reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-11.7. Department to Annually Report Changes in Rules, Operating Policies or Procedures, and Nonrule Policies; Submission to Legislative Services Agency; Presentation to Legislative Council

Sec. 11.7. (a) Before July 1 of each year, the department shall report:
(1) any administrative rule that has been:
(A) proposed by the department; or
(B) adopted by the board;
(2) any operating policy or procedure that has been instituted or altered by the department; and
(3) any nonrule policy or statement that has been proposed or put into effect under section 11.5 of this chapter;
since the preceding July 1 that constitutes a change in the policy previously followed by the department under this title and the rules adopted by the board.
(b) The report required under subsection (a) shall be submitted in an electronic format under IC 5-14-6 to the executive director of the legislative services agency, who shall present it to the legislative council established by IC 2-5-1.1-1 before the following September 1.
As added by P.L.218-2016, 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 › 13-14-1-12. Enforcement of Rules

Sec. 12. The commissioner shall enforce rules consistent with the purposes of:
(1) air pollution control laws;
(2) water pollution control laws;
(3) IC 13-18-9;
(4) IC 13-18-10;
(5) IC 13-19-3; and
(6) IC 36-9-30.
[Pre-1996 Recodification Citation: 13-7-3-12.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.78.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-13. Monitoring and Reporting Requirements

Sec. 13. The commissioner shall establish and administer monitoring and reporting requirements as necessary to carry out the duties and to exercise the powers provided in the following:
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
[Pre-1996 Recodification Citation: 13-7-3-13.]
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 › 13-14-1-14. Information Clearinghouses; Public Education Programs; Other Actions

Sec. 14. The department shall do the following:
(1) Develop and maintain an information clearinghouse on the following subjects:
(A) Source separation.
(B) Recycling.
(C) Composting.
(D) Solid waste minimization.
(E) Solid waste reduction.
(F) Hazardous waste minimization.
(G) Hazardous waste reduction.
(2) Assist in the development and implementation of public education programs on:
(A) source separation;
(B) recycling;
(C) composting;
(D) solid waste reduction;
(E) solid waste minimization;
(F) hazardous waste minimization;
(G) hazardous waste reduction; and
(H) other alternatives to final disposal in landfills.
(3) Take action in any other matter involving:
(A) solid waste minimization;
(B) solid waste reduction;
(C) hazardous waste minimization; or
(D) hazardous waste reduction;
as directed by the commissioner.
[Pre-1996 Recodification Citation: 13-7-3-17.]
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 › 13-14-1-16. Board Abolished; Transfer of Powers

Sec. 16. The clean manufacturing technology board established by IC 13-27.5 (repealed) is abolished. All powers, duties, assets, and liabilities of the clean manufacturing technology board are transferred to the department.
As added by P.L.37-2012, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 1. Duties of Department › 13-14-1-18. Flood Control Permit Process; Coordination With Other State Agencies

Sec. 18. The department shall coordinate with the department of natural resources and other state agencies to simplify the state permitting process with respect to the flood control activities of the Kankakee River basin and Yellow River basin development commission under IC 14-13-9. The department and other agencies shall assist each other in:
(1) reducing the number of applications and other interactions required to obtain necessary permits; and
(2) avoiding imposing conflicting requirements upon the commission in issuing permits to the commission.
As added by P.L.282-2019, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 2. Powers of Department › 13-14-2-1. Orders and Determinations by Commissioner

Sec. 1. (a) This section applies to any:
(1) determination made by the commissioner;
(2) order issued by the commissioner; and
(3) notice issued by the department;
under this title.
(b) The commissioner may issue orders and make determinations.
(c) An order issued under this section may address multiple sites for the purpose of arranging for site investigations and the establishment of priority of sites.
(d) Notice of a determination made or an order issued by the commissioner must be given under IC 4-21.5-3-1, unless a person provides a written request to the department for a different method of notice that is reasonably available to the department.
(e) The department:
(1) shall make a good faith effort to provide notice of an order or a determination according to subsection (d); and
(2) bears the burden of persuasion that the notice has been provided.
(f) Failure to receive notice does not invalidate an order or a determination, unless the person required to receive notice of an order or a determination is substantially prejudiced by the lack of notice. The burden of persuasion as to substantial prejudice is on the person claiming the lack of notice.
[Pre-1996 Recodification Citation: 13-7-5-2.]
As added by P.L.1-1996, SEC.4. Amended by P.L.263-2013, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 2. Powers of Department › 13-14-2-2. Entry Upon Private or Public Property for Inspection by Agent

