Title 13, TITLE 13. ENVIRONMENT

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 obt…

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 Recodificat…

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 av…

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-…

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 imp…

Sec. 1. (a) The environmental management permit operation fund is established for the purpose of providing money for permitting and directly associated activities of the following programs of the department and the board: (1) The National Pollutant Discharge Elimination System pr…

Sec. 2. (a) The department shall administer the fund. Revenue that accrues to the fund is continuously appropriated to the department for the purpose set forth in subsection (c). (b) Expenses of administering the fund shall be paid from money in the fund. (c) Money in the fund ma…

Sec. 3. The sources of money for the fund are the following: (1) The fees and delinquent charges collected under the following: (A) IC 13-18-10. (B) IC 13-18-20. (C) IC 13-18-20.5. (D) IC 13-20-21. (E) IC 13-22-12. (2) Appropriations from the general assembly. [Pre-1996 Recodific…

Sec. 4. (a) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. (b) Money in the fund at the end of a state fiscal year does not revert to the state general fu…

[Pre-1996 Recodification Citation: 13-7-16-6.5(e).] As added by P.L.1-1996, SEC.5. Amended by P.L.53-2014, SEC.121. Repealed by P.L.130-2018, SEC.60.

Sec. 6. Before September 1 of each even-numbered year, the department shall publish on the department's Internet web site: (1) the department's proposed distribution of funds among the programs referred to in section 1 of this chapter for the current state fiscal year; (2) the de…

Sec. 1. This chapter does not apply to a thermal oxidation unit that would be used by a person that: (1) generates soil contaminated by petroleum or a petroleum byproduct at a site owned or operated by the person; and (2) remediates the soil at the same site. [Pre-1996 Recodifica…

Sec. 2. The department may not issue a permit for the construction or the operation of a thermal oxidation unit that would be used only to remediate soil contaminated by petroleum or a petroleum byproduct if the thermal oxidation unit would be constructed or operated in a county …

Sec. 1. (a) As used in this chapter, "transient noncommunity water system" has the meaning set forth in IC 13-11-2-237.5. (b) The commissioner may determine that this chapter does not apply to a transient noncommunity water system. [Pre-1996 Recodification Citation: 13-1-6-11.] A…

Sec. 1.5. The board shall adopt regulations to implement certification programs for operators of water treatment plants or water distribution systems. The certification program for the operators shall be classified in accordance with the complexity, size, and source of the water …

Sec. 10. (a) Certificates in appropriate classification shall be issued upon application and payment of the fee to operators of wastewater treatment plants who, on July 1, 1968, hold certificates of competency attained by examination under the voluntary certification program admi…

Sec. 10.5. (a) The commissioner may issue a certificate to a person under this chapter if all of the following conditions are met: (1) The person is an operator in responsible charge of a water treatment plant or water distribution system that was: (A) in operation before Septemb…

Sec. 11. (a) All water or wastewater treatment plants and water distribution systems, whether publicly or privately owned, must be under the supervision of an operator whose competency is certified to by the commissioner in a classification corresponding to the classification of …

Sec. 12. (a) When a vacancy in a position of operator occurs due to death, resignation, extended illness, or a similar cause, the vacancy may be filled for a period not exceeding one (1) year by an operator with a provisional certification. (b) On written request of the governing…

Sec. 13. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are necessary to carry out the intent of this chapter. The rules must include the following: (1) Provisions establishing the basis for classification of water treatment plants, water distribution systems, an…

Sec. 14. (a) A person, firm, or corporation, whether municipal or private, may not operate a water or wastewater treatment plant or a water distribution system unless the commissioner has certified the operator in responsible charge under this chapter. (b) A person may not perfor…

Sec. 15. All fees collected under this chapter shall be deposited with the treasurer of state. [Pre-1996 Recodification Citation: 13-1-6-9.] As added by P.L.1-1996, SEC.8.

Sec. 16. A person who violates this chapter commits a Class C infraction. Each day of violation of this chapter constitutes a separate infraction. [Pre-1996 Recodification Citation: 13-1-6-10.] As added by P.L.1-1996, SEC.8.

Sec. 2. The commissioner shall classify all water treatment plants, wastewater treatment plants, and water distribution systems actually used or intended for use: (1) with due regard to the: (A) size; (B) type; (C) character of wastes or water to be treated; and (D) other physica…

Sec. 4. (a) The commissioner shall issue certificates attesting to the competency of operators. A certificate must indicate the classification of works, plant, or system that the operator is qualified to supervise. (b) If the successful passage of a certification examination is g…

Sec. 5. The commissioner shall prescribe and provide an application form for use by applicants in applying for the appropriate certificate issued under this chapter. An applicant must deposit a fee of thirty dollars ($30) at the time of making application for certification. [Pre-…

[Pre-1996 Recodification Citation: 13-1-6-3(c) part, (d).] As added by P.L.1-1996, SEC.8. Amended by P.L.132-2000, SEC.4; P.L.147-2015, SEC.7. Repealed by P.L.181-2018, SEC.5.

