reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 26. Permit and Permit Application Conditions for Water and Wastewater Treatment Plants › 13-18-26-4. Capital Asset Management Plan

Sec. 4. A capital asset management plan must include all of the following:
(1) A plan to annually review infrastructure needs of the water or wastewater treatment plant.
(2) A detailed engineering analysis of asset conditions and useful life, to be used to develop an infrastructure inspection, repair, and maintenance plan.
(3) An analysis of customer rates necessary to support the capital asset management plan, including emergency repairs.
(4) A certification that the water or wastewater treatment plant has:
(A) a certified operator;
(B) a corporate officer or system manager; and
(C) access to an engineer, either on staff or by contract.
As added by P.L.126-2018, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 26. Permit and Permit Application Conditions for Water and Wastewater Treatment Plants › 13-18-26-5. Cybersecurity Plan

Sec. 5. A cybersecurity plan must provide for the protection of the water or wastewater treatment plant from unauthorized use, alteration, or destruction of electronic data.
As added by P.L.126-2018, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 26. Permit and Permit Application Conditions for Water and Wastewater Treatment Plants › 13-18-26-6. Completion, Periodic Revision, and Public Disclosure of Analysis and Plans

Sec. 6. (a) The analyses and plans described in sections 3, 4, and 5 of this chapter must be:
(1) complete under the requirements of this chapter at the time an application for a permit described in section 1(a) or 1(b) of this chapter is submitted;
(2) reviewed and revised at least once every five (5) years, for as long as the permit holder operates the water treatment plant or wastewater treatment plant; and
(3) except for customer specific data, including information excluded from public access under IC 5-14-3-4(a), or for a cybersecurity plan required under section 5 of this chapter, made publicly available.
(b) A certification that the analyses and plans described in sections 3, 4, and 5 of this chapter are complete under the requirements of this chapter must be submitted to the department:
(1) under section 2 of this chapter at the time an application for a permit described in section 1(a) or 1(b) of this chapter is submitted; and
(2) at least once every five (5) years after an application for a permit described in section 1(a) or 1(b) of this chapter is submitted, when the analysis and plans are reviewed and revised.
(c) A certification submitted to the department under this chapter must be notarized.
As added by P.L.126-2018, SEC.6. Amended by P.L.15-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 26. Permit and Permit Application Conditions for Water and Wastewater Treatment Plants › 13-18-26-7. Denial of Permit Application for Failure to Include Notarized Certification

Sec. 7. Failure to include a notarized certification with an application for a permit described in section 1(a) or 1(b) of this chapter constitutes grounds for denial of the permit application.
As added by P.L.126-2018, SEC.6. Amended by P.L.15-2019, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-1. "327 Iac 15-5"

Sec. 1. As used in this chapter, "327 IAC 15-5" refers to the administrative rule of the environmental rules board in effect on March 25, 2019, concerning storm water runoff associated with construction activity.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-3. "Construction Plan"

Sec. 3. As used in this chapter, "construction plan" means a written plan that:
(1) presents information about a construction project and activities associated with the construction project;
(2) includes a storm water pollution prevention plan that outlines how erosion and sedimentation will be controlled on the site of the construction project; and
(3) must be submitted to a review authority as a condition of proceeding with the construction project under the general permit rule program established under 327 IAC 15-5 or the general permit.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-4. "Erosion"

Sec. 4. As used in this chapter, "erosion" means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-5. "Erosion and Sediment Control Measure"

Sec. 5. As used in this chapter, "erosion and sediment control measure" means a practice, or a combination of practices, to control erosion and resulting sedimentation associated with construction activity.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-6. "General Permit"

Sec. 6. As used in this chapter, "general permit" refers to the general permit issued by the commissioner or the department in accordance with 40 CFR 122.26 to establish erosion and sediment control requirements for construction sites.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-7. "Large Construction Activity Site"

Sec. 7. As used in this chapter, "large construction activity site" means:
(1) a site at which construction activities result in land disturbance of at least five (5) acres; or
(2) a site:
(A) at which construction activities result in land disturbance of more than one (1) but less than five (5) acres; but
(B) that is part of a larger common plan of development or sale in which construction activities will ultimately result in land disturbance of more than five (5) acres.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-8. "Ms4 Community"

