reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-7. Orders to Acquire, Construct, Repair, Alter, or Extend Plants

Sec. 7. The commissioner may order any person to acquire, construct, repair, alter, or extend the plants that are necessary for the disposal or treatment of organic or inorganic matter that is:
(1) causing;
(2) contributing to; or
(3) about to cause or contribute to;
a polluted condition of the waters of Indiana.
[Pre-1996 Recodification Citation: 13-1-3-5(b) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-8. Sealing of Mines and Wells

Sec. 8. The commissioner may require the sealing of mines, oil and gas wells, brine wells, or any other subterranean strata that are:
(1) causing;
(2) contributing to; or
(3) about to cause or contribute to;
a polluted condition of the waters of Indiana.
[Pre-1996 Recodification Citation: 13-1-3-5(b) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-9. Entry Upon Property; Purposes

Sec. 9. The department may, through any authorized agent, enter at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions relating to the pollution of any water of Indiana.
[Pre-1996 Recodification Citation: 13-1-3-6 part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-10. Assistance From Other State Departments, Agencies, or Institutions

Sec. 10. The department may call upon:
(1) any state officer, board, department, or other state institution; and
(2) the officers or employees of an individual entity described in subdivision (1);
for any assistance necessary to carry out the water pollution control laws.
[Pre-1996 Recodification Citation: 13-1-3-6 part.]
As added by P.L.1-1996, SEC.8. Amended by P.L.233-2015, SEC.25.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-11. Liberal Construction

Sec. 11. Since the water pollution control laws are necessary for the public health, safety, and welfare, the water pollution control laws shall be liberally construed to effectuate the purposes of the water pollution control laws.
[Pre-1996 Recodification Citation: 13-1-3-17.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-12. Adoption of Rules Waiving Requirement of Submission of Plans

Sec. 12. The board shall adopt rules providing that whenever a person submits plans to a unit concerning the design or construction of:
(1) a sanitary sewer or public water main, if:
(A) a professional engineer who is registered under IC 25-31 prepared the plans;
(B) the unit provided for review of the plans by a qualified engineer and subsequently approved the plans; and
(C) all other requirements specified in rules adopted by the board are met; or
(2) a sanitary sewer extension for and within a subdivision, if:
(A) a qualified professional surveyor who is registered under IC 25-21.5 prepared the plans;
(B) the subdivision is being laid out or having been laid out by the professional surveyor subject to IC 25-21.5-7;
(C) the unit provided for review of the plans by a qualified engineer and subsequently approved the plans; and
(D) all other requirements specified in rules adopted by the board are met;
the plans are not required to be submitted to any state agency for a permit, permission, or review, unless required by federal law.
As added by P.L.104-1998, SEC.1. Amended by P.L.241-1999, SEC.1; P.L.133-2012, SEC.127; P.L.57-2013, SEC.10; P.L.113-2014, SEC.70.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-13. Violation of Storm Water Runoff Rules

Sec. 13. If a violation of 327 IAC 15-5 occurs, the department shall determine which person is responsible for committing the violation. In making this determination, the department shall, if appropriate, consider:
(1) public records of ownership;
(2) building permits issued by local units of government; or
(3) other relevant information.
The department's determination to proceed against a person responsible for committing a violation must be based on the specific facts and circumstances related to a particular violation.
As added by P.L.161-1999, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-14. Outstanding State Resource Water Improvement Fund; Report

Sec. 14. (a) The outstanding state resource water improvement fund is established. All money collected under section 2 of this chapter and any money accruing to the fund are continuously appropriated to the fund to carry out the purposes of section 2 of this chapter. Money in the fund at the end of a state fiscal year does not revert to the state general fund, unless the outstanding state resource water improvement fund is abolished.
(b) The outstanding state resource water improvement fund shall be administered as follows:
(1) The fund may be used by the department of environmental management to fund projects that will lead to overall improvement to the water quality of the affected outstanding state resource water.
(2) The treasurer of state may invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(3) Any interest received accrues to the fund.
(4) The expenses of administering the fund shall be paid from the fund.
(c) If money is disbursed from the outstanding state resource water improvement fund in the previous state fiscal year or the commissioner determines that the fund had a positive balance at the close of the previous state fiscal year, the commissioner shall submit a status report on the fund to the interim study committee on environmental affairs established by IC 2-5-1.3-4, in an electronic format under IC 5-14-6, before November 1. The report must include the following information:
(1) Plans for the use and implementation of the outstanding state resource water improvement fund.
(2) The balance in the fund.
As added by P.L.140-2000, SEC.21. Amended by P.L.78-2009, SEC.17; P.L.53-2014, SEC.125; P.L.130-2018, SEC.64.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 3. Powers and Duties Concerning Water Pollution Control › 13-18-3-15. Terms and Conditions of Npdes General Permits

