Title 13, ENVIRONMENT

Sec. 5. After an analysis described in section 3 of this chapter has been completed and the terms of any agreement have been tentatively agreed to under section 4(b) or 4(c) of this chapter, a public meeting must be held, not later than forty-five (45) days after the date the ten…

Sec. 6. (a) If a county withdraws from or the county executives of a joint district remove a county from a joint district, the county: (1) before July 1, 2017, must: (A) designate itself as a new county district; (B) join one (1) or more other counties to form a new joint distric…

Sec. 7. A district plan described under section 6(b) of this chapter must be adopted by the: (1) county executive of the county located in the new county district; or (2) county executive of each county located in the new joint district; not later than sixty (60) days after the d…

Sec. 1. (a) A person that generates hazardous waste that is transported to a: (1) treatment; (2) storage; or (3) disposal; facility located at a site other than the site where the waste was generated shall use the Uniform Hazardous Waste Manifest form adopted by the United States…

Sec. 2. (a) A generator located in Indiana whose hazardous waste is transported to a treatment, storage, or disposal facility located in another state may use a manifest form prescribed by the law of the other state to meet the requirements of this chapter if the form is compatib…

Sec. 3.1. (a) As used in this section, "acute hazardous waste" has the meaning set forth in IC 13-11-2-1.5. (b) A person that: (1) in any one (1) or more calendar months of a calendar year generates: (A) more than one hundred (100) kilograms but less than one thousand (1,000) kil…

Sec. 1. The rules adopted under IC 13-23-1-2(b)(6) may allow evidence of financial responsibility in one (1) or a combination of the following forms: (1) Insurance. (2) Guarantee. (3) Surety bond. (4) Letter of credit. (5) Qualification as a self-insurer. (6) Any other method sat…

Sec. 2. The rules adopted under IC 13-23-1-2(b)(6) may require the use of certain policy provisions or contract terms, including provisions or terms concerning the following: (1) The minimum amount of coverage required for various classes and categories of underground storage tan…

Sec. 3. (a) The commissioner may provide a method under which the owner or operator of an underground storage tank may establish evidence of financial responsibility as required under sections 1 and 2 of this chapter and 42 U.S.C. 6991b(c)(6) with respect to the part of the poten…

Sec. 4. (a) The rules adopted under IC 13-23-1-2(b)(6) may require a minimum amount of coverage for particular classes or categories of underground storage tanks containing petroleum. Minimum coverage amounts established under this subsection must be at least one million dollars …

Sec. 5. (a) The commissioner, upon the application of any affected person or in the absence of any application, may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the commissioner determines that…

Sec. 6. (a) If: (1) the owner or operator of an underground storage tank is in bankruptcy, reorganization, or arrangement under the federal bankruptcy law; or (2) despite the exercise of reasonable diligence, no state or federal court could obtain jurisdiction over an owner or op…

Sec. 7. The provisions of IC 13-11-2-241(d)(10) and sections 1(6) and 5(c) of this chapter requiring the concurrence of the Administrator of the United States Environmental Protection Agency for an action of the board or commissioner to be effective are nullified if the Administr…

Sec. 0.2. The amendments made to IC 13-7-8.7-8(c) through IC 13-7-8.7-8(f) (before that section's repeal, now codified at section 8 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991. As added by P.L.220-201…

Sec. 1. (a) The hazardous substances response trust fund is established. The purpose of the fund is to accumulate and maintain a source of money for the following purposes: (1) Financing contracts or cooperative agreements between the state and the President of the United States …

Sec. 10. (a) The commissioner may proceed in the appropriate court to recover costs and damages for which a responsible person is liable to the state under any of the following: (1) Section 107 of CERCLA (42 U.S.C. 9607). (2) Section 8 of this chapter. (3) This section. (b) In ad…

Sec. 11. (a) After a response is initiated under: (1) section 9 of this chapter; or (2) IC 13-24-1; the department may impose a lien on the property on which the response is undertaken. The lien may secure the payment to the state of an amount of money equal to the amount expende…

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. 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…

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:…

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 approved response action un…

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.…

Sec. 4. (a) The department shall do the following: (1) Prepare an annual budget to provide for administrative and personnel expenses from the fund. (2) Submit the budget to the budget committee in accordance with IC 4-12-1. (b) The general assembly must appropriate the money in t…

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 may adopt rules establishing criteria for determining the commissioner's priorities in selecting hazardous substance response sites. [Pre-1996 Recodification Citation: 13-7-8.7-7(d).] As added by P.L.1-1996, SEC.15. Amended by P.L.133-2012, SEC.154; P.L.135-2026…

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 plan; (2) the costs of …

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…

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 (3) the department of natural resources has fi…

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) one (1) trustee…

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…

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) reports disclosed to the department; (2) violations disclosed to the department through the reports; a…

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: …

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…

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…