reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-5. Adoption; Prerequisites

Sec. 5. (a) A board may not adopt a rule until all of the following occur:
(1) The board holds a board meeting on the proposed rule.
(2) The department, after approval of the proposed rule by the board under subsection (c), publishes the information in the Indiana Register required by section 4 of this chapter. However, a notice of an additional public comment period under section 4.5 of this chapter must request the submission of comments, including suggestions of specific amendments, that concern only the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in the immediately preceding notice under section 4 or (if applicable) 4.5 of this chapter.
(3) The board, after publication of the notice under subdivision (2), holds another board meeting on the proposed rule.
(4) If an additional public comment period is required under section 4.5 of this chapter, the department publishes notice of the additional public comment period in the Indiana Register.
(b) Board meetings held under subsection (a)(1) and (a)(3) shall be conducted in accordance with IC 4-22-2-26(b) through IC 4-22-2-26(d).
(c) At a board meeting held under subsection (a)(1), the board shall determine whether the proposed rule will:
(1) proceed to publication under subsection (a)(2);
(2) be subject to additional comments under section 4.5 of this chapter; or
(3) be reconsidered at a subsequent board meeting in accordance with IC 4-22-2-26(d).
[Pre-1996 Recodification Citation: 13-7-7.1-5.]
As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.4; P.L.2-1998, SEC.48; P.L.224-1999, SEC.2; P.L.123-2006, SEC.29; P.L.249-2023, SEC.56.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-6. Board Meetings; Written Materials

Sec. 6. The department shall include the following in the written materials to be considered at the board meetings held under section 5(a)(1) and 5(a)(3) of this chapter:
(1) The full text of the proposed rule, as most recently prepared by the department.
(2) The written responses of the department to all comments received:
(A) during the immediately preceding public comment period for a board meeting held under section 5(a)(1) of this chapter;
(B) during the immediately preceding board meeting under section 5(a)(1) of this chapter for a board meeting held under section 5(a)(3) of this chapter if an additional public comment period is not required under section 4.5 of this chapter; or
(C) during:
(i) an additional public comment period that address the portion of the preliminarily adopted rule that is substantively different from the language contained in the proposed rule published in a notice under section 4 of this chapter; and
(ii) the immediately preceding board meeting held under section 5(a)(1) of this chapter;
for a board meeting held under section 5(a)(3) of this chapter if an additional public comment period is required under section 4.5 of this chapter.
(3) The full text of the latest version of the regulatory analysis provided to the budget agency and the office of management and budget under IC 4-22-2-22.8.
[Pre-1996 Recodification Citation: 13-7-7.1-6.]
As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.5; P.L.224-1999, SEC.3; P.L.123-2006, SEC.30; P.L.249-2023, SEC.57.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-7. Repealed

[Pre-1996 Recodification Citation: 13-7-7.1-7.]
As added by P.L.1-1996, SEC.4. Repealed by P.L.249-2023, SEC.58.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-8. Rule Based on Nullified Federal Law or Regulation

Sec. 8. If the commissioner determines that a federal law, regulation, or rule:
(1) is the basis of a rule that is adopted by the board; and
(2) is stayed by an administrative or a judicial order pending an administrative or a judicial action regarding the validity of the federal law, rule, or regulation;
the commissioner may suspend the enforcement of that part of the adopted rule that corresponds to the stayed federal law, rule, or regulation while the stay is in force.
[Pre-1996 Recodification Citation: 13-7-7.1-8.]
As added by P.L.1-1996, SEC.4. Amended by P.L.204-2007, SEC.12; P.L.79-2011, SEC.1; P.L.159-2011, SEC.15; P.L.6-2012, SEC.103; P.L.249-2023, SEC.59.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-9. Action Upon Proposed Rules; Amended Proposal

Sec. 9. After complying with sections 4 through 6 of this chapter, the board may, at the board meeting held under section 5(a)(3) of this chapter:
(1) adopt a rule that is identical to the proposed rule published under section 5(a)(2) of this chapter or with amendments that meet the substantially similar or logical outgrowth requirements of IC 4-22-2-29(c);
(2) recommend amendments to the proposed rule;
(3) reject the proposed rule; or
(4) reconsider the proposed rule at a subsequent board meeting in accordance with IC 4-22-2-26(d).
[Pre-1996 Recodification Citation: 13-7-7.1-9.]
As added by P.L.1-1996, SEC.4. Amended by P.L.249-2023, SEC.60.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-10. Repealed

