Title 13, TITLE 13. ENVIRONMENT

Sec. 65. "Emergency action", for purposes of IC 13-25-6, means any action taken at or near the scene of a hazardous materials emergency to prevent or minimize harm to: (1) human health; (2) property; or (3) the environment; from the uncontrolled release of a hazardous material. […

Sec. 66. "Emergency response agency", for purposes of IC 13-25-6, means: (1) the state police; (2) the environmental response branch of the department; (3) a police department established under IC 36-8-2-2; (4) a fire department established under IC 36-8-2-3; (5) any agency of a …

As added by P.L.123-1997, SEC.4. Repealed by P.L.57-2009, SEC.18.

As added by P.L.123-1997, SEC.5. Repealed by P.L.57-2009, SEC.18.

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. "Alternative PCB technology", for purposes of IC 13-17-10, means a technology for the treatment and disposal of PCB that presents: (1) an actual; or (2) a potential; alternative to incineration. [Pre-1996 Recodification Citation: 13-7-16.5-9(a).] As added by P.L.1-1996, S…

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.

[Pre-1996 Recodification Citation: 13-7-22.5-1.5.] As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.5. Repealed by P.L.113-2014, SEC.46.

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.

As added by P.L.140-2000, SEC.7. Amended by P.L.1-2001, SEC.12. Repealed by P.L.78-2009, SEC.28.

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, hazardous waste, or atomic radiation. The term includes the following: (1) A hazardous wast…

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 15-16-2-11. As added by P.L.189-2011, SEC.6.

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. 80. "FESOP", for purposes of IC 13-17-7, means a federally enforceable state operating permit issued to a source that would require a Title V operating permit but due to a federally enforceable operating restriction has potential emissions less than the amount that would req…

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…

[Pre-1996 Recodification Citation: 4-23-21-1.6.] As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.7; P.L.126-1997, SEC.1; P.L.253-1997(ss), SEC.12; P.L.132-1999, SEC.4; P.L.235-2005, SEC.127; P.L.233-2017, SEC.14. Repealed by P.L.189-2018, SEC.109.

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.

As added by P.L.90-1998, SEC.4. Repealed by P.L.97-2004, SEC.133.

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…

As added by P.L.140-2000, SEC.8. Repealed by P.L.1-2006, SEC.588.

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…