Title 13, ENVIRONMENT

Sec. 94. "Hazardous chemical", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11021(e). [Pre-1996 Recodification Citation: 13-7-37-5.] As added by P.L.1-1996, SEC.1.

Sec. 95. "Hazardous household product", for purposes of IC 13-20-20, means a household product that: (1) may cause serious injury or death when introduced into or upon the body of a living human because the product is: (A) a poison; (B) toxic; (C) corrosive; (D) an irritant; (E) …

Sec. 96. (a) "Hazardous material", for purposes of IC 13-18-5, means any of the following: (1) A hazardous chemical (as defined in 42 U.S.C. 11021(e), as in effect on January 1, 1990). (2) A hazardous waste. (3) A hazardous substance (as defined in 42 U.S.C. 9601(14), as in effec…

Sec. 97. "Hazardous materials emergency", for purposes of IC 13-25-6, means an occurrence that: (1) involves the uncontrolled release or imminent uncontrolled release of a hazardous material into the environment; and (2) creates the possibility of harm to: (A) human health; (B) p…

Sec. 98. "Hazardous substance", for purposes of: (1) IC 13-25-4; and (2) IC 13-25-5; has the meaning set forth in Section 101 of CERCLA (42 U.S.C. 9601). The term includes any substance that the board determines to be hazardous under environmental management laws. [Pre-1996 Recod…

Sec. 99. (a) "Hazardous waste", for purposes of section 96(a) of this chapter, IC 13-19, and environmental management laws, means a solid waste or combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may: …

Sec. 1. Being necessary for the public health, safety, and welfare, this title shall be liberally construed to effectuate the purposes of this title. [Pre-1996 Recodification Citation: 13-7-16-9.] As added by P.L.1-1996, SEC.2.

Sec. 2. The amendment of IC 13-11-2-265(b) by P.L.183-2002 applies retroactively to July 1, 1996. By its amendment of IC 13-11-2-265(b), the general assembly intends that there be no substantive difference in the law as amended by P.L.183-2002 and the law as it was constituted be…

Sec. 1. (a) The governor shall appoint an individual with appropriate training and experience as commissioner of the department. The commissioner: (1) is the executive and chief administrative officer of the department; and (2) may delegate authority to appropriate department sta…

Sec. 2. The commissioner may appoint individuals to other positions in the department. [Pre-1996 Recodification Citation: 13-7-2-12(b) part.] As added by P.L.1-1996, SEC.3. Amended by P.L.135-2026, SEC.50.

Sec. 3. The commissioner may establish an ad hoc group to study and make recommendations regarding critical environmental issues. The ad hoc group may include the following: (1) University representatives. (2) Scientific research organizations. (3) Public policy and research advi…

Sec. 1. (a) This section applies to any: (1) determination made by the commissioner; (2) order issued by the commissioner; and (3) notice issued by the department; under this title. (b) The commissioner may issue orders and make determinations. (c) An order issued under this sect…

Sec. 10. (a) The department may not base a decision solely on federal risk values that have not been promulgated through federal rulemaking, including: (1) reference doses; (2) reference concentrations; (3) inhalation unit risks; or (4) hazard determinations, assessments, evaluat…

Sec. 2. The department may have a designated agent, upon presentation of proper credentials, enter upon private or public property to inspect for and investigate possible violations of any of the following: (1) Air pollution control laws. (2) Water pollution control laws. (3) Env…

Sec. 3. The department may do the following: (1) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements for environmental protection. (2) Conduct, convoke, attend, or participate in official o…

Sec. 4. The department may accept and receive, on behalf of the state, any gifts or other money made available to the state from any source for purposes of: (1) this title; or (2) other environmental protection activities, surveys, or programs. [Pre-1996 Recodification Citation: …

Sec. 5. The commissioner may employ or contract for the legal, professional, and other personnel and assistance that is necessary for the efficient performance of duties imposed by this title. [Pre-1996 Recodification Citation: 13-7-5-6.] As added by P.L.1-1996, SEC.4.

Sec. 6. Except as provided in IC 13-14-6, the commissioner may proceed in court, by appropriate action, to: (1) enforce any final order of the commissioner or the board; (2) collect any penalties or fees; (3) procure or secure compliance with this title or any other law that the …

Sec. 7. Except as provided in IC 13-14-6, the commissioner may issue orders to: (1) secure compliance with: (A) this title; or (B) any applicable rule of a board; and (2) assess civil penalties. [Pre-1996 Recodification Citation: 13-7-5-8.] As added by P.L.1-1996, SEC.4.…

Sec. 8. (a) Subject to subsection (b), a restrictive covenant executed after June 30, 2009, is not subject to approval by the department. (b) The department shall: (1) review; and (2) approve, disapprove, or partially approve and partially disapprove; activities and land use rest…

Sec. 9. (a) This section applies to a restrictive covenant created in connection with a remediation project conducted under: (1) IC 13-23; (2) IC 13-24; (3) IC 13-25-4; or (4) IC 13-25-5. (b) If: (1) a change of conditions or an advancement in science or technology permits a modi…

Sec. 1. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to establish requirements and procedures for the issuance of permits. (b) In rules for the issuance of permits, the board may do the following: (1) Prescribe standards for the discharge, emission, or disposal …

