reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 9. Restrictions on Disposal of Vegetative Matter › 13-20-9-4. Emergency Resolution Authorizing Use of Landfill

Sec. 4. If an emergency exists, the county executive of a county may, by resolution or order:
(1) waive the prohibition under section 2 of this chapter; and
(2) allow vegetative matter resulting from landscaping maintenance and land clearing projects to be deposited in the solid waste landfill;
for not more than ninety (90) days.
[Pre-1996 Recodification Citation: 13-7-29-5(b).]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to composting (as defined in IC 13-11-2-38) of vegetative matter and other organic material.
(b) This chapter does not apply to the following:
(1) A person who conducts a composting operation on the person's property for vegetative matter and other types of organic material that are generated by the person's activities.
(2) A person who conducts a composting operation in an area of less than three hundred (300) square feet.
(3) Temporary storage of vegetative matter where only an incidental amount of composting will occur before removal of the matter.
[Pre-1996 Recodification Citation: 13-7-35-1.]
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.7; P.L.200-2017, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-2. Registration of Facility Required for Operation

Sec. 2. A person may operate a composting facility only if the person registers the composting facility with the department.
[Pre-1996 Recodification Citation: 13-7-35-4.]
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-3. Registration Applications; Contents

Sec. 3. To register a composting facility with the department, a person must submit an application to the department that contains the following:
(1) A:
(A) legal description; and
(B) topographic map;
of the site on which the composting facility will be located.
(2) A description of the composting facility that indicates the area to be served by the composting operation.
(3) An estimate of the volume of materials that will be processed annually by the composting facility.
(4) Any other information that the department or the board requires by rule.
[Pre-1996 Recodification Citation: 13-7-35-5.]
As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.142; P.L.199-2014, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-4. Location of Active Areas of Facilities

Sec. 4. (a) Except as provided in sections 5 and 6 of this chapter, the active area of a composting facility may not be located within:
(1) two hundred (200) feet of a well that supplies potable water; or
(2) two hundred (200) feet of a residential structure that exists at the time that the composting facility initially registers under this chapter.
(b) A composting facility:
(1) must be located outside the ten (10) year floodplain, except for a composting facility that is either:
(A) operated in conjunction with a publicly owned works permitted under IC 13-15-3; or
(B) designed and operated to prevent ground or surface water contamination in the event of a ten (10) year flood;
(2) must be designed and operated to prevent ground water and surface water contamination from:
(A) stormwater; and
(B) leachate runoff from the composting facility;
(3) must not locate compost within five (5) feet of the seasonal high water table unless the composting facility provides adequate controls to prevent ground water or surface water contamination; and
(4) must provide controls for the following:
(A) Dust.
(B) Odor.
(C) Noise.
(c) If compost material that contains food waste is present in a composting facility, the composting facility must provide controls for vectors and pathogens in addition to the controls required by subsection (b)(4).
[Pre-1996 Recodification Citation: 13-7-35-6(a).]
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.10; P.L.200-2017, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-5. Local Ordinance on Distance Between Composting Facility and Residence

Sec. 5. A unit of local government may adopt an ordinance providing the distance required between the active area of a composting facility and an existing residence. An ordinance adopted under this section may not do any of the following:
(1) Allow the active area of a composting facility to locate less than two hundred (200) feet from an existing residence.
(2) Require the active area of a composting facility to locate more than six hundred (600) feet from an existing residence.
[Pre-1996 Recodification Citation: 13-7-35-6(b).]
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-6. Conditions Under Which Composting Facility May Be Located Less Than 200 Feet From Residence

Sec. 6. The active area of a composting facility may be located less than two hundred (200) feet from a residence if:
(1) no unit of local government with jurisdiction over:
(A) the residence; or
(B) the composting facility;
has adopted an ordinance under section 5 of this chapter or IC 13-7-35-6(b) (before its repeal); and
(2) the composting facility obtains written consent from the occupant and the owner of the residence.
[Pre-1996 Recodification Citation: 13-7-35-6(c).]
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-7. Annual Reports

Sec. 7. A person who operates a composting facility that must be registered under this chapter shall submit an annual report to the department:
(1) before February 1 of each year; and
(2) that indicates the volume of material processed by the composting facility during the preceding year.
[Pre-1996 Recodification Citation: 13-7-35-7.]
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-8. Expiration and Renewal of Registrations

