Title 13, TITLE 13. ENVIRONMENT

Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title. [1996 Recodification Citation: New.] As added by P.L.1-1996, SEC.1.

Sec. 2. The definitions in IC 36-1-2 apply to the following: (1) IC 13-20-3. (2) IC 13-20-22. (3) IC 13-21. [Pre-1996 Recodification Citation: 13-9.5-1-2.] As added by P.L.1-1996, SEC.1.

Sec. 3. Except as otherwise provided, the definitions in this article do not apply to the following: (1) IC 13-29-1. (2) IC 13-29-2. [1996 Recodification Citation: New.] As added by P.L.1-1996, SEC.1.

Sec. 1. The purpose of the recodification act of the 1996 regular session of the general assembly is to recodify prior environmental law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that: (1) the recodification act of the 1996 regular s…

Sec. 2. Subject to section 1 of this chapter, sections 3 through 8 of this chapter shall be applied to the statutory construction of the recodification act of the 1996 regular session of the general assembly. [1996 Recodification Citations: New.] As added by P.L.1-1996, SEC.2.

Sec. 3. (a) The recodification act of the 1996 regular session of the general assembly does not affect: (1) any rights or liabilities accrued; (2) any penalties incurred; (3) any violations committed; (4) any proceedings begun; (5) any bonds, notes, loans, or other forms of indeb…

Sec. 4. The recodification act of the 1996 regular session of the general assembly shall be construed as a recodification of prior environmental law. Except as provided in section 1(1) and 1(2) of this chapter, if the literal meaning of the recodification act of the 1996 regular …

Sec. 5. Subject to section 8 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1996 regular session of the general assembly shall be treated after the effective date of the…

Sec. 6. A citation reference in the recodification act of the 1996 regular session of the general assembly to another provision of the recodification act of the 1996 regular session of the general assembly shall be treated as including a reference to the provision of prior enviro…

Sec. 7. (a) As used in the recodification act of the 1996 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 1996 regular session of the general assembly refers to e…

grants of authority Sec. 8. (a) A reference in the recodification act of the 1996 regular session of the general assembly to a citation in the prior environmental law before its repeal is added in certain sections of the recodification act of the 1996 regular session of the gener…

Sec. 1. The department of environmental management is established. [Pre-1996 Recodification Citation: 13-7-2-11.] As added by P.L.1-1996, SEC.3.

[Pre-1996 Recodification Citation: 13-7-3-2.5.] As added by P.L.1-1996, SEC.4. Repealed by P.L.37-2012, SEC.18.

Sec. 10. The department shall encourage and assist units of local government in developing programs and facilities for the following: (1) Air, water, radiation, odor, and noise pollution control. (2) Wastewater treatment. (3) Water resource development. (4) Solid waste management…

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

appropriate board; public dissemination Sec. 11.5. (a) If the department proposes to utilize a policy or statement that: (1) interprets, supplements, or implements a statute or rule; (2) has not been adopted in compliance with IC 4-22-2; (3) is not intended by the department to h…

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) a…

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.1-1…

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…

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…

As added by P.L.192-2005, SEC.6. Amended by P.L.180-2014, SEC.4. Repealed by P.L.111-2018, SEC.6.

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.

Sec. 17. (a) Before November 1 of each year, the department shall submit an annual report to the governor and to the legislative council in an electronic format under IC 5-14-6. (b) The report under subsection (a) must include the following: (1) A summary of the: (A) reviews cond…

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 unde…

Sec. 2. The department shall conduct a program of continuing surveillance and inspection of the following: (1) Solid waste management sites. (2) Actual or threatened sources of environmental pollution by contamination, radiation, odor, or noise. [Pre-1996 Recodification Citation:…

Sec. 3. The department shall assure accomplishment of the comprehensive, long term programs established by the board. [Pre-1996 Recodification Citation: 13-7-3-4.] As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.73.

Sec. 4. The department shall procure compliance with standards and rules adopted by the board. [Pre-1996 Recodification Citation: 13-7-3-5.] As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.74.

