Title 13, TITLE 13. ENVIRONMENT

Sec. 39. (a) "Confined feeding", for purposes of IC 13-18-10, means the confined feeding of animals for food, fur, or pleasure purposes in lots, pens, ponds, sheds, or buildings where: (1) animals are confined, fed, and maintained for at least forty-five (45) days during any twel…

Sec. 4. (a) "Air contaminant source", for purposes of air pollution control laws, means all sources of emission of air contaminants, whether privately or publicly owned or operated. (b) The term includes the following: (1) All types of business, commercial and industrial plants, …

Sec. 40. "Confined feeding operation" means: (1) any confined feeding of: (A) at least three hundred (300) cattle; (B) at least six hundred (600) swine or sheep; (C) at least thirty thousand (30,000) fowl; or (D) at least five hundred (500) horses. (2) any animal feeding operatio…

Sec. 40.8. "Construction", for purposes of IC 13-18-10, means the fabrication, erection, or installation of a facility or manure control equipment at the location where the facility or manure control equipment is intended to be used. The term does not include the following: (1) T…

Sec. 40.9. "Construction activities", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-2. As added by P.L.248-2019, SEC.1.

Sec. 41. (a) "Construction\demolition waste", for purposes of IC 13-20-21, means: (1) bricks; (2) concrete; (3) stone; (4) glass; (5) wallboard; (6) lumber; (7) roofing materials; and (8) any other items; affixed to a structure that is being constructed or demolished and being di…

Sec. 41.2. "Construction plan", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-3. As added by P.L.248-2019, SEC.2.

Sec. 42. "Contaminant", for purposes of environmental management laws, means any solid, semi-solid, liquid, or gaseous matter, or any odor, radioactive material, pollutant (as defined by the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in effect on January 1, …

Sec. 43. "Contamination", for purposes of IC 13-18-17, refers to the presence in groundwater of at least one (1) contaminant in a quantity or concentration that: (1) is injurious to human health, plant or animal life, or property; (2) interferes unreasonably with the enjoyment of…

Sec. 43.5. "Control alternative", for purposes of IC 13-18, means any of the following measures, or any combination of the following measures, for the control of wet weather flows in a combined sewer system: (1) Source controls. (2) Collection system controls. (3) Storage technol…

Sec. 44. "Cost", for purposes of IC 13-21 and as applied to a facility or any part of a facility, includes the following: (1) The cost of construction, modification, decommissioning, disposal, or acquisition of the facility or any part of the facility. (2) Financing charges. (3) …

Sec. 45. "Cost of the works", for purposes of IC 13-26, includes the following: (1) The cost of acquisition or construction of the works. (2) The cost of all property, rights, easements, and franchises that are necessary or convenient. (3) Interest upon bonds before and during co…

[Pre-1996 Recodification Citation: 13-9.5-3.5-1.] As added by P.L.1-1996, SEC.1. Amended by P.L.12-2005, SEC.1. Repealed by P.L.53-2014, SEC.114.

Sec. 47. "County solid waste management district" or "county district", for purposes of IC 13-21, refers to a solid waste management district that consists of only one (1) county. [Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-7.] As added by P.L.1-1996, SEC.1.

Sec. 47.5. "Covered electronic device", for purposes of this chapter and IC 13-20.5, means a computer, peripheral, facsimile machine, DVD player, video cassette recorder, or video display device that is sold to a covered entity by means of retail, wholesale, or electronic commerc…

Sec. 47.7. "Covered entity", for purposes of this chapter and IC 13-20.5, means the following: (1) A household. (2) A public school. (3) A small business. As added by P.L.178-2009, SEC.9.

Sec. 48. "Creditor", for purposes of IC 13-25-4-8, means, with respect to a facility, a person who: (1) has extended credit to an owner or operator of the facility; (2) has an interest in the facility to secure an extension of credit; or (3) has acquired title or a right to title…

As added by P.L.112-2015, SEC.3. Repealed by P.L.72-2017, SEC.3.

Sec. 48.5. (a) "Cropland", for purposes of IC 13-18-22-1(d), means farmland: (1) that is cultivated for agricultural purposes; and (2) from which crops are harvested. (b) The term includes: (1) orchards; (2) farmland used to produce row crops, close-grown crops, or cultivated hay…

Sec. 49. "Damage", for purposes of IC 13-24-2, means damage of any kind for which liability may exist under Indiana law: (1) resulting from; (2) arising out of; or (3) related to; the discharge or threatened discharge of oil. [Pre-1996 Recodification Citation: 13-7-12-4(b).] As a…

Sec. 5. "Air pollution", for purposes of air pollution control laws and environmental management laws, means the presence in or the threatened discharge into the atmosphere of one (1) or more contaminants in sufficient quantities and of the characteristics and duration that: (1) …

Sec. 50. (a) "Decommissioning", for purposes of IC 13-23, means the removal or closure of an underground storage tank or aboveground storage tank. (b) "Decommissioning", for purposes of IC 13-29-1, means the measures taken at the end of a facility's operating life to assure the c…

Sec. 50.5. "Degradation", for purposes of IC 13-18-3, means, with respect to a National Pollutant Discharge Elimination System permit, the following: (1) With respect to an outstanding national resource water, any new or increased discharge of a pollutant or a pollutant parameter…

Sec. 51. "Department" refers to the department of environmental management. [Pre-1996 Recodification Citations: 4-23-21-1; 13-1-1-2(f); 13-1-3-1.5 part; 13-1-4-1(e); 13-1-12-3; 13-3-2-1 part; 13-7-1-3 part; 13-7-1-8; 13-9-1-7; 13-9.5-1-1 part; 13-9.5-1-8.] As added by P.L.1-1996,…

Sec. 52. "Department enforcement action", for purposes of IC 13-14-6, means an action of the department commenced under IC 13-30-3-3. [Pre-1996 Recodification Citation: 13-7-5.5-2.] As added by P.L.1-1996, SEC.1.

