Title 13, TITLE 13. ENVIRONMENT

[Pre-1996 Recodification Citation: 13-7-22.5-6.] As added by P.L.1-1996, SEC.1. Amended by P.L.127-1997, SEC.1. Repealed by P.L.113-2014, SEC.55.

Sec. 175. "Property owner", for purposes of IC 13-14-5 and IC 13-30-7, means: (1) the person who owns the property or operates a regulated activity on the property; or (2) an agent of the person who owns the property or operates a regulated activity on the property. [Pre-1996 Rec…

Sec. 176. "Public notice", for purposes of IC 13-21, means the following: (1) For a county or a county solid waste management district, a notice published by the district board of directors in accordance with IC 5-3-1, following procedures applicable to a county. (2) For a joint …

Sec. 176.5. (a) "Public school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-15. (b) "Public school", for purposes of section 47.7 of this chapter means: (1) a public school (as defined in IC 20-18-2-15); and (2) a charter school (as defined in IC 20-24…

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-18.] As added by P.L.1-1996, SEC.1. Repealed by P.L.184-2002, SEC.29.

Sec. 177.3. "Public water system", for purposes of this chapter, IC 13-18-11, IC 13-18-16, IC 13-18-20.5, IC 13-18-26, and other environmental management laws, has the meaning set forth in 42 U.S.C. 300f. As added by P.L.126-1997, SEC.5. Amended by P.L.132-1999, SEC.8; P.L.220-19…

Sec. 177.5. "Publicly owned treatment works", for purposes of IC 13-18-3, has the meaning set forth in 327 IAC 5-1.5-48. As added by P.L.112-2000, SEC.1.

Sec. 177.6. "Pyrolysis" means a manufacturing process through which post-use polymers or recovered feedstocks are: (1) heated in the absence of oxygen until melted and thermally decomposed catalytically or noncatalytically; and (2) cooled, condensed, and converted into valuable r…

Sec. 177.7. "Qualified environmental professional", for purposes of IC 13-23-13, means the following: (1) A registered professional engineer (as defined in IC 25-31-1-2). (2) A licensed professional geologist (as defined in IC 25-17.6-1-6.5). (3) A certified hazardous materials m…

Sec. 178. "Railroad car", for purposes of section 134 of this chapter, means a vehicle that can be used for the transportation of municipal waste on a railroad. [Pre-1996 Recodification Citation: 13-7-31-7.] As added by P.L.1-1996, SEC.1.

Sec. 178.5. (a) "Recovered feedstock" means at least one (1) of the following materials that has been processed to be used as feedstock at an advanced recycling facility: (1) Post-use polymers. (2) Materials for which the United States Environmental Protection Agency has: (A) mad…

Sec. 179. "Recovery", for purposes of environmental management laws, means obtaining materials or energy for commercial or industrial use from solid waste or hazardous waste. [Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-19.] As added by P.L.1-1996, SEC.1.

Sec. 179.5. "Recyclable material", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-4. As added by P.L.126-2014, SEC.4.

Sec. 179.6. "Recyclable materials broker", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-5. As added by P.L.126-2014, SEC.5.

Sec. 179.7. "Recycle", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-6. As added by P.L.126-2014, SEC.6.

Sec. 179.8. "Recycled plastic" means products that are produced from: (1) mechanical recycling of preconsumer recovered feedstocks or plastics, and postconsumer plastics; or (2) advanced recycling of preconsumer recovered feedstocks or plastics, and postconsumer plastics via mass…

Sec. 179.9. (a) "Recycler", for purposes of sections 31.1 and 31.2 of this chapter and IC 13-20.5, means an individual or public or private entity that accepts covered electronic devices from covered entities and collectors for the purpose of recycling. The term does not include …

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-5 part.] As added by P.L.1-1996, SEC.1. Repealed by P.L.133-2012, SEC.69.