[Pre-1996 Recodification Citation: 13-7-7.1-10.]
As added by P.L.1-1996, SEC.4. Repealed by P.L.249-2023, SEC.61.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-11. Amended Proposals; Notice

Sec. 11. If the board recommends amendments to a proposed rule under section 9(2) of this chapter, the full text of the proposed rule and accompanying amendments shall be published in accordance with section 5(a)(2) of this chapter. After that publication, the board shall hold another board meeting on the proposed rule under section 5(a)(3) of this chapter.
[Pre-1996 Recodification Citation: 13-7-7.1-11.]
As added by P.L.1-1996, SEC.4. Amended by P.L.249-2023, SEC.62.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-12. Rejection; Grounds

Sec. 12. The board may reject a proposed rule under section 9 of this chapter if one (1) of the following conditions exists:
(1) The board determines that necessary amendments to the proposed rule will affect persons that reasonably require an opportunity to comment under section 4 of this chapter.
(2) The board determines that due to the fundamental or inherent structure or content of the proposed rule, the only reasonably anticipated method of developing a rule acceptable to the board is to require the department to redraft the rule and to obtain public comments under section 4 of this chapter.
(3) The board determines that, due to a procedural or other defect in the implementation of applicable rulemaking requirements, an interested or affected party will be unfairly and substantially prejudiced if the public comment period under section 4 of this chapter is not again afforded and that no reasonable alternative method to obtain public comments is available to the interested or affected party other than the public comment period under section 4 of this chapter.
[Pre-1996 Recodification Citation: 13-7-7.1-12.]
As added by P.L.1-1996, SEC.4. Amended by P.L.204-2007, SEC.13; P.L.249-2023, SEC.63.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-13. Rejection; Public Comment

Sec. 13. If a board rejects a proposed rule under section 12 of this chapter, the proposed rule is subject to section 4 of this chapter whether or not the proposed rule has previously been the subject of the comment period required by section 4 of this chapter.
[Pre-1996 Recodification Citation: 13-7-7.1-13.]
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 9. Rulemaking Procedures › 13-14-9-14. Procedures for Board to Establish Water Quality Standards for Combined Sewer Community; Notice of Rulemaking; Hearing; Epa Approval

Sec. 14. (a) Except as provided in subsection (g), sections 1 through 13 of this chapter do not apply to a rule adopted under this section.
(b) The board may use the procedures in this section to adopt a rule to establish new water quality standards for a community served by a combined sewer that has:
(1) an approved long term control plan; and
(2) an approved use attainability analysis that supports the use of a CSO wet weather limited use subcategory established under IC 13-18-3-2.5.
(c) After the department approves the long term control plan and use attainability analysis, the department shall publish in the Indiana Register a notice of adoption of a proposed rule to establish a CSO wet weather limited use subcategory for the area defined by the approved use attainability analysis.
(d) The notice under subsection (c) must include the following:
(1) Suggested rule language that amends the designated use to allow for a CSO wet weather limited use subcategory in accordance with IC 13-18-3-2.5.
(2) A written comment period of at least thirty (30) days.
(3) A notice of public hearing before the board.
(e) The department shall include the following in the written materials to be considered by the board at the public hearing referred to in subsection (d)(3):
(1) The full text of the proposed rule as most recently prepared by the department.
(2) Written responses of the department to written comments received during the comment period referred to in subsection (d)(2).
(3) The letter prepared by the department approving the long term control plan and use attainability analysis.
(f) At the public hearing referred to in subsection (d)(3), the board may:
(1) adopt the proposed rule to establish a new water quality standard amending the designated use to allow for a CSO wet weather limited use subcategory;
(2) adopt the proposed rule with amendments;
(3) reject the proposed rule; or
(4) determine to reconsider the proposed rule at a subsequent board meeting.
(g) If the board adopts the proposed rule with amendments under subsection (f)(2), the amendments must meet the substantially similar or logical outgrowth requirements of IC 4-22-2-29(c). The board, in determining whether the amendments are a logical outgrowth of comments provided to the board, and in considering whether the language of comments provided to the board fairly apprised interested persons of the specific subjects and issues contained in the amendments, shall consider the comments provided to the board at the public hearing referred to in subsection (d)(3).
(h) The department shall submit a new water quality standard established in a rule adopted under subsection (f) to the United States Environmental Protection Agency for approval.
As added by P.L.100-2006, SEC.10. Amended by P.L.159-2011, SEC.16; P.L.133-2012, SEC.90; P.L.249-2023, SEC.64.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-15. Environmental Management Rules; Expiration