Sec. 52.5. "Depolymerization" means a manufacturing process in which post-use polymers are broken into smaller molecules, including: (1) monomers and oligomers; or (2) raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, waxes, l…

Sec. 53. "Developer", for purposes of IC 13-21, means a person that: (1) proposes to enter into or has entered into a financing agreement with the district for financing a facility; and (2) proposes to enter into or has entered into a separate agreement with some other person for…

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-8.] As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.3. Repealed by P.L.37-2012, SEC.3.

Sec. 55. "Discharge", for purposes of IC 13-24-2, means any emission or spill, other than natural seepage, that is intentional or unintentional. The term includes any of the following: (1) Spilling. (2) Leaking. (3) Pumping. (4) Pouring. (5) Emitting. (6) Emptying. (7) Dumping. […

[Pre-1996 Recodification Citation: 13-7-22.5-1.] As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.45.

Sec. 57. (a) "Disposal", for purposes of environmental management laws, means the: (1) discharge; (2) deposit; (3) injection; (4) spilling; (5) leaking; or (6) placing; of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, …

Sec. 57.1. "Disposal fee", for purposes of IC 13-20-23, means a fee levied on the disposal of municipal waste in exchange for permission to construct or operate a landfill under a host agreement. As added by P.L.133-1998, SEC.2.

Sec. 57.2. "Disposal facility", for purposes of IC 13-22-12-3.5, means a site where hazardous wastes are disposed of in or on the land, including a site associated with, within, or adjacent to facilities generating the waste. As added by P.L.220-2014, SEC.5.

As added by P.L.112-2015, SEC.5. Repealed by P.L.72-2017, SEC.5.

Sec. 58. (a) "District", for purposes of IC 13-20-17.5, IC 13-20-20, IC 13-21, and IC 13-20-22, refers to: (1) a county solid waste management district; or (2) a joint solid waste management district; established under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal). (b) "Distr…

Sec. 59. "District plan", for purposes of IC 13-21, refers to a district solid waste management plan adopted or amended under IC 13-21-5 or IC 13-9.5-4 (before its repeal). [Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-11.] As added by P.L.1-1996, SEC.1.

Sec. 6. "Air pollution control laws" refers to IC 13-17, except for the following: (1) IC 13-17-3-15. (2) IC 13-17-7. (3) IC 13-17-8-10. (4) IC 13-17-9. (5) IC 13-17-10. (6) IC 13-17-11. (7) IC 13-17-13. [1996 Recodification Citation: New.] As added by P.L.1-1996, SEC.1.…

Sec. 60. "Division", for purposes of IC 13-27, refers to the division of pollution prevention. [Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-9.] As added by P.L.1-1996, SEC.1.

Sec. 61. "Dredged material", for purposes of this chapter, means material that is dredged or excavated from an isolated wetland. [Pre-1996 Recodification Citation: 13-1-6-2(a) part, (i).] As added by P.L.52-2004, SEC.2. Amended by P.L.2-2005, SEC.53.

Sec. 61.3. "Dwelling", for purposes of this chapter, means a building, a structure, or another enclosed space that is: (1) permanent or temporary; (2) movable or fixed; and (3) an individual's home or place of lodging. As added by P.L.178-2009, SEC.10.

As added by P.L.123-1997, SEC.3. Repealed by P.L.57-2009, SEC.18.

Sec. 61.6. "East Chicago area of special concern", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-1. As added by P.L.88-2017, SEC.1.

Sec. 62. "Eligible entity", for purposes of IC 13-26, means a county, city, town, township, conservancy district, or other municipal corporation. [Pre-1996 Recodification Citation: 13-3-2-1 part.] As added by P.L.1-1996, SEC.1.

Sec. 62.5. "Eligible party", as used in IC 13-23, means any of the following: (1) An owner, as defined in IC 13-11-2-150. (2) An operator, as defined in IC 13-11-2-148(d) and IC 13-11-2-148(e). (3) A former owner or operator of a UST or AST. (4) A transferee of property upon whic…

Sec. 62.7. "Eligible release", as used in IC 13-23, means a release of petroleum that meets all of the following criteria: (1) The release is from a UST or AST that was registered with the department before the date on which the claimant confirmed the existence of the release or …

Sec. 63. "Eligible state", for purposes of IC 13-29-1, means a state qualified to be a party state to the Midwest Interstate Compact on Low-Level Radioactive Waste as provided in Article VIII of the compact. [Pre-1996 Recodification Citation: 13-5-9-2 part.] As added by P.L.1-199…

Sec. 63.5. "ELTF", as used in this chapter and IC 13-23, refers to the petroleum storage tank excess liability trust fund established by IC 13-23-7-1. As added by P.L.96-2016, SEC.4. Amended by P.L.176-2023, SEC.11.

Sec. 63.6. "ELTF claim", as used in this chapter and IC 13-23, means any claim for payment from the ELTF. As added by P.L.96-2016, SEC.5.

Sec. 63.7. "ELTF indemnity claim", as used in IC 13-23, means any ELTF claim for the indemnification of a third party. As added by P.L.96-2016, SEC.6.

Sec. 64. "Emergency", for purposes of IC 13-20-9-4, means the occurrence of widespread or severe damage or loss of property resulting from any natural or manmade cause, including fire, flood, earthquake, wind, storm, drought, or explosion. [Pre-1996 Recodification Citation: 13-7-…