Sec. 15. (a) Subject to subsection (c), the board shall amend 327 IAC 5 and 327 IAC 15 to eliminate:
(1) the requirement that NPDES general permit terms and conditions be contained in a rule; and
(2) the terms and conditions of each NPDES general permit that is:
(A) contained in that article; and
(B) in effect on the effective date of this section.
(b) The department may develop and issue NPDES general permits in accordance with 40 CFR 122.28.
(c) After 327 IAC 5 and 327 IAC 15 are amended under subsection (a), the terms and conditions of an NPDES general permit under that article as they existed before the amendment remain in effect and are binding on any person regulated under the NPDES general permit until the person submits a notice of intent to be covered by an NPDES general permit developed and issued under subsection (b).
(d) Any person regulated under an NPDES general permit on the effective date of the amendment required by subsection (a) must:
(1) submit a notice of intent described in subsection (c) not later than ninety (90) days after the department makes the form of the notice of intent available to the person; or
(2) apply for an NPDES individual permit under 327 IAC 5 to maintain permit coverage required under the Clean Water Act.
(e) This section does not affect the authority of the board to adopt rules that authorize NPDES general permits.
As added by P.L.81-2011, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 4. Restrictions on Pollution of Water › 13-18-4-1. Water Qualities and Properties Indicating Pollution

Sec. 1. The board may adopt rules under IC 4-22-2 to determine what qualities and properties of water indicate a polluted condition of the water in any of the streams or waters of Indiana:
(1) that is deleterious to:
(A) the public health; or
(B) the prosecution of any industry or lawful occupation for which or in which any waters may be lawfully used or employed;
(2) by which any agricultural, floricultural, or horticultural pursuit may be or is injuriously affected;
(3) by which the lawful conduct of any livestock industry or the use of any waters for domestic animals may be prevented, injuriously affected, or impaired;
(4) by which any lawful use of any waters by the state or by any person may be lessened or impaired or materially interfered with; or
(5) by which:
(A) any fish life or any beneficial animal or vegetable life in the waters may be destroyed; or
(B) the growth or propagation of fish life or beneficial animal or vegetable life in the water is prevented or injuriously affected.
[Pre-1996 Recodification Citation: 13-1-3-7(a).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 4. Restrictions on Pollution of Water › 13-18-4-2. Filing of Rules and Determinations

Sec. 2. A rule or determination made by the board or the commissioner under sections 1 through 4 of this chapter shall be filed of record in the office of the department.
[Pre-1996 Recodification Citation: 13-1-3-7(b).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 4. Restrictions on Pollution of Water › 13-18-4-3. Rules Restricting Polluting Content Discharged Into Streams

Sec. 3. The board may adopt rules restricting the polluting content of any waste material and polluting substances discharged or sought to be discharged into any of the streams or waters of Indiana.
[Pre-1996 Recodification Citation: 13-1-3-7(c).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 4. Restrictions on Pollution of Water › 13-18-4-4. Prevention of Unreasonable Pollution and Against Public Interest

Sec. 4. The commissioner may take appropriate steps to prevent any pollution that is determined to be unreasonable and against public interests in view of the condition in any stream or other waters of Indiana.
[Pre-1996 Recodification Citation: 13-1-3-7(d).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 4. Restrictions on Pollution of Water › 13-18-4-5. Unlawful Discharge of Deleterious Substances; Land Application of Fertilizer

Sec. 5. (a) Except as provided in subsection (b), a person may not:
(1) throw, run, drain, or otherwise dispose; or
(2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed;
into any of the streams or waters of Indiana any organic or inorganic matter that causes or contributes to a polluted condition of any of the streams or waters of Indiana, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.
(b) Subsection (a) does not apply to organic or inorganic matter that consists of fertilizer material contained in:
(1) runoff from a storm event; or
(2) irrigation return flow;
entering the waters of Indiana as a result of land application of fertilizer material in compliance with rules adopted by the state chemist under IC 15-16-2-44.
(c) The department shall request documentation of compliance with subsection (b) before a notice of violation can be issued.
(d) A person has thirty (30) days to submit documentation after receiving a request under subsection (c).
(e) The department may issue a notice of violation for failure to comply with subsection (d). No notice of violation can be issued if the department determines that a person complied with subsection (b).
(f) Before the rules for land application of fertilizer materials adopted under IC 15-16-2-44 by the state chemist take effect, a person may meet the requirements under subsection (b) if the person maintains documentation of compliance with:
(1) the conditions for land application of manure requirements under IC 13-18-10; or
(2) the National Resources Conservation Services land application standards.
(g) Subsection (b) does not affect liability for killing wild animals under IC 14-22-10-6.
[Pre-1996 Recodification Citation: 13-1-3-8.]
As added by P.L.1-1996, SEC.8. Amended by P.L.189-2011, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 4. Restrictions on Pollution of Water › 13-18-4-6. Notice of Violation; Service; Contents