Sec. 8. As used in this chapter, "MS4 community" means a county, city, or town that:
(1) owns, operates, or maintains a regulated municipal separate storm sewer system (MS4); and
(2) administers a program under which construction plans relating to construction projects in locations within the boundaries of the MS4 community are reviewed and given a favorable or unfavorable determination.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-9. "Project Site Owner"

Sec. 9. As used in this chapter, "project site owner" means the person required to comply with 327 IAC 15-5, the general permit, or the applicable ordinance of an MS4 community with respect to a construction project. The term includes the following:
(1) A developer.
(2) A person who has financial and operational control of construction activities and construction project plans and specifications, including the ability to make modifications to those plans and specifications.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-10. "Review Authority"

Sec. 10. As used in this chapter, "review authority" means either of the following:
(1) A soil and water conservation district or another entity designated by the department.
(2) An MS4 community, in the case of a construction project in a location within the boundaries of the MS4 community.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-11. "Sedimentation"

Sec. 11. As used in this chapter, "sedimentation" means the settling and accumulation of unconsolidated sediment carried by storm water runoff.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-12. "Small Construction Activity Site"

Sec. 12. As used in this chapter, "small construction activity site" means:
(1) a site at which construction activities result in land disturbance of at least one (1) but less than five (5) acres; or
(2) a site:
(A) at which construction activities result in land disturbance of less than one (1) acre; but
(B) that is part of a larger common plan of development or sale in which construction activities will ultimately result in land disturbance of at least one (1) but less than five (5) acres.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-13. "Trained Individual"

Sec. 13. As used in this chapter, "trained individual" means an individual who is trained and experienced in the principles of storm water management, including erosion and sediment control, as demonstrated by:
(1) the completion of course work;
(2) state registration;
(3) professional certification; or
(4) annual training;
that enables the individual to make judgments concerning storm water management, storm water treatment, and storm water monitoring.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-14. "Very Small Construction Activity Site"

Sec. 14. As used in this chapter, "very small construction activity site" means a site at which construction activities result in land disturbance of less than one (1) acre.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-15. Restriction on Ms4 Community's Erosion and Sediment Control Measures

Sec. 15. (a) Except as provided in subsection (b), an MS4 community may not require erosion and sediment control measures that are more stringent than the erosion and sediment control measures required by 327 IAC 15-5 or the general permit.
(b) An MS4 community may require erosion and sediment control measures at a very small construction activity site even if requiring erosion and sediment control measures at a very small construction activity site is not required by 327 IAC 15-5 or by the general permit. However:
(1) the erosion and sediment control measures required by an MS4 community at a very small construction activity site may not be more stringent than the erosion and sediment control measures required by 327 IAC 15-5 or by the general permit at a small construction activity site; and
(2) the review authority to which a construction plan for a very small construction activity site is submitted is subject to the time limit set forth in section 16 of this chapter for notifying the project site owner of the review authority's preliminary determination concerning the construction plan.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-17. Trained Individual to Make or Supervise Making of Determination Concerning Construction Plan

Sec. 17. (a) This section does not apply to an individual employed on July 1, 2019, to review and make conclusive determinations concerning construction plans submitted to an MS4 community.
(b) An individual who reviews and makes a conclusive determination concerning a construction plan submitted to an MS4 community must be:
(1) a trained individual; or
(2) an individual working under the direct supervision of a trained individual.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-18. Limitation on Authority of Ms4 Community to Order Construction Project to Stop

Sec. 18. (a) If:
(1) an MS4 community has made a conclusive favorable determination concerning a construction plan; and
(2) work on the construction project has begun;
the MS4 community may not order work on the construction project to stop on the grounds that the erosion and sediment control measures included in the construction plan are not adequate unless the project site owner is notified in writing of the inadequacies that the MS4 community perceives in the erosion and sediment control measures and the perceived inadequacies are not resolved within seventy-two (72) hours after the project site owner receives the written notice.
(b) This section does not prohibit an MS4 community from ordering work on a construction project to stop if the project site owner is creating a public health hazard or a safety hazard.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 27. Erosion and Sediment Control in Construction Projects › 13-18-27-19. General Permit Must Be Consistent With This Chapter