Sec. 15. Rules adopted in accordance with this chapter by the department of environmental management or a board that has rulemaking authority under this title expire as provided in IC 4-22-2.6.
As added by P.L.249-2023, SEC.65.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 9. Rulemaking Procedures › 13-14-9-16. Expiration of Rule Document; Publisher Notification of Failure to Adopt a Rule

Sec. 16. (a) For a rule document subject to this chapter, the one (1) year period established under IC 4-22-2-25 in which to adopt a rule and obtain the approval or deemed approval of the governor commences on the date that the initial public comment period notice for the rule document is published in the Indiana Register under section 4 of this chapter.
(b) If an agency determines that a rule cannot be adopted within one (1) year after the publication of the notice, the department shall, before two hundred fifty (250) days following the publication of the notice, notify the publisher by electronic means:
(1) the reasons why the rule was not adopted and the expected date the rule will be completed; and
(2) the expected date the rule will be approved or deemed approved by the governor or withdrawn under IC 4-22-2-41.
(c) If a rule is not approved before the later of:
(1) one (1) year after the department publishes the initial notice of intent under this chapter; or
(2) the expected date contained in a notice concerning the rule that is provided to the publisher under subsection (b);
a later approval or deemed approval is ineffective, and the rule may become effective only through another rulemaking action initiated under this chapter.
As added by P.L.249-2023, SEC.66.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 10. General Emergency Procedures › 13-14-10-1. Emergency Order; Notice; Compliance

Sec. 1. (a) Whenever the commissioner concludes, in consultation with the commissioner of the Indiana department of health, that contamination of air, water, or land in any area has reached the point where the contamination constitutes a clear and present danger to the health and safety of persons in any area, the commissioner's determination shall be immediately communicated to the governor. The commissioner, in concert with the commissioner of the Indiana department of health, shall request the governor to declare that an emergency exists.
(b) The governor may:
(1) proclaim the existence of an emergency; and
(2) order all persons causing or contributing to the causing of the contamination to reduce or discontinue immediately the emission or discharge of contaminants.
(c) Notice of an emergency order must be in writing wherever practicable. However, if the governor considers that written notice is not practicable, the governor may give notice in the manner determined by the governor.
(d) A person against whom an emergency order of the governor has been issued shall, upon receiving notice of the order, immediately comply with the provisions of the order.
(e) The governor may enforce an order by any appropriate action.
(f) The procedures for emergency orders provided for in this section are governed by IC 4-21.5-4.
[Pre-1996 Recodification Citation: 13-7-12-1.]
As added by P.L.1-1996, SEC.4. Amended by P.L.56-2023, SEC.127.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 10. General Emergency Procedures › 13-14-10-2. Suit on Behalf of State to Restrain Person Contributing to Pollution

Sec. 2. (a) Upon receipt of evidence that a pollution source or combination of sources, including an industrial user of a publicly owned treatment plant, is presenting an imminent and substantial endangerment to:
(1) the health of persons; or
(2) the welfare of persons whose livelihood is endangered;
the commissioner shall bring suit under subsection (b).
(b) Upon the receipt of evidence under subsection (a), the commissioner shall bring suit on behalf of the state in the appropriate court to:
(1) immediately restrain any person causing or contributing to the alleged pollution to stop the discharge or introduction of contaminants causing or contributing to the pollution; or
(2) take other necessary action.
(c) The duty of the commissioner to bring suit under subsection (a) is:
(1) in addition to the authority contained in section 1 of this chapter; and
(2) notwithstanding any other provision of this title.
[Pre-1996 Recodification Citation: 13-7-12-2.]
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 10. General Emergency Procedures › 13-14-10-3. Emergency Assistance

Sec. 3. (a) The commissioner may order and provide assistance to abate or remedy an emergency, on private or public property, caused by the discharge or impending discharge of any contaminant into or on the air, land, or waters of Indiana that poses an imminent and substantial danger to public health or the environment whenever:
(1) the assistance must be immediate to be efficacious; and
(2) any person responsible for abatement or remedying the emergency:
(A) cannot be determined or located; or
(B) has refused or failed to take prompt and effective action to abate or remedy the emergency.
(b) For the purpose of this section, the commissioner may request the direct purchase of supplies, materials, services, and equipment for immediate use under IC 5-22-10-4.
(c) In addition to any civil or criminal penalties under the environmental management laws the department may recover the cost of assistance provided under this section from any person responsible for the emergency by commencing a civil action in any court of competent jurisdiction. Officials who collect money under this subsection shall remit the money to the treasurer of state. The money shall be deposited in the environmental management special fund created by IC 13-14-12.
(d) The department may accept on behalf of the state any reimbursement for assistance provided under this section from the federal government. The reimbursements shall be remitted to the treasurer of state for deposit in the environmental management special fund created by IC 13-14-12.
(e) Notwithstanding any other provisions of this title, the authority granted under this section:
(1) is in addition to; and
(2) may be exercised independently of;
any other authority contained in this chapter.
[Pre-1996 Recodification Citation: 13-7-12-3(b), (c), (d), (e), (f).]
As added by P.L.1-1996, SEC.4. Amended by P.L.49-1997, SEC.47.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 11. Records of the Department and Boards › 13-14-11-1. Record of Actions Taken; Confidential Information