Sec. 8. (a) The department shall approve an application for registration of a composting facility under this chapter or renewal of a registration if the applicant meets the requirements of this chapter and rules adopted by the board.
(b) The department may deny an application for the registration of a composting facility or renewal of a registration if the application does not meet the requirements of this chapter or rules adopted by the board.
(c) A registration under this chapter:
(1) expires five (5) years after the date the composting facility is registered; and
(2) may be renewed by the person who registered the composting facility if the person applies to the department.
(d) A registration under this chapter may be revoked if the registrant operates the composting facility in violation of:
(1) this chapter or any other environmental management law; or
(2) rules adopted by the board.
[Pre-1996 Recodification Citation: 13-7-35-8.]
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-9. Combination of Vegetative Matter With Solid Waste Prohibited

Sec. 9. Except as provided in IC 13-20-9-1, a person may not knowingly combine vegetative matter resulting from landscaping maintenance and land clearing projects that is intended for:
(1) collection; and
(2) disposal at a solid waste landfill;
with another type of solid waste.
[Pre-1996 Recodification Citation: 13-7-35-9.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10. Registration of Facilities for Composting Certain Vegetative Matter › 13-20-10-10. Rules

Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
[Pre-1996 Recodification Citation: 13-7-35-10.]
As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.143.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10.5. Biomass Anaerobic Digestion Facilities and Biomass Gasification Facilities › 13-20-10.5-1. Department Approval

Sec. 1. (a) A person may not after June 30, 2011, start:
(1) construction of:
(A) a biomass anaerobic digestion facility; or
(B) a biomass gasification facility; or
(2) expansion of:
(A) a biomass anaerobic digestion facility; or
(B) a biomass gasification facility;
without obtaining prior approval of the department.
(b) A person who proposes to construct or expand a biomass anaerobic digestion facility or a biomass gasification facility on the premises of a confined feeding operation must obtain the prior approval required under subsection (a) through the approval process for confined feeding operations under IC 13-18-10 and rules implementing that chapter.
As added by P.L.189-2011, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10.5. Biomass Anaerobic Digestion Facilities and Biomass Gasification Facilities › 13-20-10.5-2. Regulation as a Solid Waste Processing Facility

Sec. 2. Except as provided in section 3 of this chapter, a biomass anaerobic digestion facility or a biomass gasification facility for which the only input is biomass is not subject to regulation as a solid waste processing facility.
As added by P.L.189-2011, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10.5. Biomass Anaerobic Digestion Facilities and Biomass Gasification Facilities › 13-20-10.5-3. Regulation as a Solid Waste Processing Facility; Department Determination

Sec. 3. (a) The department may determine that a biomass anaerobic digestion facility or a biomass gasification facility for which the input is a combination of biomass and solid waste is subject to regulation as a solid waste processing facility.
(b) Anaerobic digestion and gasification facilities required to maintain a permit under IC 13-17 are not required to seek approval under this chapter.
As added by P.L.189-2011, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 10.5. Biomass Anaerobic Digestion Facilities and Biomass Gasification Facilities › 13-20-10.5-4. Rules

Sec. 4. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
As added by P.L.189-2011, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 11. Landfill Inspectors › 13-20-11-1. Designation by Department

Sec. 1. The department shall designate employees of the department as landfill inspectors. However, the department may not designate a landfill inspector for a county that has a consolidated city.
[Pre-1996 Recodification Citation: 13-7-22-3(b).]
As added by P.L.1-1996, SEC.10. Amended by P.L.159-2011, SEC.30.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 11. Landfill Inspectors › 13-20-11-2. Duties

Sec. 2. A department employee designated as a landfill inspector for a county under this chapter shall monitor operations at every landfill in the county. The duties of the landfill inspector include the following:
(1) Promoting compliance with the rules of the board governing landfill operations.
(2) Keeping records required by the rules of the board or ensuring that those records be kept.
(3) Investigating possible violations of:
(A) the rules of the board; or
(B) any statute;
governing landfill operation or solid waste disposal.
[Pre-1996 Recodification Citation: 13-7-22-3(c).]
As added by P.L.1-1996, SEC.10. Amended by P.L.113-2014, SEC.75.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 12. Sanitary Landfill Locations in Lake County › 13-20-12-1. Applicability of Chapter

Sec. 1. This chapter applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).
[Pre-1996 Recodification Citation: 13-7-19-1.]
As added by P.L.1-1996, SEC.10. Amended by P.L.11-2023, SEC.47.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 12. Sanitary Landfill Locations in Lake County › 13-20-12-2. Location of Landfills Near Residential Subdivisions

