Title 13, ENVIRONMENT

Sec. 1. The department shall advise local governmental units referred to in IC 13-11-2-158 in developing facilities or establishing standards for the following: (1) Air, water, odor, and noise pollution control. (2) Water or wastewater treatment. (3) Water resource development. (…

Sec. 2. Each facility or standard of a local governmental unit must meet the minimum state requirements or standards established by the appropriate board. [Pre-1996 Recodification Citation: 13-7-15-2(a) part.] As added by P.L.1-1996, SEC.4.

Sec. 3. (a) If the commissioner finds that the local governmental units have not developed plans that provide for adequate: (1) water supply; (2) air, water, or wastewater treatment; or (3) solid waste disposal facilities; the department may hold a public hearing. (b) If the fact…

Sec. 1. (a) Whenever the department receives a permit application, the department shall send notice that the permit application has been received by the department to the following: (1) The county executive of a county that is affected by the permit application. (2) The executive…

Sec. 1.3. The department shall give priority to permit applications that concern: (1) military bases; and (2) the destruction, reclamation, recycling, reprocessing, or demilitarization of ordnance and other explosive materials. As added by P.L.5-2005, SEC.3.

Sec. 2. (a) A permit issued under: (1) this article; (2) IC 13-17-11; (3) IC 13-18-18; or (4) IC 13-20-1; may be issued for any period determined by the department to be appropriate but not to exceed five (5) years. (b) Except as provided in federal law, a valid permit that has b…

Sec. 3. (a) A public hearing shall be held on the question of: (1) the issuance of an original or renewal permit for a hazardous waste disposal facility under IC 13-22-3; or (2) the issuance of an original permit for a solid waste disposal facility or a solid waste incinerator re…

Sec. 4. If the petition under section 3(b)(2) of this chapter requests that the public hearing be conducted at a location within a county affected by a proposed permit, the department shall attempt to conduct the public hearing at that location. [Pre-1996 Recodification Citation:…

Sec. 5. (a) Whenever a permit is required by any rule of the board under IC 13-15-1 for the construction, installation, operation, or modification of any facility, equipment, or device, the permit may be issued only after the department staff has: (1) approved the plans and speci…

Sec. 6. (a) When a person holding a valid permit concerning an activity of a continuing nature has made a timely and sufficient application for a renewal or a new permit in accordance with rules of the board, the existing permit does not expire until a final determination on the …

Sec. 1. The department shall provide assistance on air pollution matters to towns, cities, and counties. The commissioner shall make the commissioner's best efforts to assist and cooperate with other groups interested in and affected by air pollution. [Pre-1996 Recodification Cit…

Sec. 10. The commissioner may budget and receive appropriated money for expenditures to carry out air pollution control laws. [Pre-1996 Recodification Citation: 13-1-1-4(i).] As added by P.L.1-1996, SEC.7.

Sec. 11. The board may adopt rules under IC 4-22-2 and IC 13-14-9 under discretionary authority granted to the state by: (1) the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L.101-549); or (2) a regulation adopted under the…

Sec. 12. Unless otherwise indicated, any express grant of authority provided to the board under this title may not be interpreted to prohibit the board from adopting rules that extend the grant of authority to cover additional activities in accordance with section 4 of this chapt…

Sec. 13. The commissioner may not issue any permit to a solid waste incinerator required by the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L. 101-549), if the commissioner is also responsible in whole or in part for the d…

Sec. 14. (a) If a federal regulation adopted to implement the federal Clean Air Act classifies or amends an existing designation of: (1) attainment; (2) nonattainment; or (3) unclassifiable; for any area within Indiana, that designation becomes effective and enforceable in Indian…

Sec. 15. (a) The board may adopt rules and standards prescribing limitations on noise emission. In adopting rules under this section, the board may prescribe that a person may not emit or cause to be emitted any noise that: (1) unreasonably interferes with any lawful business or …

Sec. 2. The commissioner may conduct inspections under air pollution control laws in accordance with IC 13-14-2. [Pre-1996 Recodification Citation: 13-1-1-4(a).] As added by P.L.1-1996, SEC.7.

Sec. 3. Air pollution control laws may be enforced under IC 13-14-2-6 or IC 13-30-3. [Pre-1996 Recodification Citation: 13-1-1-4(b).] As added by P.L.1-1996, SEC.7.

