Title 13, TITLE 13. ENVIRONMENT

Sec. 18. A lien created under section 11 of this chapter or IC 13-7-8.7-10.7 (before its repeal) continues until the earlier of the following: (1) The full discharge and satisfaction of the lien. (2) The expiration of a ten (10) year period from the date of the creation of the li…

Sec. 19. (a) At least thirty (30) days before notice of a lien arising under this chapter may be filed under section 12 of this chapter, the department must send a written notice: (1) to the owner of the real property that would be subject to the lien; or (2) if the owner of reco…

Sec. 2. The sources of money for the fund are the following: (1) Fees paid under IC 13-22-12-3.5 for the disposal of hazardous waste. (2) Any payment to the state or the fund as: (A) reimbursement for amounts expended by the state in a response action; (B) reimbursement of admini…

Sec. 20. (a) Before the date on which the state intends to impose a lien on real property under section 11 of this chapter, the owner of the real property may request that a hearing be conducted under IC 4-21.5. A hearing conducted under this section and IC 4-21.5 shall be limite…

Sec. 21. If an owner requests a hearing under section 20 of this chapter, the state may not impose a lien on the owner's real property under section 11 of this chapter until the commissioner determines after the hearing that there is probable cause to believe that: (1) a removal …

Sec. 22. If the department provides a county recorder with a copy of a written notice under section 19(b) of this chapter, the department shall retrieve the copy of the written notice from the county recorder on the date a lien is imposed on the real property described in the wri…

Sec. 23. (a) The commissioner may enter into an agreement with one (1) or more potentially responsible persons concerning removal and remedial action at a site in Indiana. An agreement entered into under this section may call for one (1) or more parties, at the party's own expens…

Sec. 24. (a) This section applies to real property that is: (1) the site of an existing or former hazardous waste facility that is or was subject to regulation under: (A) IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14; or (B) Subchapter III of the federal Solid…

[Pre-1996 Recodification Citation: 13-7-8.7-13.] As added by P.L.1-1996, SEC.15. Repealed by P.L.130-2018, SEC.71.

Sec. 26. A state or local permit may not be required for the part of a removal or remedial action that is conducted entirely at the site of the release or threatened release of a hazardous substance if the removal or remedial action is selected and carried out in compliance with:…

claims or contributions Sec. 27. (a) This chapter does not affect an action or a claim, including a claim for contribution, that a person who implements or completes an approved response action has or may have against a third party. (b) A person who implements or completes an app…

Sec. 28. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for financial assistance from the fund commits a Level 6 felony. As added by P.L.137-2007, SEC.29. Amended by P.L.158-2013, SEC.194.

Sec. 3. The treasurer of state shall invest the assets of the fund: (1) as a whole; and (2) in the investments that are authorized by the Constitution of the State of Indiana and state laws. [Pre-1996 Recodification Citation: 13-7-8.7-4.] As added by P.L.1-1996, SEC.15. IC 13-25-…

Sec. 5. (a) This section applies to the following: (1) A person that stores, treats, or disposes of hazardous substances. (2) If necessary to ascertain facts not available at the site or facility where the hazardous substances are located, a person that generates, transports, or …

Sec. 6. (a) For the purpose of assisting in determining the need for corrective action under IC 13-22-13 or removal or remedial action in connection with a hazardous substance under this chapter, an officer, an employee, or a designated agent of the department may: (1) enter at r…

Sec. 7. The board shall adopt rules establishing criteria for determining the commissioner's priorities in selecting hazardous substance response sites. Until these rules have been adopted, the commissioner shall give priority to those sites presenting a significant threat to pub…

concerning releases Sec. 8. (a) Except as provided in subsection (b), (c), or (d), a person that is liable under Section 107(a) of CERCLA (42 U.S.C. 9607(a)) for: (1) the costs of removal or remedial action incurred by the commissioner consistent with the national contingency pla…

Sec. 8.2. A person that is a lender and that holds evidence of ownership primarily to protect a security interest in a vessel or facility may be considered to participate in the management (as defined in IC 13-11-2-151.4) of the hazardous substance at the facility only if, while …

Sec. 8.4. (a) The liability of a fiduciary under this title for the release or threatened release of a hazardous substance at, from, or in connection with a vessel or facility held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity. (b) Subsection …

Sec. 9. (a) The commissioner may proceed in court, by appropriate action, to: (1) compel a responsible person to undertake a removal or remedial action with respect to a release or threatened release of a hazardous substance from a facility or site in Indiana; or (2) obtain an or…

Sec. 1. The board of trustees of a district is the governing body of the district. A board may consist of: (1) three (3); (2) five (5); (3) seven (7); (4) nine (9); (5) eleven (11); or (6) thirteen (13); trustees. [Pre-1996 Recodification Citations: 13-3-2-1 part; 13-3-2-5(d) par…