Sec. 2. The department may have a designated agent, upon presentation of proper credentials, enter upon private or public property to inspect for and investigate possible violations of any of the following:
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
(4) IC 13-18-9.
(5) IC 13-18-10.
(6) IC 13-19-3.
(7) Any rule adopted by the board.
[Pre-1996 Recodification Citation: 13-7-5-3.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.79.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 2. Powers of Department › 13-14-2-3. Department to Represent State in All Matters Pertaining to Environmental Protection

Sec. 3. The department may do the following:
(1) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements for environmental protection.
(2) Conduct, convoke, attend, or participate in official or unofficial conferences or hearings within or outside Indiana concerning any matter within the scope of the power and duties of the board or the department.
[Pre-1996 Recodification Citation: 13-7-5-4.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.80.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 2. Powers of Department › 13-14-2-4. Acceptance of Gifts or Other Funds

Sec. 4. The department may accept and receive, on behalf of the state, any gifts or other money made available to the state from any source for purposes of:
(1) this title; or
(2) other environmental protection activities, surveys, or programs.
[Pre-1996 Recodification Citation: 13-7-5-5.]
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 2. Powers of Department › 13-14-2-5. Contract for Legal, Professional, and Other Services

Sec. 5. The commissioner may employ or contract for the legal, professional, and other personnel and assistance that is necessary for the efficient performance of duties imposed by this title.
[Pre-1996 Recodification Citation: 13-7-5-6.]
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 2. Powers of Department › 13-14-2-6. Court Actions by Commissioner

Sec. 6. Except as provided in IC 13-14-6, the commissioner may proceed in court, by appropriate action, to:
(1) enforce any final order of the commissioner or the board;
(2) collect any penalties or fees;
(3) procure or secure compliance with this title or any other law that the department has the duty or power to enforce;
(4) procure compliance with any standard or rule of the board;
(5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:
(A) executed before July 1, 2009;
(B) approved by the commissioner; and
(C) created in connection with any:
(i) remediation;
(ii) closure;
(iii) cleanup;
(iv) corrective action; or
(v) determination exercising enforcement discretion or of no further action being required;
approved by the department under this title; or
(6) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:
(A) executed after June 30, 2009; and
(B) created in connection with any of the following approved by the department under this title:
(i) A remediation.
(ii) A closure.
(iii) A cleanup.
(iv) A corrective action.
(v) A determination exercising enforcement discretion or of no further action being required.
[Pre-1996 Recodification Citation: 13-7-5-7.]
As added by P.L.1-1996, SEC.4. Amended by P.L.61-2001, SEC.1; P.L.78-2009, SEC.10; P.L.133-2012, SEC.81.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 2. Powers of Department › 13-14-2-7. Orders to Secure Compliance; Civil Penalties

Sec. 7. Except as provided in IC 13-14-6, the commissioner may issue orders to:
(1) secure compliance with:
(A) this title; or
(B) any applicable rule of a board; and
(2) assess civil penalties.
[Pre-1996 Recodification Citation: 13-7-5-8.]
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 2. Powers of Department › 13-14-2-8. Certain Restrictive Covenants Not Subject to Department Approval; Department Review and Action on Certain Activities and Land Use Restrictions

Sec. 8. (a) Subject to subsection (b), a restrictive covenant executed after June 30, 2009, is not subject to approval by the department.
(b) The department shall:
(1) review; and
(2) approve, disapprove, or partially approve and partially disapprove;
activities and land use restrictions described in IC 13-11-2-193.5(2) that are proposed as part of a remediation, closure, cleanup, corrective action, or determination exercising enforcement discretion or of no further action being required to be included in a restrictive covenant.
As added by P.L.78-2009, SEC.11. Amended by P.L.1-2010, SEC.61.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 2. Powers of Department › 13-14-2-9. Modification of Restrictive Covenants; Recovery of Expenses Incurred