Sec. 6. (a) Whenever the commissioner determines that a person:
(1) is violating; or
(2) is about to violate;
section 5 of this chapter, the department shall serve notice of the commissioner's determination on the person in accordance with IC 13-14-2-1.
(b) The commissioner shall include in the notice an order against the person to:
(1) cease the violation; and
(2) abate the condition of pollution;
fixing in the order a reasonable time within which the correction and abatement must take place.
(c) Proceedings concerning an order issued under this section are governed by IC 4-21.5.
[Pre-1996 Recodification Citation: 13-1-3-8.1.]
As added by P.L.1-1996, SEC.8. Amended by P.L.263-2013, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 4. Restrictions on Pollution of Water › 13-18-4-7. Mixing Zones

Sec. 7. (a) Notwithstanding any rules of the board, the commissioner shall allow for a mixing zone in permits that involve a discharge into Lake Michigan if the applicant can demonstrate to the commissioner that the mixing zone will not cause harm to human health or aquatic life.
(b) For mixing zones allowed under subsection (a), surface water quality standards for bioaccumulative chemicals of concern shall be applied to the undiluted discharge, rather than at a point outside the mixing zone.
[Pre-1996 Recodification Citation: 13-1-3-20.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 4. Restrictions on Pollution of Water › 13-18-4-8. Discharge Induced Mixing Permits

Sec. 8. In issuing permits authorizing discharge induced mixing, the commissioner shall allow for mixing initiated by the use of:
(1) submerged, high rate diffuser outfall structures; or
(2) the functional equivalent of submerged, high rate diffuser outfall structures;
that provide turbulent initial mixing and minimize organism exposure times.
[Pre-1996 Recodification Citation: 13-1-3-21(b).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 5. Release of Hazardous Materials › 13-18-5-1. Rules Regarding Secondary Containment Structures at Storage or Transfer Facilities; Release Contingency Plans

Sec. 1. The board shall adopt rules under IC 4-22-2 to require the following:
(1) The construction or installation of secondary containment structures at facilities in which hazardous materials are stored or transferred for the purpose of preventing released hazardous materials from entering surface water or groundwater.
(2) The development by the owner or operator of each facility at which hazardous materials are stored or handled of a plan for responding to the release of a hazardous material at that facility.
(3) The rules must be consistent with applicable safety and fire code laws.
[Pre-1996 Recodification Citation: 13-1-3-19(d).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 5. Release of Hazardous Materials › 13-18-5-2. Exemptions

Sec. 2. The rules adopted under section 1 of this chapter must provide exemptions for the following:
(1) A facility that is subject to similar requirements under other administrative rules or under state law, federal law, or federal regulations.
(2) Hazardous materials that are stored or transferred as products packaged for distribution to and use by the public.
(3) An above ground storage tank that:
(A) is used to store oils or petroleum products; and
(B) has a capacity of not more than six hundred sixty (660) gallons.
(4) Tanks subject to regulations adopted by the administrator of the United States Environmental Protection Agency under 42 U.S.C. 6991 through 6991i, as amended.
(5) Tanks subject to IC 13-23.
[Pre-1996 Recodification Citation: 13-1-3-19(e).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 6. Repealed

[Pre-1996 Recodification Citations:
13-18-6-1formerly13-1-3-22(a)13-18-6-2formerly13-1-3-22(f)13-18-6-3formerly13-1-3-22(g).]
Repealed by P.L.127-1997, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 7. Plans for Abatement or Correction › 13-18-7-1. Approval by Commissioner

Sec. 1. The commissioner must approve all plans and specifications for abatement or correction of any polluted condition.
[Pre-1996 Recodification Citation: 13-1-3-10 part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 7. Plans for Abatement or Correction › 13-18-7-2. Advice and Consultation by Department

Sec. 2. The department shall advise and consult, on request, with any person planning any correction or prevention of any pollution condition of any water of Indiana.
[Pre-1996 Recodification Citation: 13-1-3-10 part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-1. Final Order