Sec. 19. The general permit, to the extent allowed under federal law, must recognize and be consistent with the provisions of this chapter, including:
(1) the prohibition in section 15 of this chapter against an MS4 community imposing erosion and sediment control measures on a construction project within the boundaries of the MS4 community that are more stringent than the erosion and sediment control measures established by the general permit;
(2) the provisions of section 16 of this chapter under which a project site owner may begin a construction project:
(A) if the review authority, under section 16(b) of this chapter, makes and notifies the project site owner of its preliminary determination that the construction plan is substantially complete; or
(B) if the review authority does not make a preliminary determination whether the construction plan is substantially complete within the period allowed by section 16(c) of this chapter;
(3) the qualifications established by section 17 of this chapter for an individual who reviews and makes a conclusive determination concerning a construction plan submitted to an MS4 community; and
(4) the limitation in section 18 of this chapter on the authority of an MS4 community to order the stoppage of work on a construction project after the MS4 community has made a conclusive favorable determination concerning the construction plan for the construction project.
As added by P.L.248-2019, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 1. Purpose, Policy, and Goal of Statute › 13-19-1-1. Policy

Sec. 1. The policy of the state is that:
(1) source reduction;
(2) recycling; and
(3) other solid waste management alternatives;
are preferred over incineration and landfill disposal as solid waste management methods.
[Pre-1996 Recodification Citation: 13-7-1-1(b).]
As added by P.L.1-1996, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 1. Purpose, Policy, and Goal of Statute › 13-19-1-2. State Goal of Encouraging Source Reduction and Recycling; Annual Report on the Environment; Rules on Legitimate Use of Waste

Sec. 2. (a) The goal of the state is to encourage solid waste source reduction, recycling, and other alternatives to conserve environmental resources.
(b) The department shall:
(1) produce an annual report on the state of the environment; and
(2) develop proposed rules that:
(A) provide for the legitimate use of solid and hazardous waste instead of its disposal; and
(B) provide that a material being legitimately used is not considered a solid or hazardous waste.
(c) To become effective, any proposed rules developed under subsection (b)(2) must be adopted by the board under IC 13-19-3-1.
[Pre-1996 Recodification Citation: 13-7-1-1(c).]
As added by P.L.1-1996, SEC.9. Amended by P.L.37-2012, SEC.25; P.L.97-2016, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 1. Purpose, Policy, and Goal of Statute › 13-19-1-3. Differential Treatment; Injunctive Relief

Sec. 3. (a) The state may not impose differential treatment against solid waste involved in interstate commerce unless:
(1) authorized by federal law;
(2) differential treatment of solid waste in interstate commerce equalizes financial, regulatory, or enforcement burdens among:
(A) persons engaged in or benefitting from the interstate commerce; or
(B) any other group of persons; or
(3) the differential treatment serves a legitimate state purpose that could not be served as well by reasonably available means that did not impose differential treatment.
(b) A court may enjoin a violation of this section but may not award monetary damages or attorney's fees against any of the following:
(1) The state.
(2) A state agency.
(3) An officer or employee of the state.
[Pre-1996 Recodification Citation: 13-7-1-1(d).]
As added by P.L.1-1996, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 2. Repealed

[Pre-1996 Recodification Citations:
13-19-2-1formerly13-1-12-6(a)13-19-2-2formerly13-1-12-6(b) part13-19-2-3formerly13-1-12-6(c) part13-19-2-4formerly13-1-12-6(b) part13-19-2-5formerly13-1-12-6(c) part13-19-2-6formerly13-1-12-6(c) part13-19-2-7formerly13-1-12-7(a) part, (b) part13-19-2-8formerly13-1-12-7(b) part13-19-2-9formerly13-1-12-7(a) part13-19-2-10formerly13-1-12-7(b) part13-19-2-11formerly13-1-12-7(c).]
Repealed by P.L.133-2012, SEC.131.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-1. Board to Adopt Rules Regulating Solid and Hazardous Waste and Atomic Radiation; Federal Waste Exemptions and Exclusions; Application of Certain Federal Regulation Amendments

