reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 1. Effect of Recodification by the Act of the 1996 Regular Session of the General Assembly › 13-12-1-5. Repealed or Replaced Statutes and Rules

Sec. 5. Subject to section 8 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1996 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.
[1996 Recodification Citations: New.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 1. Effect of Recodification by the Act of the 1996 Regular Session of the General Assembly › 13-12-1-6. Inclusion of Prior Statutes

Sec. 6. A citation reference in the recodification act of the 1996 regular session of the general assembly to another provision of the recodification act of the 1996 regular session of the general assembly shall be treated as including a reference to the provision of prior environmental law that is substantively equivalent to the provision of the recodification act of the 1996 regular session of the general assembly that is referred to by the citation reference.
[1996 Recodification Citations: New.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 1. Effect of Recodification by the Act of the 1996 Regular Session of the General Assembly › 13-12-1-7. Rules

Sec. 7. (a) As used in the recodification act of the 1996 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 1996 regular session of the general assembly refers to either:
(1) rules adopted under the recodification act of the 1996 regular session of the general assembly; or
(2) rules adopted under the prior environmental law until those rules have been amended, repealed, or superseded.
(b) Rules adopted under the prior environmental law continue in effect after June 30, 1996, until the rules are amended, repealed, or suspended.
[1996 Recodification Citations: New.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 1. Effect of Recodification by the Act of the 1996 Regular Session of the General Assembly › 13-12-1-8. Inclusion or Omission of Prior Statutes; Aid to Reader; Effect on Grants of Authority

Sec. 8. (a) A reference in the recodification act of the 1996 regular session of the general assembly to a citation in the prior environmental law before its repeal is added in certain sections of the recodification act of the 1996 regular session of the general assembly only as an aid to the reader.
(b) The inclusion or omission in the recodification act of the 1996 regular session of the general assembly of a reference to a citation in the prior environmental law before its repeal does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;
(6) any tax levies made;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of contracts or leases executed; or
(10) the validity, continuation, scope, termination, suspension, or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority;
before the effective date of the recodification act of the 1996 regular session of the general assembly (July 1, 1996). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, licenses, permits, certificates of registration, and other grants of authority continue and shall be imposed and enforced under prior environmental law as if the recodification act of the 1996 regular session of the general assembly had not been enacted.
(c) The inclusion or omission in the recodification act of the 1996 regular session of the general assembly of a citation to a provision in the prior environmental law does not affect the use of a prior conviction, violation, or noncompliance under the prior environmental law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 1996 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 1996 regular session of the general assembly in a manner that does not result in a substantive change in the law.
[1996 Recodification Citations: New.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 2. Statutory Construction › 13-12-2-1. Liberal Construction

Sec. 1. Being necessary for the public health, safety, and welfare, this title shall be liberally construed to effectuate the purposes of this title.
[Pre-1996 Recodification Citation: 13-7-16-9.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 2. Statutory Construction › 13-12-2-2. Effect of Amendment of Ic 13-11-2-265(b) by p.l.183-2002

Sec. 2. The amendment of IC 13-11-2-265(b) by P.L.183-2002 applies retroactively to July 1, 1996. By its amendment of IC 13-11-2-265(b), the general assembly intends that there be no substantive difference in the law as amended by P.L.183-2002 and the law as it was constituted before the recodification of this title by enactment of P.L.1-1996.
As added by P.L.220-2011, SEC.278.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 3. Environmental Policy › 13-12-3-1. Purpose

Sec. 1. The purpose of this title is:
(1) to provide for evolving policies for comprehensive environmental development and control on a statewide basis;
(2) to unify, coordinate, and implement programs to provide for the most beneficial use of the resources of Indiana; and
(3) to preserve, protect, and enhance the quality of the environment so that, to the extent possible, future generations will be ensured clean air, clean water, and a healthful environment.
[Pre-1996 Recodification Citation: 13-7-1-1(a).]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 3. Environmental Policy › 13-12-3-2. Remediation and Closure Goals, Objectives, and Standards for Certain Remediation Projects