Sec. 180. (a) "Recycling", for purposes of IC 13-20-17.5 and IC 13-21: (1) means a process by which materials that would otherwise become solid waste are: (A) collected; (B) separated or processed; and (C) converted into materials or products for reuse or sale; and (2) includes a…

Sec. 180.1. "Recycling credits", for purposes of IC 13-20.5, means the product of: (1) the remainder for a manufacturer's program year of: (A) the amount of covered electronic devices the manufacturer recycled, or for which the manufacturer arranged for recycling; minus (B) the a…

Sec. 181. "Region", for purposes of IC 13-29-1, means the area of the party states. [Pre-1996 Recodification Citation: 13-5-9-2 part.] As added by P.L.1-1996, SEC.1.

Sec. 182. "Regional facility", for purposes of IC 13-29-1, means a facility which is located within the region and which is established by a party state pursuant to designation of that state as a host state by the Commission. [Pre-1996 Recodification Citation: 13-5-9-2 part.] As …

Sec. 183. "Regulated substance", for purposes of this chapter and IC 13-23, includes the following: (1) Any substance defined in section 98 of this chapter as a hazardous substance, but excluding any substance regulated as a hazardous waste under: (A) Subtitle C of the federal So…

Sec. 184. (a) "Release", for purposes of IC 13-23, means any: (1) spilling; (2) leaking; (3) emitting; (4) discharging; (5) escaping; (6) leaching; or (7) disposing; from an underground storage tank or aboveground storage tank into ground water, surface water, subsurface soils, o…

Sec. 185. (a) "Remedial action", for purposes of IC 13-24 and IC 13-25-4, means actions consistent with a permanent remedy that are taken instead of or in addition to removal actions if a release or threatened release of a hazardous substance or petroleum into the environment occ…

Sec. 186. "Remediation", for purposes of IC 13-25-5, means any of the following: (1) Actions necessary to: (A) prevent; (B) minimize; or (C) mitigate; damages to the public health or welfare or to the environment that may otherwise result from a release or threat of a release. (2…

Sec. 187. "Removal", for purposes of IC 13-24 and IC 13-25-4, means any of the following: (1) The cleanup or removal of released hazardous substances or petroleum from the environment. (2) Actions necessary to be taken if the threat of release of hazardous substances or petroleum…

Sec. 188. "Removal costs", for purposes of IC 13-24-2, includes all of the following: (1) Costs to: (A) prevent; (B) minimize; or (C) mitigate; oil pollution from an oil discharge. (2) Other costs necessary to: (A) minimize; or (B) mitigate; damage to public health or welfare rel…

Sec. 189. (a) "Response", for purposes of IC 13-24 and IC 13-25-4, means removal and remedial action. (b) The term includes enforcement activities related to removal and remedial action. [Pre-1996 Recodification Citation: 13-7-8.7-1(i).] As added by P.L.1-1996, SEC.1. Amended by …

Sec. 19. "Broker", for purposes of IC 13-20-4 and IC 13-20-6, means a person who is in the business of making arrangements for the transportation of municipal waste that was generated by another person. As added by P.L.1-1996, SEC.1.

Sec. 19.3. "Brownfield" means a parcel of real estate: (1) that: (A) is abandoned or inactive; or (B) may not be operated at its appropriate use; and (2) on which expansion, redevelopment, or reuse is complicated; because of the presence or potential presence of a hazardous subst…

Sec. 19.5. "Budget agency" refers to the budget agency created under IC 4-12-1-3. As added by P.L.59-1997, SEC.4.

Sec. 190. "Response assistance", for purposes of IC 13-24-2, means services, care, assistance, or advice provided: (1) consistent with the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321(…

Sec. 191. (a) "Responsible party", for purposes of IC 13-18-10, means any of the following: (1) An applicant. (2) An officer, a corporation director, or a senior management official of any of the following that is an applicant: (A) A corporation. (B) A partnership. (C) A limited …

Sec. 192. (a) "Responsible person", for purposes of IC 13-24-1, means a person who has caused a release at a petroleum facility. (b) "Responsible person", for purposes of IC 13-25-4, means a person that is: (1) liable to: (A) the United States government; (B) the state; or (C) an…

Sec. 193. "Restricted waste", for purposes of IC 13-20-21, means waste disposed of at a restricted waste site (as defined in 329 IAC 10-2.5-1(b)(57)). [Pre-1996 Recodification Citation: 13-7-16.1-2(d).] As added by P.L.1-1996, SEC.1. Amended by P.L.218-2001, SEC.2.

