Title 13, ENVIRONMENT

Sec. 66.9. "End of life vehicle", for purposes of IC 13-20-17.7, means a motor vehicle that is: (1) sold; or (2) otherwise conveyed; to a motor vehicle recycler for the purpose of recycling. As added by P.L.170-2006, SEC.4. Amended by P.L.112-2016, SEC.4.

Sec. 67. (a) "Enforcement action", for purposes of IC 13-20-13 and IC 13-20-14, means: (1) a written notice of a violation or a commissioner's order issued under IC 13-30-3; (2) a letter identifying a violation; or (3) a court proceeding initiated by the: (A) department; (B) depa…

Sec. 68. "Environmental audit", for purposes of IC 13-28-4, means a voluntary, an internal, and a comprehensive evaluation of: (1) a facility or an activity at a facility regulated under: (A) this title; (B) a rule or standard adopted under this title; (C) any determination, perm…

Sec. 69. "Environmental audit report", for purposes of IC 13-28-4, means a set of documents prepared as a result of an environmental audit and labeled "Environmental Audit Report; Privileged Document" that: (1) includes: (A) field notes; (B) records of observations; (C) findings;…

Sec. 7.3. "Anaerobic digestion facility", for purposes of this chapter and IC 13-20-10.5: (1) means a facility that incorporates equipment that promotes the decomposition of biomass, appropriate feedstock, or both to simple organics and biogas products in the oxygen free environm…

Sec. 7.5. "Antique", for purposes of IC 13-20-17.5, refers to a product manufactured before 1980. As added by P.L.225-2001, SEC.1.

Sec. 70.3. "Environmental legal action", for purposes of IC 13-30-9, means any legal action brought to recover reasonable costs associated with a removal or remedial action involving a hazardous substance or petroleum released into the surface or subsurface soil or groundwater th…

Sec. 71. "Environmental management laws" refers to the following: (1) IC 13-12-2 and IC 13-12-3. (2) IC 13-13. (3) IC 13-14. (4) IC 13-15. (5) IC 13-16. (6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11. (7) IC 13-18-10, IC 13-18-10.5, IC 13-18-12, IC 5-1.2-10, and I…

Sec. 71.2. "Environmental restrictive ordinance" means, with respect to land, any ordinance that: (1) is adopted by a municipal corporation (as defined in IC 36-1-2-10); and (2) seeks to control the use of groundwater in a manner and to a degree that protects human health and the…

Sec. 72. "Environmental wastes", for purposes of IC 13-27, means all environmental pollutants, wastes, discharges, and emissions, regardless of: (1) whether or how they are regulated; and (2) whether they are released to the general environment or the workplace environment. [Pre-…

Sec. 72.3. "EPA", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-2. As added by P.L.88-2017, SEC.2.

Sec. 72.4. "Ephemeral stream", for purposes of IC 13-18-22-1(b)(6), means surface water flowing or pooling only in direct response to precipitation such as rain or snowfall. As added by P.L.160-2021, SEC.3.

Sec. 72.6. "Erosion", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-4. As added by P.L.248-2019, SEC.3.

Sec. 72.7. "Erosion and sediment control measure", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-5. As added by P.L.248-2019, SEC.4.

Sec. 73. "Excess liability trust fund", for purposes of IC 13-23, refers to the petroleum storage tank excess liability trust fund (or ELTF) established by IC 13-23-7-1. [Pre-1996 Recodification Citation: 13-7-20-1.3.] As added by P.L.1-1996, SEC.1. Amended by P.L.9-1996, SEC.3; …

Sec. 74. "Executive" means the following: (1) The board of commissioners of a county that does not have a consolidated city. (2) The mayor of the consolidated city, for a county having a consolidated city. (3) The mayor of a city. (4) The president of the town council of a town. …

Sec. 74.5. (a) "Exempt isolated wetland", for purposes of IC 13-18 and environmental management laws, means an isolated wetland that: (1) is a voluntarily created wetland unless: (A) the wetland is approved by the department for compensatory mitigation purposes in accordance with…

Sec. 75. "Exposure assessment", for purposes of IC 13-23, means an assessment to determine the extent of exposure, or potential for exposure, of individuals to any regulated substance from a release from an underground storage tank or aboveground storage tank based on factors suc…

Sec. 76. "Extremely hazardous substance", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049. [Pre-1996 Recodification Citation: 13-7-37-3.] As added by P.L.1-1996, SEC.1.

Sec. 77. (a) "Facility", for purposes of IC 13-15-1-3, means a structure or an area of land used for the disposal, treatment, storage, recovery, processing, or transferring of solid waste or hazardous waste. The term includes the following: (1) A hazardous waste facility. (2) An …

Sec. 77.8. "Federal CCR rule", for purposes of IC 13-19-3, has the meaning set forth in IC 13-19-3-3(b). As added by P.L.100-2021, SEC.4.

Sec. 78. "Federal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a federally owned facility. [Pre-1996 Recodification Citation: 13-7-16.1-1(b).] As added by P.L.1-1996, SEC.1.

Sec. 79. "Federal Water Pollution Control Act", for purposes of: (1) IC 13-13-5 and IC 13-18-2-1; and (2) environmental management laws; refers to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the federal Water Quality Act of 1987, P.L.100-4. [Pr…

Sec. 79.5. "Fertilizer material", for purposes of IC 13-18-4-5, has the meaning set forth in IC 15-16-1.5-28. As added by P.L.189-2011, SEC.6. Amended by P.L.98-2026, SEC.1.