Sec. 1. (a) The commissioner shall maintain a record of the actions taken under this title. Subject to subsection (b), these:
(1) records, issued permits, permit applications, and related documentation filed with the department; and
(2) records, reports, and other information obtained under the recording, reporting, monitoring, sampling, information, entry, inspection, investigation, and copying requirements of this title;
shall be made available for public inspection and copying in the department offices during regular business hours under IC 5-14-3.
(b) Upon showing satisfactory to the commissioner by any person that all or any part of the records, reports, permits, permit applications, documentation, or information other than effluent or emission data, would, if made public, divulge methods or processes entitled to protection as trade secrets of the person, the commissioner shall consider, treat, and protect all or part of the trade secret records, reports, or information as confidential.
[Pre-1996 Recodification Citations: 13-7-6-6 part; 13-7-16-3(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 11. Records of the Department and Boards › 13-14-11-2. Waiver of Fees

Sec. 2. The department and boards may reduce or waive fees otherwise required by IC 5-14-3-8 for the copying of public records if the department or board having authority over the records determines that the fee reduction or waiver is in the public interest.
[Pre-1996 Recodification Citation: 13-7-16-3(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 11. Records of the Department and Boards › 13-14-11-3. Records Permissively Excepted From Disclosure

Sec. 3. (a) A person required by the department or a board to submit a record that in the person's opinion constitutes a record that is:
(1) confidential under IC 5-14-3-4(a); or
(2) permissively excepted under IC 5-14-3-4(b);
may so certify and request that the record be made available only for the use of the department or the boards.
(b) The department shall consider a request made under subsection (a). If the department finds that the record is excepted from disclosure under IC 5-14-3-4(a), the request shall be granted. If the department finds that the record is permissively excepted from disclosure under IC 5-14-3-4(b), the request may be granted.
(c) It is the duty of:
(1) the person providing the record to ask that any or all of the record be declared excepted from disclosure under IC 5-14-3-4; and
(2) the commissioner to decide whether the record will be made public, subject to review as provided in IC 4-21.5-5.
[Pre-1996 Recodification Citation: 13-7-16-3(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 11. Records of the Department and Boards › 13-14-11-4. Storage and Security of Files

Sec. 4. The department shall, subject to the approval of the board, develop written procedures for the separate storage and security of files containing records excepted from disclosure requirements under IC 5-14-3-4.
[Pre-1996 Recodification Citation: 13-7-16-3(c).]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.91.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 11. Records of the Department and Boards › 13-14-11-5. Confidentiality Agreements

Sec. 5. The board shall adopt rules requiring the execution of a confidentiality agreement with persons employed, contracted, or subcontracted by the department that is enforceable by:
(1) the state; and
(2) the submitter of the information.
[Pre-1996 Recodification Citation: 13-7-16-3(d).]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.92.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 11. Records of the Department and Boards › 13-14-11-6. Disclosure to Other Officers, Employees, or Authorized Representatives

Sec. 6. All records, reports, or information accorded confidential treatment under this chapter may be disclosed or transmitted to other officers, employees, or authorized representatives of the state or of the United States:
(1) concerned with carrying out or implementing this title; or
(2) when relevant in any proceeding related to enforcement.
[Pre-1996 Recodification Citation: 13-7-6-6 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 12. Environmental Management Special Fund › 13-14-12-1. Sources of Money for the Fund; Commissioner May Redirect Penalty Revenue