Sec. 9. (a) This section applies to a restrictive covenant created in connection with a remediation project conducted under:
(1) IC 13-23;
(2) IC 13-24;
(3) IC 13-25-4; or
(4) IC 13-25-5.
(b) If:
(1) a change of conditions or an advancement in science or technology permits a modification of the conditions and restrictions imposed by a restrictive covenant; and
(2) the modification of the conditions and restrictions imposed by the restrictive covenant would not increase the potential hazards to human health or the environment;
the commissioner may, under subsection (c), authorize the filing in the office of the county recorder of a supplemental recording recognizing the modification of the conditions and restrictions of the restrictive covenant to reflect the change in conditions or advancement in science or technology.
(c) The commissioner may authorize the filing of a supplemental recording under subsection (b) if the owner of the real property that is subject to the restrictive covenant submits to the department:
(1) a written request for the modification of the covenant;
(2) a copy of the proposed modification of the restrictive covenant; and
(3) information indicating why the covenant should be modified.
The information submitted under subdivision (3) must be sufficient to enable the department to determine whether the proposed modification of the restrictive covenant will increase the potential hazards to human health or the environment. The commissioner may request additional information from the owner of the real property if necessary to the making of a determination under this subsection.
(d) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 providing for the recovery of administrative and personnel expenses incurred by the state in evaluating proposed modifications of restrictive covenants under this section.
As added by P.L.220-2014, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 3. Plans for Local Facilities and Standards › 13-14-3-1. Local Governmental Units; Developing Environmental Facilities

Sec. 1. The department shall encourage and advise local governmental units referred to in IC 13-11-2-158 in developing facilities or establishing standards for the following:
(1) Air, water, odor, and noise pollution control.
(2) Water or wastewater treatment.
(3) Water resource development.
(4) Solid waste disposal.
[Pre-1996 Recodification Citation: 13-7-15-2(a) part.]
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 3. Plans for Local Facilities and Standards › 13-14-3-2. Local Governmental Units; Minimum Standards

Sec. 2. Each facility or standard of a local governmental unit must meet the minimum state requirements or standards established by the appropriate board.
[Pre-1996 Recodification Citation: 13-7-15-2(a) part.]
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 3. Plans for Local Facilities and Standards › 13-14-3-3. Local Governmental Units; Hearings; Orders

Sec. 3. (a) If the commissioner finds that the local governmental units have not developed plans that provide for adequate:
(1) water supply;
(2) air, water, or wastewater treatment; or
(3) solid waste disposal facilities;
the department may hold a public hearing.
(b) If the facts support the conclusion, the department may order the affected local governmental units to proceed to form regional water, sewage, air, or solid waste districts that are necessary under IC 13-26.
[Pre-1996 Recodification Citation: 13-7-15-2(b).]
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 4. Notice to Department of Plans and Programs Affecting the Environment › 13-14-4-1. State Agencies; Reports

Sec. 1. (a) Each agency, department, and institution of the state shall report to the department any plans or activities that affect or may affect the environment of Indiana.
(b) The department shall:
(1) review the reports described in subsection (a); and
(2) coordinate the programs of the various agencies and make recommendations concerning the plans and activities of each agency, department, or institution that affects the environment.
[Pre-1996 Recodification Citation: 13-7-16-4.]
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 4. Notice to Department of Plans and Programs Affecting the Environment › 13-14-4-2. Federal Loans and Grants

Sec. 2. (a) Each:
(1) unit of local government referred to in IC 13-11-2-158;
(2) state agency; or
(3) interstate agency;
that makes an application for loans or grants under the federal statutes that relates to any program that affects or would affect the environment of Indiana shall notify the department in writing of the application before making the application.
(b) The department may, if the department is a party, participate in all proceedings for the grant.
[Pre-1996 Recodification Citation: 13-7-16-5.]
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 4. Notice to Department of Plans and Programs Affecting the Environment › 13-14-4-3. Technical or Monitoring Program Reports

Sec. 3. (a) Each person:
(1) discharging; or
(2) proposing to discharge or emit;
contaminants that could affect environmental quality shall furnish to the department the reasonable technical or monitoring program reports that the board specifies by rule.
(b) An affidavit of the responsible officer or person in charge of the operation involved must accompany each report.
[Pre-1996 Recodification Citation: 13-7-16-7.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.82.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 5. Inspections › 13-14-5-1. Applicability of Chapter

Sec. 1. This chapter applies to inspections conducted under IC 13-14-2-2 after July 1, 1993.
[Pre-1996 Recodification Citation: 13-7-5-3.3(a).]
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 5. Inspections › 13-14-5-2. Notice and Oral Report to Property Owners