Sec. 1. A person upon whom a final order is served under the water pollution control laws shall take the steps that are necessary to comply with the final order.
[Pre-1996 Recodification Citation: 13-1-3-12(a) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-2. Compliance by Municipality; Bond Issue

Sec. 2. (a) If the offender is a municipal corporation, the cost of:
(1) acquisition, construction, repair, alteration, or extension of the necessary plants, machinery, or works; or
(2) taking other steps that are necessary to comply with the order;
shall be paid out of money on hand available for these purposes or out of the general money of the municipal corporation not otherwise appropriated.
(b) If there is not sufficient money on hand or unappropriated, the necessary money shall be raised by the issuance of bonds. The bond issue is subject only to the approval of the department of local government finance (before July 1, 2008).
[Pre-1996 Recodification Citation: 13-1-3-12(a) part.]
As added by P.L.1-1996, SEC.8. Amended by P.L.90-2002, SEC.367; P.L.224-2007, SEC.103; P.L.146-2008, SEC.421.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-3. Issuance of Bonds as Direct Obligation of Municipal Corporation

Sec. 3. If the estimated cost of the steps necessary for a municipal corporation to comply with a final order is great enough that the bond issue necessary to finance the project would not raise the total outstanding bonded indebtedness of the municipal corporation in excess of the constitutional limit, the necessary bonds:
(1) may be issued as a direct obligation of the municipal corporation; and
(2) may be retired by a general tax levy against all the property within the limit of the municipal corporation listed and assessed for taxation.
[Pre-1996 Recodification Citation: 13-1-3-12(b) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-4. Revenue Bonds

Sec. 4. (a) Subject to subsection (b), if:
(1) the amount of the bonds necessary to be issued would raise the total outstanding bonded indebtedness of the municipal corporation above the constitutional limitation; or
(2) the municipal corporation determines against the issuance of direct obligation bonds;
the municipal corporation shall issue revenue bonds and provide for the retirement of the bonds in the same manner and subject to the same conditions provided for the issuance and retirement of bonds in IC 36-9-23 to the extent that the provisions of that statute are applicable and not in conflict with any of the express provisions of the water pollution control laws.
(b) IC 36-9-23-12 does not apply to bond issues proposed by a municipal corporation to comply with a final order issued under the authority of the water pollution control laws or IC 13-1-3 (before its repeal) and objections or submission to the qualified voters of the municipal corporation:
(1) may not be authorized; and
(2) if objections are made, do not operate to justify or excuse failure to comply with the final order.
[Pre-1996 Recodification Citation: 13-1-3-12(b) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-5. Sanitary Fund

Sec. 5. The money made available by the issuance of either direct obligation bonds or revenue bonds as provided by the water pollution control laws or IC 13-1-3 (before its repeal):
(1) constitutes a sanitary fund; and
(2) shall be used for no other purpose than for carrying out an order issued under the water pollution control laws or IC 13-1-3 (before its repeal).
[Pre-1996 Recodification Citation: 13-1-3-12(c).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-6. Municipal Pollution Control Works; Governing Law

Sec. 6. (a) Subject to subsection (b):
(1) the construction, acquisition, improvement, equipment, custody, operation, repair, and maintenance of a plant, machinery, or works by a municipal corporation in compliance with a final order of the commissioner, other than the financing; and
(2) the rights, powers, and duties of the municipal corporation and the respective officers and departments of the municipal corporation, whether the plant, machinery, or works is financed by the issuance of revenue or direct obligation bonds;
is governed by IC 36-9-23 to the extent that the provisions of IC 36-9-23 are applicable and do not conflict with any of the express provisions of the water pollution control laws.
(b) IC 36-9-23-12 does not apply to the construction, acquisition, equipping, improvement, repair, or maintenance of a plant, machinery, or works by any municipal corporation in compliance with a final order issued under the water pollution control laws or IC 13-1-3 before its repeal, and the objections or submission to the qualified voters of the municipal corporation:
(1) may not be authorized; and
(2) if objections are made, do not operate to justify or excuse failure to comply with the final order.
(c) IC 36-9-23 may not be construed to allow the municipal corporation or any of the officers of the municipal corporation discretion in the manner of complying with the order since complying with the order is mandatory.
[Pre-1996 Recodification Citation: 13-1-3-13.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-7. Failure to Comply With Final Order

Sec. 7. Failure of:
(1) a municipal corporation; or
(2) the board of directors or other governing body of a private corporation, association, or other legal entity;
to provide for the financing and construction of the works that are necessary to carry out a final order issued under the water pollution control laws or IC 13-1-3 (before its repeal) by appropriate ordinance or resolution constitutes failure to begin appropriate action or proceedings to comply with the order.
[Pre-1996 Recodification Citation: 13-1-3-14(a).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-8. Extensions of Time; Penalties