Sec. 193.5. "Restrictive covenant" means, with respect to land, any deed restriction, restrictive covenant, environmental covenant, environmental notice, or other restriction or obligation that: (1) is executed before July 1, 2009, and: (A) limits the use of the land or the activ…

Sec. 194. (a) "Retailer", for purposes of IC 13-20-14, means a person engaged in the business of selling new tires at retail in Indiana. (b) "Retailer", for purposes of IC 13-20-16, means a person engaged in the business of selling lead acid batteries at retail in Indiana. (c) "R…

Sec. 195. (a) "Revenues", for purposes of IC 13-21, means the amounts received by a county or joint solid waste management district from the operation or ownership of facilities. (b) The term does not include amounts derived from the levy of taxes or from fees under IC 13-21-13. …

Sec. 195.2. "Review authority", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-10. As added by P.L.248-2019, SEC.9.

Sec. 195.5. "Safe Drinking Water Act", for purposes of this chapter, refers to: (1) 42 U.S.C. 300f et seq.; and (2) regulations adopted under 42 U.S.C. 300f et seq. As added by P.L.235-2005, SEC.129. Amended by P.L.233-2017, SEC.20; P.L.189-2018, SEC.118.

Sec. 195.7. (a) "Sale" or "sell", for purposes of sections 126(b) and 194(c) of this chapter and IC 13-20.5, means a transfer for consideration of title or of the right to use by a: (1) lease or sales contract, including transactions conducted through sales outlets, catalogs, or …

Sec. 196. "SARA", for purposes of IC 13-25-1 and IC 13-25-2, refers to Title III of the federal Superfund Amendments and Reauthorization Act of 1986 (P.L.99-499). [Pre-1996 Recodification Citation: 13-7-36-1.6.] As added by P.L.1-1996, SEC.1. Amended by P.L.85-2015, SEC.9.

Sec. 196.2. (a) "Satellite manure storage structure", for purposes of IC 13-18-10.5, means any of the items listed in subsection (b) that: (1) are not located at a livestock or poultry production area; and (2) are designed for use in whole or in part for the storage of: (A) at le…

Sec. 196.5. (a) "Scrap metal processor", for purposes of this chapter, means a private, commercial, or governmental enterprise: (1) that has facilities for processing iron, steel, or nonferrous scrap; and (2) whose principal product is scrap iron, scrap steel, or nonferrous scrap…

Sec. 197. "Secondary containment structure", for purposes of IC 13-18-5, means a structure or a part of a structure that prevents or impedes a hazardous material that is released accidentally from entering surface water or groundwater. [Pre-1996 Recodification Citation: 13-1-3-19…

Sec. 197.5. "Secondary material", for purposes of IC 13-22-11.5, means a solid, liquid, or contained gaseous form of a byproduct, spent material, sludge, discarded commercial chemical product, or scrap metal that may be incorporated into a manufacturing or an industrial process, …

Sec. 197.7. "Security interest", for purposes of sections 119, 148, 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes: (1) a right under a: (A) mortgage; (B) deed of trust; (C) assignment; (D) judgment lien; (E) pledge; (F) secur…

Sec. 197.8. "Sedimentation", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-11. As added by P.L.248-2019, SEC.10.

Sec. 198. "Self insurance", for purposes of IC 13-22-9, means the practice of meeting expenses when those expenses are incurred with financial resources that: (1) were previously set aside for the purpose of meeting those expenses; or (2) are not committed to another purpose; rat…