Sec. 2. Except as provided in section 3 of this chapter, the designated agent of the department conducting the inspection must provide the property owner with the following:
(1) Before completing an inspection of property under IC 13-14-2-2, an oral report of the inspection that includes any specific matters discovered during the inspection that the designated agent of the department believes may be a violation of a law or of a permit issued by the department.
(2) Not later than forty-five (45) calendar days after the inspection, a written summary of the oral report given under subdivision (1).
[Pre-1996 Recodification Citation: 13-7-5-3.3(c).]
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 5. Inspections › 13-14-5-3. Written Summary Instead of Oral Report

Sec. 3. If the designated agent of the department completes the inspection at a time when the property owner is not available to receive an oral report under section 2 of this chapter, the designated agent shall send a written summary of the inspection in accordance with IC 13-14-2-1 to the property owner not later than forty-five (45) calendar days following the inspection.
[Pre-1996 Recodification Citation: 13-7-5-3.3(d).]
As added by P.L.1-1996, SEC.4. Amended by P.L.263-2013, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 5. Inspections › 13-14-5-4. Permitted Omissions From Oral Reports and Written Summaries

Sec. 4. A designated agent of the department is not required to include in an oral report or in a written summary:
(1) a matter that is not evident to the designated agent at the time of the designated agent's inspection; or
(2) any fact that indicates or evidences an intentional, a knowing, or a reckless violation of:
(A) this title;
(B) a rule or standard adopted by a board; or
(C) any determination, permit, or order made or issued by the commissioner under this title or any other law.
[Pre-1996 Recodification Citation: 13-7-5-3.3(e).]
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 5. Inspections › 13-14-5-5. Rules

Sec. 5. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter and IC 13-30-7.
[Pre-1996 Recodification Citation: 13-7-5-3.3(l) part.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.83.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 5. Inspections › 13-14-5-6. Information Presented by Property Owner

Sec. 6. (a) The property owner may provide information in response to any of the following:
(1) An oral report provided under section 2 of this chapter.
(2) A written summary provided under section 2 or 3 of this chapter.
(3) Questions raised during the inspection visit.
(b) The department shall review and consider any information presented by the property owner under subsection (a). The department shall append any written information provided under subsection (a) to the inspection report and include the written information in the public file.
As added by P.L.30-1999, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 6. Limitations of Action; Administrative Proceedings › 13-14-6-1. Applicability of Chapter

Sec. 1. Except as provided in IC 13-23-1-4, this chapter applies to a department enforcement action, regardless of the application of IC 4-21.5 to the enforcement action.
[Pre-1996 Recodification Citation: 13-7-5.5-1.]
As added by P.L.1-1996, SEC.4. Amended by P.L.38-2012, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 6. Limitations of Action; Administrative Proceedings › 13-14-6-2. Limitation of Actions

Sec. 2. A department enforcement action must commence by issuing a notice of violation under IC 13-30-3-3 not more than three (3) years after the date the department discovers:
(1) the event; or
(2) the last of a series of events;
that serves as the basis of the department's authority to conduct the enforcement action.
[Pre-1996 Recodification Citation: 13-7-5.5-3.]
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 6. Limitations of Action; Administrative Proceedings › 13-14-6-3. Void Actions

Sec. 3. A department enforcement action commenced after the time set forth in section 2 of this chapter is void.
[Pre-1996 Recodification Citation: 13-7-5.5-4.]
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 7. Assignment of Rulemaking Authority › 13-14-7-1. Assignment of Rulemaking Authority to Boards

Sec. 1. The:
(1) governor may assign to the board the adoption of rules in any area not provided for by law as of September 1, 1985; or
(2) board may directly exercise that power until a specific agency for the exercise of the power is created.
[Pre-1996 Recodification Citation: 13-7-6-7.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.84.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-0.3. Application of Rule That Does Not Comply With Ic 13-20-7-1

Sec. 0.3. A rule that:
(1) was adopted by the solid waste management board (established by IC 13-19-2, before its repeal) before May 13, 1999; and
(2) does not comply with IC 13-20-7-1 (as amended by P.L.224-1999 and before its repeal);
applies only to special waste that is disposed of at a solid waste landfill that does not meet Subtitle D design standards of the federal Resource Conservation and Recovery Act as provided in 40 CFR Part 258.
As added by P.L.220-2011, SEC.279. Amended by P.L.113-2014, SEC.62.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-1. Adoption or Modification of Rules and Standards

