Title 13, TITLE 13. ENVIRONMENT

atomic radiation; federal waste exemptions and exclusions; application of certain federal regulation amendments Sec. 1. (a) The board shall do the following: (1) Except as otherwise provided in this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardo…

Sec. 1.3. (a) Except as otherwise provided in this chapter, the board may adopt rules establishing standards and procedures for the legitimate use, instead of disposal, of material otherwise defined as a solid or hazardous waste, including standards and procedures concerning the …

Sec. 2. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An environmental law judge under IC 4-21.5-7 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-12-8(c).] As added by P.L.1-1996, SEC.9.…

legacy generation resource; state permit program; fees Sec. 3. (a) As used in this section and section 3.1 of this chapter, "coal combustion residuals" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of ge…

coal combustion residuals Sec. 3.1. Except as provided in section 3(c) of this chapter, the rules adopted under section 1(a)(1) of this chapter may not regulate the following: (1) The disposal of waste indigenous to the coal mining process and coal combustion residuals if the mat…

Sec. 3.2. (a) The CCR program fund is established for the purpose of paying costs incurred by the department in operating the state permit program established under section 3 of this chapter, including: (1) the personnel costs incurred in employing staff needed to perform the dut…

prohibited Sec. 4. Except as provided by sections 5 and 6 of this chapter, the board and the department may not adopt rules under section 1 of this chapter to: (1) prohibit; or (2) arbitrarily restrict; vertical expansions of existing permitted landfills. [Pre-1996 Recodification…

environmental assessments Sec. 5. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require an applicant for a vertical expansion of an existing permitted landfill to submit environmental assessments as part o…

of design, engineering, and operational requirements Sec. 6. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require the applicant for a vertical expansion of an existing permitted landfill to submit design,…

Sec. 7. The department and the board shall allow a person to use foundry sand that meets Type III criteria under 329 IAC 10-9 for the following activities in accordance with guidance without requiring the person to obtain any permits from the department: (1) As a daily cover for …

Sec. 7.2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to develop a voluntary certification program for persons that remediate sites where releases of hazardous substances (as defined in IC 13-11-2-98) or petroleum (as defined in IC 13-11-2-160) have occurred. (b)…

Sec. 8. The board may not adopt rules under section 1 of this chapter to regulate the following activities involving the legitimate use of slag generated by the production of iron or steel under Bureau of the Census Standard Industrial Classification 3312: (1) Production of slag.…

waste Sec. 8.2. The department may modify a permit to prohibit the processing or disposal of specific solid waste at: (1) a solid waste disposal facility; or (2) a solid waste processing facility. As added by P.L.218-2001, SEC.6.

Sec. 9. (a) This section does not apply to an expansion of a solid waste landfill: (1) that accepts only construction\demolition waste; and (2) for which a construction\demolition waste permit was issued before January 1, 2005. (b) A solid waste landfill that accepts only constru…

transfer station or final disposal facility; weight determination; certified statements Sec. 1. (a) A solid waste hauler that takes solid waste to a transfer station or a final disposal facility located in Indiana shall certify to the owner or operator of the transfer station or …

[Pre-1996 Recodification Citation: 13-9.5-11-2.] As added by P.L.1-1996, SEC.10. Repealed by P.L.250-2019, SEC.28.

instead of certification of report by hauler Sec. 3. A hauler that: (1) is required to make a certification or report under section 1 of this chapter concerning the origin of the solid waste; and (2) did not collect the solid waste at the point of origin; may satisfy the requirem…

Sec. 4. The requirements of section 1 of this chapter do not apply to haulers and owners or operators engaged in transporting or disposing of solid waste that is: (1) generated by a person; and (2) disposed of at a site that is: (A) owned by the person; and (B) limited, for the p…

Sec. 5. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. [Pre-1996 Recodification Citation: 13-9.5-11-5.] As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.137.

Sec. 0.2. (a) The amendments made to IC 13-9.5-2-2 and IC 13-9.5-2-11 (before their repeal, now codified in this chapter) by P.L.96-1995 apply to property taxes first due and payable after December 31, 1995, and to taxable years that begin after December 31, 1995. (b) The additio…

2017; option to dissolve or withdraw and have no district Sec. 1. (a) After June 30, 2017, a county may, by ordinance of the county executive: (1) join with one (1) or more other counties in establishing a joint solid waste management district that includes the entire area of all…

Sec. 10. (a) A controller selected under section 9 of this chapter shall do the following: (1) Be the official custodian of all district money and, subject to the terms of any resolution or trust indenture under which bonds are issued under this article, deposit and invest all di…

membership; functions Sec. 11. (a) The board of each district shall appoint and convene a solid waste management advisory committee of citizens not later than thirty (30) days after the board has been established. The committee must include the following: (1) Representatives of t…

Sec. 12. (a) Except as provided in section 14.5 of this chapter and subject to subsection (b), the powers of a district include the following: (1) The power to develop and implement a district solid waste management plan under IC 13-21-5. (2) The power to impose district fees on …

Sec. 12.2. (a) This section applies to a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000). (b) In addition to the powers granted to a district under section 12 of this chapter, a district may ma…

Sec. 13. (a) A board may do the following: (1) Enter into agreements concerning and acquire by any lawful means real property or interests in real and personal property needed for the purposes of this section or IC 13-21-9. (2) Enter into financing agreements to purchase, lease a…