Sec. 2. (a) The remediation and closure goals, objectives, and standards for all remediation projects conducted under IC 13-22, IC 13-23, IC 13-24, and IC 13-25-4 shall be consistent with the remediation objectives set forth in IC 13-25-5-8.5, regardless of whether the remediation project begins before July 1, 2009, or after June 30, 2009.
(b) The groundwater quality standards adopted under IC 13-18-17-5 shall allow, as appropriate, groundwater remediations to be consistent with the remediation objectives set forth in IC 13-25-5-8.5.
As added by P.L.224-1999, SEC.1. Amended by P.L.78-2009, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-1. Purposes of Chapter

Sec. 1. The purposes of this chapter are the following:
(1) To declare a state policy that will encourage productive and enjoyable harmony between humans and the environment.
(2) To promote efforts that will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of humans.
(3) To enrich the understanding of the ecological systems and natural resources important to Indiana.
[Pre-1996 Recodification Citation: 13-1-10-1.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-2. Legislative Findings

Sec. 2. The general assembly recognizes the following:
(1) The profound impact of human activity on the interrelations of all components of the natural environment, particularly the profound influences of the following:
(A) Population growth.
(B) High-density urbanization.
(C) Industrial expansion.
(D) Resource exploitation.
(E) New and expanding technological advances.
(2) The critical importance of restoring and maintaining environmental quality to the overall welfare and development of humans.
(3) That each person should enjoy a healthful environment.
(4) That each person has a responsibility to contribute to the preservation and enhancement of the environment.
[Pre-1996 Recodification Citation: 13-1-10-2(a) part, (c).]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-3. Policy Statement

Sec. 3. The general assembly declares that it is the continuing policy of the state, in cooperation with the federal and local governments and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to do the following:
(1) Foster and promote the general welfare.
(2) Create and maintain conditions under which humans and nature can exist in productive harmony.
(3) Fulfill the social, economic, and other requirements of present and future generations of Indiana citizens.
[Pre-1996 Recodification Citation: 13-1-10-2(a) part.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-4. State Responsibilities

Sec. 4. To carry out the policy set forth in this chapter, it is the continuing responsibility of the state to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate state plans, functions, programs, and resources to the end that the state may do the following:
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations.
(2) Assure for all citizens of Indiana safe, healthful, productive, and esthetically and culturally pleasing surroundings.
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences.
(4) Preserve important historic, cultural, and natural aspects of our national heritage and maintain, wherever possible, an environment that supports diversity and variety of individual choice.
(5) Achieve a balance between population and resource use that will permit high standards of living and a wise sharing of life's amenities.
(6) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
[Pre-1996 Recodification Citation: 13-1-10-2(b).]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-5. Directives

Sec. 5. To the fullest extent possible:
(1) the policies, rules, and statutes of the state shall be interpreted and administered in accordance with the policies set forth in this chapter; and
(2) all state agencies shall do the following:
(A) Use a systematic, interdisciplinary approach that will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and decision making that may have an impact on the environment.
(B) Identify and develop methods and procedures that will ensure that unquantified environmental amenities and values may be given appropriate consideration in decision making along with economic and technical considerations.
(C) Include in every recommendation or report on proposals for legislation and other major state actions significantly affecting the quality of the human environment a detailed statement by the responsible official on the following:
(i) The environmental impact of the proposed action.
(ii) Any adverse environmental effects that cannot be avoided should the proposal be implemented.
(iii) Alternatives to the proposed action.
(iv) The relationship between local short term uses of the environment and the maintenance and enhancement of long term productivity.
(v) Any irreversible and irretrievable commitments of resources that would be involved if the proposed action should be implemented.
Before making a detailed statement, the responsible state official shall consult with and obtain the comments of each state agency that has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of the statement and the comments and views of the appropriate federal, state, and local agencies that are authorized to develop and enforce environmental standards shall be made available to the governor and to the public and must accompany the proposal through the agency review processes. The board shall by rule define the actions that constitute a major state action significantly affecting the quality of the human environment.
(D) Study, develop, and describe appropriate alternatives to recommend courses of action in any proposal that involves unresolved conflicts concerning alternative uses of available resources.
(E) Recognize the long range character of environmental problems and, where consistent with the policy of the state, lend appropriate support to initiatives, resolutions, and programs designed to maximize state cooperation in anticipating and preventing a decline in the quality of the environment.
(F) Make available to counties, municipalities, institutions, and individuals advice and information useful in restoring, maintaining, and enhancing the quality of the environment.
(G) Initiate and use ecological information in the planning and development of resource oriented projects.
[Pre-1996 Recodification Citation: 13-1-10-3.]
As added by P.L.1-1996, SEC.2. Amended by P.L.133-2012, SEC.71.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-6. Review of Authority, Rules, Policies, and Procedure by State Agencies