Sec. 1. (a) The board may:
(1) adopt;
(2) repeal;
(3) rescind; or
(4) amend;
rules and standards by proceeding in the manner prescribed in IC 4-22-2 and IC 13-14-9.
(b) The board may adopt an emergency rule under IC 4-22-2-37.1 to comply with a deadline required by or other date provided by federal law if:
(1) the variance procedures are included in the rule; and
(2) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.
An emergency rule adopted under this subsection may be extended for two (2) extension periods by adopting another rule under IC 4-22-2-37.1. IC 4-22-2-37.1(g)(3) does not apply to an emergency rule adopted under this subsection.
[Pre-1996 Recodification Citation: 13-7-7-1(a) part.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.85; P.L.140-2013, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-2. Proposal for Adoption or Modification of Rules and Standards

Sec. 2. (a) The department may propose to the board the:
(1) adoption;
(2) repeal;
(3) rescission; or
(4) amendment;
of any rule or standard.
(b) The rules proposed by the department must be adopted by the board under IC 4-22-2 and IC 13-14-9 before the rules become effective.
[Pre-1996 Recodification Citation: 13-7-7-1(a) part, (b).]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.86.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-3. Scope

Sec. 3. A rule or standard adopted by a board may:
(1) make different provisions as required by varying circumstances and conditions for different contaminant sources and for different geographical areas;
(2) be made applicable to sources outside Indiana that:
(A) are causing;
(B) are contributing to; or
(C) could cause or contribute to;
environmental pollution in Indiana; and
(3) make provision for abatement standards and procedures:
(A) concerning occurrences, emergencies, or pollution; or
(B) on other short term conditions constituting an acute danger to health or to the environment.
[Pre-1996 Recodification Citation: 13-7-7-2(a).]
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 8. Rules and Standards › 13-14-8-4. Considerations in Adoption

Sec. 4. In adopting rules and establishing standards, a board shall take into account the following:
(1) All existing physical conditions and the character of the area affected.
(2) Past, present, and probable future uses of the area, including the character of the uses of surrounding areas.
(3) Zoning classifications.
(4) The nature of the existing air quality or existing water quality, as appropriate.
(5) Technical feasibility, including the quality conditions that could reasonably be achieved through coordinated control of all factors affecting the quality.
(6) Economic reasonableness of measuring or reducing any particular type of pollution.
(7) The right of all persons to an environment sufficiently uncontaminated as not to be injurious to:
(A) human, plant, animal, or aquatic life; or
(B) the reasonable enjoyment of life and property.
[Pre-1996 Recodification Citation: 13-7-7-2(b).]
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 8. Rules and Standards › 13-14-8-5. Proposals for Rule

Sec. 5. (a) Any person may present written proposals for the adoption, amendment, or repeal of a rule by the board. A proposal presented under this section must be:
(1) supported by a statement of reasons; and
(2) accompanied by a petition signed by at least two hundred (200) persons.
(b) If the board finds that the proposal:
(1) is not plainly devoid of merit; and
(2) does not deal with a subject on which a hearing was held within the previous six (6) months of the submission of the proposal;
the board shall give notice and hold a hearing on the proposal.
[Pre-1996 Recodification Citation: 13-7-7-3.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.87.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-6. Hearings

Sec. 6. (a) Each hearing on a proposed rule must be open to the public, and a reasonable opportunity to be heard with respect to the subject of a hearing shall be afforded to any person.
(b) All testimony taken at a hearing shall be recorded. The transcript of the hearing and any written submissions to the board at the hearing shall be open to public inspection, and copies of the transcript and written submissions shall be made available to any person upon payment of the cost of reproducing the original.
(c) A person who:
(1) is heard or represented at a hearing; or
(2) requests notice;
shall be given written notice of the action of the board with respect to the subject of the hearing.
[Pre-1996 Recodification Citation: 13-7-7-4.]
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 8. Rules and Standards › 13-14-8-7. Duties of Board