Sec. 2. A person may not establish a sanitary landfill for the disposal of garbage, rubbish, or refuse on land in Indiana within one-half (1/2) mile of an area:
(1) that has been subdivided for residential purposes; and
(2) for which the plat is on file in the office of the county recorder at the time the landfill is established.
[Pre-1996 Recodification Citation: 13-7-19-2.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 12. Sanitary Landfill Locations in Lake County › 13-20-12-3. Violation; Penalty

Sec. 3. A person that violates section 2 of this chapter shall be assessed a civil penalty of not more than one thousand dollars ($1,000). Each additional day of violation constitutes a separate violation.
[Pre-1996 Recodification Citation: 13-7-19-3.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-1. Applicability of Certificate of Registration Provisions

Sec. 1. (a) As used in this chapter, "passenger tire equivalent" means a unit of waste tire material weighing twenty (20) pounds, whether the waste tire material is comprised of one (1) or more whole tires or one (1) or more altered tires.
(b) The provisions of this chapter concerning waste tire storage site and waste tire processing operation certificates of registration do not apply to the following:
(1) A facility operated as a solid waste processing facility under a valid permit issued by the commissioner.
(2) The site of a facility that is used to retread tires at which fewer than five thousand (5,000) waste tires are present indoors within a completely enclosed structure.
(3) A vehicle or container in which waste tires are stored for less than thirty (30) days.
(4) A vehicle that is properly licensed, capable of legally transporting waste tires, and in which waste tires are completely enclosed.
(5) A waste tire amnesty day sponsored by a local government.
(6) A facility that:
(A) manufactures tires; and
(B) keeps five thousand (5,000) or fewer waste tires indoors in an enclosed structure.
[Pre-1996 Recodification Citation: 13-7-23-6(a).]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.4; P.L.37-2012, SEC.32.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-1.5. Manner of Storage of Waste Tires

Sec. 1.5. A person that stores waste tires shall do so in a manner that:
(1) does not pose a threat to human health or the environment;
(2) does not pose a fire hazard; and
(3) controls vectors that pose a threat to human health.
As added by P.L.93-1998, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-2. Necessity of Registration or Certificate

Sec. 2. A person may not create or maintain a waste tire storage site or waste tire processing operation unless the person:
(1) has registered the waste tire storage site or waste tire processing operation under this chapter or IC 13-7-23 (before its repeal); and
(2) holds a valid certificate of registration issued under section 3 of this chapter or IC 13-7-23-7 (before its repeal).
[Pre-1996 Recodification Citation: 13-7-23-6(b).]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-3. Certificate of Registration

Sec. 3. (a) The commissioner shall issue a waste tire storage site or waste tire processing operation certificate of registration to a person that owns or operates a waste tire storage site or waste tire processing operation if the person complies with the requirements of this chapter and rules adopted by the board under section 11 of this chapter.
(b) A certificate of registration issued under this section expires five (5) years after the date the certificate is issued.
(c) The commissioner may include in a certificate of registration issued under this section conditions that ensure compliance with:
(1) this chapter; and
(2) rules adopted by the board under this chapter;
including a compliance schedule.
(d) The department may deny an application for a certificate of registration under this chapter if:
(1) the application is incomplete;
(2) the applicant has failed to comply with the requirements of:
(A) this chapter;
(B) IC 13-20-14; or
(C) a rule adopted by the board under section 11 of this chapter or under IC 13-20-14-6; or
(3) an enforcement action is pending against the applicant.
[Pre-1996 Recodification Citation: 13-7-23-7.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-4. Prerequisites to Certificate of Registration; Deposit of Fees

Sec. 4. (a) To apply for a certificate of registration under section 3 of this chapter, a person must submit the following to the department:
(1) A description of the location of the:
(A) waste tire storage site; or
(B) waste tire processing operation.
(2) A description of buildings, signs, notices, and alarms to be used:
(A) on the waste tire storage site; or
(B) in connection with the waste tire processing operation.
(3) A description of the management program for the waste tire storage site or waste tire processing operation, including emergency measures to be used on the site or at the operation.
(4) If the person who applies for the certificate of registration does not own the property where the waste tires will be stored or processed, the signature of the person who owns the property.
(5) If a person is to operate a waste tire storage site, a description of evidence of financial assurance to be maintained by the person under rules adopted by the board under section 11 of this chapter.
(6) A fee in an amount determined by the board.
(7) Other information reasonably requested by the department.
(b) The department shall deposit the fee submitted under subsection (a)(6) in the waste tire management fund established by this chapter.
[Pre-1996 Recodification Citation: 13-7-23-8.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-5. Duties of Certificate of Registration Holders