Sec. 6. All state agencies shall review their:
(1) statutory authority;
(2) administrative rules; and
(3) current policies and procedures;
to determine whether there are any deficiencies or inconsistencies that prohibit full compliance with the purposes and provisions of this chapter.
[Pre-1996 Recodification Citation: 13-1-10-4.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-7. Statutory Obligations of State Agencies Unaffected

Sec. 7. Sections 5 and 6 of this chapter do not affect the specific statutory obligations of any state agency to do any of the following:
(1) Comply with criteria or standards of environmental quality.
(2) Coordinate or consult with any other federal or state agency.
(3) Act or refrain from acting contingent upon the recommendations or certification of any other federal or state agency.
[Pre-1996 Recodification Citation: 13-1-10-5.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-8. Impact Statements Not Required for License

Sec. 8. This chapter may not be construed to require an environmental impact statement for the issuance of a license or permit by any state agency.
[Pre-1996 Recodification Citation: 13-1-10-6.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-9. Supplementary Effect of Chapter

Sec. 9. Policies and goals set forth in this chapter supplement those policies and goals set forth in other authorizations of state agencies.
[Pre-1996 Recodification Citation: 13-1-10-7.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 4. Environmental Impact Statements › 13-12-4-10. Federal Environmental Impact Statements

Sec. 10. Any state agency that is required by the federal National Environmental Policy Act (P.L. 91-190) (42 U.S.C. 4321 et seq.) to file a federal environmental impact statement is not required to file a statement with the state government as provided under sections 5 and 6 of this chapter unless the action contemplated requires state legislation or state appropriations.
[Pre-1996 Recodification Citation: 13-1-10-8.]
As added by P.L.1-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 5. State Environmental Protection Hierarchy › 13-12-5-1. Approaches to Environmental Protection

Sec. 1. The general assembly recognizes that there are two (2) approaches to environmental protection:
(1) clean manufacturing; or
(2) waste management, which is also known as pollution control.
[Pre-1996 Recodification Citation: 13-1-10.1-1.]
As added by P.L.1-1996, SEC.2. Amended by P.L.124-1997, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 5. State Environmental Protection Hierarchy › 13-12-5-2. Clean Manufacturing

Sec. 2. Clean manufacturing consists of economically feasible practices that reduce, avoid, or eliminate the unnecessary use of harmful industrial materials and the generation of industrial wastes, pollutants, emissions, and discharges at the point of production. Clean manufacturing practices are limited to the following:
(1) Product reformulation.
(2) Input substitution.
(3) Equipment redesign.
(4) Improved operations and procedures.
[Pre-1996 Recodification Citation: 13-1-10.1-2.]
As added by P.L.1-1996, SEC.2. Amended by P.L.124-1997, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 5. State Environmental Protection Hierarchy › 13-12-5-3. Waste Management or Pollution Control

Sec. 3. Waste management or pollution control consists of environmental protection practices employed after industrial wastes, pollutants, discharges, and emissions have been generated. Waste management or pollution control practices include the following:
(1) Waste storage and waste transportation.
(2) Waste treatment, including the following:
(A) Detoxification.
(B) Incineration.
(C) Biological treatment.
(3) Land disposal of wastes.
(4) Recycling.
(5) Burning waste as fuels.
(6) Dispersal of waste into air or water.
(7) Dewatering of waste.
[Pre-1996 Recodification Citation: 13-1-10.1-3.]
As added by P.L.1-1996, SEC.2. Amended by P.L.124-1997, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 5. State Environmental Protection Hierarchy › 13-12-5-4. Preferred Approach