Sec. 1. (a) The board shall do the following:
(1) Except as otherwise provided in this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardous waste and atomic radiation in Indiana, including:
(A) rules necessary to implement the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as amended; and
(B) rules necessary for the establishment of a state permit program under Section 2301 of the federal Water Infrastructure Improvements for the Nation Act (42 U.S.C. 6945(d)) for the implementation in Indiana of the federal CCR rule.
(2) Consult with the department concerning the regulation of solid waste and hazardous waste.
(3) Carry out other duties imposed by law.
(4) Expeditiously adopt by rule all exemptions or exclusions from regulation as waste that are adopted by the United States Environmental Protection Agency and set forth in 40 CFR 261 on or after January 1, 2022.
(b) Until the amendments to 40 CFR 261 published by the United States Environmental Protection Agency in the Federal Register at 83 FR 24664 et seq. are adopted by rule by the board under subsection (a)(4), those amendments apply to the identification and listing of hazardous waste in Indiana just as if the amendments were incorporated by reference in 329 IAC 3.1-6-1.
[Pre-1996 Recodification Citation: 13-1-12-8(a).]
As added by P.L.1-1996, SEC.9. Amended by P.L.25-1997, SEC.14; P.L.133-2012, SEC.132; P.L.97-2016, SEC.3; P.L.100-2021, SEC.8; P.L.120-2022, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-1.3. Rules on Legitimate Use of Solid or Hazardous Waste

Sec. 1.3. (a) Except as otherwise provided in this chapter, the board may adopt rules establishing standards and procedures for the legitimate use, instead of disposal, of material otherwise defined as a solid or hazardous waste, including standards and procedures concerning the following:
(1) Proper storage and handling.
(2) Record keeping.
(3) Circumstances under which the use of a material is not considered to be a legitimate use.
(b) The rules adopted under this section shall provide that a material being legitimately used is not considered a solid or hazardous waste.
As added by P.L.97-2016, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-2. Orders; Review by Environmental Law Judge

Sec. 2. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6.
(b) An environmental law judge under IC 4-21.5-7 shall review orders and determinations of the commissioner.
[Pre-1996 Recodification Citation: 13-1-12-8(c).]
As added by P.L.1-1996, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-3.1. Restriction on Regulations Concerning Coal Mining Waste and Coal Combustion Residuals

Sec. 3.1. Except as provided in section 3(c) of this chapter, the rules adopted under section 1(a)(1) of this chapter may not regulate the following:
(1) The disposal of waste indigenous to the coal mining process and coal combustion residuals if the material:
(A) is not included in the definition of hazardous waste or is exempt from regulation as a hazardous waste under 42 U.S.C. 6921; and
(B) is disposed of at a facility regulated under IC 14-34.
(2) The use of coal combustion residuals for the following:
(A) The extraction or recovery of materials and compounds contained within the coal combustion residuals.
(B) Bottom ash as an antiskid material.
(C) Raw material for manufacturing another product.
(D) Mine subsidence, mine fire control, and mine sealing.
(E) Structural fill when combined with cement, sand, or water to produce a controlled strength fill material.
(F) A base in road construction.
(G) Cover for coal processing waste disposal locations to inhibit infiltration at surface and underground mines subject to IC 14-34, so long as a demonstration is made in concurrence with the department of natural resources that the materials and methods to be employed are appropriate for the intended use.
(H) Providing buffering or enhancing structural integrity for refuse piles at surface and underground mines subject to IC 14-34, so long as a demonstration is made in concurrence with the department of natural resources that the materials and methods to be employed are appropriate for the intended use.
(I) Agricultural applications, when applied using appropriate agronomic amounts to improve crop or vegetative production.
As added by P.L.120-2022, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-3.2. Ccr Program Fund; Purposes; Administration