Sec. 8. (a) The commissioner may extend the time fixed in a final order issued under the water pollution control laws or IC 13-1-3 (before its repeal) within which any offender is ordered to correct or abate a condition of pollution of any water upon written petition filed with the department not less than thirty (30) days before the time fixed in the order if it appears that:
(1) a good faith effort to comply with the order is being made; and
(2) it will be impossible for the offender to complete the project of work undertaken within the time fixed.
(b) A person who fails or refuses to correct or abate the polluted condition in compliance with the order:
(1) within the time fixed; or
(2) within the time additionally granted under this section;
is subject to the penalties imposed by IC 13-30-4, IC 13-30-5, and IC 13-30-8, and may be subject to criminal prosecution under IC 13-30-10.
[Pre-1996 Recodification Citation: 13-1-3-15.]
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 8. Compliance With Orders › 13-18-8-9. Violations

Sec. 9. A person who fails to discharge a duty imposed upon the person by the water pollution control laws commits a Class B misdemeanor.
[Pre-1996 Recodification Citation: 13-1-3-14(b).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 9. Prohibitions on Certain Detergents › 13-18-9-1. Applicability of Chapter

Sec. 1. This chapter does not apply to any of the following:
(1) Detergents for cleaning in place food processing and dairy equipment.
(2) Phosphoric acid products, including sanitizers, brighteners, acid cleaners, and metal conditioners.
(3) Detergents for use in commercial machine dishwashers.
(4) Institutional laundry detergents, including detergents for use in hospitals and health care facilities.
(5) Detergents for use in dairy, beverage, food processing, and other industrial cleaning equipment.
(6) A detergent or cleaning compound contained in fuel or lubricating oil.
(7) Any other use of detergents in which the phosphorus contents are not permitted to:
(A) enter a public or private sewer; or
(B) be disposed of in the natural environment.
[Pre-1996 Recodification Citation: 13-1-5.5-3(c); 13-1-5.5-4.]
As added by P.L.1-1996, SEC.8. Amended by P.L.25-2008, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 9. Prohibitions on Certain Detergents › 13-18-9-2. Alkyl Benzine Sulfonate Limitations

Sec. 2. A person may not use, sell, or otherwise dispose of any hard or nondegradable detergent containing alkyl benzine sulfonate (ABS) in any manner or any location in Indiana or into the boundary waters of Indiana from a source within Indiana.
[Pre-1996 Recodification Citation: 13-1-5.5-1.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 9. Prohibitions on Certain Detergents › 13-18-9-3. Phosphorus Limitations; Exemptions

Sec. 3. (a) A person may not use, sell, or otherwise dispose of any detergent containing phosphorus, except:
(1) for those amounts not exceeding one-half percent (0.5%) by weight incidental to manufacturing; and
(2) in accordance with rules adopted under IC 4-22-2 by the board;
in Indiana or into the boundary waters of Indiana from a source within Indiana.
(b) The concentration of phosphorus shall be determined by the applicable method prescribed by the American Society for Testing and Materials.
[Pre-1996 Recodification Citation: 13-1-5.5-3(a), (b).]
As added by P.L.1-1996, SEC.8. Amended by P.L.113-2014, SEC.71.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 9. Prohibitions on Certain Detergents › 13-18-9-4. Enforcement of Chapter

Sec. 4. (a) The department shall enforce this chapter under IC 13-30-3 or IC 13-14-2-6.
(b) The board shall adopt rules under IC 4-22-2 for the disposition of any detergent carried over on September 1, 1974. However, the commissioner may approve the use of phosphates by a manufacturer or processor for cleaning plant or equipment upon application to the commissioner by the manufacturer or processor. The commissioner shall require phosphate removal from the water so used by criteria established by the board.
[Pre-1996 Recodification Citation: 13-1-5.5-5.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 9. Prohibitions on Certain Detergents › 13-18-9-5. Attorney General; Injunction Proceedings

Sec. 5. The attorney general shall, upon the request of the department, institute injunction proceedings to enjoin acts constituting a violation of this chapter.
[Pre-1996 Recodification Citation: 13-1-5.5-6.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 9. Prohibitions on Certain Detergents › 13-18-9-6. Violations

Sec. 6. A person who violates this chapter is subject to the penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a person who violates this chapter may be subject to criminal prosecution under IC 13-30-10.
[Pre-1996 Recodification Citation: 13-1-5.5-7.]
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10. Confined Feeding Control › 13-18-10-1. Department Approval Necessary for Confined Feeding Operations

