Title 13, TITLE 13. ENVIRONMENT

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) Excep…

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 project…

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 Citatio…

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 …

and programs Sec. 1. Air pollution control laws do not prevent towns, cities, or counties from: (1) enforcing local air pollution ordinances consistent with air pollution control laws; or (2) adopting or enforcing more restrictive ordinances to further the expressed purposes of a…

Sec. 2. (a) For the maintenance of the quality of the air resource, a county may adopt and enforce ordinances controlling air pollution. (b) In a county not having a consolidated city, the ordinances may not include municipalities with an air pollution ordinance under air polluti…

Sec. 3. A town, city, or county within an air quality basin may administer its air pollution control program in cooperation with one (1) or more towns, cities, or counties of Indiana in accordance with IC 36-1-7. However, a county having a consolidated city is not required to ent…

Sec. 4. An air pollution control agency shall submit annual reports as requested by the department. [Pre-1996 Recodification Citation: 13-1-1-10(d).] As added by P.L.1-1996, SEC.7.

ordinances Sec. 5. If: (1) an air quality jurisdiction; or (2) an administrator of an air quality jurisdiction; fails to enforce a local ordinance that affords protection to the public equal to that provided by state law, the department may, after consultation with the jurisdicti…

Sec. 6. A county having a consolidated city may, subject to department approval, establish an air permit program that complies with: (1) the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L. 101-549); (2) regulations implemen…

Sec. 1. The board and the department shall regulate persons who provide septage management services. [Pre-1996 Recodification Citation: 13-7-8.8-2.] As added by P.L.1-1996, SEC.8. Amended by P.L.159-2011, SEC.24; P.L.133-2012, SEC.129.

by the department Sec. 2. (a) A person may not transport, treat, store, or dispose of septage in violation of this chapter. (b) A person may not engage in: (1) the cleaning of sewage disposal systems; or (2) the transportation, treatment, storage, or disposal of septage; without …

from chemical toilet Sec. 2.2. (a) As used in this section: (1) "chemical toilet" has the meaning set forth in 327 IAC 7.1-2-6; and (2) "sewage disposal system" has the meaning set forth in 327 IAC 7.1-2-36; on February 1, 2016. (b) As used in this section, "septage management ve…

Sec. 2.5. (a) The department and the board may allow a person to use industrial waste products in a land application operation or as ingredients in a soil amendment or soil substitute to be land applied if: (1) the industrial waste products are not hazardous wastes; (2) the indus…

tanks; rules or guidelines Sec. 3. (a) The board shall initiate, in accordance with IC 13-15, a septage management permit program for all persons who offer to perform or are performing septage management services. (b) A permit from the department may not be required for the owner…

and land application; local health agency as board's agent to approve land application sites Sec. 4. (a) The board shall, in accordance with IC 13-14-9, adopt rules to establish the following: (1) Standards for the following: (A) The issuance of permits for: (i) septage managemen…

Sec. 5. (a) The board may adopt a fee schedule for the issuance of: (1) septage management permits; and (2) land application site approvals; under this chapter in accordance with IC 13-16-1. (b) Whenever the board designates a county or city health agency as the board's agent to …

numbers, and approvals Sec. 6.5. In addition to any other authority in this title, the commissioner or a designated staff member may, under IC 4-21.5, revoke or modify a permit or an approval issued under this chapter for any of the following reasons: (1) Violation of a requireme…

identification number Sec. 7. This chapter does not require a person to obtain a permit under this chapter if the person is: (1) engaged in: (A) servicing or maintaining publicly owned wastewater treatment facilities; or (B) transportation of wastewater from a publicly owned wast…

Sec. 8. (a) If a publicly owned treatment works permittee: (1) determines that an upset has occurred in the publicly owned treatment works that is likely to pose a threat to human or animal life; or (2) has knowledge of an imminent threat from a chemical or other release to the c…

for county onsite waste management districts; guidelines or rules Sec. 9. (a) This section applies only in a county onsite waste management district established under IC 36-11. (b) Except as provided in subsection (c), the point source discharge of sewage, treated or untreated, f…

management districts Sec. 9.5. If the amendment of the National Pollutant Discharge Elimination System (NPDES) general permit issued by the department for the purposes of IC 36-11 is necessary or advisable to enable county onsite waste management districts established under IC 36…

Sec. 1. This chapter applies to a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). [Pre-1996 Recodification Citation: 13-7-19-1.] As added by P.L.1-1996, SEC.10. Amended by P.L.11-2023, SEC.47.

Sec. 2. A person may not establish a sanitary landfill for the disposal of garbage, rubbish, or refuse on land in Indiana within one-half (1/2) mile of an area: (1) that has been subdivided for residential purposes; and (2) for which the plat is on file in the office of the count…

Sec. 3. A person that violates section 2 of this chapter shall be assessed a civil penalty of not more than one thousand dollars ($1,000). Each additional day of violation constitutes a separate violation. [Pre-1996 Recodification Citation: 13-7-19-3.] As added by P.L.1-1996, SEC…

Sec. 1. (a) All bonds issued under this article may: (1) be issued as serial or term bonds or as a combination of both; (2) be executed and delivered by the district at any time and from time to time; (3) bear the date or dates; (4) bear the maximum interest rates, if fixed rates…

Sec. 10. The general assembly covenants and agrees with the holders of any bonds that as long as any bonds of a district issued under this article or IC 13-9.5-9 (before its repeal) are outstanding and unpaid, the state: (1) will not limit or alter the rights of the district to: …