Sec. 5. A person that obtains a certificate of registration under section 3 of this chapter must do the following:
(1) Report annually to the department on the following:
(A) The number of passenger tire equivalents received at the waste tire storage site or by the waste tire processing operation.
(B) The number and manner of disposal of the passenger tire equivalents.
(2) Maintain contingency plans to protect public health and the environment.
(3) If the person operates a waste tire storage site, maintain financial assurance acceptable to the department necessary for waste tire removal, in an amount specified in rules adopted by the board under section 11(b)(3) of this chapter.
(4) Maintain a copy of the certificate of registration at the site.
(5) Comply with applicable rules and requirements established by the fire prevention and building safety commission for indoor waste tire storage sites.
(6) Retain a copy of manifests received from a waste tire transporter under IC 13-20-14 for at least one (1) year and make a copy of the manifests available to the department upon request.
[Pre-1996 Recodification Citation: 13-7-23-9.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.9; P.L.37-2012, SEC.33.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-5.5. Revocation or Modification of Certificate of Registration; Appeal

Sec. 5.5. (a) A certificate of registration issued by the department under this chapter may be revoked or modified by the commissioner, or by a designated staff member of the department, after notification in writing is sent in accordance with IC 13-14-2-1 to the holder of the certificate for:
(1) failure to disclose all relevant facts;
(2) making a misrepresentation in obtaining the registration; or
(3) failure to correct, within the time established by the department:
(A) a violation of a condition of the registration; or
(B) a violation of this chapter or a rule adopted by the board under section 11 of this chapter.
(b) A person aggrieved by the revocation or modification of a certificate of registration may appeal the revocation or modification to the office of environmental adjudication under IC 4-21.5-7. Pending the decision resulting from a hearing under IC 4-21.5-3 concerning the revocation or modification, the registration remains in force. However, subsequent to revocation or modification, the commissioner may seek injunctive relief concerning the activity described in the registration.
As added by P.L.93-1998, SEC.10. Amended by P.L.1-1999, SEC.36; P.L.263-2013, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-6. Inspection Program

Sec. 6. (a) The department shall operate a waste tire storage site and waste tire processing operation inspection program.
(b) A person that obtains a certificate of registration under section 3 of this chapter must allow the department access to the waste tire storage site or waste tire processing operation at reasonable times to inspect for potential violations of:
(1) this chapter; or
(2) rules adopted under this chapter.
[Pre-1996 Recodification Citation: 13-7-23-10.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-7. New Replacement Tire and New Vehicle Sales Fees

Sec. 7. (a) A fee of twenty-five cents ($0.25) is imposed on the sale of the following:
(1) Each new tire that is sold at retail.
(2) Each new tire mounted on a new vehicle sold at retail.
(b) The person that sells the new tire or vehicle at retail (including a retail merchant that meets one (1) or both of the economic thresholds under IC 6-2.5-2-1(d)) to the ultimate consumer of the tire or vehicle shall collect the fee imposed by this section.
(c) A person that collects a fee under subsection (b):
(1) shall pay the fees collected under subsection (b):
(A) to the department of state revenue; and
(B) at the same time and in the same manner that the person pays the state gross retail tax collected by the person to the department of state revenue;
(2) shall indicate on the return:
(A) prescribed by the department of state revenue; and
(B) used for the payment of state gross retail taxes;
that the person is also paying fees collected under subsection (b); and
(3) is entitled to deduct and retain one percent (1%) of the fees required to be paid to the department of state revenue under this subsection.
(d) The department of state revenue shall deposit fees collected under this section in the waste tire management fund established by this chapter.
[Pre-1996 Recodification Citation: 13-7-23-10.3(b), (c), (d), (e).]
As added by P.L.1-1996, SEC.10. Amended by P.L.159-2021, SEC.39.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-8. Waste Tire Management Fund; Establishment; Purposes; Sources of Revenue