Sec. 4. The general assembly recognizes the following:
(1) That clean manufacturing is:
(A) the most reliable and effective form of environmental protection; and
(B) the preferred approach to environmental protection.
(2) That wastes, pollutants, emissions, or discharges that have not been avoided or eliminated by means of clean manufacturing at the point of production should be managed or controlled in a manner that has the least adverse impact on human health and the environment.
[Pre-1996 Recodification Citation: 13-1-10.1-4.]
As added by P.L.1-1996, SEC.2. Amended by P.L.124-1997, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 12. General Provisions › Chapter 6. Criminal Liability of Corporate Officers › 13-12-6-1. Criminal Liability of Corporate Officers for Environmental Offenses

Sec. 1. A responsible corporate officer who knowingly, intentionally, or recklessly aids, induces, or causes another person to commit an offense under this title commits that offense, even if the other person:
(1) has not been prosecuted for the offense;
(2) has not been convicted of the offense; or
(3) has been acquitted of the offense.
As added by P.L.137-2007, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 2. Commissioner of Department › 13-13-2-1. Appointment; Term; Compensation; Delegation of Authority

Sec. 1. (a) The governor shall appoint an individual with appropriate training and experience as commissioner of the department. The commissioner:
(1) is the executive and chief administrative officer of the department; and
(2) may delegate authority to appropriate department staff.
(b) The commissioner:
(1) serves at the governor's pleasure; and
(2) is entitled to receive compensation in an amount set by the governor, subject to approval by the budget agency.
[Pre-1996 Recodification Citation: 13-7-2-12(a), (b) part.]
As added by P.L.1-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 2. Commissioner of Department › 13-13-2-2. Appointments to Other Positions

Sec. 2. The commissioner shall appoint individuals to the other positions in the department.
[Pre-1996 Recodification Citation: 13-7-2-12(b) part.]
As added by P.L.1-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 2. Commissioner of Department › 13-13-2-3. Ad Hoc Group

Sec. 3. The commissioner may establish an ad hoc group to study and make recommendations regarding critical environmental issues. The ad hoc group may include the following:
(1) University representatives.
(2) Scientific research organizations.
(3) Public policy and research advisory organizations.
(4) Individuals from the private sector with experience in related disciplines.
[Pre-1996 Recodification Citation: 13-7-2-12(c), (d).]
As added by P.L.1-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 3. Offices and Divisions of Department › 13-13-3-1. Offices

Sec. 1. The department must include the following offices:
(1) An office dealing with environmental emergencies.
(2) An office for communications with the public.
(3) A hearings office, including the department's hearing officers.
(4) An office to conduct investigations.
[Pre-1996 Recodification Citation: 13-7-2-13(a).]
As added by P.L.1-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 3. Offices and Divisions of Department › 13-13-3-2. Divisions

Sec. 2. The department must include the following divisions:
(1) An air pollution control division.
(2) A water pollution control division.
(3) A solid waste management division.
(4) An administrative services division.
(5) A division of pollution prevention.
[Pre-1996 Recodification Citation: 13-7-2-13(b).]
As added by P.L.1-1996, SEC.3. Amended by P.L.114-2008, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 3. Offices and Divisions of Department › 13-13-3-3. Creation of Additional Offices and Divisions

Sec. 3. The commissioner may create other offices and divisions.
[Pre-1996 Recodification Citation: 13-7-2-13(c).]
As added by P.L.1-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 5. Designation of Department for Purposes of Federal Law › 13-13-5-1. Designation of Department as Agency

Sec. 1. Except as provided in IC 14-37, the department is designated as the following:
(1) The water pollution agency for Indiana for all purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in effect January 1, 1988, and the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j) in effect January 1, 1988.
(2) The solid waste agency for Indiana for all purposes of the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) in effect January 1, 1988.
(3) The air pollution control agency for Indiana for all purposes of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the federal Clean Air Act Amendments of 1990 (P.L.101-549).
(4) The state agency with responsibility concerning the Midwest Interstate Compact on Low-Level Radioactive Waste under IC 13-29-1.
(5) The state agency with responsibility concerning the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 through 9675) as in effect on January 1, 1993, and concerning 40 CFR 300.505, Subpart F of the National Oil and Hazardous Substances Pollution Contingency Plan.
(6) The state agency with responsibility concerning the federal Defense Environmental Restoration Program (10 U.S.C. 2701 through 2708) as in effect on January 1, 1993.
[Pre-1996 Recodification Citations: 13-1-4-2 part; 13-7-2-15(a).]
As added by P.L.1-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 5. Designation of Department for Purposes of Federal Law › 13-13-5-2. Authority of Department to Secure Benefits of Federal Acts for Indiana

