Title 13, ENVIRONMENT

Sec. 128.7. "Mercury fever thermometer", for purposes of IC 13-20-17.5, means a mercury-added product that: (1) is a thermometer or another medical or scientific instrument; and (2) is used for measuring body temperature. As added by P.L.225-2001, SEC.8.

Sec. 128.8. "Mercury switch", for purposes of IC 13-20-17.7, means a convenience light switch that: (1) is located in the hood or trunk lid of a motor vehicle; and (2) contains mercury. As added by P.L.170-2006, SEC.7. Amended by P.L.112-2016, SEC.8.

Sec. 129. "MGD" refers to millions of gallons per day. [Pre-1996 Recodification Citation: 13-7-16.1-1(f).] As added by P.L.1-1996, SEC.1.

Sec. 129.6. "Military base", for purposes of IC 13-15-3-1.3, means a United States or an Indiana government military installation that: (1) has an area of at least sixty thousand (60,000) acres and is used for the design, construction, maintenance, and testing of electronic devic…

Sec. 13. "Asbestos project", for purposes of IC 13-17-6, means an activity involving the: (1) abatement; (2) removal; (3) renovation; (4) enclosure; (5) repair; or (6) encapsulation; of asbestos containing material. [Pre-1996 Recodification Citation: 13-1-1-2(m), (h) part.] As ad…

Sec. 130. "Minor permit", for purposes of IC 13-18-20, refers to a NPDES permit that is not a major permit. [Pre-1996 Recodification Citation: 13-7-16.1-1(g).] As added by P.L.1-1996, SEC.1.

Sec. 130.1. "Motor vehicle", for purposes of this chapter, means a vehicle that is self-propelled on a highway in Indiana. The term does not include a farm tractor or a motor driven cycle. As added by P.L.170-2006, SEC.8. Amended by P.L.221-2014, SEC.85; P.L.112-2016, SEC.9.

Sec. 130.2. "Motor vehicle manufacturer", for purposes of this chapter, means a person that is engaged in the business of manufacturing or assembling new motor vehicles for sale to any of the following: (1) Dealers. (2) Wholesale dealers. (3) Distributors. (4) The general public.…

Sec. 130.3. "Motor vehicle recycler", for purposes of IC 13-20-17.7, means any of the following: (1) An automotive salvage recycler. (2) An automobile scrapyard. (3) A hulk crusher. (4) A scrap metal processor. (5) A vehicle disposal facility. As added by P.L.170-2006, SEC.10. Am…

Sec. 130.6. "MS4 community", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-8. As added by P.L.248-2019, SEC.7.

Sec. 131. "Multimedia", for purposes of IC 13-27, refers to: (1) air; (2) water; (3) land; and (4) workplace environmental; media into which pollutants and wastes are emitted, released, discharged, or disposed. [Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-13.] As add…

Sec. 132. "Municipal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to any of the following: (1) A publicly owned treatment works (as defined in 33 U.S.C. 1292(2)) that is not state owned. (2) A conservancy district (as defined in IC 14-8-2-72(3)). (3) A re…

Sec. 133. (a) "Municipal waste", for purposes of: (1) IC 13-20-4; (2) IC 13-20-6; (3) IC 13-20-21; (4) IC 13-20-23; (5) IC 13-20.5-10; (6) IC 13-22-1 through IC 13-22-8; and (7) IC 13-22-13 through IC 13-22-14; means any garbage, refuse, industrial lunchroom or office waste, and …

Sec. 135. "Municipality" means a city or town. [Pre-1996 Recodification Citation: 13-3-2-1 part.] As added by P.L.1-1996, SEC.1.

Sec. 136. "National contingency plan", for purposes of IC 13-25-4, refers to the plan that: (1) was established and is revised by the President of the United States; and (2) includes the national hazardous substance response plan that is required under Section 105 of CERCLA (42 U…

Sec. 136.5. "National mercury switch recovery program", for purposes of IC 13-20-17.7, means a national program: (1) that accomplishes, as determined by the commissioner, the goals of IC 13-20-17.7; and (2) in which the state participates. As added by P.L.170-2006, SEC.11. Amende…

Sec. 137. "Natural resources", for purposes of IC 13-25-4, means: (1) land; (2) fish; (3) wildlife; (4) biota; (5) air; (6) water; (7) ground water; (8) drinking water supplies; and (9) other similar resources; belonging to, managed by, held in trust by, appertaining to, or other…

Sec. 138. "Navigable waters" means waters of the United States (as defined in the federal Clean Water Act (33 U.S.C. 1362(7))). [Pre-1996 Recodification Citation: 13-7-12-4(d).] As added by P.L.1-1996, SEC.1. Amended by P.L.135-2026, SEC.25.

