Title 13, TITLE 13. ENVIRONMENT

Sec. 5. The commissioner may exempt the requirement for a permit for the storage, treatment, processing, or disposal of solid or hazardous wastes by a mining operation if: (1) the mining operation has a permit under IC 14-34; and (2) the commissioner determines that the departmen…

Sec. 6. (a) An application for a permit for a hazardous waste treatment, storage, or disposal facility must include a closure plan. If hazardous waste is to be disposed of at the facility, the application must also include a postclosure monitoring and maintenance plan. (b) The cl…

Sec. 7. An individual, a partnership, a limited liability company, or a corporation who or that has been: (1) convicted of a violation of the environmental management laws or IC 13-7 (before its repeal); and (2) fined or imprisoned; may not be issued a permit to own or operate a …

Sec. 8. A permit may not be issued under this chapter for the construction or operation of an incinerator for the destruction of PCB at levels established under the federal Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or regulations adopted under the federal Toxic Substa…

Sec. 9. In addition to any other requirements, a permit may not be issued under this chapter for the construction or operation of a hazardous waste facility to be used for the incineration of PCB or for an ancillary facility required by the incineration process unless the person …

Sec. 1. (a) The department shall, under rules adopted by the board under IC 4-22-2 and IC 13-14-9, establish a certification program for persons who supervise, manage, or direct underground storage tank or aboveground storage tank: (1) installation or retrofitting; (2) testing; (…

Sec. 2. (a) To obtain a certificate under section 1 of this chapter, a person must: (1) take an examination that is approved; (2) achieve a passing score on the examination that is established; and (3) pay any reasonable fees necessary to offset the costs incurred by the state fi…

removing, or closing storage tanks; denial or revocation Sec. 3. (a) A person described under section 1 of this chapter may not: (1) install or retrofit; (2) test; (3) provide cathodic protection for; or (4) decommission; an underground storage tank or aboveground storage tank un…

Sec. 4. (a) A certificate issued under section 1 of this chapter expires two (2) years from the date a person successfully completes the examination to qualify to obtain the certificate. (b) The board may adopt rules establishing renewal procedures for certificates that expire un…

Sec. 1. (a) A district established in accordance with IC 19-3-1 (before its repeal) as a special district for any purpose provided in: (1) IC 13-3-2 (before its repeal); or (2) this article; is considered to be a district under this article. (b) Orders of the court and acts of th…

Sec. 1. The department shall establish a technical and compliance assistance program. [Pre-1996 Recodification Citation: 13-10-2-1.] As added by P.L.1-1996, SEC.18.

Sec. 2. (a) The assistance program established under this chapter shall do the following: (1) Designate an individual to serve as a liaison and ombudsman to the regulated community to assist the regulated community with specific regulatory or permit matters pending with the depar…

Sec. 4. Inquiries made to the program and activities and documents of the program that identify or describe an individual facility or operation are confidential, unless a clear and immediate danger to the public health or environment exists. Information concerning inquiries, acti…

Sec. 5. The department may contract with another entity to provide some or all of the services required by this chapter. [Pre-1996 Recodification Citation: 13-10-2-5.] As added by P.L.1-1996, SEC.18.

[Pre-1996 Recodification Citation: 13-10-2-6.] As added by P.L.1-1996, SEC.18. Repealed by P.L.12-2005, SEC.6.

Sec. 1. The commissioner or a designated member of the staff of the department may initiate an investigation on receipt of information of an alleged violation of any of the following: (1) Environmental management laws. (2) Air pollution control laws. (3) Water pollution control l…

Sec. 10. In accordance with the procedure set forth in this chapter, the commissioner shall: (1) issue and enter an order; or (2) make any other determination; that the commissioner considers appropriate. [Pre-1996 Recodification Citation: 13-7-11-5(a).] As added by P.L.1-1996, S…

Sec. 11. An order of the commissioner under this chapter may do any of the following: (1) Include a direction to cease and desist from violations of the following: (A) Environmental management laws. (B) Air pollution control laws. (C) Water pollution control laws. (D) A rule adop…

Sec. 12. If an order of the commissioner allows time during which to correct a violation, the order may provide for the posting of a performance bond with surety or security acceptable to the department to assure the correction of the violation within the time prescribed in the o…

consent; parties; expenses; attorney's fees Sec. 13. (a) Except as provided in subsection (c), an enforcement action may not be taken under this chapter for a violation of IC 13-30-2-1(5) against a landowner on whose land garbage or other solid waste, except hazardous waste, has …

Sec. 2. If an investigation discloses a possible violation, the commissioner shall proceed under: (1) section 3 of this chapter; or (2) first section 3 of this chapter and then section 4 of this chapter. [Pre-1996 Recodification Citation: 13-7-11-2(a).] As added by P.L.1-1996, SE…

order; failure to enter into agreed order Sec. 3. (a) The commissioner shall: (1) notify the alleged violator in writing that the commissioner believes a violation may exist; and (2) offer the alleged violator an opportunity to enter into an agreed order providing for: (A) the ac…

Sec. 4. (a) The commissioner shall issue written notice to an alleged violator in accordance with IC 13-14-2-1. (b) The notice must: (1) specify the provision of: (A) the environmental management laws; (B) the air pollution control laws; or (C) the water pollution control laws; o…

Sec. 5. (a) Except as otherwise provided in: (1) a notice issued under section 4 of this chapter; or (2) a law relating to emergency orders; an order of the commissioner under this chapter takes effect twenty (20) days after the alleged violator receives the notice, unless the al…

Sec. 6. If an alleged violator who has requested a review of an order of the commissioner under section 5 of this chapter agrees to resolve the controversy concerning the order in a manner satisfactory to the commissioner before a final order is issued by the office of environmen…

Sec. 7. A final order of an environmental law judge is subject to judicial review under IC 4-21.5-5. [Pre-1996 Recodification Citation: 13-7-11-2(f).] As added by P.L.1-1996, SEC.20.

Sec. 8. (a) A person who has filed a complaint under IC 13-30-1 may proceed against the alleged violator if the department does not: (1) commence: (A) an administrative proceeding; or (B) a civil action; on the alleged pollution, impairment, or destruction not later than ninety (…

Sec. 9. In hearings under this chapter, the burden is on the complainant to show the alleged violation. [Pre-1996 Recodification Citation: 13-7-11-2(h).] As added by P.L.1-1996, SEC.20.

Sec. 1. (a) Not later than March 1 of each year, a manufacturer shall report to the department the total weight in pounds of covered electronic devices that the manufacturer: (1) collected from eligible entities and recycled; or (2) arranged to have collected from eligible entiti…

Sec. 2. Not later than each March 1, a recycler of covered electronic devices shall do the following: (1) Report to the department separately the total weight in pounds of covered electronic devices that were: (A) recycled by the recycler; and (B) taken by the recycler for final …

Sec. 3. Not later than each March 1, a collector shall submit to the department a report that contains for the program year that ended on the immediately preceding December 31: (1) the total weight in pounds of covered electronic devices that were collected in Indiana by the coll…