Sec. 7. (a) Without limiting the generality of the regulatory authority of the board under this title, the board may adopt rules under IC 4-22-2 and IC 13-14-9 prescribing the following:
(1) Standards or requirements for discharge or emission specifying the maximum permissible short term and long term concentrations of various contaminants of the air, water, or land.
(2) Procedures for the administration of a system of permits for:
(A) the discharge of any contaminants;
(B) the construction, installation, or modification of any:
(i) facility;
(ii) equipment; or
(iii) device;
that may be designed to control or prevent pollution; or
(C) the operation of any:
(i) facility;
(ii) equipment; or
(iii) device;
to control or to prevent pollution.
(3) Standards and conditions for the use of any fuel or vehicle determined to constitute an air pollution hazard.
(4) Standards for the filling or sealing of abandoned:
(A) water wells;
(B) water holes; and
(C) drainage holes;
to protect ground water against contamination.
(5) Alert criteria and abatement standards for pollution episodes or emergencies constituting an acute danger to health or to the environment, including priority lists for terminating activities that contribute to the hazard, whether or not the activities would meet all discharge requirements of the board under normal conditions.
(6) Requirements and procedures for the inspection of any equipment, facility, vehicle, vessel, or aircraft that may cause or contribute to pollution.
(7) Requirements and standards for equipment and procedures for:
(A) monitoring contaminant discharges at their sources;
(B) the collection of samples; and
(C) the collection, reporting, and retention, in accordance with record retention schedules adopted under IC 5-15-5.1, of data resulting from that monitoring.
(8) Standards or requirements to control:
(A) the discharge; or
(B) the pretreatment;
of contaminants introduced or discharged into publicly owned treatment works.
(9) Fees, in accordance with IC 13-16-1.
(b) If the board is required to adopt new rules or amend existing rules to implement an amendment to the federal Resource Conservation and Recovery Act or an amendment to or addition of a National Emission Standard for Hazardous Air Pollutants under the federal Clean Air Act, the board shall adopt the new rules or amend the existing rules not more than nine (9) months after the date the federal law becomes effective. This subsection does not limit the board's authority to amend at any time the rules adopted under this subsection.
[Pre-1996 Recodification Citation: 13-7-7-5.]
As added by P.L.1-1996, SEC.4. Amended by P.L.123-1996, SEC.10; P.L.133-2012, SEC.88; P.L.250-2019, SEC.7.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-8. Variance From Rules; Application; Hearing; Five Year Limit; Revocation of Variance

Sec. 8. (a) Except as provided in section 9 of this chapter, if a person who is affected by a rule adopted by a board believes that the imposition of the rule would impose an undue hardship or burden upon the person, the person may apply to the commissioner for a variance from the rule.
(b) If the variance for which a person applies under subsection (a) would be in effect for more than one (1) year, the person's application must include a demonstration of how the person would come into compliance with the rule within the period for which the variance would be in effect.
(c) The commissioner may hold a public hearing on an application submitted under subsection (a).
(d) If the commissioner determines that immediate compliance with the rule would impose an undue hardship or burden upon the applicant, the commissioner may grant a variance from the rule, except as provided in section 9 of this chapter. A variance from a rule may be granted for a period of not more than five (5) years.
(e) If a variance from a rule granted to a person under this section will be in effect for more than one (1) year, the variance must include a schedule requiring the person to come into compliance with the rule within the period for which the variance will be in effect.
(f) The commissioner may revoke a variance granted to a person under this section if the person:
(1) fails to meet the requirements of the compliance schedule set forth in the variance;
(2) receives a notice of noncompliance from the commissioner; and
(3) after receiving the notice of noncompliance, fails to take corrective action in order to comply with the compliance schedule.
If a variance is revoked under this subsection, the person granted the variance shall comply with the rule for which the variance was granted.
[Pre-1996 Recodification Citation: 13-7-7-6(a), (c) part.]
As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.1; P.L.147-2015, SEC.2; P.L.112-2016, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-9. Variance From Water Quality Standard; Conditions; Duration; When Application May Be Submitted