Sec. 2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to allow the department to issue permits that do the following: (1) Provide incentives to owners and operators of facilities to assess the pollution emitted by the facilities into all environmental media. (2) Pr…

Sec. 1. (a) The department shall establish fee payment schedules that allow a person that is required to pay an annual fee established under: (1) this title; or (2) rules adopted under this title; to pay the fee in equal installments over a twelve (12) month period that begins on…

Sec. 1. (a) In carrying out the purposes of IC 13-13-5-1(1), the department may, in addition to any other action that is necessary or appropriate to carry out the purpose of IC 13-13-5-1(1), do the following: (1) Cooperate with the United States Surgeon General and other agencies…

Sec. 2. This chapter, IC 13-13-5-1(1), and IC 13-13-5-2: (1) do not amend, alter, or repeal any provision of the water pollution control laws; and (2) are supplemental to the other provisions of the water pollution control laws. [Pre-1996 Recodification Citation: 13-1-4-4.] As ad…

Sec. 3. (a) The department shall prepare a list of impaired waters for the purpose of complying with federal regulations implementing Section 303(d) of the federal Clean Water Act (33 U.S.C. 1313(d)). In determining whether a water body is impaired, the department shall consider …

Sec. 1. Before an original permit for the construction or operation of a landfill may be granted, the applicant must submit a statement of financial position that meets the following requirements: (1) The statement must have been prepared in accordance with generally accepted acc…

Sec. 10. (a) This section applies only: (1) in a county that does not zone under IC 36-7-4; and (2) to a facility: (A) that is proposed to be constructed after April 1, 2008; (B) that is not exempt under IC 13-20-1-1 from the demonstration of needs requirements of IC 13-20-1; and…

Sec. 11. (a) This section applies only: (1) in a county that zones under IC 36-7-4; and (2) to a facility: (A) for which the zoning required for the construction of the facility was approved before April 1, 1985; (B) for which the department issued a valid construction permit und…

Sec. 2. Before an original permit for the construction or operation of a landfill may be granted, the applicant or a person authorized to act for the applicant under this section must submit a statement in which the applicant or authorized person swears or affirms, subject to the…

Sec. 3. If the applicant is a subsidiary corporation, the submission of the statement of financial position of the ultimate parent satisfies the requirement under section 1 of this chapter if the applicant has been a subsidiary of the parent for at least one (1) year before the s…

Sec. 4. The department may investigate and verify the information contained in the statements required by this chapter. [Pre-1996 Recodification Citation: 13-7-22-2(f).] As added by P.L.1-1996, SEC.10.

Sec. 5. The commissioner may deny an application for an original permit for the construction or operation of a landfill if the commissioner finds that: (1) the applicant does not have a positive net worth of at least two hundred fifty thousand dollars ($250,000); or (2) there is …

Sec. 6. For the purposes of this chapter, real property in which the applicant has an interest must be valued at the property's fair market value as determined under the assumption that the permit application will not be granted. [Pre-1996 Recodification Citation: 13-7-22-2(h).] …

Sec. 7. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter. [Pre-1996 Recodification Citation: 13-7-22-2(i).] As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.136.

Sec. 8. If a legal action is filed that: (1) names the department or a representative of the department as a party to the action; and (2) concerns an application that has been filed with the department to obtain an original permit or a permit renewal for a solid waste landfill; t…

Sec. 9. (a) A person that: (1) holds a valid construction permit that is issued under this chapter and authorizes construction for a facility that has not been substantially developed; and (2) has not commenced construction within: (A) five (5) years after the date of the permit;…

Sec. 1. The department shall regulate and require the proper and safe transportation, treatment, storage, and disposal of hazardous waste that is generated in or transported into Indiana. [Pre-1996 Recodification Citation: 13-7-8.5-1.] As added by P.L.1-1996, SEC.12.

Sec. 2. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter through IC 13-22-8, IC 13-22-11.5, and IC 13-22-13 through IC 13-22-14. [Pre-1996 Recodification Citation: 13-7-8.5-7(e).] As added by P.L.1-1996, SEC.12. Amended by P.L.45-1997, SEC.16; …

Sec. 3. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 to develop criteria for determining hazardous waste. In developing those criteria, the board shall determine whether any waste to be or being disposed of meets any of the following conditions: (1) Presents imm…

Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-8 on the proper and safe transportation, treatment, storage, and disposal of hazardous wastes. Whenever possible, the rules adopted under this section must allow for variation in Indiana with regard to populatio…

Sec. 5. The rules adopted by the board concerning the construction and operation of hazardous waste facilities must require, without limitation, the following: (1) Provision of contingency plans for effective containment and control of any emergency condition resulting from an un…

Sec. 6. The board shall do the following: (1) Adopt rules under IC 4-22-2 and IC 13-14-9 setting standards for closure and postclosure monitoring and maintenance plans. (2) Include in the rules a requirement for prior notice of closure and a time limit for completion of closure. …

Sec. 7. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 setting standards for corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a hazardous waste facility. The standards must require that corrective action be …

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1. A unit of local government may not enact or enforce an ordinance that is in conflict with any of the following: (1) This article. (2) Rules adopted by t…