Sec. 8. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6), and (d)(7), the waste tire management fund is established for the following purposes:
(1) The department may use not more than thirty-five percent (35%) of the money deposited in the fund each year for:
(A) the removal and disposal of waste tires from sites where the waste tires have been disposed of improperly; and
(B) operating the waste tire education program under section 15 of this chapter.
(2) The department may use the remaining money deposited in the fund each year to:
(A) provide grants and loans under section 9(b) of this chapter to entities involved in waste tire management activities; and
(B) pay the expenses of administering the programs described in:
(i) subdivision (1)(B); and
(ii) clause (A).
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(d) Sources of money for the fund are the following:
(1) Fees paid under section 4(a)(6) of this chapter and IC 13-20-14-5(c).
(2) Fees collected under section 7 of this chapter. All money deposited in the fund under this subdivision may be used by the department for waste reduction, recycling, removal, or remediation projects.
(3) Costs and damages recovered from a person or other entity under section 14 of this chapter or IC 13-20-14-8. All money deposited in the fund under this subdivision may be used by the department for removal and remediation projects.
(4) Fees established by the general assembly for the purposes of this chapter.
(5) Appropriations made by the general assembly.
(6) Gifts and donations intended for deposit in the fund. A gift or donation deposited in the fund under this subdivision may be specified to be entirely for the use of the department.
(7) Civil penalties collected under IC 13-30-4 for violations of:
(A) this chapter;
(B) IC 13-20-14; and
(C) rules adopted under section 11 of this chapter and IC 13-20-14-6.
All money deposited in the fund under this subdivision may be used by the department for eligible projects.
[Pre-1996 Recodification Citation: 13-7-23-11.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.12; P.L.1-1999, SEC.37; P.L.1-2006, SEC.202; P.L.204-2007, SEC.14; P.L.37-2012, SEC.34.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-9. Waste Tire Management Fund; Use of Funds

Sec. 9. (a) The department may use money in the fund to assist the department in:
(1) removing waste tires from sites where waste tires have been disposed of improperly;
(2) properly managing waste tires;
(3) performing surveillance and enforcement activities used to implement proper waste tire management; and
(4) conducting the waste tire education program under section 15 of this chapter.
(b) The department may use money in the fund to provide grants and loans to entities to establish and operate programs involving the following:
(1) Recycling or reuse of waste tires.
(2) Using waste tires as a source of fuel.
(3) Developing markets for waste tires and products containing recycled or reused waste tires.
(c) The board may adopt rules under IC 4-22-2 and IC 13-14-9 necessary to implement this section.
[Pre-1996 Recodification Citation: 13-7-23-12.]
As added by P.L.1-1996, SEC.10. Amended by P.L.1-2006, SEC.203; P.L.204-2007, SEC.15; P.L.133-2012, SEC.144.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-10. Repealed

[Pre-1996 Recodification Citation: 13-7-23-13.]
As added by P.L.1-1996, SEC.10. Amended by P.L.28-2004, SEC.122. Repealed by P.L.130-2018, SEC.65.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-11. Adoption of Rules; Legitimate Use of Waste Tires and Used Tires

Sec. 11. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 necessary to implement this chapter.
(b) The rules adopted under this section must include the following:
(1) Requirements for the registration of waste tire storage sites and waste tire processing operations.
(2) Requirements concerning the following:
(A) The operation of waste tire storage sites and waste tire processing operations.
(B) Proper storage and processing of waste tires.
(C) Contingency plans concerning the minimization of hazards to human health and the environment at waste tire storage sites and waste tire processing operations.
(D) Record keeping guidelines concerning the quantity of waste tires stored and processed at waste tire storage sites and waste tire processing operations.
(E) The transportation of waste tires and loads containing any combination of both waste tires and used tires.
(F) Reporting requirements concerning the transportation of:
(i) waste tires; and
(ii) loads containing any combination of both waste tires and used tires;
that include evidence of proper end point disposal or processing of tires described in this clause.
(3) Financial assurance acceptable to the department necessary for waste tire removal that a person that operates a waste tire storage site must maintain. The rules shall provide for the use of a corporate financial test that is substantially similar to the corporate financial test set forth in 40 CFR 258.74(e) as an optional financial assurance mechanism.
(4) The establishment of the fee required by section 4(a)(6) of this chapter in an amount necessary to cover the costs incurred in the following:
(A) Registering waste tire storage sites and waste tire processing operations under this chapter.
(B) Administering this chapter.
(c) The rules adopted under this section may establish standards and procedures for the legitimate use, instead of disposal, of waste tires, including standards and procedures concerning the following:
(1) Proper storage and handling.
(2) Record keeping.
(3) Circumstances under which the use of a waste tire is not considered a legitimate use.
[Pre-1996 Recodification Citation: 13-7-23-15.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.13; P.L.97-2016, SEC.5; P.L.27-2020, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-12. Certificate of Registration Not Required

