Title 13, ENVIRONMENT

Sec. 2. The classification of an isolated wetland that is based on the level of disturbance of the wetland by human activity or development may be improved to a higher numeric class if an action is taken to restore the isolated wetland, in full or in part, to the conditions that …

Sec. 3. (a) The following shall be authorized by an individual permit: (1) Wetland activity in a nonexempt Class II wetland that does not qualify for a general permit under section 4 of this chapter. (2) Wetland activity in a Class III wetland. (b) The board may adopt rules under…

Sec. 4. (a) The following shall be authorized by a general permit: (1) The maintenance of a field tile within a Class II wetland. However, the maintenance described in this subdivision may be authorized only if the field tile: (A) is necessary to restore drainage of land adjacent…

Sec. 5. (a) An applicant for a permit issued under this chapter: (1) must demonstrate, as a prerequisite to the issuance of the permit, that wetland activity: (A) is: (i) without reasonable alternative; and (ii) reasonably necessary or appropriate; to achieve a legitimate use pro…

Sec. 6. (a) Except as otherwise specified in subsections (b), (c), (e), (f), and (h), compensatory mitigation shall be provided in accordance with the following table: Wetland Replacement On-site and Off-site Class Class In-lieu Fee Ratio Ratio Class II Class II or III 1.5 to 1 2…

Sec. 7. (a) The department shall: (1) administer the permit programs established by this chapter; and (2) review and issue decisions on applications for permits to undertake wetland activities in state regulated wetlands in accordance with the requirements under this chapter. (b)…

Sec. 8. (a) The department shall make a decision to issue or deny an individual permit under section 3 of this chapter not later than ninety (90) days after receipt of the completed application. If the department fails to make a decision on a permit application by the deadline un…

Sec. 9. (a) The owner of a Class III wetland may petition the board for designation of the wetland as an outstanding state protected wetland. Upon verification by the board that the wetland is a Class III wetland and that the petitioner is the owner of the wetland, the board shal…

Sec. 1. (a) A fee is imposed on the disposal or incineration of solid waste in a final disposal facility in Indiana. Except as provided in section 14 of this chapter, the amount of the fee is as follows: (1) For solid waste generated in Indiana, fifty cents ($0.50) a ton. (2) For…

Sec. 11. (a) The owner or operator of a final disposal facility is responsible for collecting the fees imposed under section 1 of this chapter from persons delivering solid waste to that facility. (b) Each owner or operator may: (1) deduct from the fees an amount equal to one per…

Sec. 12. The department shall deposit the following on a quarterly basis: (1) Not less than fifty percent (50%) of the revenue from the fee imposed under section 1(a)(1) of this chapter into the Indiana recycling promotion and assistance fund established by IC 4-23-5.5-14. (2) No…

Sec. 13. A fee may not be imposed by the state under section 1 of this chapter on the disposal of solid waste by a person who: (1) generated the solid waste; and (2) disposed of the solid waste at a site that is: (A) owned by the person; and (B) limited, for purposes of the dispo…

Sec. 14. If: (1) the: (A) county executive of the county; or (B) board of directors of the district; in which a final disposal facility is located has entered into an agreement concerning solid waste management with a governmental unit that is, or that is located within, a county…

Sec. 15. (a) For purposes of the collection of the fees imposed under section 1 of this chapter, the owner or operator of a final disposal facility that: (1) receives, on the average, less than two hundred (200) tons of solid waste each day; and (2) does not have a scale suitable…

Sec. 16. Fees prescribed by this chapter are not: (1) revenues (as defined in IC 36-9-31-2) of a facility (as defined in IC 36-9-31-2); or (2) revenues under: (A) IC 8-1.5; (B) IC 13-21-3-13; (C) IC 13-21-7 through IC 13-21-12; (D) IC 13-21-14; or (E) IC 36-9-30. [Pre-1996 Recodi…

Sec. 18. The remedies provided by this chapter are cumulative. Action taken by the state may not be construed as an election to pursue a remedy to the exclusion of other remedies. [Pre-1996 Recodification Citation: 13-9.5-5-10.] As added by P.L.1-1996, SEC.10.

Sec. 19. A person who knowingly or intentionally fails to pay the fee to the department under section 11 of this chapter commits a Level 6 felony. [Pre-1996 Recodification Citation: 13-9.5-5-11.] As added by P.L.1-1996, SEC.10. Amended by P.L.158-2013, SEC.189; P.L.220-2014, SEC.…

Sec. 2. (a) The state solid waste management fund is established to provide money for the following: (1) Programs that provide grants and loans that provide education and promote the following: (A) Recycling and the use of recycled materials. (B) Waste reduction. (C) Management o…

Sec. 2.1. (a) The department shall adopt and make available a policy concerning the award of grants under section 2 of this chapter. (b) The policy must include the following considerations: (1) No private sector services will be displaced if an equipment grant is awarded. (2) Th…

Sec. 21. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or grant from the fund commits a Level 6 felony. As added by P.L.137-2007, SEC.22. Amended by P.L.158-2013, SEC.191.

Sec. 3. (a) There is annually appropriated to the fund, for the purposes set forth in section 2(a) of this chapter, the amount of money deposited in the fund from the sources set forth in section 2(c) of this chapter. (b) The governor and the budget agency must approve expenditur…