Sec. 1. (a) The officials collecting the following shall remit the money to the treasurer of state:
(1) Money collected under the following:
(A) IC 13-30-4-1.
(B) IC 13-30-4-2.
(C) IC 13-30-5-1.
(2) Fees collected under IC 13-16-1-2 through IC 13-16-1-5.
(b) Except as provided in subsection (c), the treasurer of state shall credit the money to the environmental management special fund.
(c) With respect to the money collected under subsection (a)(1)(A) and (a)(1)(B):
(1) the commissioner may direct the treasurer of state to credit all or a part of the money to the solid waste management fund established by IC 13-20-22-2; and
(2) the treasurer of state shall:
(A) credit money as directed by the commissioner under subdivision (1); and
(B) credit to the environmental management special fund only money that is not credited under subdivision (1).
[Pre-1996 Recodification Citation: 13-7-13-2(a) part.]
As added by P.L.1-1996, SEC.4. Amended by P.L.143-2000, SEC.2; P.L.170-2006, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 12. Environmental Management Special Fund › 13-14-12-2. Use of Money

Sec. 2. The money on deposit in the environmental management special fund shall be used exclusively for the purposes of the department and the board. The revenues accruing to the fund are appropriated to the department for purposes of this title. However, expenditures for projects authorized by the department or the board must be approved by the governor and the budget agency.
[Pre-1996 Recodification Citation: 13-7-13-2(a) part.]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.93.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 12. Environmental Management Special Fund › 13-14-12-3. Emergencies

Sec. 3. The budget agency shall, with the governor's approval, set aside a certain amount of the fund to be expended for emergency purposes under IC 13-14-10-3 by the commissioner without additional approval from the budget agency or the governor.
[Pre-1996 Recodification Citation: 13-7-13-2(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 12. Environmental Management Special Fund › 13-14-12-4. Auditor's Report

Sec. 4. (a) The auditor of state shall issue a report on the fund not later than ten (10) working days following the last day of each four (4) month period.
(b) The report must:
(1) include the beginning and ending balance, disbursements, and receipts, including accrued interest or other investment earnings of the fund;
(2) comply with accounting standards under IC 4-13-2-7(a)(1); and
(3) be available to the public.
(c) The auditor of state shall forward copies of the report to the following:
(1) The commissioner.
(2) The standing committees of the house of representatives and the senate concerned with the environment.
(3) The board.
[Pre-1996 Recodification Citation: 13-7-13-2(c).]
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.94.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 13. Electronic Applications and Reports › 13-14-13-1. Applicability

Sec. 1. This chapter applies to the use of an electronic submission for any of the following:
(1) Satisfaction of a state or federal requirement for reporting to the department.
(2) Satisfaction of the requirements for an application to the department.
(3) Submission to the department of any other substitute for a paper document.
As added by P.L.114-2008, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 13. Electronic Applications and Reports › 13-14-13-2. Department May Require Electronic Submissions; Exception; Acceptable Submissions

Sec. 2. (a) If a person is required to submit information or a document to the department, the department may require the person to submit the information or document electronically. However, the department may not require a person to submit information or a document to the department electronically if the person demonstrates to the department that being required to submit the information or document electronically will constitute an undue hardship or burden for the person.
(b) The department may accept an electronic submission of information only if the submission meets the following:
(1) Requirements of cross-media electronic reporting under 40 CFR 3.
(2) Procedures established by the department to accept electronic information.
As added by P.L.114-2008, SEC.8. Amended by P.L.159-2011, SEC.17; P.L.147-2015, SEC.4.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 13. Electronic Applications and Reports › 13-14-13-4. Department Adoption of Procedures for Electronic Signatures on Electronic Documents

Sec. 4. (a) The department may adopt procedures that are consistent with federal law for compliance with this chapter to allow an applicant to submit an electronic document bearing the valid electronic signature of a signatory if that signatory would otherwise be required to sign the paper document for which the electronic document substitutes.
(b) The procedures adopted under subsection (a) may provide for electronic signature standards that are consistent with 40 CFR 3.
As added by P.L.114-2008, SEC.8. Amended by P.L.159-2011, SEC.18.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 13. Electronic Applications and Reports › 13-14-13-5. Electronic Signature Requirements; Repudiation of Electronic Signature Not Permitted

Sec. 5. Information submitted in an acceptable electronic document under a procedure adopted under section 4 of this chapter must have a signature uniquely assigned. The receiving system for the document must be able to attribute the signature to a specific individual. If an electronic document is submitted under an assigned signature, the signatory may not repudiate responsibility for the signature.
As added by P.L.114-2008, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 13. Electronic Applications and Reports › 13-14-13-6. Civil, Criminal, and Other Penalties