Sec. 12. A person that obtains a certificate of registration under this chapter is not required to obtain a solid waste processing facility permit referred to in section 1 of this chapter:
(1) for activities covered under the registration, including the:
(A) baling;
(B) transferring;
(C) cutting; or
(D) shredding;
of waste tires; or
(2) if the person stores or processes waste tires in a facility in accordance with this chapter and the rules adopted under this chapter.
[Pre-1996 Recodification Citation: 13-7-23-16.]
As added by P.L.1-1996, SEC.10. Amended by P.L.37-2012, SEC.35.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-13. Removal and Remedial Actions

Sec. 13. (a) The commissioner may proceed in court, by appropriate action, to:
(1) compel a person responsible for the improper storage of waste tires to undertake a removal or remedial action with respect to the waste tires; or
(2) obtain an order to enter upon private or public property to carry out a removal or remedial action with respect to the waste tires if the commissioner cannot identify or locate another person responsible for carrying out the removal or remedial action who:
(A) is willing to carry out the removal or remedial action and is capable of doing so; or
(B) can be compelled to carry out the removal or remedial action under subdivision (1).
(b) The commissioner may issue an administrative order for the purpose set forth in subsection (a)(1).
[Pre-1996 Recodification Citation: 13-7-23-17 part.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-14. Recovery of Costs and Damages

Sec. 14. The commissioner may proceed in the appropriate court to recover costs and damages from a person who:
(1) is responsible for the improper storage of waste tires; and
(2) fails, without sufficient cause, to properly undertake a removal or remedial action under section 13 of this chapter.
[Pre-1996 Recodification Citation: 13-7-23-18 part.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-15. Education Program

Sec. 15. The department shall operate a waste tire education program to inform the public concerning the following issues:
(1) Proper waste tire management procedures.
(2) Methods to minimize the production of waste tires, including information concerning the advantages of using retreaded tires.
[Pre-1996 Recodification Citation: 13-7-23-19.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-16. Repealed

[Pre-1996 Recodification Citation: 13-7-23-20 part.]
As added by P.L.1-1996, SEC.10. Repealed by P.L.93-1998, SEC.21.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 13. Regulation of Waste Tire Storage Sites; Waste Tire Management Fund › 13-20-13-17. Criminal Penalty for Application Misstatement

Sec. 17. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or grant from the fund commits a Level 6 felony.
As added by P.L.137-2007, SEC.18. Amended by P.L.158-2013, SEC.188.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-1. Disposal at Solid Waste Landfills

Sec. 1. (a) Except as provided in:
(1) rules adopted under subsection (d); and
(2) section 10 of this chapter;
a whole waste tire may not be disposed of at a solid waste landfill.
(b) The department may approve shredded or ground up tires for use as daily cover for a solid waste landfill.
(c) Material approved under subsection (b) is exempt from IC 13-20-22 and IC 13-21-13.
(d) The board shall adopt rules that allow for the incidental disposal of small amounts of whole waste tires at solid waste landfills.
(e) The rules adopted under subsection (d) may allow a landfill operator to meet the requirements of the rule by employing procedures designed to achieve the objectives of subsection (d) in lieu of a numeric standard.
[Pre-1996 Recodification Citation: 13-7-23.2-9.3.]
As added by P.L.1-1996, SEC.10. Amended by P.L.123-1996, SEC.13; P.L.132-1997, SEC.1; P.L.133-2012, SEC.145.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-2. Notices in Retail Tire Establishments

Sec. 2. (a) In each retail establishment in which a retailer sells new tires, the retailer shall post in a conspicuous place a written notice that bears the following statements:
"Do not put waste tires in the trash."
"Recycle your waste tires."
"State law requires us to accept your waste tires for recycling or proper disposal if you purchase new tires from us.".
(b) A notice required by this section must be at least eight and one-half (8.5) inches wide and eleven (11) inches high.
(c) A person who knowingly violates this section commits a Class C infraction.
[Pre-1996 Recodification Citation: 13-7-23.2-10.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-3. Acceptance of Waste Tires by Retailers on Sale of New Tires