Sec. 3.2. (a) The CCR program fund is established for the purpose of paying costs incurred by the department in operating the state permit program established under section 3 of this chapter, including:
(1) the personnel costs incurred in employing staff needed to perform the duties associated with the state permit program; and
(2) the cost of conducting the funding reviews required by section 3(j) of this chapter.
(b) The fund shall be administered by the department.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The fund consists of:
(1) money appropriated by the general assembly;
(2) fees deposited under section 3 of this chapter; and
(3) donations, gifts, and money received from any other source, including transfers from other funds or accounts.
(e) 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 funds may be invested.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.100-2021, SEC.10. Amended by P.L.11-2023, SEC.46.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-4. Vertical Expansions of Existing Permitted Landfills; Rules Prohibited

Sec. 4. Except as provided by sections 5 and 6 of this chapter, the board and the department may not adopt rules under section 1 of this chapter to:
(1) prohibit; or
(2) arbitrarily restrict;
vertical expansions of existing permitted landfills.
[Pre-1996 Recodification Citation: 13-1-12-9(b).]
As added by P.L.1-1996, SEC.9. Amended by P.L.122-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-5. Vertical Expansions of Existing Permitted Landfills; Environmental Assessments

Sec. 5. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require an applicant for a vertical expansion of an existing permitted landfill to submit environmental assessments as part of the application, including the following:
(1) Hydrogeology of the existing landfill site and adjacent areas.
(2) Evaluation of groundwater.
(3) Operational history of the landfill.
(4) Identification of adjacent land uses.
[Pre-1996 Recodification Citation: 13-1-12-9(c).]
As added by P.L.1-1996, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-6. Vertical Expansions of Existing Permitted Landfill; Submission of Design, Engineering, and Operational Requirements

Sec. 6. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require the applicant for a vertical expansion of an existing permitted landfill to submit design, engineering, and operational requirements, including the following:
(1) A more precise definition of the hydrogeology of the site, including a soil gas analysis.
(2) Operational requirements.
(3) Surface water control plan.
(4) Landfill gas control plan.
(5) Final cover requirements.
(6) Closure and financial assurance plans.
(7) Remedial action plan.
[Pre-1996 Recodification Citation: 13-1-12-9(d).]
As added by P.L.1-1996, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-7. Use of Foundry Sand

Sec. 7. The department and the board shall allow a person to use foundry sand that meets Type III criteria under 329 IAC 10-9 for the following activities in accordance with guidance without requiring the person to obtain any permits from the department:
(1) As a daily cover for litter and vermin control at a landfill in accordance with any applicable permits issued for the landfill.
(2) As a protective cover for a landfill leachate system in accordance with any applicable permits issued for the landfill.
(3) For use as capped embankments for ground and sight barriers under ten thousand (10,000) cubic yards or embankments for airports, bridges, or overpasses.
(4) For use:
(A) in a land application operation; or
(B) as a soil amendment;
if the application or amendment does not include the operation of a landfill.
(5) As a structural fill base capped by clay, asphalt, or concrete for the following:
(A) Roads.
(B) Road shoulders.
(C) Parking lots.
(D) Floor slabs.
(E) Utility trenches.
(F) Bridge abutments.
(G) Tanks and vaults.
(H) Construction or architectural fill.
(I) Other similar uses.
(6) As a raw material constituent incorporated into another product, including the following:
(A) Flowable fill.
(B) Concrete.
(C) Asphalt.
(D) Brick.
(E) Block.
(F) Portland cement.
(G) Glass.
(H) Roofing materials.
(I) Rock wool.
(J) Plastics.
(K) Fiberglass.
(L) Mineral wool.
(M) Lightweight aggregate.
(N) Paint.
(O) Plaster.
(P) Other similar products.
As added by P.L.129-1997, SEC.2. Amended by P.L.30-1999, SEC.3; P.L.14-2000, SEC.37; P.L.133-2012, SEC.133.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-7.2. Rules for Voluntary Certification Programs