Sec. 8. (a) "Applicant", for purposes of IC 13-11-2-191 and IC 13-18-10, refers to a person (as defined in section 158(b) of this chapter) that submits an application to the department under IC 13-18-10-2. (b) "Applicant", for purposes of IC 13-19-4, means an individual, a corpor…

Sec. 81. (a) "Fiduciary", for purposes of IC 13-23-13: (1) means a person acting for the benefit of another party as a bona fide: (A) trustee; (B) executor; (C) administrator; (D) custodian; (E) guardian of estates or guardian ad litem; (F) receiver; (G) conservator; (H) committe…

Sec. 81.5. (a) "Fiduciary capacity", for purposes of IC 13-23-13, means the capacity of a person in holding title to an underground storage tank or aboveground storage tank pursuant to the exercise of the responsibilities of the person as a fiduciary. (b) "Fiduciary capacity", fo…

Sec. 82. (a) "Final disposal facility", for purposes of IC 13-20-3, IC 13-20-5, IC 13-20-22, and IC 13-21, means any of the following: (1) A landfill. (2) An incinerator. (3) A waste-to-energy facility. (b) The term does not include a transfer station or an advanced recycling fac…

Sec. 84. "Financial assurance board", for purposes of IC 13-23, refers to the petroleum storage tank financial assurance board established by IC 13-23-11-1. [Pre-1996 Recodification Citation: 13-7-20-1.6.] As added by P.L.1-1996, SEC.1. Amended by P.L.176-2023, SEC.17.

Sec. 84.5. "Financial or administrative function", for purposes of sections 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 a function such as that of: (1) a credit manager; (2) an accounts payable officer; (3) an accounts rece…

Sec. 85. "Financing agreement", for purposes of IC 13-21, includes an agreement between a district and a developer, between a developer and a user, or among a district, developer, and user concerning: (1) payments to the district under the agreement; and (2) any of the following:…

Sec. 85.3. "Fiscal year", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-2. As added by P.L.126-2014, SEC.1.

Sec. 85.6. "Foreclosure", for purposes of sections 148(e)(2), 150(c), and 151(e) of this chapter, means the acquisition of a vessel or facility for purposes of IC 13-25-4-8(c), an underground storage tank or aboveground storage tank for purposes of IC 13-23-13, or a petroleum fac…

Sec. 85.9. (a) "Forestry operation", for purposes of IC 13-18-22-1, includes facilities, activities, and equipment used to plant, raise, manage, harvest, and remove trees on private land. (b) The term includes: (1) site preparation; (2) fertilization; (3) pest control; (4) wildli…

Sec. 86. "Fiscal body" means: (1) the county council, for a county not having a consolidated city; (2) the city-county council of a consolidated city and county; (3) the common council of a city; (4) the town council of a town; (5) the township board of a township; or (6) the boa…

Sec. 86.7. "Freehold", for purposes of IC 13-21-3-5, means the tract of land that is held by a freeholder. As added by P.L.60-2017, SEC.1.

Sec. 86.8. "Freeholder", for purposes of this chapter and IC 13-21-3-5, means a person who holds land: (1) in fee; (2) for life; or (3) for some indeterminate period; whether or not the person holds the land in joint title with one (1) or more other persons. As added by P.L.60-20…

Sec. 87. (a) "Fund", for purposes of IC 13-14-12, refers to the environmental management special fund. (b) "Fund", for purposes of IC 13-15-10, refers to the waste facility operator trust fund. (c) "Fund", for purposes of IC 13-15-11, refers to the environmental management permit…

Sec. 88. "Garbage", for purposes of environmental management laws, means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the: (1) processing; (2) handling; (3) preparation; (4) cooking; (5) serving; or (6) consumption; of food or food materials.…

Sec. 88.5. "Gasification" means a manufacturing process through which post-use polymers and recovered feedstocks are heated in an oxygen controlled atmosphere and converted into syngas (carbon monoxide and hydrogen) and converted into valuable raw, intermediate, and final product…

Sec. 88.7. "Gasification facility", for purposes of IC 13-20-10.5, means a facility that incorporates equipment to carry out a thermochemical process that, with little or no oxygen present, converts biomass, appropriate feedstock, or both into a synthesis gas. As added by P.L.135…

Sec. 88.8. "General permit", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-6. As added by P.L.248-2019, SEC.5.

Sec. 89. (a) "Generator", for purposes of IC 13-22-12, means a person that, during the preceding year, generated hazardous waste in quantities greater than: (1) one thousand (1,000) kilograms of hazardous waste; or (2) one (1) kilogram of acutely toxic waste in any month. (b) "Ge…

Sec. 9. "Application", for purposes of IC 13-15-4, means an application for a: (1) permit; or (2) determination related to a permit; that is described in IC 13-15-4-1. [Pre-1996 Recodification Citation: 13-7-10.1-1.] As added by P.L.1-1996, SEC.1. Amended by P.L.130-2018, SEC.57.…

Sec. 9.5. "Appropriate feedstock", for purposes of this chapter, means a specific solid waste stream segregated from other solid wastes and that can be successfully processed with other solid waste or products for recovery of materials or energy through an anaerobic digestion fac…

Sec. 90. (a) "Governmental entity", for purposes of IC 13-18-3 and IC 13-25-6, means the state or a political subdivision. (b) "Governmental entity", as used in IC 13-26, means a political subdivision (as defined in IC 36-1-2-13). [Pre-1996 Recodification Citation: 13-6-2-4.] As …