effect on Other Privileges

Sec. 10. This chapter does not limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including the following:
(1) The work product doctrine.
(2) The attorney client privilege.
[Pre-1996 Recodification Citation: 13-10-3-12.]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 4. Voluntary Environmental Audits › 13-28-4-11. Statistics on Use of Reports; Enforcement Policy

Sec. 11. (a) The department shall maintain statistics on the use of environmental audit reports in department compliance and enforcement activities, including statistics on:
(1) the number of times the reports are disclosed to the department;
(2) the number and types of violations disclosed to the department through the reports;
(3) the civil penalties collected for the violations; and
(4) the time necessary for the violations to be corrected.
The department shall report annually to the interim study committee on environmental affairs established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 on the use of environmental audit reports.
(b) The department shall propose an enforcement policy, pursuant to IC 13-14-1-11.5, that provides relief from civil penalties for a voluntary disclosure that results from an internal environmental audit. In developing this enforcement policy, the department shall consider similar policies implemented by:
(1) the United States Environmental Protection Agency; and
(2) states contiguous to Indiana.
As added by P.L.224-1999, SEC.16. Amended by P.L.53-2014, SEC.130; P.L.130-2018, SEC.74.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 5. Small Business Stationary Source Technical Assistance Program › 13-28-5-1. Establishment

Sec. 1. The department shall establish a small business stationary source technical assistance program as required under Section 507 of the federal Clean Air Act (42 U.S.C. 7661f).
[Pre-1996 Recodification Citation: 13-10-4-3(a).]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 5. Small Business Stationary Source Technical Assistance Program › 13-28-5-2. Required Provisions of Program

Sec. 2. The program must provide the following:
(1) Education, training, and information on permit and compliance requirements of the federal Clean Air Act (42 U.S.C. 7401 et seq.).
(2) Standardized forms and procedures for completing permit applications.
(3) An ombudsman for small businesses.
[Pre-1996 Recodification Citation: 13-10-4-3(b).]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 5. Small Business Stationary Source Technical Assistance Program › 13-28-5-3. Assistance by Ombudsman

Sec. 3. The ombudsman described in section 2 of this chapter shall assist as necessary each small business that applies for assistance with the following:
(1) Specific regulatory matters pending before the department.
(2) Permit applications.
[Pre-1996 Recodification Citation: 13-10-4-3(c).]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 28. Technical Assistance and Voluntary Compliance › Chapter 5. Small Business Stationary Source Technical Assistance Program › 13-28-5-4. Technical and Environmental Compliance Assistance Program as Part of Technical and Compliance Assistance Program

Sec. 4. The department may establish the technical and environmental compliance assistance program required by this chapter as part of the technical and compliance assistance program established under IC 13-28-3.
[Pre-1996 Recodification Citation: 13-10-4-3(d).]
As added by P.L.1-1996, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 1. Midwest Interstate Compact on Low-Level Radioactive Waste › 13-29-1-4. Regional Management Plan

Sec. 4.
ARTICLE IV. REGIONAL DISPOSAL PLAN
The Commission shall adopt and periodically update a regional disposal plan designed to ensure the safe and efficient disposal of waste generated within the region. In adopting a regional waste disposal plan, the Commission shall do all of the following:
a. Adopt procedures for determining, consistent with considerations for public health and safety, the type and number of compact facilities which are presently necessary and which are projected to be necessary to dispose of waste generated within the region.
b. Develop and adopt procedures and criteria for identifying a party state as a host state for a compact facility. In developing these criteria, the Commission shall consider all of the following:
1. The health, safety, and welfare of the citizens of the party states.
2. The existence of compact facilities within each party state.
3. The minimization of waste transportation.
4. The volumes and types of wastes projected to be generated within each party state.
5. The environmental impacts on the air, land and water resources of the party states.
6. The economic impacts on the party states.
c. Conduct such hearings, and obtain such reports, studies, evidence and testimony required by its approved procedures prior to identifying a party state as a host state for a needed compact facility.
d. Prepare a draft disposal plan and any update thereof, including procedures, criteria, and host states, which shall be made available in a convenient form to the public for comment. Upon the request of a party state, the Commission shall conduct a public hearing in that state prior to the adoption or update of the disposal plan. The disposal plan and any update thereof shall include the Commission's response to public and party state comment.
[Pre-1996 Recodification Citation: 13-5-9-4.]
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 1. Midwest Interstate Compact on Low-Level Radioactive Waste › 13-29-1-9. Penalties and Enforcement

Sec. 9.
ARTICLE IX. PENALTIES AND ENFORCEMENT
a. Each party state shall prescribe and enforce penalties against any person who is not an official of another state for violation of any provision of this compact.
b. The parties to this compact intend that the courts of the United States shall specifically enforce the obligations, including the obligations of party states and revoked or withdrawn party states, established by this compact.
c. The Commission, an affected party state, or both may obtain injunctive relief, recover damages, or both to prevent or remedy violations of this compact.
d. Each party state acknowledges that the transport into a host state of waste packaged or transported in violation of applicable laws, rules, and regulations may result in the imposition of sanctions by the host state which may include reasonable financial penalties assessed against any generator, transporter, or collector responsible for the violation, or suspension or revocation of access to the compact facility in the host state by any generator, transporter, or collector responsible for the violation.
e. Each party state has the right to seek legal recourse against any party state which acts in violation of this compact.
f. This compact shall not be construed to create any cause of action for any person other than a party state or the Commission. Nothing in Article IX(f) of this compact shall limit the right of judicial review set forth in Article III(n)(3) of this compact or the rights of contribution set forth in Articles III(p), VI(o), VI(s), and VII(g) of this compact.
[Pre-1996 Recodification Citation: 13-5-9-9.]
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 1. Midwest Interstate Compact on Low-Level Radioactive Waste › 13-29-1-10. Severability and Construction