Sec. 6.5. (a) A wastewater treatment plant operator, water treatment plant operator, or water distribution system operator certified under this chapter may renew the operator's certificate triennially by: (1) paying a renewal fee of thirty dollars ($30); and (2) meeting any conti…

As added by P.L.132-2000, SEC.7. Amended by P.L.147-2015, SEC.10. Repealed by P.L.181-2018, SEC.8.

Sec. 8. (a) The commissioner may suspend or revoke the certificate of an operator issued under this chapter, following a hearing under IC 13-15-7-3 and IC 4-21.5, if any of the following conditions are found: (1) The operator has practiced fraud or deception in any state or other…

territories; reciprocity Sec. 9. The commissioner may, upon receipt of an application and payment of the fee, issue a certificate without examination in a comparable classification to any person who holds a certificate in any state or territory of the United States if: (1) the re…

Sec. 1. The department shall designate employees of the department as landfill inspectors. However, the department may not designate a landfill inspector for a county that has a consolidated city. [Pre-1996 Recodification Citation: 13-7-22-3(b).] As added by P.L.1-1996, SEC.10. A…

Sec. 2. A department employee designated as a landfill inspector for a county under this chapter shall monitor operations at every landfill in the county. The duties of the landfill inspector include the following: (1) Promoting compliance with the rules of the board governing la…

Sec. 1. A district: (1) pending receipt of a grant; or (2) in anticipation of the issuance of bonds under this article; may borrow money from any person and evidence the debt by a note or notes executed by the chairperson of the board and the controller of the district and contai…

Sec. 2. An issuance of a note or notes or evidence of indebtedness under this chapter or IC 13-9.5-9-7 (before its repeal) may be sold at a public or private negotiated sale. [Pre-1996 Recodification Citation: 13-9.5-9-7(b).] As added by P.L.1-1996, SEC.11.

Sec. 3. A note or notes issued or renewed under this chapter must: (1) mature not more than five (5) years from the date of issuance of the original note; and (2) pledge for the payment of the principal and interest the proceeds of the grant or bonds. [Pre-1996 Recodification Cit…

Sec. 4. The board shall apply the proceeds of a note issued under this chapter or IC 13-9.5-9-7 (before its repeal) to the cost of the facility for which the grant is to be made or bonds issued, although a purchaser of any obligations is not liable for the proper application of t…

Sec. 5. Notes issued under this chapter must be approved by a resolution of the board. [Pre-1996 Recodification Citation: 13-9.5-9-7(e).] As added by P.L.1-1996, SEC.11.

Sec. 1. (a) The office shall do the following: (1) Continuously gather information on secondary material utilization or waste reduction practices and technology from sources within and outside Indiana. (2) Provide information and advice on secondary material utilization or waste …

Sec. 2. In directing the office to present advice to businesses under section 1(b) of this chapter, the commissioner shall establish a priority among types of businesses according to the following: (1) The degree or magnitude of waste reduction that could be achieved by a type of…

Act Sec. 3. A person who submits a report to the department under 42 U.S.C. 6922(a)(6) may include with the report the information listed under section 4 of this chapter. [Pre-1996 Recodification Citation: 13-7-27-6.] As added by P.L.1-1996, SEC.12. Amended by P.L.122-1996, SEC.4…

Sec. 4. (a) The following information may be included with the report under section 3 of this chapter for the period covered by the report: (1) A description of the industrial operation that generated the hazardous waste, including information on the following: (A) The steps take…

Sec. 1. The petroleum storage tank financial assurance board is created. [Pre-1996 Recodification Citation: 13-7-20-35(a).] As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.45.

Sec. 2. (a) The board consists of the following nine (9) members: (1) The administrator or the administrator's designee. (2) One (1) member nominated by the treasurer of state in consultation with the commissioner of the department of state revenue. (3) One (1) member representin…

Sec. 3. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with…

Sec. 4. (a) If an appointed member of the board is not able to serve the member's full term, the governor shall appoint an individual to serve for the remainder of the unexpired term. (b) The term of an appointed member of the board continues until the member's successor has been…

Sec. 5. The board, at the board's first meeting of each year, shall elect from among the board's members a chairperson and other officers necessary to transact business. [Pre-1996 Recodification Citation: 13-7-20-35(f).] As added by P.L.1-1996, SEC.13.

Sec. 6. (a) The board must have a quorum to transact business. Five (5) members constitute a quorum. (b) An affirmative vote of the majority of members present is required for the board to take action. (c) The board shall meet upon: (1) the request of the chairperson; or (2) the …

on condition of ELTF Sec. 7. (a) The board shall do the following: (1) Adopt rules under IC 4-22-2 and IC 13-14-9 necessary to do the following: (A) Carry out the duties of the board under this article. (B) Establish standards and procedures under which: (i) eligible parties may …

[Pre-1996 Recodification Citation: 13-7-20-35.1.] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.20. Repealed by P.L.25-1997, SEC.18.