Title 13, ENVIRONMENT

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…

Sec. 199. "Semipublic permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a privately owned treatment works (as defined in 33 U.S.C. 1292(2)). [Pre-1996 Recodification Citation: 13-7-16.1-1(j).] As added by P.L.1-1996, SEC.1.

Sec. 199.2. "Septage", for purposes of this chapter and IC 13-18-12, means the following: (1) The following from sewage disposal systems: (A) Human excreta. (B) Water. (C) Scum. (D) Sludge. (E) Sewage. (F) Incidental or accidental seepage. (2) Retained contents of sewage holding …

Sec. 199.3. "Septage management", for purposes of IC 13-18-12, includes the following: (1) The cleaning of sewage disposal systems. (2) The transportation, storage, treatment, or disposal of septage. As added by P.L.159-2011, SEC.9.

Sec. 199.5. "Septic tank soil absorption system", for purposes of this chapter, IC 13-18-12, and IC 13-26-5-2.5, means pipes laid in a system of trenches or elevated beds, into which the effluent from the septic tank is discharged for soil absorption, or similar structures. As ad…

Sec. 2. (a) "Administrator", except as provided in subsection (b), refers to the administrator of the United States Environmental Protection Agency. (b) "Administrator", for purposes of IC 13-23 and the administration of the ELTF, means the commissioner of the department of envir…

Sec. 2.5. (a) "Advanced recycling" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstocks, chemicals, and other products through processes that include: (1) pyrolysis; (2) gasification; (3) depolymerizat…

Sec. 2.6. (a) "Advanced recycling facility" means a manufacturing facility that: (1) receives, stores, and converts post-use polymers and recovered feedstocks resulting from advanced recycling; and (2) is subject to manufacturing regulation by the department for any of the follow…

Sec. 20. "Business", for purposes of IC 13-27, means a person that carries on a business or commercial operation in Indiana. [Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-4.] As added by P.L.1-1996, SEC.1.

Sec. 200. "Sewage", for purposes of environmental management laws, means all refuse, human excreta, garbage, waste or waste products, or any combination of these substances that: (1) is potentially capable of contaminating the environment; and (2) may be collected and carried off…

Sec. 201. "Sewage disposal system", for purposes of this chapter, IC 13-18-12 and IC 13-20-17.5, means septic tanks, septic tank soil absorption systems, septage holding tanks, seepage pits, cesspools, privies, composting toilets, interceptors or grease traps, portable sanitary u…

Sec. 202. "Sewage works", for purposes of environmental management laws, means, individually or collectively, those constructions or devices used for any of the following: (1) Collecting, pumping, treating, and disposing of sewage. (2) The recovery of byproducts from sewage. [Pre…

Sec. 202.8. "Single stream recyclable materials", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-8. As added by P.L.126-2014, SEC.8.

Sec. 203. (a) "Site", for purposes of IC 13-25-5, means a parcel of real property for which an application has been submitted under IC 13-25-5-2. (b) "Site", for purposes of IC 13-29-1, means the geographic location of a facility. [Pre-1996 Recodification Citations: subsection (a…

Sec. 203.5. (a) Except as provided in subsection (b), "small business", for purposes of section 47.7 of this chapter, means a business that satisfies all the following: (1) The business is independently owned and operated. (2) The principal office of the business is located in In…

Sec. 204. "Small business petroleum marketer", for purposes of IC 13-23-4-3, means a petroleum marketer that owns or operates not more than twelve (12) underground storage tanks. [Pre-1996 Recodification Citation: 13-7-20-14.5(b).] As added by P.L.1-1996, SEC.1.

Sec. 204.2. "Small business stationary source", for the purposes of IC 13-13-7.1, has the meaning set forth in 42 U.S.C. 7661f. As added by P.L.53-2014, SEC.117.

Sec. 204.5. "Small construction activity site", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-12. As added by P.L.248-2019, SEC.11.

Sec. 205. (a) "Solid waste", for purposes of IC 13-18-12, IC 13-19, IC 13-21, IC 13-20-22, and environmental management laws, except as provided in subsection (b), and subject to subsection (d), means any garbage, refuse, sludge from a waste treatment plant, sludge from a water s…

Sec. 206. (a) "Solid waste disposal facility", for purposes of IC 13-19-3-8.2, IC 13-19-4, IC 13-20-4, and IC 13-20-6, and subject to subsection (b), means a facility at which solid waste is: (1) deposited on or beneath the surface of the ground as an intended place of final loca…