Sec. 2. The department may take any action necessary to secure for Indiana the benefits of the statutes described in section 1 of this chapter.
[Pre-1996 Recodification Citations: 13-1-4-2 part; 13-7-2-15(b).]
As added by P.L.1-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 6. Repealed

[Pre-1996 Recodification Citations:
13-13-6-1formerly13-7-2-13.4(a), (b)13-13-6-2formerly13-7-2-13.4(c)13-13-6-3formerly13-7-2-13.4(d)13-13-6-4formerly13-7-2-13.4(e)13-13-6-5formerly13-7-2-13.4(f).]
Repealed by P.L.159-2011, SEC.49.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-2. Membership

Sec. 2. The panel consists of the following members:
(1) Two (2) members appointed by the president pro tempore of the senate who are members of the senate and who are owners of, or who have an interest in, a small business stationary source. Not more than one (1) of the members appointed under this subdivision may be members of the same political party.
(2) Two (2) members appointed by the speaker of the house of representatives who are members of the house of representatives and who are owners of, or who have an interest in, a small business stationary source. Not more than one (1) of the members appointed under this subdivision may be affiliated with the same political party.
(3) Two (2) members appointed by the governor to represent the public who are not members of the general assembly, owners of a small business stationary source, or representatives of owners of small business stationary sources. Not more than one (1) member appointed under this subdivision may be a solid waste management district director and not more than one (1) member appointed under this subdivision may be affiliated with the same political party.
(4) The commissioner or the commissioner's designee.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-3. Term of Membership

Sec. 3. The term of a member appointed to the panel is two (2) years. However, an appointing authority may replace a member at any time during the member's term.
As added by P.L.53-2014, SEC.119. Amended by P.L.85-2017, SEC.66.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-4. Vacancies

Sec. 4. If a vacancy occurs on the panel, the appointing authority for the vacating member shall appoint an individual to fill the unexpired term of the vacating member. A member appointed to fill a vacancy must meet the same qualifications specified under section 2 of this chapter for the vacating member.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-6. Chair

Sec. 6. The chairman of the legislative council shall appoint the chair of the panel from the members appointed under section 2(1) or 2(2) of this chapter. The chair of the panel serves at the pleasure of the chairman of the legislative council.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-7. Nonstate Employees; Reimbursement of Expenses; per Diem

Sec. 7. Each member of the panel who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member also is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-8. State Employees; Reimbursement of Expenses

Sec. 8. Each member of the panel who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-9. Legislative Members; per Diem; Reimbursement of Expenses

Sec. 9. Each member of the panel who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this section shall be paid from appropriations made to the legislative council or the legislative services agency.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-10. Number of Votes Necessary to Take Action

Sec. 10. The affirmative votes of a majority of the voting members appointed to the panel are required for the panel to take action on any measure, including final reports.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-11. Duties

Sec. 11. The panel shall carry out the duties required of a compliance advisory panel under Section 507 of the federal Clean Air Act (42 U.S.C. 7661f).
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-12. Staff Support

Sec. 12. The department shall provide administrative and technical support to the panel as provided in IC 13-28-3-2, including duties related to the development and dissemination of reports and advisory opinions.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 7.1. Compliance Advisory Panel › 13-13-7.1-13. Source of Payment of Expenses

Sec. 13. Except as provided in section 9 of this chapter, the expenses of the panel shall be paid from appropriations to the department.
As added by P.L.53-2014, SEC.119.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-2. Abolishes Boards