Sec. 11. This article is supplemental to all other statutes covering the acquisition, construction, modification, use, and maintenance of facilities for solid waste disposal by a district. [Pre-1996 Recodification Citation: 13-9.5-9-18.] As added by P.L.1-1996, SEC.11.

trust indenture or resolution Sec. 2. The bonds issued under this article or IC 13-9.5-9 (before its repeal) may be secured by a trust indenture between the district and a corporate trustee, which may be any national or state bank having its principal office in Indiana and having…

Sec. 3. A security issued in connection with a financing under this article, the interest on which is excludable from adjusted gross income tax, is exempt from the registration requirements of IC 23. [Pre-1996 Recodification Citation: 13-9.5-9-10.] As added by P.L.1-1996, SEC.11.…

Sec. 5. All revenues received by the board or district under this article or IC 13-9.5-9 (before its repeal) are exempt from all taxation. [Pre-1996 Recodification Citation: 13-9.5-9-12.] As added by P.L.1-1996, SEC.11.

Sec. 6. The facilities or any part of the facilities to be financed under this article may be financed by any combination of one (1) or more of the methods provided for in this article. [Pre-1996 Recodification Citation: 13-9.5-9-13.] As added by P.L.1-1996, SEC.11.

limitation Sec. 7. An action to: (1) contest the validity of the bonds; or (2) prevent the issuance of the bonds; must be brought within thirty (30) days following the first publication of public notice of the adoption of the resolution authorizing the bonds. [Pre-1996 Recodifica…

Sec. 8. (a) This article constitutes full authority for the issuance of bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things by a board, officer, commission, department, agency, or instrumentality of the state is required to issue …

IC 8-1-2 and IC 8-1.5 Sec. 9. The following are exempt from regulation under IC 8-1-2 and IC 8-1.5: (1) A facility owned, operated, or financed under this article. (2) The sale of byproducts from the facility. [Pre-1996 Recodification Citation: 13-9.5-9-16.] As added by P.L.1-199…

Sec. 1. Notwithstanding the fees established under IC 13-16-1, the hazardous waste: (1) permit application fees; (2) annual operation fees; (3) prices for purchasing manifests; and (4) disposal fees; provided for in this chapter are established. [Pre-1996 Recodification Citation:…

circumstances Sec. 10. Regardless of a person's rate of generation, a person must pay a generator annual operation fee if the person accumulates more than: (1) six thousand (6,000) kilograms of hazardous waste; or (2) one (1) kilogram of acutely toxic waste; onsite at any time du…

Sec. 11. Groundwater compliance sampling fees established under this chapter apply to groundwater monitoring wells in existence at an operating land disposal facility at the time an annual operation fee concerning the land disposal facility is assessed. [Pre-1996 Recodification C…

categories Sec. 12. A person or facility that is described in more than one (1) category under this chapter must pay all applicable fees. [Pre-1996 Recodification Citation: 13-7-16.1-3(p).] As added by P.L.1-1996, SEC.12.

Sec. 13. Except for the hazardous waste disposal fee collected under section 3.5 of this chapter, the fees and delinquency charges collected under this chapter: (1) are payable to the department; and (2) shall be deposited in the environmental management permit operation fund est…

As added by P.L.130-1996, SEC.8. Repealed by P.L.2-1997, SEC.89.

Sec. 2. For hazardous waste, the application fees are as follows: New Permit Application Fee Land Disposal $40,600 Incinerator (per unit) $21,700 Storage $23,800 Treatment $23,800 Permit Renewal or Class 3 Modification Land Disposal $34,000 Incinerator $21,700 Storage $17,200 Tre…

Sec. 3. For hazardous waste, the annual operation fees are as follows: Fee Land Disposal $37,500 Incinerator (per unit) $10,000 Storage $ 2,500 Treatment $10,000 Generator $ 1,565 Postclosure Activity $ 1,500 Groundwater Compliance Sampling at active facilities (per well) $ 1,000…

Sec. 3.5. (a) For the disposal of hazardous waste in Indiana, the fees are as follows: (1) For hazardous waste disposed of in a disposal facility, eleven dollars and fifty cents ($11.50) per ton. If hazardous waste is mixed with or dissolved or suspended in water or another liqui…

substances response trust fund; county fund Sec. 3.6. (a) The fees collected under section 3.5 of this chapter upon the disposal of a quantity of hazardous waste shall be deposited and paid over as follows: (1) Seventy-five percent (75%) shall be deposited in the hazardous substa…

Sec. 5. (a) When a person files a hazardous waste permit application with the department, the person must remit an application fee to the department. (b) If a person does not remit an application fee to the department, the department shall deny the person's application. [Pre-1996…

Sec. 6. Hazardous waste annual operation fees begin accruing January 1 each year. The department shall assess the fees not later than June 15 of that year. [Pre-1996 Recodification Citation: 13-7-16.1-3(j).] As added by P.L.1-1996, SEC.12. Amended by P.L.250-2019, SEC.33.

Sec. 7. A person must remit a hazardous waste annual operation fee or an installment established by the department under IC 13-16-2 to the department not more than thirty (30) days after the date the fee is assessed or on the date the installment is due. [Pre-1996 Recodification …

Sec. 8. (a) In addition to the penalties described under: (1) IC 13-30-4-1; (2) IC 13-30-4-2; and (3) IC 13-30-5-1; if a person does not remit a hazardous waste annual operation fee or an installment established by the department under section 14 of this chapter not more than six…

compartments within tank; combination of tanks; period preceding July 1, 2014 Sec. 1. (a) Each year, if an underground storage tank or aboveground storage tank has not been closed before January 1 of the year under: (1) rules adopted under IC 13-23-1-2; or (2) a requirement impos…