Sec. 9. (a) A variance from a water quality standard that is at least in part the basis of a National Pollutant Discharge Elimination System (NPDES) permit issued under this title must meet the conditions specified in:
(1) 40 CFR 132, Appendix F, Procedure 2, in the case of waters within the Great Lakes system;
(2) 40 CFR 131.14; and
(3) rules adopted by the board.
(b) A variance from a water quality standard issued for waters within the Great Lakes system must meet the requirements of:
(1) 40 CFR 131.14; and
(2) 40 CFR 132;
as applicable. If two (2) or more inconsistent requirements could apply under 40 CFR 131.14 and 40 CFR 132 to a variance for waters within the Great Lakes system, the more stringent requirement applies to the variance.
(c) With respect to a variance relating to an NPDES permit for a combined sewer overflow discharge, this subsection is satisfied if the NPDES permit holder has prepared a long term control plan and is implementing the nine (9) minimum controls pursuant to:
(1) 33 U.S.C. 1342(q); and
(2) 59 FR 18688.
(d) A variance may be granted under this section for a period as follows:
(1) For waters within the Great Lakes system, not more than five (5) years.
(2) For waters outside the Great Lakes system, any period that does not exceed a term authorized under 40 CFR 131.14.
However, a variance issued under this section for a period of more than five (5) years must be reevaluated in accordance with the requirements of 40 CFR 131.14.
(e) Except as provided in subsection (d), if an NPDES permit remains in effect beyond its stated term under IC 13-15-3-6, a variance issued under this section remains in effect for as long as the NPDES permit requirements affected by the variance are in effect.
(f) An application for a variance relating to an NPDES permit may be submitted under this section at any time before or after the issuance, renewal, or modification of the NPDES permit.
[Pre-1996 Recodification Citation: 13-7-7-6(b), (c) part, (f).]
As added by P.L.1-1996, SEC.4. Amended by P.L.231-2003, SEC.2; P.L.54-2005, SEC.1; P.L.147-2015, SEC.3; P.L.126-2020, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-10. Undue Hardship; Criteria

Sec. 10. A board may adopt rules under IC 4-22-2 to specify the following with respect to any of the board's rules:
(1) Criteria to define what constitutes an undue hardship or burden, as used in section 8 of this chapter, for the purposes of that rule.
(2) Procedures for making determinations on applications for variances from that rule.
[Pre-1996 Recodification Citation: 13-7-7-6(d).]
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 8. Rules and Standards › 13-14-8-11. Appeals

Sec. 11. (a) A person affected by a decision of the commissioner under sections 8 and 9 of this chapter may, within fifteen (15) days after receipt of notice of the decision, appeal the decision to the office of environmental adjudication. All proceedings under this section to appeal the commissioner's decision are governed by IC 4-21.5.
(b) The commissioner's decision to grant a variance does not take effect until available administrative remedies are exhausted.
[Pre-1996 Recodification Citation: 13-7-7-6(e).]
As added by P.L.1-1996, SEC.4. Amended by P.L.25-1997, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-11.5. Site-Specific Limitation for Npdes Permit; Application Process and Criteria

Sec. 11.5. (a) The department shall prepare and publish in the Indiana Register guidance on the application process and criteria for obtaining a site-specific limitation for a National Pollutant Discharge Elimination System (NPDES) permit. Criteria to be considered must include wet weather events, water effects ratio, and other site-specific considerations as determined by the department. Water effects ratio shall be the ratio of the aquatic toxicity of a parameter in the water of the receiving stream compared to the aquatic toxicity of the parameter in the laboratory water used to determine the standard.
(b) Beginning January 1, 1997, the department shall review any application and make a preliminary determination for a site-specific limitation not later than one hundred eighty (180) days after receipt of the application. The department may request additional information necessary to make the preliminary determination consistent with the guidance published under subsection (a). The one hundred eighty (180) day period does not include any days between the date the department requests additional information and the date the additional information is received by the department.
(c) The final determination on a site-specific limitation will be part of the NPDES permit decision under 327 IAC 5.
(d) If the agency does not issue a preliminary determination within the one hundred eighty (180) days provided for in subsection (b), the applicant may require that the department hire a qualified outside consultant to prepare the preliminary determination as expeditiously as possible.
(e) The department and the applicant may agree to extend the one hundred eighty (180) day period provided for in subsection (b).
As added by P.L.123-1996, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 8. Rules and Standards › 13-14-8-11.6. Permits for Modification or Construction of Water Pollution Facility

Sec. 11.6. (a) A discharger is not required to obtain a state permit for the modification or construction of a water pollution treatment or control facility if the discharger has an effective:
(1) National Pollutant Discharge Elimination System (NPDES) industrial permit for direct discharges to surface water; or
(2) industrial waste pretreatment permit not issued by the department for discharges to a publicly owned treatment works.
(b) If a modification is for the treatment or control of any new influent pollutant or increased levels of any existing pollutant, within thirty (30) days after commencement of operation, the discharger shall file with the department a notice of installation for the additional pollutant control equipment and a design summary of any modifications.
(c) The board shall adopt a general permit rule for the approval of sanitary collection system plans, lift station plans, and force main plans.
As added by P.L.72-1999, SEC.2. Amended by P.L.113-2014, SEC.63.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 3 and 4 of this chapter by P.L.100-2006 apply only to proposed rules for which the department of environmental management provides notice under section 3 of this chapter, as amended by P.L.100-2006, after June 30, 2006.
As added by P.L.220-2011, SEC.280.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-0.2. Application of Chapter to Certain Rules Commenced Before July 1, 2023

