Title 13, TITLE 13. ENVIRONMENT

conflicting with article or rules 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 the fire prevention and building safety commission under this article. (3) Rules adopte…

exception Sec. 2. A unit of local government may not enact or enforce an ordinance that requires: (1) a permit; (2) a license; (3) an approval; (4) an inspection; or (5) the payment of a fee or tax; for the installation, use, retrofitting, closure, or removal of an underground st…

Sec. 3. If the department does not respond to a request from a unit of local government for approval of an ordinance or a proposed ordinance under section 2 of this chapter not later than ninety (90) days after the request is made, the unit may enact and enforce the ordinance as …

activities Sec. 4. The commissioner may enter into an agreement with a unit of local government under which the commissioner authorizes the unit of local government to perform activities designed to achieve compliance with this article. [Pre-1996 Recodification Citation: 13-7-20-…

Sec. 1. This chapter does not apply to any of the following: (1) A discharge or a threatened discharge that is not: (A) into; (B) on; or (C) threatening to enter; the navigable waters of Indiana. (2) A person who, in providing response assistance, is grossly negligent or engages …

Sec. 2. Notwithstanding any other law, except as provided in section 3 of this chapter and subject to section 4 of this chapter, a person is immune from liability under Indiana law for: (1) removal costs incurred; or (2) damage caused; as a result of an act committed or omission …

Sec. 3. This chapter does not affect or impair: (1) a cause of action against; or (2) the liability of; any responsible party for the original discharge. The responsible party remains liable for any and all damage arising from the discharge, including damage arising from improper…

removal costs or damage Sec. 4. A party who is a responsible party with respect to an oil discharge is, in the absence of a defense to liability for the removal costs or damage arising from the discharge, liable for removal costs or damage caused by a person who is immune from li…

Sec. 1. Except as provided in sections 6 and 7 of this chapter, this chapter does not apply to: (1) the transportation; or (2) storage incident to transportation; of any substance or chemical subject to this chapter, including the transportation and distribution of natural gas. […

with commission Sec. 10. (a) On or after January 1 and before March 1 of each year, a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the federal Occupational Safety and Health Act (29 U.S.C. 651 through 658) and …

Sec. 10.4. (a) Except as provided in subsection (c), each year, a fee is imposed on a facility that must submit an emergency and hazardous chemical inventory form under section 10 of this chapter. The amount of the fee is as follows: (1) For a facility in which at least one milli…

Sec. 10.5. The local emergency planning and right to know fund is established for the purpose of providing each county with funds to help implement SARA (42 U.S.C. 11001 et seq.). The department of state revenue shall administer the fund. The fund consists of: (1) revenue produce…

know fund Sec. 10.6. (a) Before July 1 of each year, the department of state revenue shall distribute the money in the local emergency planning and right to know fund as follows: (1) Ten percent (10%) allocated to the commission and administered by the department of homeland secu…

Sec. 10.7. (a) The commission may withhold a local emergency planning committee's funding for failure to provide annually to the commission one (1) of the following: (1) The report required under IC 13-25-1-6(b)(4). (2) Proof of published legal notice required under SARA. (3) An …

information Sec. 11. Upon the request of the fire department that has jurisdiction over a facility that files an inventory form under section 9 of this chapter, the owner or operator of the facility shall: (1) allow the fire department to conduct an onsite inspection of the facil…

information Sec. 12. A person required under section 5(d)(2), 5(d)(3), 8, 9, 10, or 11 of this chapter to submit information to any other person may withhold from the information the specific chemical identity, including the chemical name and other specific identification as prov…

Sec. 13. (a) An owner or operator of a facility that is subject to the requirements of section 8, 9, 10, or 11 of this chapter shall provide the specific chemical identity, if known, of a hazardous chemical or extremely hazardous substance to any health professional who requests …

Sec. 14. (a) An emergency response plan, material safety data sheet, list of chemicals described in section 8(b) of this chapter, inventory form, and follow-up emergency notice shall be made available to the general public during normal working hours at the location or locations …

Sec. 15. (a) A person may commence a civil action on the person's behalf against the following: (1) An owner or operator of a facility, for failure to do any of the following: (A) Submit a follow-up emergency notice under section 7(d) of this chapter. (B) Submit a material safety…

Sec. 16. The state or a unit of local government may commence a civil action against an owner or operator of a facility for failure to do any of the following: (1) Provide notification to the emergency response commission under section 3 of this chapter. (2) Submit a material saf…

under federal or state law; intervention Sec. 18. (a) A court, in issuing a final order in an action brought under section 15, 16, or 17 of this chapter, may award costs of litigation, including reasonable attorney's fees and expert witness fees, to the prevailing or the substant…

Sec. 19. To carry out the responsibilities of the commission, the commission, or an authorized representative or agent of the commission, shall have a right to enter upon, to, or through public or private premises to investigate, copy all records related to hazardous chemicals, a…

Sec. 2. (a) A substance is subject to this chapter if the substance is on the list published under 42 U.S.C. 11002(a)(2). (b) Except as provided in section 6 of this chapter, a facility is subject to this chapter if a substance on the list referred to in subsection (a) is present…

Sec. 3. (a) The owner or operator of a facility subject to this chapter shall notify the commission that the facility is subject to this chapter. (b) If: (1) a substance on the list of substances referred to in section 2(a) of this chapter becomes present at a facility in an amou…