Sec. 2. (a) The following entities are abolished on January 1, 2013:
(1) The air pollution control board (established by IC 13-17-2 before its repeal).
(2) The water pollution control board (established by IC 13-18-1 before its repeal).
(3) The solid waste management board (established by IC 13-19-2 before its repeal).
(b) All powers, duties, and liabilities are transferred from the entities abolished under subsection (a) to the environmental rules board established by section 3 of this chapter effective January 1, 2013.
(c) On and after January 1, 2013, a reference to an entity abolished under subsection (a) in a statute or rule shall be treated as a reference to the environmental rules board.
(d) The rules adopted by the entities abolished under subsection (a) shall be treated, administered, and implemented as follows:
(1) The rules adopted before January 1, 2013, by the air pollution control board abolished under subsection (a)(1):
(A) shall be treated as though the rules were adopted by the environmental rules board; and
(B) shall be administered and implemented by the air pollution control division of the department described in IC 13-13-3-2(1).
(2) The rules adopted before January 1, 2013, by the water pollution control board abolished under subsection (a)(2):
(A) shall be treated as though the rules were adopted by the environmental rules board; and
(B) shall be administered and implemented by the water pollution control division of the department described in IC 13-13-3-2(2).
(3) The rules adopted before January 1, 2013, by the solid waste management board abolished under subsection (a)(3):
(A) shall be treated as though the rules were adopted by the environmental rules board; and
(B) shall be administered and implemented by the solid waste management division of the department described in IC 13-13-3-2(3).
(e) A member of an entity abolished under subsection (a) may serve until December 31, 2012. The initial members of the environmental rules board shall be appointed under section 4 of this chapter not later than December 31, 2012.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-4. Membership

Sec. 4. (a) The board consists of the following sixteen (16) members:
(1) The following ex officio members:
(A) The commissioner, or the commissioner's designee, who serves as a nonvoting member of the board.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(2) The following twelve (12) members, who shall be appointed by the governor based on recommendations from representative constituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) representative of small business.
(G) One (1) health professional who holds a license to practice in Indiana.
(H) One (1) representative of the solid waste management industry.
(I) One (1) representative of a public utility that engages in the production and transmission of electricity.
(J) One (1) representative of the residential or commercial construction industry.
(K) Two (2) representatives of the general public who cannot qualify for membership on the board under clauses (A) through (J).
(b) An individual appointed under subsection (a)(2) must possess knowledge, experience, or education qualifying the individual to represent the constituency the individual is being recommended to represent.
As added by P.L.133-2012, SEC.72. Amended by P.L.250-2019, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-5. Technical Representatives for Ex Officio Members

Sec. 5. Except as provided in section 4(a)(1)(A) of this chapter, an ex officio member of the board may designate in writing a technical representative to serve as a voting member of the board when the ex officio member is unable to attend a board meeting.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-7. Terms

Sec. 7. (a) An appointed member of the board serves a term of four (4) years.
(b) The term of each member of the board continues until a successor is appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board, the governor shall appoint a member not later than ninety (90) days after the vacancy occurs for the remainder of the unexpired term created by the vacancy. The board shall suspend the exercise of the board's duties if the vacancy has not been filled within ninety (90) days after the vacancy occurs.
(d) The governor may remove an appointed member of the board for cause. Cause includes the repeated failure to attend meetings.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-8. Compensation

Sec. 8. (a) Ex officio members of the board serve without additional compensation.
(b) Each appointed member of the board is entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties, as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(c) The per diem salary and mileage reimbursement are valid claims against the department.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-9. Quorum

Sec. 9. Eight (8) members of the board, five (5) of whom must be appointed members of the board, constitute a quorum. A quorum must be present to transact business at a meeting of the board. Meetings of the board are subject to the public meeting requirements under IC 5-14-1.5.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-10. Chairperson and Vice Chairperson

Sec. 10. The governor shall annually select:
(1) one (1) of the appointed members of the board to serve as chairperson; and
(2) another of the appointed members to serve as vice chairperson.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-11. Disclosure of Conflicts of Interest

Sec. 11. Each member of the board shall fully disclose any potential conflicts of interest relating to permits or enforcement orders under the:
(1) federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990;
(2) federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.);
(3) federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 through 9675);
(4) federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
(5) federal Safe Drinking Water Act (42 U.S.C. 300f through 300j).
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-12. Technical Secretary

Sec. 12. (a) The board shall select, from a list of three (3) qualified individuals recommended by the governor, an independent third party who is not an employee of the state to serve as technical secretary of the board.
(b) Between meetings of the board, the department shall do the following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed by the board.
(c) The technical secretary shall review all materials prepared for the board by the department to make any necessary revisions. Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the technical secretary. The technical secretary is not a voting member of the board.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-13. Legal Counsel