Sec. 1. (a) A person may not start:
(1) construction of a confined feeding operation; or
(2) expansion of a confined feeding operation that increases:
(A) animal capacity; or
(B) manure containment capacity; or
(C) both;
without obtaining the prior approval of the department.
(b) A person may not operate a confined feeding operation without obtaining the prior approval of the department.
[Pre-1996 Recodification Citation: 13-1-5.7-2.]
As added by P.L.1-1996, SEC.8. Amended by P.L.24-2004, SEC.3; P.L.81-2009, SEC.2; P.L.127-2009, SEC.5; P.L.1-2010, SEC.62; P.L.199-2014, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10. Confined Feeding Control › 13-18-10-1.9. Application of the Law to Certain Confined Feeding Operations

Sec. 1.9. (a) This section applies:
(1) to a confined feeding operation for which a person is required to submit an application for approval under section 1 of this chapter if an application for approval under section 1 of this chapter submitted with respect to the confined feeding operation was not approved by the department before May 12, 2009; and
(2) notwithstanding the effective date of the addition or amendment by P.L.127-2009 of the provisions listed in subsection (b)(1) through (b)(8).
(b) The following, as added or amended by P.L.127-2009, effective July 1, 2009, apply to a confined feeding operation described in subsection (a)(1) in the same manner as if they had been in effect on the date on which the application was submitted with respect to the confined feeding operation under section 1 of this chapter:
(1) IC 13-11-2-8.
(2) IC 13-11-2-40.
(3) IC 13-11-2-191.
(4) Section 1 of this chapter.
(5) Section 2 of this chapter.
(6) Section 2.1 of this chapter.
(7) Section 2.2 of this chapter.
(8) Section 4 of this chapter.
As added by P.L.1-2010, SEC.63.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10. Confined Feeding Control › 13-18-10-2.2. Affidavit After Construction or Expansion; Approval to Construct or Expand Remains Effective as Operating Approval

Sec. 2.2. (a) Not more than thirty (30) days after the completion of construction or expansion of a confined feeding operation, the applicant shall execute and send to the department an affidavit that affirms under penalties of perjury that the confined feeding operation:
(1) was constructed or expanded; and
(2) will be operated;
in accordance with the requirements of the department's approval.
(b) An approval to construct or expand a confined feeding operation shall remain in effect as the operating approval for the duration of the permit term if construction or expansion is completed prior to the end of the permit term under which the confined feeding operation was constructed or expanded.
As added by P.L.125-1997, SEC.6. Amended by P.L.127-2009, SEC.9; P.L.199-2014, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10. Confined Feeding Control › 13-18-10-2.6. Compliance and Technical Assistance Program

Sec. 2.6. The department shall establish a compliance and technical assistance program for owners and operators of confined feeding operations that may be administered by:
(1) the department;
(2) a state college or university; or
(3) a contractor.
As added by P.L.125-1997, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10. Confined Feeding Control › 13-18-10-3. Enforcement of Chapter

Sec. 3. This chapter, including requirements established in a department approval under section 2 of this chapter, may be enforced under IC 13-30-3 or IC 13-14-2-6.
[Pre-1996 Recodification Citation: 13-1-5.7-4.]
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10. Confined Feeding Control › 13-18-10-4. Rules, Policies, and Statements; Uniform Standards

Sec. 4. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 and the department may adopt policies or statements under IC 13-14-1-11.5 that are necessary for the proper administration of this chapter. The rules, policies, or statements may concern construction, expansion, and operation of confined feeding operations and may include uniform standards for:
(1) construction, expansion, and manure containment that are appropriate for a specific site; and
(2) manure application and handling that are consistent with best management practices:
(A) designed to reduce the potential for manure to be conveyed off a site by runoff or soil erosion; and
(B) that are appropriate for a specific site.
(b) Standards adopted in a rule, policy, or statement under subsection (a) must:
(1) consider confined feeding standards that are consistent with standards found in publications from:
(A) the United States Department of Agriculture;
(B) the Natural Resources Conservation Service of the United States Department of Agriculture;
(C) the Midwest Plan Service; and
(D) postsecondary educational institution extension bulletins; and
(2) be developed through technical review by the department, postsecondary educational institution specialists, and other animal industry specialists.
[Pre-1996 Recodification Citation: 13-1-5.7-5.]
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.10; P.L.2-2007, SEC.167; P.L.127-2009, SEC.10.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10. Confined Feeding Control › 13-18-10-5. Injunctive Relief