Sec. 13.5. (a) At the end of each year the district shall prepare, on a form designed by the department of local government finance, a report that is accessible through the computer gateway administered by the office of technology established by IC 4-13.1-2-1 and that provides th…

Sec. 14. (a) This section does not apply to a contract executed before April 1, 1998. (b) Except as provided in subsection (d) and section 14.5 of this chapter, the powers of a district do not include the following: (1) The power of eminent domain. (2) Except as provided in subse…

district; evaluation of cost Sec. 14.5. (a) This section does not apply to the following: (1) The continuation of waste management services that a solid waste district provides with its facilities or work force before March 15, 1996. (2) Waste management services provided to the …

Sec. 15. (a) A district located in a county having a population of more than thirty-three thousand (33,000) and less than thirty-three thousand one hundred (33,100) may appeal to the department of local government finance to have a property tax rate in excess of the rate permitte…

Sec. 15.5. (a) A district may appeal to the department of local government finance to have a property tax rate in excess of the rate permitted by section 12 of this chapter. The appeal may be granted if the district with respect to 2001 property taxes payable in 2002: (1) imposed…

tax Sec. 16. (a) The requirements of this section: (1) are in addition to the requirements set forth in IC 6-1.1-18.5-7(b); and (2) do not apply to a district that: (A) owns a landfill; (B) will use property tax revenue to: (i) construct a new landfill cell; or (ii) close a landf…

planning and practice improvement organizations Sec. 17. (a) If a board determines that it is desirable or necessary for employees or members of the board or advisory committee to attend a conference, seminar, or training session that concerns solid waste management or related is…

Sec. 18. The executive of a county or municipality located in a district may, with the approval of the fiscal body of the county or municipality: (1) grant or loan public money to the district; and (2) establish procedures: (A) for awarding grants; and (B) for the repayment of lo…

Sec. 19. (a) The board of a district may delegate any of the board's authority to any board or legislative body of a municipality by resolution. However: (1) an exercise by a municipality of the taxing power of the district must be ratified by the board of the district; and (2) i…

Sec. 2. All of the incorporated and unincorporated territory of a county must be included in the designated county solid waste management district or the joint solid waste management district to which the county belongs. [Pre-1996 Recodification Citation: 13-9.5-2-2.] As added by…

exemption from regulation and control of article Sec. 20. (a) Notwithstanding this chapter, IC 13-21-5, and IC 13-21-13, and except as provided in subsection (b), unless the legislative body of a county having a consolidated city elects by ordinance to participate in the rules, o…

Sec. 21. Before the board of a district may adopt an annual budget, the budget must be: (1) approved by the department of local government finance; and (2) sent to: (A) the executive; and (B) the fiscal body; of each county and municipality located within the district as a matter…

payments Sec. 22. (a) This subsection does not apply to the collection of property taxes. The board of a district may contract with a county to collect fees and revenue for a board. (b) A contract under this section must do all of the following: (1) Describe the fees and revenue …

Sec. 3. Within thirty (30) days after adopting an ordinance establishing a joint district and approving an agreement governing the operation of the joint district, a county shall provide the commissioner with a copy of the agreement. [Pre-1996 Recodification Citation: 13-9.5-2-3.…

Sec. 4. After a county has been designated as a county district or has joined with at least one (1) other county in a joint district, a board of directors shall be appointed. [Pre-1996 Recodification Citation: 13-9.5-2-4.] As added by P.L.1-1996, SEC.11.

Sec. 5. (a) Except as provided in subsections (b) through (e), the board of a county district consists of the following members: (1) Two (2) members appointed by the county executive from the membership of the county executive. (2) One (1) member appointed by the county fiscal bo…

Sec. 7. (a) In: (1) a joint district; or (2) a single district having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); the board appointed under section 5 of this chapter may elect from the board's membership an executive c…

Sec. 8. (a) This section does not apply to the members of a board of public works that constitutes the board of a county district under section 5(c) of this chapter. (b) The term of office of a member of the board of a district who is appointed from the membership of an executive…

Sec. 9. (a) This section does not apply to a board of public works that constitutes the board of a county district under section 5(c) of this chapter. (b) The board shall select the following: (1) A chairperson and vice chairperson from the board's membership. (2) A controller wh…

Sec. 1. The department shall operate permit programs for all hazardous waste facilities in accordance with IC 13-15. [Pre-1996 Recodification Citation: 13-7-8.5-5(a).] As added by P.L.1-1996, SEC.12.

monitoring; plan; inspection and oversight protocol Sec. 10. (a) In addition to any other requirements, a hazardous waste facility that generates or treats a hazardous waste classified as I001 must demonstrate all of the following: (1) That the destruction or treatment technology…

Sec. 2. The department shall issue permits for a hazardous waste facility constructed and operated in compliance with rules adopted by the board. [Pre-1996 Recodification Citation: 13-7-8.5-5(b) part, (f).] As added by P.L.1-1996, SEC.12. Amended by P.L.113-2014, SEC.76.

Sec. 3. (a) Before allowing the operation of a landfill for the disposal of hazardous waste, the commissioner and all the owners of the land upon which the landfill is located must execute and record a restrictive covenant upon the land involved. The department shall file the ins…

Sec. 4. There is no requirement for any of the following: (1) A manifest for onsite transportation. (2) A permit for treatment or recovery of hazardous waste generated as a residual or secondary material from a manufacturing process if the waste is: (A) recycled; (B) recovered; o…