Sec. 6. A person is subject to applicable state or federal civil, criminal, or other penalties and remedies for failure to comply with a reporting requirement if the person submits an electronic document that:
(1) is in place of a paper document under this chapter; and
(2) fails to comply with the following:
(A) Requirements of cross-media electronic reporting under 40 CFR 3.
(B) Procedures established by the department to accept electronic information.
As added by P.L.114-2008, SEC.8. Amended by P.L.159-2011, SEC.19.
2023 Indiana Code › Title 13. Environment › Article 14. Powers and Duties of Department of Environmental Management and Boards › Chapter 13. Electronic Applications and Reports › 13-14-13-7. Criminal Penalties Applicable to Information Provided in Both Electronic and Other Forms

Sec. 7. A person submitting information using an assigned signature is liable under IC 13-30-10 for the information provided and subject to penalties under that chapter, regardless of whether the information submitted is in electronic form or other form.
As added by P.L.114-2008, SEC.8.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 1. Types of Permits › 13-15-1-1. Air Pollution, Noise, and Atomic Radiation

Sec. 1. The board shall establish requirements for the issuance of permits to control air pollution, noise, and atomic radiation, including the following:
(1) Permits to control or limit the emission of any contaminants into the atmosphere.
(2) Permits for the construction, installation, or modification of facilities, equipment, or devices to control or limit any discharge, emission, or disposal of contaminants into the air.
(3) Permits for the operation of facilities, equipment, or devices to control or limit the discharge, emission, or disposal of any contaminants into the environment.
[Pre-1996 Recodification Citation: 13-7-10-1(c).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.95.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 1. Types of Permits › 13-15-1-2. Water Pollution and Atomic Radiation

Sec. 2. The board shall establish requirements for the issuance of permits to control water pollution and atomic radiation, including the following:
(1) Permits to control or limit the discharge of any contaminants into state waters or into a publicly owned treatment works.
(2) Permits for the construction, installation, or modification of facilities, equipment, or devices to control or limit any discharge, emission, or disposal of contaminants into the waters of Indiana or into a publicly owned treatment works.
(3) Permits for the operation of facilities, equipment, or devices to control or limit the discharge, emission, or disposal of any contaminants into the waters of Indiana or into a publicly owned treatment works.
However, the board may not require a permit under subdivision (2) for any facility, equipment, or device constructed, installed, or modified as part of a surface coal mining operation that is operated under a permit issued under IC 14-34.
[Pre-1996 Recodification Citation: 13-7-10-1(d).]
As added by P.L.1-1996, SEC.5. Amended by P.L.123-1996, SEC.11; P.L.133-2012, SEC.96.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 1. Types of Permits › 13-15-1-3. Requirements for Issuance of Permits for Solid Waste, Hazardous Waste, and Atomic Radiation

Sec. 3. The board shall establish requirements for the issuance of permits to control solid waste, hazardous waste, and atomic radiation, including the following:
(1) Permits to control or limit the disposal of any contaminants onto or into the land.
(2) Permits for the construction, installation, or modification of facilities, equipment, or devices:
(A) to control or limit any discharge, emission, or disposal of contaminants into the land; or
(B) for the storage, treatment, processing, transferring, or disposal of solid waste or hazardous waste.
(3) Permits for the operation of facilities, equipment, or devices:
(A) to control or limit the discharge, emission, transfer, or disposal of any contaminants into the land; or
(B) for the storage, transportation, treatment, processing, transferring, or disposal of solid waste or hazardous waste.
(4) Permits for the disposal of coal combustion residuals in landfills and surface impoundments.
[Pre-1996 Recodification Citation: 13-7-10-1(e).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.97; P.L.100-2021, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 1. Types of Permits › 13-15-1-3.2. Hazardous Waste Permit Also Confers Solid Waste Authority; Solid Waste Must Not Come Into Contact With Hazardous Waste; Rule Amendment Required

Sec. 3.2. (a) A transfer station or any facility that holds a valid permit or authorization to haul, treat, store, dispose of, or ship hazardous waste may haul, transfer, consolidate, process, ship, or otherwise manage solid waste without also holding a permit to haul, transfer, process, or ship solid waste.
(b) A hazardous waste treatment, storage, or disposal facility that holds a valid permit to haul, treat, store, dispose of, or ship hazardous waste may haul, transfer, treat, store, dispose of, process, or ship solid waste without also holding a permit to haul, transfer, treat, store, dispose of, process, or ship solid waste.
(c) Solid waste that is managed:
(1) at a transfer station; or
(2) at any facility that holds a valid permit to haul, treat, store, dispose of, or ship hazardous waste;
shall not be stored, treated, or disposed of in direct contact with hazardous waste.
(d) If any portion of a quantity of solid waste that is managed:
(1) at a transfer station; or
(2) at any facility that holds a valid permit to haul, treat, store, dispose of, or ship hazardous waste;
comes into direct contact with a hazardous waste, the solid waste becomes subject to 40 CFR 261.3(a)(2)(iv) and shall then be managed as a hazardous waste.
(e) The board shall amend 329 IAC 11 to conform to this section.
As added by P.L.120-2022, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 2. Rules for Issuance of Permits › 13-15-2-1. Duty of Board to Adopt Rules