Sec. 5. The department may seek injunctive relief under this chapter.
[Pre-1996 Recodification Citation: 13-1-5.7-6.]
As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.11.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10. Confined Feeding Control › 13-18-10-6. Violations; Penalties

Sec. 6. A person who violates this chapter is subject to the penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a person who violates this chapter may be subject to criminal prosecution under IC 13-30-10.
[Pre-1996 Recodification Citation: 13-1-5.7-7.]
As added by P.L.1-1996, SEC.8. Amended by P.L.137-2007, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10.5. Satellite Manure Storage Structures › 13-18-10.5-1. Department Approval

Sec. 1. A person may not after June 30, 2011, start:
(1) construction of a satellite manure storage structure; or
(2) expansion of a satellite manure storage structure that increases manure containment capacity;
without obtaining the prior approval of the department.
As added by P.L.189-2011, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10.5. Satellite Manure Storage Structures › 13-18-10.5-2. Rules

Sec. 2. The board may adopt rules under IC 4-22-2 and IC 13-14-9 regarding the construction, operation, and maintenance of a satellite manure storage structure.
As added by P.L.189-2011, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 10.5. Satellite Manure Storage Structures › 13-18-10.5-3. Applying for Approval to Construct or Expand Satellite Manure Storage Structure

Sec. 3. (a) An applicant who applies for approval under section 1 of this chapter to construct or expand a satellite manure storage structure shall make a reasonable effort to provide notice not more than ten (10) working days after submitting an application for approval to:
(1) the county executive of the county in which the satellite manure storage structure is to be constructed or expanded; and
(2) each owner and each occupant of land of which any part of the boundary is one-half (1/2) mile or less from any part of the proposed footprint of the satellite manure storage structure.
(b) The notice described in subsection (a) must:
(1) be in writing;
(2) be sent by mail; and
(3) include the following:
(A) The date the application was submitted to the department.
(B) A brief description of the subject of the application.
(c) An applicant shall pay the costs of complying with this section.
As added by P.L.199-2014, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-1. Exclusion of Certain Water Supply Systems

Sec. 1. (a) As used in this chapter, "transient noncommunity water system" has the meaning set forth in IC 13-11-2-237.5.
(b) The commissioner may determine that this chapter does not apply to a transient noncommunity water system.
[Pre-1996 Recodification Citation: 13-1-6-11.]
As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.2; P.L.1-2001, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-1.5. Certification Program for Operators

Sec. 1.5. The board shall adopt regulations to implement certification programs for operators of water treatment plants or water distribution systems. The certification program for the operators shall be classified in accordance with the complexity, size, and source of the water for the treatment system and the complexity and size for the distribution system.
As added by P.L.132-2000, SEC.3. Amended by P.L.133-2012, SEC.128.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-2. Classification of Treatment Plants

Sec. 2. The commissioner shall classify all water treatment plants, wastewater treatment plants, and water distribution systems actually used or intended for use:
(1) with due regard to the:
(A) size;
(B) type;
(C) character of wastes or water to be treated; and
(D) other physical conditions affecting those plants and systems; and
(2) according to the:
(A) skill;
(B) knowledge; and
(C) experience;
that the operator in responsible charge must have to successfully supervise the operation of those facilities so as to protect the public health.
[Pre-1996 Recodification Citation: 13-1-6-1.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-3. Plant Operators

Sec. 3. The commissioner shall certify persons as to their qualifications to supervise successfully the operation of:
(1) water treatment plants;
(2) water distribution systems; and
(3) wastewater treatment plants.
[Pre-1996 Recodification Citation: 13-1-6-3(a).]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-4. Certification of Operators; Examination

Sec. 4. (a) The commissioner shall issue certificates attesting to the competency of operators. A certificate must indicate the classification of works, plant, or system that the operator is qualified to supervise.
(b) If the successful passage of a certification examination is generally required for the issuance of a particular certificate under this chapter, the department shall ensure that the certification examination is administered to candidates for the certificate at least once per year.
(c) The commissioner may authorize an independent third party to administer certification examinations described in subsection (b). A third party administering an examination under this subsection may require a candidate taking the examination to pay the third party a fee in addition to paying the department the fee required by section 5 of this chapter.
[Pre-1996 Recodification Citation: 13-1-6-3(b).]
As added by P.L.1-1996, SEC.8. Amended by P.L.114-2008, SEC.9; P.L.147-2015, SEC.6; P.L.126-2020, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-5. Application; Fees

Sec. 5. The commissioner shall prescribe and provide an application form for use by applicants in applying for the appropriate certificate issued under this chapter. An applicant must deposit a fee of thirty dollars ($30) at the time of making application for certification.
[Pre-1996 Recodification Citation: 13-1-6-3(c) part.]
As added by P.L.1-1996, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-6. Repealed