Sec. 3. (a) A retailer who sells new tires to a person shall accept waste tires that the person presents to the retailer at the place where possession of the new tires is transferred to the person.
(b) The number of waste tires that a retailer is required to accept from a person under this section is equal to the number of new tires that the retailer sells to the person.
[Pre-1996 Recodification Citation: 13-7-23.2-11.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-4. Disposal by Source of Waste Tires

Sec. 4. (a) A source of waste tires shall dispose of waste tires in the source's possession by one (1) or more of the following means:
(1) Delivery to a wholesaler or to an agent of a wholesaler.
(2) Delivery to a manufacturer of tires.
(3) Delivery to a facility that retreads tires.
(4) Delivery to a permitted final disposal facility regulated under environmental management laws.
(5) Delivery to a registered waste tire storage site.
(6) Delivery to a registered waste tire processing operation.
(7) Collection by a registered waste tire transporter.
(b) A person referred to in subsection (a) is not required to accept waste tires from a source of waste tires.
[Pre-1996 Recodification Citation: 13-7-23.2-12.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.15; P.L.37-2012, SEC.36.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-5.3. Retention and Availability of Manifests

Sec. 5.3. A person that is the source of more than twelve (12) waste tires per year, or the equivalent in passenger tire equivalents, including tire retailers, auto salvagers, and sellers of used tires, shall:
(1) retain a copy of manifests received from a waste tire transporter under section 5 of this chapter for at least one (1) year; and
(2) make a copy of the manifests available to the department upon request.
As added by P.L.93-1998, SEC.17. Amended by P.L.37-2012, SEC.38.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-5.6. Revocation or Modification of Certificate of Registration; Appeal

Sec. 5.6. (a) A certificate of registration issued by the department under this chapter may be revoked or modified by the commissioner, or by a designated staff member of the department, after notification in writing is sent in accordance with IC 13-14-2-1 to the holder of the certificate, for:
(1) failure to disclose all relevant facts;
(2) making a misrepresentation in obtaining the registration; or
(3) failure to correct, within the time established by the department, a violation of:
(A) a condition of the registration;
(B) this chapter; or
(C) a rule adopted by the board under section 6 of this chapter.
(b) A person aggrieved by the revocation or modification of a certificate of registration may appeal the revocation or modification to the office of environmental adjudication under IC 4-21.5-7. Pending the decision resulting from a hearing under IC 4-21.5-3 concerning the revocation or modification, the registration remains in force. However, subsequent to revocation or modification, the commissioner may seek injunctive relief concerning the activity described in the registration.
As added by P.L.93-1998, SEC.18. Amended by P.L.1-1999, SEC.38; P.L.263-2013, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-6. Rules

Sec. 6. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
[Pre-1996 Recodification Citation: 13-7-23.2-14.]
As added by P.L.1-1996, SEC.10. Amended by P.L.37-2012, SEC.39; P.L.133-2012, SEC.146.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-7. Removal and Remedial Actions

Sec. 7. (a) The commissioner may proceed in court, by appropriate action, to:
(1) compel a person responsible for the improper disposal of waste tires to undertake a removal or remedial action with respect to the waste tires; or
(2) obtain an order to enter upon private or public property to carry out a removal or remedial action with respect to the waste tires if the commissioner cannot identify or locate another person responsible for carrying out the removal or remedial action who:
(A) is willing to carry out the removal or remedial action and is capable of doing so; or
(B) can be compelled to carry out the removal or remedial action under subdivision (1).
(b) The commissioner may issue an administrative order for the purpose set forth in subsection (a)(1).
[Pre-1996 Recodification Citations: 13-7-23-17 part; 13-7-23-20 part.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-8. Recovery of Costs and Damages

Sec. 8. The commissioner may proceed in the appropriate court to recover costs and damages from a person who:
(1) is responsible for the improper disposal of waste tires; and
(2) fails, without sufficient cause, to properly undertake a removal or remedial action under section 7 of this chapter.
[Pre-1996 Recodification Citations: 13-7-23-18 part; 13-7-23-20 part.]
As added by P.L.1-1996, SEC.10. Amended by P.L.93-1998, SEC.20.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-9.5. Disposal by Transfer Station Operators