Sec. 1. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to establish requirements and procedures for the issuance of permits.
(b) In rules for the issuance of permits, the board may do the following:
(1) Prescribe standards for the discharge, emission, or disposal of contaminants and the operation of any facility, equipment, or device.
(2) Impose the conditions that are considered necessary to accomplish the purposes of this title.
[Pre-1996 Recodification Citation: 13-7-10-1(a), (b).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.98.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 2. Rules for Issuance of Permits › 13-15-2-2. Allowable Uses; Content; Criteria; Priority Applications; Consistency With Federal Law

Sec. 2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to allow the department to issue permits that do the following:
(1) Provide incentives to owners and operators of facilities to assess the pollution emitted by the facilities into all environmental media.
(2) Provide incentives to owners and operators of facilities to implement the most innovative and effective pollution control or pollution prevention strategies while maintaining enforceable performance goals.
(3) Provide incentives to owners and operators of facilities to reduce pollution levels at the facilities below the levels required by law.
(4) Consolidate environmental requirements into one (1) permit that would otherwise be included in more than one (1) permit.
(5) Reduce the time and money spent by owners and operators of facilities and the department on administrative tasks that do not benefit the environment.
(6) Provide owners and operators of facilities with as much operational flexibility as can reasonably be provided while being consistent with enforcement of permit requirements.
(b) The rules adopted under this section may provide for permits that contain the following:
(1) Authorization of emission trading.
(2) Consolidated reporting mechanisms.
(3) Third party certifications.
(4) Multimedia regulation.
(5) Other conditions consistent with subsection (a).
(c) The rules adopted under this section must provide that a permit issued under the rules adopted under this section meets the following criteria:
(1) Activities conducted under the permit must result in greater overall environmental protection than would otherwise be achieved under applicable law.
(2) Upon issuance of a permit, all limits, conditions, and standards contained in the permit are enforceable under IC 13-30-3.
(3) The permit applicant must give notice in accordance with IC 13-15-8, and the commissioner shall give notice to the public and provide an opportunity to comment on the proposed permit in accordance with IC 13-15-5.
(d) The rules adopted under this section must allow the department to give priority to applications involving permits that are issued as described in this section based on:
(1) the degree of environmental benefit that may be obtained under the permit;
(2) the potential application of any innovative control technologies or regulatory procedures that may be made available to other permit applicants and permit holders; and
(3) other criteria that the board may establish.
(e) The rules adopted under this section must be consistent with federal law for federally authorized or delegated permit programs.
As added by P.L.128-1996, SEC.2. Amended by P.L.133-2012, SEC.99.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 3. Procedure for Issuance of Permits › 13-15-3-1. Notice of Permit Applications Received

Sec. 1. (a) Whenever the department receives a permit application, the department shall send notice that the permit application has been received by the department to the following:
(1) The county executive of a county that is affected by the permit application.
(2) The executive of a city that is affected by the permit application.
(3) The executive of a town council of a town that is affected by the permit application.
(b) The department may require a person who submits a permit application to the department to provide information on the application necessary for the department to implement subsection (a).
[Pre-1996 Recodification Citation: 13-7-3-18.]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 3. Procedure for Issuance of Permits › 13-15-3-1.3. Military Base Permits

Sec. 1.3. The department shall give priority to permit applications that concern:
(1) military bases; and
(2) the destruction, reclamation, recycling, reprocessing, or demilitarization of ordnance and other explosive materials.
As added by P.L.5-2005, SEC.3.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 3. Procedure for Issuance of Permits › 13-15-3-2. Length of Time Permit May Be Issued; Renewal