Sec. 5. The department shall develop and implement a program of public awareness and participation to assure maximum citizen involvement in the evolution and continuation of the environmental programs of the state. [Pre-1996 Recodification Citation: 13-7-3-6.] As added by P.L.1-1…

programs Sec. 6. (a) The department shall, in cooperation with other state agencies, establish programs to educate: (1) students; (2) consumers; and (3) businesses; about the benefits of solid waste recycling and source reduction. (b) To implement the programs established under s…

Sec. 7. The commissioner shall prepare the proposed budget of the department and the board. [Pre-1996 Recodification Citation: 13-7-3-7.] As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.75.

Sec. 8. The commissioner may propose financing a structure to the board. [Pre-1996 Recodification Citation: 13-7-3-8.] As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.76.

Sec. 9. (a) The commissioner shall issue permits, licenses, orders, and variances as authorized by: (1) this title; (2) other statutes; and (3) rules of the board. (b) If the commissioner is notified by the department of state revenue that a person is on the most recent tax warra…

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, insta…

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) P…

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, sh…

Sec. 1. This chapter applies to all fees established under this title. [1996 Recodification Citations: New.] As added by P.L.1-1996, SEC.6. Amended by P.L.133-2012, SEC.114; P.L.250-2019, SEC.14.

fees Sec. 2. To establish fees or change the amount of a fee, the board shall: (1) follow the procedure required for the adoption of rules; and (2) take into account: (A) the cost to the department of the issuance of a permit, license, or approval; (B) the cost to the department …

Sec. 3. A fee established under this title for a type or class of permit: (1) may be based on the average of the costs specified in section 2 of this chapter for all permits of that type or class; (2) may be set at a particular amount in consideration of the type and amount of di…

Sec. 5. (a) Except as provided in subsection (b), a fee established by the board under this chapter shall be deposited in the environmental management permit operation fund under IC 13-15-11 when the fee is collected. (b) The fee established under IC 13-17-8-3 shall be deposited …

board Sec. 5.5. (a) All fee amounts set forth numerically in this title are minimum amounts. Even if the amount of a fee is set forth numerically in this title, the board, under HEA 1278-2019, SECTION 35, and sections 2 through 4 of this chapter, may increase the fee to an amount…

may not be increased by more than 10% Sec. 6. (a) The board may not: (1) set or change the amount of a fee established under this title more than one (1) time in five (5) years; or (2) require payment of a fee for material used as alternate daily cover pursuant to a permit issued…

fund Sec. 7. (a) Before billing a person under IC 13-18-20, IC 13-20-21, or IC 13-22-12, the commissioner shall review the money in the environmental management permit operation fund established under IC 13-15-11 and make the following adjustments: (1) If the balance of the fund …

Sec. 1. It is the intent and purpose of air pollution control laws to maintain the purity of the air resource of Indiana, which shall be consistent with protection of the public health and welfare and the public enjoyment of the air resource, physical property and other resources…

Sec. 2. Local and air quality basin control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality. [Pre-1996 Recodification Citation: 13-1-1-1(b).] As added by P.L.1-1996, SEC.7.

Sec. 3. Accomplishing the intent and purpose of air pollution control laws can be done most effectively by focusing on goals to be achieved by a maximum of cooperation among all parties concerned, and the rules established under this article should be clearly premised upon scient…

Sec. 1. The policy of the state is that: (1) source reduction; (2) recycling; and (3) other solid waste management alternatives; are preferred over incineration and landfill disposal as solid waste management methods. [Pre-1996 Recodification Citation: 13-7-1-1(b).] As added by P…

annual report on the environment; rules on legitimate use of waste Sec. 2. (a) The goal of the state is to encourage solid waste source reduction, recycling, and other alternatives to conserve environmental resources. (b) The department shall: (1) produce an annual report on the …

Sec. 3. (a) The state may not impose differential treatment against solid waste involved in interstate commerce unless: (1) authorized by federal law; (2) differential treatment of solid waste in interstate commerce equalizes financial, regulatory, or enforcement burdens among: (…

Sec. 1. (a) This chapter does not apply to an individual, a corporation, a partnership, a limited liability company, or a business association that in its regular business activity: (1) produces solid waste as a byproduct of or incidental to its regular business activity; and (2)…

Sec. 2. A person that applies for a permit for a solid waste disposal facility or a solid waste processing facility, except for a transfer station, must demonstrate that there is a local or regional need in Indiana for the facility. [Pre-1996 Recodification Citation: 13-7-10-1.5(…