Sec. 0.2. This chapter (as effective January 1, 2023) continues to apply after June 30, 2023, to a rulemaking action that is commenced under this chapter before July 1, 2023.
As added by P.L.249-2023, SEC.49.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-1. Applicability of Chapter

Sec. 1. (a) Except as provided in section 14 of this chapter, this chapter applies to the following:
(1) The board.
(2) The petroleum storage tank financial assurance board established by IC 13-23-11-1.
(b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a board may not adopt a rule except in accordance with this chapter.
[Pre-1996 Recodification Citation: 13-7-7.1-1.]
As added by P.L.1-1996, SEC.4. Amended by P.L.100-2006, SEC.7; P.L.204-2007, SEC.11; P.L.133-2012, SEC.89; P.L.170-2023, SEC.19; P.L.176-2023, SEC.31; P.L.249-2023, SEC.50.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-2. Repealed

[Pre-1996 Recodification Citation: 13-7-7.1-2.]
As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.1; P.L.159-2011, SEC.14. Repealed by P.L.249-2023, SEC.51.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-3. Public Comment Period; Notice

Sec. 3. Before publication of the notice described in IC 4-22-2-23, the department may provide notice in the Indiana Register of a public comment period regarding potential rulemaking. A notice provided under this section must do the following:
(1) Identify the authority under which the proposed rule is to be adopted.
(2) Describe the subject matter and the basic purpose of the proposed rule. The description required by this subdivision must:
(A) list all alternatives being considered by the department at the time of the notice;
(B) state whether each alternative listed under clause (A) creates:
(i) a restriction or requirement more stringent than a restriction or requirement imposed under federal law; or
(ii) a restriction or requirement in a subject area in which federal law does not impose restrictions or requirements;
(C) state the extent to which each alternative listed under clause (A) differs from federal law;
(D) include any information known to the department about the potential fiscal impact of each alternative under clause (A) that creates:
(i) a restriction or requirement more stringent than a restriction or requirement imposed under federal law; or
(ii) a restriction or requirement in a subject area in which federal law does not impose restrictions or requirements; and
(E) set forth the basis for each alternative listed under clause (A).
(3) Describe the relevant statutory or regulatory requirements or restrictions relating to the subject matter of the proposed rule that exist before the adoption of the proposed rule.
(4) Request the submission of alternative ways to achieve the purpose of the proposed rule.
(5) Request the submission of comments, including suggestions of specific language for the proposed rule.
(6) Include a detailed statement of the issue to be addressed by adoption of the proposed rule.
[Pre-1996 Recodification Citation: 13-7-7.1-3.]
As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.2; P.L.240-2003, SEC.4; P.L.282-2003, SEC.35; P.L.2-2005, SEC.54; P.L.215-2005, SEC.16; P.L.1-2006, SEC.200; P.L.100-2006, SEC.8; P.L.249-2023, SEC.52.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-4.2. Department Required to Provide Regulatory Analysis to Board

Sec. 4.2. Not less than fourteen (14) days before the date of preliminary adoption of a proposed rule by a board, the department shall make available to the board the latest version of the regulatory analysis prepared for the proposed rule.
As added by P.L.240-2003, SEC.6. Amended by P.L.226-2005, SEC.2; P.L.123-2006, SEC.28; P.L.249-2023, SEC.54.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-4.5. Additional Public Comment Period; Notice

Sec. 4.5. (a) Except for a rule that has been preliminarily adopted by a board in a form that is:
(1) identical to; or
(2) not substantively different from;
the proposed rule published in a notice under IC 4-22-2-23 or (if applicable) IC 4-22-2-24, a board may not adopt a rule under this chapter until the board has conducted an additional public comment period that is at least thirty (30) days in length.
(b) The department shall publish notice of an additional public comment period with the information that is required to be published in the Indiana Register under section 5(a)(2) of this chapter.
As added by P.L.130-1997, SEC.3. Amended by P.L.240-2003, SEC.7; P.L.249-2023, SEC.55.