Sec. 7.2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to develop a voluntary certification program for persons that remediate sites where releases of hazardous substances (as defined in IC 13-11-2-98) or petroleum (as defined in IC 13-11-2-160) have occurred.
(b) The rules adopted under this section must establish, at a minimum, the following:
(1) Eligibility criteria for certification.
(2) Criteria and procedures for suspension or revocation of certification.
(3) A certification application fee.
(c) The department may audit remediations performed by persons certified under rules adopted under this section.
As added by P.L.131-1997, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-8. Use of Slag

Sec. 8. The board may not adopt rules under section 1 of this chapter to regulate the following activities involving the legitimate use of slag generated by the production of iron or steel under Bureau of the Census Standard Industrial Classification 3312:
(1) Production of slag.
(2) Transportation of slag.
(3) Storage of slag.
(4) Processing of slag.
(5) Legitimate use of slag.
As added by P.L.257-2001, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-8.2. Permit Modification to Prohibit Processing or Disposal of Solid Waste

Sec. 8.2. The department may modify a permit to prohibit the processing or disposal of specific solid waste at:
(1) a solid waste disposal facility; or
(2) a solid waste processing facility.
As added by P.L.218-2001, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 3. Powers and Duties Concerning Solid Waste and Hazardous Waste Management › 13-19-3-9. Construction\demolition Waste; Setback Requirements

Sec. 9. (a) This section does not apply to an expansion of a solid waste landfill:
(1) that accepts only construction\demolition waste; and
(2) for which a construction\demolition waste permit was issued before January 1, 2005.
(b) A solid waste landfill that accepts only construction\demolition waste shall comply with setback requirements concerning public schools established by the board under 329 IAC 10-16-11 for municipal solid waste landfills.
As added by P.L.189-2005, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-1. Chapter Not Applicable to Certain Transfer Station and Solid Waste Disposal Facility Permits

Sec. 1. (a) Except as provided in section 8(e) of this chapter, this chapter does not apply to:
(1) an applicant for a transfer station permit that holds a permit for and continuously operates; or
(2) the transfer of a permit for a transfer station to an applicant that holds a permit for and is operating;
a transfer station, solid waste disposal facility, or hazardous waste facility in Indiana after December 31, 2004.
(b) Except as provided in section 8(e) of this chapter, this chapter does not apply to the transfer of a permit for a solid waste disposal facility to an applicant that holds a permit for and is operating a solid waste disposal facility or hazardous waste facility in Indiana after December 31, 2004.
(c) This chapter does not apply to an advanced recycling facility.
[Pre-1996 Recodification Citation: 13-7-10.2-8.]
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.4; P.L.54-2023, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-2. Requirement to Submit Permit Disclosure Statement or Other Information

Sec. 2. Before an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility may be granted, the applicant and each person who is a responsible party with respect to the applicant must submit to the department:
(1) a disclosure statement that:
(A) meets the requirements set forth in section 3(a) of this chapter; and
(B) is executed under section 3(b) of this chapter; or
(2) all of the following information:
(A) The information concerning legal proceedings that:
(i) is required under Section 13 or 15(d) of the federal Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.); and
(ii) the applicant or responsible party has reported under form 10-K.
(B) A description of all judgments that:
(i) have been entered against the applicant or responsible party in a proceeding described in section 3(a)(3) of this chapter; and
(ii) have imposed upon the applicant or responsible party a fine or penalty described in section 3(a)(3)(A) of this chapter.
(C) A description of all judgments of conviction entered against the applicant or responsible party within five (5) years before the date of submission of the application for the violation of any state or federal environmental protection law.
(D) Any other related information to support the application requested by the department concerning either of the following:
(i) The applicant.
(ii) The responsible party.
[Pre-1996 Recodification Citation: 13-7-10.2-3(a).]
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.5; P.L.114-2008, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-3. Permit Applicant Disclosure Statement; Contents; Oath