Sec. 4. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are: (1) consistent with the general intent and purposes declared in IC 13-17-1 and section 1 of this chapter; and (2) necessary to the implementation of the federal Clean Air Act (42 U.S.C. 7401 et seq.)…

Sec. 5. Violations of air pollution control laws are subject to the penalties imposed by the following: (1) IC 13-30-4. (2) IC 13-30-5. (3) IC 13-30-8. In addition, a violation of air pollution control laws may lead to criminal prosecution under IC 13-30-10. [Pre-1996 Recodificat…

Sec. 7. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An administrative law judge under IC 4-15-10.5 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-1-4(f).] As added by P.L.1-1996, SEC.7. Am…

Sec. 1. The board shall adopt rules for the control and prevention of pollution in waters of Indiana. [Pre-1996 Recodification Citation: 13-1-3-4(a) part.] As added by P.L.1-1996, SEC.8. Amended by P.L.133-2012, SEC.125; P.L.135-2026, SEC.145.

Sec. 1.5. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 establishing standards for the reclamation and reuse of treated wastewater. (b) The rules adopted under subsection (a): (1) must protect state waters and public health; (2) may concern multiple categories of r…

Sec. 10. The department may call upon: (1) any state officer, board, department, or other state institution; and (2) the officers or employees of an individual entity described in subdivision (1); for any assistance necessary to carry out the water pollution control laws. [Pre-19…

Sec. 12. The department may not require a permit, permission, or review from a person who develops plans concerning the design or construction of: (1) a sanitary sewer or public water main, if: (A) a professional engineer who is registered under IC 25-31 prepared the plans; (B) t…

Sec. 13. If a violation of the department's construction storm water general permit occurs, the department shall determine which person is responsible for committing the violation. As added by P.L.161-1999, SEC.1. Amended by P.L.135-2026, SEC.152.

Sec. 14. (a) The outstanding state resource water improvement fund is established. All money collected under section 2 of this chapter and any money accruing to the fund are continuously appropriated to the fund to carry out the purposes of section 2 of this chapter. Money in the…

Sec. 15. (a) Subject to subsection (c), the board shall eliminate: (1) the requirement that NPDES general permit terms and conditions be contained in a rule; and (2) the terms and conditions of each NPDES general permit that is: (A) contained in that article; and (B) in effect on…

Sec. 2. (a) The board may adopt rules under IC 4-22-2 that are necessary to the implementation of: (1) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in effect January 1, 1988; and (2) the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j), as in …

Sec. 2.1. (a) If: (1) a discharge results from an activity for which: (A) an NPDES permit subject to IC 13-15-4-1(a)(2)(B), IC 13-15-4-1(a)(3)(B), or IC 13-15-4-1(a)(4); or (B) a modification or renewal of a permit referred to in one (1) of the sections referred to in clause (A);…

Sec. 2.3. (a) This subsection applies if a use attainability analysis is performed and approved to change the designated use of a water body receiving wet weather discharges from combined sewer overflows from the recreational use designation that applied to the waters immediately…

Sec. 2.4. An NPDES permit holder shall review the feasibility of implementing additional or new control alternatives to attain water quality standards. The NPDES permit holder shall conduct such a review periodically, but not less than every five (5) years after approval of the l…

Sec. 2.5. (a) A CSO wet weather limited use subcategory is established for waters affected by receiving combined sewer overflows, as specified in an approved long term control plan. The CSO wet weather limited use subcategory applies to a specific water body after implementation …

Sec. 2.6. (a) Where appropriate, permits shall contain schedules of compliance requiring the permittee to take specific steps to achieve expeditious compliance with applicable standards, limitations, and other requirements. (b) The schedule of compliance shall require compliance …

Sec. 4. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An administrative law judge under IC 4-15-10.5 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-3-4(c).] As added by P.L.1-1996, SEC.8. Am…

Sec. 6. The water pollution control laws may be enforced under IC 13-30-3 or IC 13-14-2-6. [Pre-1996 Recodification Citation: 13-1-3-5(a).] As added by P.L.1-1996, SEC.8.

Sec. 7. The commissioner may order any person to acquire, construct, repair, alter, or extend the plants that are necessary for the disposal or treatment of organic or inorganic matter that is: (1) causing; (2) contributing to; or (3) about to cause or contribute to; a polluted c…

Sec. 8. The commissioner may require the sealing of mines, oil and gas wells, brine wells, or any other subterranean strata that are: (1) causing; (2) contributing to; or (3) about to cause or contribute to; a polluted condition of the waters of Indiana. [Pre-1996 Recodification …

Sec. 9. The department may, through any authorized agent, enter at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions relating to the pollution of any water of Indiana. [Pre-1996 Recodification Citation: 13-1-…

Sec. 1. 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 hazardous waste in Indiana, including: (A) rules necessary to implement the federal Resource Conservation and Recovery Act …

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 administrative law judge under IC 4-15-10.5 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. A…

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 generating electricity by electric utilities and independ…

Sec. 3.1. Except as provided in section 3(c) of this chapter, the rules adopted under section 1(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 material: (A) is not included in…

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…