Sec. 9.5. (a) Except as provided in rules adopted under subsection (c), an operator of a transfer station shall remove whole waste tires present in solid waste that is being transferred from a vehicle or container to another vehicle or container at the transfer station.
(b) Whole waste tires removed by an operator of a transfer station under subsection (a) shall be disposed of as provided in this chapter.
(c) The board shall adopt rules that allow for the incidental transfer of small amounts of whole waste tires under subsection (a).
(d) The rules adopted under subsection (c) may allow a transfer station operator to meet the requirements of the rule by employing procedures designed to achieve the objectives of subsection (c) in lieu of a numeric standard.
As added by P.L.123-1996, SEC.14. Amended by P.L.133-2012, SEC.147.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 14. Disposal of Waste Tires › 13-20-14-10. Disposal at a Mineral Extraction Operation

Sec. 10. A person may dispose of a whole waste tire at a land excavation associated with a mineral extraction operation if the:
(1) person:
(A) owns the whole waste tire; and
(B) owns or leases the disposal site; and
(2) waste tire:
(A) has a:
(i) bead width of at least fourteen (14) inches; and
(ii) rim or wheel diameter of at least twenty-four (24) inches;
(B) was used on:
(i) an off-road construction or mining vehicle; or
(ii) off-road construction or mining equipment; and
(C) is buried under at least twenty-five (25) feet of compacted cover.
As added by P.L.132-1997, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 15. Regulation of Polychlorinated Biphenyls and Terphenyls › 13-20-15-1. Administration and Implementation of Chapter; Rules

Sec. 1. The department shall administer and implement this chapter to protect the public health, safety, and welfare from the toxic effects and environmental dangers of PCB. The board shall adopt the rules required by this chapter under IC 4-22-2 and IC 13-14-9.
[Pre-1996 Recodification Citation: 13-7-16.5-2.]
As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.148.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 15. Regulation of Polychlorinated Biphenyls and Terphenyls › 13-20-15-2. Sale, Manufacture, or Use of Pcb Compound Prohibited; Maximum Concentrations; Exception; Exemption

Sec. 2. (a) Except as provided in subsections (e) and (f), a person may not:
(1) sell; or
(2) manufacture for sale;
in Indiana the compound PCB.
(b) Except as provided in subsections (c), (d), (e), and (f), a person may not:
(1) sell;
(2) manufacture for sale; or
(3) use;
an item, a product, or a material in the person's business in Indiana if the item, product, or material contains a concentration of PCB equal to or greater than one hundred (100) ppm.
(c) The board may adopt rules to prescribe a lower maximum concentration of PCB for a specific item, product, or material if the board finds the one hundred (100) ppm concentration provided in subsection (b) to be inadequate to protect the public health, safety, and welfare from the toxic dangers of the PCB contained in the item, product, or material.
(d) An item, a product, or a material for which a lower maximum concentration of PCB is prescribed by federal law or regulation may not contain a concentration of PCB higher than the federal maximum.
(e) PCB or an item, a product, or a material containing PCB may be:
(1) manufactured;
(2) sold for use; or
(3) used;
in Indiana if the PCB or item is used in a closed system as a dielectric fluid for an electric transformer or capacitor under rules adopted by the board to insure the public health, safety, and welfare.
(f) An item, a product, or a material containing PCB may be:
(1) manufactured for sale;
(2) sold for use; or
(3) used;
in a business in Indiana under an exemption certificate issued by the commissioner under section 3 of this chapter or IC 13-7-16.5-4 (before its repeal).
[Pre-1996 Recodification Citation: 13-7-16.5-3.]
As added by P.L.1-1996, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 20. Solid Waste Management › Chapter 15. Regulation of Polychlorinated Biphenyls and Terphenyls › 13-20-15-3. Exemption Certificate; Application; Scope; Conditions

Sec. 3. (a) A person may apply to the commissioner for an exemption certificate on forms provided by the department. The department may require additional information or materials to accompany the application as considered necessary for an accurate evaluation of the application.
(b) The commissioner, according to rules adopted by the board, may grant an exemption for an item, a product, or a material:
(1) manufactured for sale;
(2) sold for use; or
(3) used by the person;
in the person's business if the item, product, or material contains incidental concentrations of PCB.
(c) In granting a certificate of exemption, the commissioner shall impose conditions on the exemption so that the exemption covers only incidental concentrations of PCB.
[Pre-1996 Recodification Citation: 13-7-16.5-4(a), (b), (d).]
As added by P.L.1-1996, SEC.10.