Sec. 3. (a) In a disclosure statement required by section 2 of this chapter, the applicant or responsible party shall set forth the following information:
(1) The name and business address of the applicant or responsible party.
(2) A description of the applicant's or responsible party's experience in managing the type of waste that will be managed under the permit.
(3) A description of all civil and administrative complaints against the applicant or responsible party for the violation of any state or federal environmental protection law that:
(A) have resulted in a fine or penalty of more than ten thousand dollars ($10,000) within five (5) years before the date of the submission of the application; or
(B) allege an act or omission that:
(i) constitutes a material violation of the state or federal environmental protection law; and
(ii) presented a substantial endangerment to the public health or the environment.
(4) A description of all pending criminal complaints alleging the violation of any state or federal environmental protection law that have been filed against the applicant or responsible party within five (5) years before the date of submission of the application.
(5) A description of all judgments of criminal conviction entered against the applicant or responsible party within five (5) years before the date of submission of the application for the violation of any state or federal environmental protection law.
(6) A description of all judgments of criminal conviction of a felony constituting a crime of moral turpitude under the laws of any state or the United States that are entered against the applicant or responsible party within five (5) years before the date of submission of the application.
(7) The location of all facilities at which the applicant or responsible party manages the type of waste that would be managed under the permit to which the application refers.
(b) A disclosure statement submitted under section 2(1) of this chapter:
(1) must be executed under oath or affirmation; and
(2) is subject to the penalty for perjury under IC 35-44.1-2-1.
[Pre-1996 Recodification Citation: 13-7-10.2-3(b), (c).]
As added by P.L.1-1996, SEC.9. Amended by P.L.114-2008, SEC.16; P.L.126-2012, SEC.33.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-4. Permit Applicant Disclosure Statement; Verification

Sec. 4. The department may investigate and verify the information set forth in a disclosure statement required by section 2 of this chapter.
[Pre-1996 Recodification Citation: 13-7-10.2-3(d).]
As added by P.L.1-1996, SEC.9. Amended by P.L.2-1997, SEC.43.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-5. Denial; Grounds

Sec. 5. (a) Subject to subsection (b), the commissioner may deny an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility if the commissioner finds that:
(1) the applicant or a responsible party has intentionally misrepresented or concealed any material fact in a statement required by section 2 or 3 of this chapter;
(2) a civil or administrative complaint described in section 3(a)(3) of this chapter has been filed against the applicant or a responsible party within five (5) years before the date of submission of the application;
(3) a criminal complaint described in section 3(a)(4) of this chapter has been filed against the applicant or a responsible party within five (5) years before the date of submission of the application;
(4) a judgment of criminal conviction described in section 3(a)(5) or 3(a)(6) of this chapter has been entered against the applicant or a responsible party within five (5) years before the date of submission of the application; or
(5) the applicant or a responsible party has knowingly and repeatedly violated any state or federal environmental protection laws.
(b) The commissioner may not deny a permit under this section based solely upon pending complaints disclosed under section 3(a)(3)(B) or 3(a)(4) of this chapter.
[Pre-1996 Recodification Citation: 13-7-10.2-4(a), (d).]
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-6. Denial; Mitigating Factors

Sec. 6. Before making a determination to deny an application for the issuance, transfer, or major modification of a permit under section 5 of this chapter, the commissioner shall consider the following mitigating factors:
(1) The nature and details of the acts attributed to the applicant or responsible party.
(2) With respect to:
(A) a civil or an administrative complaint referred to in section 5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2) (before its repeal); or
(B) a criminal complaint referred to in section 5(a)(3) of this chapter or IC 13-7-10.2-4(a)(3) (before its repeal);
whether the matter has been resolved.
(3) With respect to:
(A) a civil or an administrative complaint referred to in section 5(a)(2) of this chapter or IC 13-7-10.2-4(a)(2) (before its repeal);
(B) a criminal complaint referred to in section 5(a)(3) of this chapter or IC 13-7-10.2-4(a)(3) (before its repeal); or
(C) a judgment of conviction referred to in section 5(a)(4) of this chapter or IC 13-7-10.2-4(a)(4);
whether any appeal is pending.
(4) The degree of culpability of the applicant or responsible party.
(5) The applicant's or responsible party's cooperation with the state or federal agencies involved in the investigation of the activities involved in complaints and convictions referred to in section 5(a)(2) through 5(a)(5) of this chapter or IC 13-7-10.2-4(a)(2) through IC 13-7-10.2-4(a)(5) (before their repeal).
(6) The applicant's or responsible party's dissociation from any other persons or entities convicted of acts referred to in section 5(a)(2) through 5(a)(5) of this chapter or IC 13-7-10.2-4(a)(2) through IC 13-7-10.2-4(a)(5) (before their repeal).
(7) Prior or subsequent self-policing or internal education programs established by the applicant to prevent activities referred to in section 5(a) of this chapter or IC 13-7-10.2-4(a) (before its repeal).
(8) Whether the best interests of the public will be served by denial of the permit.
(9) Any demonstration of good citizenship by the applicant or responsible party.
[Pre-1996 Recodification Citation: 13-7-10.2-4(b).]
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-7. Findings of Fact