Sec. 4. The commission shall notify the administrator of the facilities subject to this chapter by notifying the administrator of: (1) each notification received from a facility under section 3 of this chapter; and (2) each facility designated by the commission under section 2(c)…

Sec. 5. (a) A local emergency planning committee shall complete the preparation or review and update of a local emergency plan in accordance with this section before October 17 of each year. The local emergency planning committee shall review the plan: (1) at least one (1) time e…

Sec. 6. (a) This section does not apply to any release that results in exposure to persons solely within the site or sites on which a facility is located. (b) If: (1) a release of an extremely hazardous substance occurs from a facility at which a hazardous chemical is produced, u…

provided Sec. 6.5. (a) The department shall work with interested stakeholders, including the federal government, the general public, members of the general assembly, and businesses, to evaluate the feasibility of simplifying and expediting notification under IC 13-25-2-6. Options…

Sec. 7. (a) The owner or operator of the facility shall give the notice required by section 6 of this chapter immediately after the release to the following: (1) The community emergency coordinator for the appropriate local emergency planning committees for any area likely to be …

Sec. 8. (a) The owner or operator of a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the federal Occupational Safety and Health Act (29 U.S.C. 651 through 658) and regulations adopted under the Act shall submit …

information Sec. 9. (a) A tier II emergency and hazardous chemical inventory form required to be submitted under section 10 of this chapter must provide the following information for each hazardous chemical present at the facility: (1) The chemical name or the common name of the …

Sec. 1. The establishment of a regional district may be initiated only by a petition filed with the department. A copy of the petition shall also be filed not later than ten (10) days after the filing with the department in the office of the executive of each governmental entity …

Sec. 10. (a) If the commissioner determines that the findings show that the establishment of a recommended district: (1) complies with the conditions of this chapter for establishment of a district; and (2) appears capable of accomplishing the purpose or purposes in an economical…

Sec. 11. An order for the establishment of a district is subject to review as provided in IC 4-21.5-5. [Pre-1996 Recodification Citation: 13-3-2-5(e) part.] As added by P.L.1-1996, SEC.16.

Sec. 2. (a) The petition may be filed by any representative of one (1) or more eligible entities involved after being authorized by the fiscal body of the petitioning eligible entity or entities included in the plan of the proposed district. (b) If the proposed district includes:…

Sec. 2.5. (a) Before a representative may file a petition to establish a district, the representative must provide notice to all owners of property to be served by the proposed district that is the subject of the petition. (b) Notice under subsection (a) must be provided as follo…

Sec. 3. A petition to establish a district under this chapter must state the following: (1) The proposed name of the district. (2) The place in which the district's principal office is to be located. (3) The following information: (A) The need for the proposed district. (B) The p…

Sec. 4. Upon the filing of a petition to establish a district under this chapter, the department shall determine whether the petition complies with the requirements of this chapter as to form and content. The department: (1) may not declare a petition void because of alleged defe…

Sec. 5. Upon the determination of the department that a sufficient petition has been filed in accordance with this chapter, the commissioner shall appoint a hearing officer, who does not have to be a state employee. If the hearing officer is not a full-time state employee, the he…

Sec. 6. (a) Except as provided in section 9 of this chapter, the hearing officer shall fix a time and place inside or within ten (10) miles of the proposed district for the hearing on any matter for which a hearing is authorized under this chapter. (b) The hearing officer shall m…

Sec. 7. A person or an eligible entity that resides or lies in or partially resides or lies in an area affected by the establishment of a district: (1) may, on or before the date set for the cause to be heard, file a written objection to the granting of the requests made in the p…

Sec. 8. (a) After the hearing on the petition for the establishment of the proposed district, which may be adjourned periodically, the hearing officer shall make findings on the petition and other relevant facts and recommendations as to whether: (1) the petition should be: (A) a…

Sec. 1. A division of pollution prevention is established within the department. [Pre-1996 Recodification Citation: 13-9-2-1(b).] As added by P.L.1-1996, SEC.17.

Sec. 10. (a) The commissioner may award grants to support and sustain pollution prevention, including clean manufacturing through reductions in the use of toxic materials in production and commerce. (b) Subject to subsection (a), the commissioner may award grants for any purpose …

Sec. 11. The division shall sponsor pilot projects to develop and demonstrate innovative techniques for clean manufacturing. The results of pilot projects sponsored under this section shall be made available for use by the public. However, information about a pilot project that i…

Sec. 12. The commissioner may provide for the establishment of education and training programs in pollution prevention techniques at schools and universities in Indiana. [Pre-1996 Recodification Citation: 13-9-2-12.] As added by P.L.1-1996, SEC.17.

Sec. 13. The commissioner may: (1) order all hearings and investigations necessary for the administration of this article; and (2) advise and assist other governmental units on matters of planning or program administration within the scope of the commissioner's powers, duties, an…

[Pre-1996 Recodification Citation: 13-9-2-14.] As added by P.L.1-1996, SEC.17. Repealed by P.L.124-1997, SEC.23.

Sec. 2. The commissioner shall appoint an assistant commissioner to head the division. [Pre-1996 Recodification Citation: 13-9-2-2.] As added by P.L.1-1996, SEC.17.

Sec. 3. The commissioner shall hire employees of the division. [Pre-1996 Recodification Citation: 13-9-2-3.] As added by P.L.1-1996, SEC.17.