Sec. 13. (a) The board may select, from a list of three (3) qualified individuals recommended by the governor, an independent third party who is not an employee of the state to serve as legal counsel.
(b) The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arising from the exercise of the board's duties.
(2) Review all materials prepared for the board by the department for legal accuracy and sufficiency and direct the department to make any necessary revisions.
(c) Provisions of this chapter concerning terms of appointment, vacancies, and compensation of appointed board members apply to the legal counsel. The legal counsel is not a voting member of the board.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 13. Department of Environmental Management › Chapter 8. Environmental Rules Board › 13-13-8-14. Advisory Committees

Sec. 14. The board may establish advisory committees for the purpose of giving advice on any matters pertaining to the business of the board. A member appointed to an advisory committee shall serve at the pleasure of the board and is not entitled to a salary, per diem, or reimbursement of expenses.
As added by P.L.133-2012, SEC.72.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-1. Repealed

[Pre-1996 Recodification Citation: 13-7-3-2.5.]
As added by P.L.1-1996, SEC.4. Repealed by P.L.37-2012, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-2. Program of Continuing Surveillance and Inspection

Sec. 2. The department shall conduct a program of continuing surveillance and inspection of the following:
(1) Solid waste management sites.
(2) Actual or threatened sources of environmental pollution by contamination, radiation, odor, or noise.
[Pre-1996 Recodification Citation: 13-7-3-3.]
As added by P.L.1-1996, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-3. Assurance of Accomplishment of Programs Established

Sec. 3. The department shall assure accomplishment of the comprehensive, long term programs established by the board.
[Pre-1996 Recodification Citation: 13-7-3-4.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.73.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-4. Compliance With Standards and Rules

Sec. 4. The department shall procure compliance with standards and rules adopted by the board.
[Pre-1996 Recodification Citation: 13-7-3-5.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.74.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-5. Public Awareness and Participation

Sec. 5. The department shall develop and implement a program of public awareness and participation to assure maximum citizen involvement in the evolution and continuation of the environmental programs of the state.
[Pre-1996 Recodification Citation: 13-7-3-6.]
As added by P.L.1-1996, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-6. Solid Waste Recycling and Source Reduction; Educational Programs

Sec. 6. (a) The department shall, in cooperation with other state agencies, establish programs to educate:
(1) students;
(2) consumers; and
(3) businesses;
about the benefits of solid waste recycling and source reduction.
(b) To implement the programs established under subsection (a), the department shall, subject to section 11.5 of this chapter, develop guidance documents and technical assistance programs.
[Pre-1996 Recodification Citation: 13-7-3-6.1.]
As added by P.L.1-1996, SEC.4. Amended by P.L.261-1999, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-7. Proposed Budget; Preparation

Sec. 7. The commissioner shall prepare the proposed budget of the department and the board.
[Pre-1996 Recodification Citation: 13-7-3-7.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.75.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-8. Financing Structure; Proposal

Sec. 8. The commissioner may propose financing a structure to the board.
[Pre-1996 Recodification Citation: 13-7-3-8.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.76.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-9. Permits, Licenses, Orders, and Variances; Issuance

Sec. 9. (a) The commissioner shall issue permits, licenses, orders, and variances as authorized by:
(1) this title;
(2) other statutes; and
(3) rules of the board.
(b) If the commissioner is notified by the department of state revenue that a person is on the most recent tax warrant list, the commissioner may not issue a permit or license to the applicant until:
(1) the applicant provides a statement to the commissioner from the department of state revenue indicating that the applicant's tax warrant has been satisfied; or
(2) the commissioner receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).
[Pre-1996 Recodification Citation: 13-7-3-9.]
As added by P.L.1-1996, SEC.4. Amended by P.L.172-2011, SEC.113; P.L.133-2012, SEC.77.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-10. Programs and Facilities; Assistance to Local Units

Sec. 10. The department shall encourage and assist units of local government in developing programs and facilities for the following:
(1) Air, water, radiation, odor, and noise pollution control.
(2) Wastewater treatment.
(3) Water resource development.
(4) Solid waste management.
[Pre-1996 Recodification Citation: 13-7-3-10.]
As added by P.L.1-1996, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-11. Operating Policies

Sec. 11. The department shall follow the operating policies established in rules adopted by the boards.
[Pre-1996 Recodification Citation: 13-7-3-11.]
As added by P.L.1-1996, SEC.4.