Sec. 7. (a) In taking action under this chapter on an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility, the commissioner shall make separately stated findings of fact to support the action taken.
(b) The findings of ultimate fact must be accompanied by a concise statement of the underlying basic facts of record to support the findings. However, when the commissioner denies an application, the commissioner is not required to explain the extent to which any of the mitigating factors set forth in section 6 of this chapter influenced the commissioner's determination to deny the application.
[Pre-1996 Recodification Citation: 13-7-10.2-4(c).]
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-8. Change of Ownership; Procedure; Exemption; Revocation by Commissioner

Sec. 8. (a) This section does not apply to the transfer of ownership of a facility from a permittee whose business derives less than fifty percent (50%) of its gross revenue from the management of solid waste to a prospective owner whose business derives less than fifty percent (50%) of its gross revenue from the management of solid waste.
(b) If there is a prospective change of the entire ownership interest in a facility for which a permit described in IC 13-15-1-3 is required, the prospective owner, at least one hundred eighty (180) days before the proposed change in ownership, shall submit to the commissioner a disclosure statement that:
(1) includes the information required by section 3(a) of this chapter; and
(2) was executed under section 3(b) of this chapter.
(c) The commissioner:
(1) shall review the disclosure statement submitted under subsection (b); and
(2) may investigate and verify the information set forth in the disclosure statement.
(d) If the commissioner determines that:
(1) the information disclosed by the disclosure statement submitted under subsection (b); and
(2) any investigation by the commissioner;
would require the commissioner to deny the prospective owner's permit application if the prospective owner were applying for a permit under section 2 of this chapter, the commissioner shall disapprove the transfer of ownership of the facility to the prospective owner.
(e) If:
(1) subsection (b) does not apply; and
(2) there is a change of at least fifty percent (50%) ownership control of an entity that holds a permit described in IC 13-15-1-3, including an entity referred to in section 1 of this chapter (other than an entity referred to in subsection (a));
the entity must, not later than thirty (30) days after the change of ownership control is completed, submit to the department the disclosure statement referred to in subsection (b).
(f) The commissioner:
(1) shall review the disclosure statement submitted under subsection (e); and
(2) may investigate and verify the information set forth in the disclosure statement.
(g) If the commissioner determines:
(1) that:
(A) the information disclosed by the disclosure statement submitted under subsection (e); and
(B) any investigation by the commissioner;
would require the commissioner to deny an application for a permit described in IC 13-15-1-3 if the entity that submits the disclosure statement were applying for a permit under section 2 of this chapter; or
(2) that an entity failed to submit to the department a timely disclosure statement under subsection (e);
the commissioner shall revoke any permit described in IC 13-15-1-3 held by the entity.
[Pre-1996 Recodification Citation: 13-7-10.2-5.]
As added by P.L.1-1996, SEC.9. Amended by P.L.154-2005, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-9. Administrative Procedure

Sec. 9. IC 4-21.5 governs determinations, notice, hearings, and appeal of determinations under this chapter.
[Pre-1996 Recodification Citation: 13-7-10.2-6.]
As added by P.L.1-1996, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 19. Solid Waste and Hazardous Waste Management Generally › Chapter 4. Good Character Requirements for Solid Waste and Hazardous Waste Management Permits › 13-19-4-10. Rules of Administration

Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter.
[Pre-1996 Recodification Citation: 13-7-10.2-7.]
As added by P.L.1-1996, SEC.9. Amended by P.L.133-2012, SEC.134.