Sec. 138.5. For purposes of IC 13-30-10-1.5, a person acts "negligently" when: (1) the person acts with a conscious and voluntary disregard for a standard of care that a reasonable person would exercise in the same circumstance; (2) the consequence of the person's action is likel…

Sec. 139. "Net revenues", for purposes of IC 13-21, means: (1) the amount of revenues received by a county or joint solid waste management district from the operation and ownership of facilities; less (2) the reasonable expenses of the: (A) operation; (B) repair; and (C) maintena…

Sec. 14. "Assistance", for purposes of IC 13-14-10-3, means supplies, materials, services, and equipment to: (1) prevent the discharge of any contaminant; or (2) control, contain, isolate, neutralize, remove, store, or dispose of any contaminant already discharged into or on the …

Sec. 140. (a) "New tire", for purposes of IC 13-20-13 and IC 13-20-14, means a tire that has never been mounted on a wheel of a vehicle. (b) For purposes of IC 13-20-13, the term does not include a retreaded tire. [Pre-1996 Recodification Citations: 13-7-23-10.3(a); 13-7-23.2-2.]…

Sec. 140.8. (a) "Noncommunity public water system" means a public water system that: (1) has at least fifteen (15) service connections used by nonresidents; or (2) regularly serves an average of at least twenty-five (25) nonresident individuals daily for at least sixty (60) days …

Sec. 141. "Noncontact cooling water", for purposes of IC 13-18-20, means cooling water: (1) that is discharged to waters of Indiana; (2) that is used for the sole purpose of removing unwanted heat from a process, generally through a heat exchanger; and (3) that does not otherwise…

Sec. 142. "Nonoperational storage tank", for purposes of IC 13-23, means an underground storage tank: (1) in which regulated substances are not deposited; or (2) from which regulated substances are not dispensed; after November 8, 1984. [Pre-1996 Recodification Citation: 13-7-20-…

Sec. 142.3. "Nonprofit corporation", for purposes of this chapter and IC 13-25-4-8, refers to a nonprofit corporation: (1) that is exempt from income taxation under 26 U.S.C. 501; (2) for which the primary purpose, as identified in the corporation's articles of incorporation, is …

Sec. 142.6. "Nonpublic school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-12. As added by P.L.225-2001, SEC.9. Amended by P.L.1-2005, SEC.141.

Sec. 142.7. "Nontransient noncommunity water system", for purposes of IC 13-18-17 and IC 13-18-20.5, means a public water system that is not a community water system that regularly serves the same twenty-five (25) or more persons at least six (6) months per year. As added by P.L.…

Sec. 144. (a) "Oil", for purposes of IC 13-24-2, means oil of any kind or in any form. (b) The term includes the following: (1) Petroleum. (2) Fuel oil. (3) Sludge. (4) Oil refuse. (5) Oil mixed with wastes other than dredged spoil. (c) The term does not include petroleum, includ…

Sec. 144.7. (a) For purposes of IC 13-18-12, "onsite residential sewage discharging disposal system" means a sewage disposal system that: (1) is located on a site with and serves a one (1) or two (2) family residence; and (2) discharges effluent offsite. (b) The term includes a s…

Sec. 144.8. "Onsite sewage system" means all equipment and devices necessary for proper: (1) onsite: (A) conduction; (B) collection; (C) storage; and (D) treatment; and (2) absorption in soil; of sewage from a residence, municipality, publicly owned treatment works, or commercial…

Sec. 145. "Open burning", for purposes of environmental management laws, means the combustion of any matter in the open or in an open dump. [Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-15.] As added by P.L.1-1996, SEC.1.

Sec. 146. "Open dump", for purposes of environmental management laws, means the consolidation of solid waste from one (1) or more sources or the disposal of solid waste at a single disposal site that: (1) does not fulfill the requirements of a sanitary landfill or other land disp…

Sec. 147. "Open dumping", for purposes of environmental management laws, means the act of disposing of solid waste at an open dump. [Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-16(b).] As added by P.L.1-1996, SEC.1.

Sec. 147.5. "Operational 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 facility manager; (2) a plant manager; (3) an operations manager; (4) a chief operat…

Sec. 148. (a) "Operator", for purposes of IC 13-18-10 and IC 13-18-10.7, means the person in direct or responsible charge or control of one (1) or more confined feeding operations. (b) "Operator", for purposes of IC 13-18-11 and environmental management laws, means the person in …

Sec. 149. "Outfall", for purposes of IC 13-18-4-8, means the point of discharge from a point source. [Pre-1996 Recodification Citation: 13-1-3-21(a).] As added by P.L.1-1996, SEC.1.

Sec. 149.5. "Outstanding national resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means a water designated as such by the general assembly after recommendations by the environmental rules board and the interim study committee on environmental affairs…

Sec. 149.6. "Outstanding state resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means any water designated as such by the board regardless of when the designation occurred or occurs. Waters that may be considered for designation as outstanding state r…

Sec. 149.8. "Over the counter drug", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-1. As added by P.L.21-2015, SEC.1.

Sec. 15.3. "AST", as used in this chapter and IC 13-23, refers to an aboveground storage tank (as defined in section 0.4 of this chapter). As added by P.L.176-2023, SEC.6.

Sec. 15.5. "ASTM" refers to the American Society for Testing and Materials. As added by P.L.215-2003, SEC.3.

Sec. 150. (a) "Owner", for purposes of IC 13-23 (except as provided in subsections (b), (c), (d), (e), (f) and (g)) means: (1) for an underground storage tank or aboveground storage tank that: (A) was: (i) in use on November 8, 1984; or (ii) brought into use after November 8, 198…

Sec. 151. (a) "Owner or operator", for purposes of IC 13-24-1, means the following: (1) For a petroleum facility, a person who owns or operates the facility. (2) For a petroleum facility where title or control has been conveyed because of: (A) bankruptcy; (B) foreclosure; (C) tax…

Sec. 151.2. (a) "Participate in management", for purposes of IC 13-23-13, means actually participating in the management or operational affairs of an underground storage tank or aboveground storage tank. (b) The term does not include the following: (1) Merely having the capacity …

Sec. 151.3. (a) "Participate in management", for purposes of IC 13-24-1, means actually participating in the management or operational affairs of a petroleum facility. (b) The term does not include the following: (1) Merely having the capacity to influence, or the unexercised rig…