Sec. 10.
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable and if any provision of this compact is finally determined by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the application thereof to any person or circumstance is held invalid, the validity of the remainder of this compact to that person or circumstance and the applicability of the entire compact to any other person or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. If any provision of this compact imposing a financial obligation upon a party state, or a state that has withdrawn from this compact or had its membership in this compact revoked, is finally determined by a court of competent jurisdiction to be unenforceable due to the state's constitutional limitations on its ability to pay the obligation, then that state shall use its best efforts to obtain an appropriation to pay the obligation, and, if the state is a party state, its right to have waste generated within its borders disposed of at compact facilities, or any noncompact facility made available to the region by any agreement entered into by the Commission pursuant to Article III(h)(6) of this compact, shall be suspended until the appropriation is obtained.
[Pre-1996 Recodification Citation: 13-5-9-10.]
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 1. Midwest Interstate Compact on Low-Level Radioactive Waste › 13-29-1-11. Commission Members; Appointment; Tenure

Sec. 11. (a) The governor shall appoint a person to serve as the Commission member representing Indiana. The Commission member appointed by the governor serves a four (4) year term, at the pleasure of the governor.
(b) If the Commission member representing the state of Indiana:
(1) dies;
(2) resigns; or
(3) is removed from office;
before the expiration of the member's term, the governor shall appoint a new Commission member to serve the remainder of the unexpired term.
(c) The governor may appoint an alternate to act on behalf of the Commission member when the Commission member is absent.
[Pre-1996 Recodification Citation: 13-5-9-11.]
As added by P.L.1-1996, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 1. Midwest Interstate Compact on Low-Level Radioactive Waste › 13-29-1-12. Commission Members; per Diems and Expenses

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.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 1. Midwest Interstate Compact on Low-Level Radioactive Waste › 13-29-1-13. Rules

Sec. 13. The board shall adopt under IC 4-22-2 and IC 13-14-9 the rules necessary to implement this chapter.
[Pre-1996 Recodification Citation: 13-5-9-13.]
As added by P.L.1-1996, SEC.19. Amended by P.L.133-2012, SEC.157.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 1. Midwest Interstate Compact on Low-Level Radioactive Waste › 13-29-1-14. Violations; Offenses; Penalties

Sec. 14. A person who knowingly or intentionally commits any of the violations listed in section 3(o) of this chapter commits a Level 6 felony. However, notwithstanding IC 35-50-2-7(a), a person who is convicted of a Level 6 felony under this section may, in addition to the term of imprisonment established under IC 35-50-2-7(a), be fined not more than fifty thousand dollars ($50,000) for each day of violation.
[Pre-1996 Recodification Citation: 13-5-9-14.]
As added by P.L.1-1996, SEC.19. Amended by P.L.131-1996, SEC.12; P.L.158-2013, SEC.195.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 1.1. Fees › 13-29-1.1-2. Assessment of Fee

Sec. 2. Only the midwest interstate low-level radioactive waste commission or the host state (as defined in IC 13-11-2-103) may assess a fee allowed under IC 13-29-1.
As added by P.L.131-1996, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 2. Ohio River Valley Water Sanitation Compact › 13-29-2-2. "Commission" Defined

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.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 2. Ohio River Valley Water Sanitation Compact › 13-29-2-3. "Commissioner" Defined

Sec. 3. "Commissioner", for purposes of sections 5 through 7 of this chapter, means a member of 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.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 2. Ohio River Valley Water Sanitation Compact › 13-29-2-4. "Compact" Defined

Sec. 4. "Compact", for purposes of sections 5 through 7 of this chapter, refers to the Ohio River Valley Water Sanitation Compact.
[1996 Recodification Citation: New.]
As added by P.L.1-1996, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 29. Interstate Compacts › Chapter 2. Ohio River Valley Water Sanitation Compact › 13-29-2-5. Commissioners

Sec. 5. (a) In pursuance of Article 4 of the Ohio River Valley Water Sanitation Compact, there are three (3) members of the Ohio River Valley Water Sanitation Commission from Indiana.
(b) The governor shall appoint two (2) commissioners, each of whom must be a resident and citizen of Indiana. The term of one (1) of the two (2) commissioners first appointed is three (3) years and the term of the other commissioner is six (6) years. The successors shall be appointed by the governor for terms of six (6) years each. Each commissioner holds office until a successor is appointed and qualified. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled by appointment by the governor for the unexpired term.
(c) The third commissioner from Indiana is the commissioner of the department of environmental management ex officio. The term of the ex officio commissioner terminates at the time the individual ceases to hold the office of commissioner of the department of environmental management, and the commissioner's successors as a commissioner are the commissioner's successors as the commissioner of the department of environmental management.
(d) With the exception of the issuance of any order under Article 9 of the compact, the ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in the commissioner's department or office the power to be present and participate, including voting, as the commissioner's representative or substitute at any meeting of or hearing by or other proceeding of the commission.
(e) The terms of each of the initial three (3) members begin at the date of the appointment of the two (2) appointive commissioners if the compact has gone into effect in accordance with Article 11 of the compact. If the compact has not gone into effect, the terms begin upon the date upon which the compact becomes effective in accordance with Article 11 of the compact.
(f) The governor may remove a commissioner from office upon charges and after a hearing but the commissioner shall be given the opportunity to be heard.
[Pre-1996 Recodification Citation: 13-5-5-2 part.]
As added by P.L.1-1996, SEC.19.