[Pre-1996 Recodification Citation: 13-1-6-3(c) part, (d).]
As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.4; P.L.147-2015, SEC.7. Repealed by P.L.181-2018, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-6.5. Triennial Renewal of Certificate

Sec. 6.5. (a) A wastewater treatment plant operator, water treatment plant operator, or water distribution system operator certified under this chapter may renew the operator's certificate triennially by:
(1) paying a renewal fee of thirty dollars ($30); and
(2) meeting any continuing education requirements established under rules adopted by the board.
(b) The:
(1) fee is due and payable; and
(2) proof of compliance with continuing education requirements must be submitted to the department;
on or before the renewal date established under rules adopted by the board.
(c) A person who fails to renew a certificate under this section within one (1) year after the date the certificate expires may not receive a renewal certificate without reexamination.
As added by P.L.132-2000, SEC.5. Amended by P.L.147-2015, SEC.8; P.L.181-2018, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-7. Notice of Expiration

Sec. 7. (a) The commissioner shall notify each person certified as a wastewater treatment plant operator, water treatment plant operator, or water distribution system operator under this chapter of the following:
(1) The date of the expiration of the operator's certificate.
(2) The amount of the required fee for renewal of the operator's certificate for three (3) years.
(3) The continuing education required for renewal of the operator's certificate for three (3) years.
(b) The commissioner shall provide the notice at least one (1) month in advance of the date of expiration of the person's certificate.
[Pre-1996 Recodification Citation: 13-1-6-3(e).]
As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.6; P.L.147-2015, SEC.9; P.L.181-2018, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-8. Suspension or Revocation

Sec. 8. (a) The commissioner may suspend or revoke the certificate of an operator issued under this chapter, following a hearing under IC 13-15-7-3 and IC 4-21.5, if any of the following conditions are found:
(1) The operator has practiced fraud or deception in any state or other jurisdiction.
(2) Reasonable care, judgment, or the application of the operator's knowledge or ability was not used in the performance of the operator's duties.
(3) The operator is incompetent or unable to properly perform the operator's duties.
(4) A certificate of the operator issued:
(A) under this chapter; or
(B) by any other state or jurisdiction for a purpose comparable to the purpose for which a certificate is issued under this chapter;
has been revoked.
(5) The operator has been convicted of a crime related to a certificate of the operator issued:
(A) under this chapter; or
(B) by any other state or jurisdiction for a purpose comparable to the purpose for which a certificate is issued under this chapter.
(b) A hearing and further proceedings shall be conducted in accordance with IC 4-21.5-7.
[Pre-1996 Recodification Citation: 13-1-6-3(f), (g).]
As added by P.L.1-1996, SEC.8. Amended by P.L.25-1997, SEC.9; P.L.132-2000, SEC.8; P.L.159-2011, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-9. Issuance of Certificates to Operators From Other States and Territories; Reciprocity

Sec. 9. The commissioner may, upon receipt of an application and payment of the fee, issue a certificate without examination in a comparable classification to any person who holds a certificate in any state or territory of the United States if:
(1) the requirements for certification of operators under which the person's certificate was issued:
(A) do not conflict with this chapter; and
(B) are of a standard not lower than that specified by this chapter and the rules adopted under this chapter; and
(2) the state or territory in which the person holds a certificate grants reciprocal privileges to certified operators of Indiana.
[Pre-1996 Recodification Citation: 13-1-6-4.]
As added by P.L.1-1996, SEC.8. Amended by P.L.181-2018, SEC.9.
2023 Indiana Code › Title 13. Environment › Article 18. Water Pollution Control › Chapter 11. Operator Certification › 13-18-11-10. Plant Operators; Certificates of Competency; Exceptions

Sec. 10. (a) Certificates in appropriate classification shall be issued upon application and payment of the fee to operators of wastewater treatment plants who, on July 1, 1968, hold certificates of competency attained by examination under the voluntary certification program administered by:
(1) the Indiana Water Pollution Control Association; or
(2) the Indiana Section, American Water Works Association.
However, application for a certificate under this subsection must be made not later than July 1, 1969.
(b) Certificates of proper classification shall be issued upon payment of the fee without examination to each person certified by the governing body or owner to have been in direct responsible charge of the wastewater treatment plant on July 1, 1968. A certificate issued under this subsection is valid only for that particular wastewater treatment plant, which the certificate must indicate.
[Pre-1996 Recodification Citation: 13-1-6-5.]
As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.9.