Sec. 2. An order establishing a district may provide for the board to be elected by the voters in the district from districts or wards or from the district at large. Elections and provisions for filling vacancies must be in accordance with IC 3, with the commissioner or the commi…

Sec. 3. Instead of electing the board, an order establishing a district may provide for appointments to the board by the elected executive or legislative officers of the eligible entities having territory in the district. [Pre-1996 Recodification Citation: 13-3-2-5(d) part.] As a…

commissioner of the department of correction Sec. 4. (a) If: (1) a district will include territory in more than one (1) county; (2) a county executive has filed a petition for a district including territory owned, leased, or controlled by the department of natural resources; or (…

municipality Sec. 5. If a plan also contemplates that sewage treatment for the district will be provided in cooperation with a municipality, the order must provide that: (1) at least one (1) trustee shall be appointed by the executive of the municipality; and (2) at least: (A) on…

Sec. 6. (a) Except as provided in subsection (b)(5), an appointed trustee does not have to be a resident of the district. (b) An appointed trustee must: (1) own real property within the district; (2) be a trustee appointed under section 4 or 5 of this chapter; (3) be an elected o…

As added by P.L.97-2012, SEC.7. Amended by P.L.139-2012, SEC.4. Repealed by P.L.181-2018, SEC.12.

Sec. 7. (a) The board of a district may provide for the payment of not more than one hundred fifty dollars ($150) per day to members of the board for each day or major part of a day devoted to the work of the district. (b) Members of the board are entitled to receive an amount fo…

Sec. 8. (a) When the board of a district conducts a public hearing or meeting, the board shall allow any person an opportunity to be heard: (1) in the presence of others who are present to testify; and (2) in accordance with subsection (b). (b) The board may limit testimony at a …

Sec. 1. (a) The privilege created by this section does not apply to criminal investigations or proceedings. Environmental audit reports are admissible in criminal investigations or proceedings. (b) Except as provided in section 2 of this chapter, an environmental audit report: (1…

Sec. 10. This chapter does not limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including the following: (1) The work product doctrine. (2) The attorney client privilege. [Pre-1996 Recodification Citation: 13-10-3-12.] As added by P.L.1-1996…

Sec. 11. (a) The department shall maintain statistics on the use of environmental audit reports in department compliance and enforcement activities, including statistics on: (1) the number of times the reports are disclosed to the department; (2) the number and types of violation…

Sec. 2. (a) In a civil or an administrative proceeding, a court of record, after an in camera review, shall require disclosure of material for which the privilege described in section 1 of this chapter is asserted if the court determines that both subdivisions (1) and (2) apply: …

[Pre-1996 Recodification Citation: 13-10-3-5.] As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.

Sec. 4. (a) A party asserting the privilege described in section 1 of this chapter has the burden of proving that the party may exercise the privilege. (b) A party asserting the privilege described in section 1 of this chapter has the burden of establishing evidence that the pers…

[Pre-1996 Recodification Citation: 13-10-3-7.] As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.

Sec. 6. Upon making a determination under section 2 of this chapter, the court may compel the disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding. [Pre-1996 Recodification Citation: 13-10-3-8.] As added by P.L.1…

Sec. 7. (a) Subject to subsections (b) and (c), the privilege described in section 1 of this chapter does not apply to the extent that the privilege is waived: (1) expressly; or (2) by implication; by the owner or operator who prepared the environmental report or caused the repor…

Sec. 8. The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under section 1 of this chapter. [Pre-1996 Recodification Cita…

Sec. 9. (a) The privilege described in section 1 of this chapter does not apply to the following: (1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under: …

Sec. 1. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who violates: (1) any provision of: (A) environmental management laws; (B) air pollution control laws; (C) water pollution control laws; (D) IC 13-18-14-1; (E) a rule or standard…

Sec. 2. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who: (1) is named in or directed by an emergency order under IC 13-14-10-1; and (2) violates the order; is liable for an additional civil penalty not to exceed five hundred dolla…

Sec. 3. (a) The department may waive up to one hundred percent (100%) of a civil penalty imposed on a business for a minor violation of: (1) a requirement of environmental management laws; (2) a rule adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2; …

program Sec. 4. To determine eligibility for a waiver under section 3 of this chapter, a business required to correct a violation may contact the technical and compliance assistance program established under IC 13-28-3. The confidentiality provision in IC 13-28-3-4 applies to the…

Sec. 1. A manufacturer shall in each of the manufacturer's program years recycle or arrange for the collection and recycling from covered entities of an amount of covered electronic devices equal to at least sixty percent (60%) of the total weight of the manufacturer's video disp…

records Sec. 2. (a) A manufacturer shall conduct and document due diligence assessments of collectors and recyclers with which the manufacturer contracts to allow the manufacturer to comply with this chapter. (b) A manufacturer shall maintain for three (3) years documentation sho…

Sec. 3. A manufacturer shall provide the department with contact information for an individual who can be contacted regarding the manufacturer's activities under this article. As added by P.L.178-2009, SEC.27.