Sec. 2. (a) A permit issued under:
(1) this article (except IC 13-15-9);
(2) IC 13-17-11;
(3) IC 13-18-18; or
(4) IC 13-20-1;
may be issued for any period determined by the department to be appropriate but not to exceed five (5) years.
(b) Except as provided in federal law, a valid permit that has been issued under this chapter that concerns an activity of a continuing nature may be renewed for a period of not more than ten (10) years as determined by the department. The board shall adopt rules implementing this subsection.
(c) The commissioner may delegate authority to issue or deny permits to a designated staff member.
[Pre-1996 Recodification Citation: 13-7-10-2(a).]
As added by P.L.1-1996, SEC.5. Amended by P.L.123-1996, SEC.12; P.L.128-1996, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 3. Procedure for Issuance of Permits › 13-15-3-3. Hearings

Sec. 3. (a) A public hearing shall be held on the question of:
(1) the issuance of an original or renewal permit for a hazardous waste disposal facility under IC 13-22-3; or
(2) the issuance of an original permit for a solid waste disposal facility or a solid waste incinerator regulated under IC 13-20-8;
as provided in subsection (b).
(b) A public hearing shall be held under subsection (a) upon:
(1) the request of the applicant;
(2) the filing of a petition requesting a public hearing that is signed by one hundred (100) adult individuals who:
(A) reside in the county where the proposed or existing facility is or is to be located; or
(B) own real property within one (1) mile of the site of the proposed or existing facility; or
(3) the motion of the commissioner.
(c) The public hearing authorized by this section does not constitute an agency action under IC 4-21.5.
[Pre-1996 Recodification Citation: 13-7-10-2(b).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 3. Procedure for Issuance of Permits › 13-15-3-4. Location of Hearings

Sec. 4. If the petition under section 3(b)(2) of this chapter requests that the public hearing be conducted at a location within a county affected by a proposed permit, the department shall conduct the public hearing at that location.
[Pre-1996 Recodification Citation: 13-7-10-2(c).]
As added by P.L.1-1996, SEC.5.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 3. Procedure for Issuance of Permits › 13-15-3-5. Department May Issue Certain Permits Only After Staff Action; Local Approval

Sec. 5. (a) Whenever a permit is required by any rule of the board under IC 13-15-1 for the construction, installation, operation, or modification of any facility, equipment, or device, the permit may be issued only after the department staff has:
(1) approved the plans and specifications; and
(2) determined that the facility, equipment, or device meets the requirement of the rule.
(b) Notwithstanding subsection (a) and subject to subsection (c), a person to whom a permit has been issued may not start the construction, installation, operation, or modification of a facility, equipment, or a device until the person has obtained any approval required by any:
(1) county;
(2) city; or
(3) town;
in which the facility, equipment, or device is located.
(c) Subsection (b) applies only to an approval required in an applicable ordinance, rule, or regulation in effect at the time the person submits the permit application to the issuing state agency.
[Pre-1996 Recodification Citation: 13-7-10-2(d).]
As added by P.L.1-1996, SEC.5. Amended by P.L.78-2009, SEC.12; P.L.133-2012, SEC.100.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 3. Procedure for Issuance of Permits › 13-15-3-6. Activity of Continuing Nature; Expiration of Existing Permit; Renewal of Hazardous Waste Disposal Facility Permit

Sec. 6. (a) When a person holding a valid permit concerning an activity of a continuing nature has made a timely and sufficient application for a renewal or a new permit in accordance with rules of the board, the existing permit does not expire until a final determination on the application has been made by the department. However, the commissioner may seek injunctive relief with regard to the continuing activity of the permit applicant while the permit application is pending if the continuing activity of the permit applicant constitutes a threat to the public health, safety, or welfare.
(b) An application for renewal of a hazardous waste disposal facility operating permit under IC 13-22-3 must be submitted at least one hundred eighty (180) days before the expiration of the facility's current permit to be considered timely under this section.
[Pre-1996 Recodification Citation: 13-7-10-2(e).]
As added by P.L.1-1996, SEC.5. Amended by P.L.133-2012, SEC.101.
2023 Indiana Code › Title 13. Environment › Article 15. Permits Generally › Chapter 4. Schedules for Determinations on Permits › 13-15-4-2. Public Hearing; Period for Ruling on Applications

Sec. 2. (a) This section does not apply to permit applications described in section 1(a)(1) or 1(a)(2) of this chapter.
(b) If the department determines that a public hearing should be held under:
(1) IC 13-15-3-3; or
(2) any other applicable rule or law;
the commissioner has thirty (30) days in addition to the number of days provided for in section 1 of this chapter in which to approve or deny the application.
[Pre-1996 Recodification Citation: 13-7-10.1-4(b).]
As added by P.L.1-1996, SEC.5. Amended by P.L.1-2007, SEC.127.