Title 13, TITLE 13. ENVIRONMENT

Sec. 1. The purposes of this chapter are the following: (1) To declare a state policy that will encourage productive and enjoyable harmony between humans and the environment. (2) To promote efforts that will prevent or eliminate damage to the environment and biosphere and stimula…

Sec. 10. Any state agency that is required by the federal National Environmental Policy Act (P.L. 91-190) (42 U.S.C. 4321 et seq.) to file a federal environmental impact statement is not required to file a statement with the state government as provided under sections 5 and 6 of …

Sec. 2. The general assembly recognizes the following: (1) The profound impact of human activity on the interrelations of all components of the natural environment, particularly the profound influences of the following: (A) Population growth. (B) High-density urbanization. (C) In…

Sec. 3. The general assembly declares that it is the continuing policy of the state, in cooperation with the federal and local governments and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance…

Sec. 5. To the fullest extent possible: (1) the policies, rules, and statutes of the state shall be interpreted and administered in accordance with the policies set forth in this chapter; and (2) all state agencies shall do the following: (A) Use a systematic, interdisciplinary a…

agencies Sec. 6. All state agencies shall review their: (1) statutory authority; (2) administrative rules; and (3) current policies and procedures; to determine whether there are any deficiencies or inconsistencies that prohibit full compliance with the purposes and provisions of…

Sec. 7. Sections 5 and 6 of this chapter do not affect the specific statutory obligations of any state agency to do any of the following: (1) Comply with criteria or standards of environmental quality. (2) Coordinate or consult with any other federal or state agency. (3) Act or r…

Sec. 8. This chapter may not be construed to require an environmental impact statement for the issuance of a license or permit by any state agency. [Pre-1996 Recodification Citation: 13-1-10-6.] As added by P.L.1-1996, SEC.2.

Sec. 9. Policies and goals set forth in this chapter supplement those policies and goals set forth in other authorizations of state agencies. [Pre-1996 Recodification Citation: 13-1-10-7.] As added by P.L.1-1996, SEC.2.

Sec. 1. (a) Each agency, department, and institution of the state shall report to the department any plans or activities that affect or may affect the environment of Indiana. (b) The department shall: (1) review the reports described in subsection (a); and (2) coordinate the prog…

Sec. 2. (a) Each: (1) unit of local government referred to in IC 13-11-2-158; (2) state agency; or (3) interstate agency; that makes an application for loans or grants under the federal statutes that relates to any program that affects or would affect the environment of Indiana s…

Sec. 3. (a) Each person: (1) discharging; or (2) proposing to discharge or emit; contaminants that could affect environmental quality shall furnish to the department the reasonable technical or monitoring program reports that the board specifies by rule. (b) An affidavit of the r…

Sec. 1. (a) Except as provided in sections 2, 3, and 6 of this chapter, the commissioner shall approve or deny an application filed with the department after July 1, 1995, within the following number of days: (1) Three hundred sixty-five (365) days for an application concerning t…

Sec. 10. The commissioner may suspend the processing of an application, and the period described under sections 1 through 6 of this chapter is suspended, if one (1) of the following occurs: (1) The department determines that the application is incomplete and has mailed a notice o…

application or pending commissioner's ruling on application Sec. 11. (a) If an applicant is operating pursuant to a continuation of an existing permit pending determination of an application for a new or renewed permit under IC 13-15-3-6, the applicant may proceed under this sect…

[Pre-1996 Recodification Citation: 13-7-10.1-8(b).] As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002, SEC.30.

renewal Sec. 12.1. An applicant may not receive a refund of a permit application fee if the permit application concerned the renewal of a permit. As added by P.L.240-2003, SEC.11.

[Pre-1996 Recodification Citation: 13-7-10.1-8(c).] As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002, SEC.30.

equipment or facility Sec. 14. Except for applicants proceeding under section 11(a) of this chapter, an applicant may not proceed under any of the options described in section 11(b) of this chapter if construction or operation of the equipment or facility described in the permit …

Sec. 15. (a) If an applicant chooses to proceed under section 11(b)(3) of this chapter, the department and the applicant shall jointly: (1) select a consultant that has the appropriate background to review the applicant's application; and (2) authorize the consultant to begin wor…

Sec. 16. (a) If an applicant chooses to proceed under section 11(b)(2) or 11(b)(3) of this chapter, the applicant or a consultant shall prepare and submit to the commissioner the draft permit and any required supporting technical justification for the permit not later than thirty…

Sec. 17. (a) Any time before a period specified under sections 1 through 6 of this chapter has expired, the commissioner may do the following: (1) Notify an applicant that the commissioner does not believe that the commissioner will be able to approve or deny a permit application…

Sec. 18. The remedies provided in this chapter are not the exclusive remedies available to a permit applicant. A permit applicant's election of a remedy under this chapter does not preclude the permit applicant from seeking other remedies available at law or in equity. [Pre-1996 …

As added by P.L.184-2002, SEC.10. Amended by P.L.53-2014, SEC.120. Repealed by P.L.130-2018, SEC.59.

Sec. 2. (a) This section does not apply to permit applications described in section 1(a)(1) or 1(a)(2) of this chapter. (b) If the department determines that a public hearing should be held under: (1) IC 13-15-3-3; or (2) any other applicable rule or law; the commissioner has thi…

Sec. 3. (a) A board may adopt a rule under IC 4-22-2 that changes a period described under section 1 of this chapter within which the commissioner must approve or deny an application: (1) if: (A) the general assembly enacts a statute; (B) a board adopts a rule; or (C) the federal…

Sec. 4. An application for a permit renewal that includes a modification shall be reviewed within the period applicable to the modification. [Pre-1996 Recodification Citation: 13-7-10.1-4(d).] As added by P.L.1-1996, SEC.5.

Sec. 5. Sections 1 through 4 and section 6 of this chapter do not alter the procedures and time frames set forth in the hazardous waste permit modification rules adopted by the department, except to the extent that sections 1 through 4 and 6 of this chapter establish specific cal…

Sec. 6. (a) Notwithstanding the periods specified in sections 1 through 4 of this chapter and this section, a person proposing to construct, modify, or operate any equipment, facility, or pollution control device that is demonstrated to achieve pollution control or pollution prev…

Sec. 8. (a) The commissioner and an applicant may agree in writing to extend any time allowed under sections 1 through 6 of this chapter for a decision to be made on an application. (b) The commissioner and an applicant may agree in writing to have a consultant review an applicat…

Sec. 9. The commissioner may deny a permit application because the application is incomplete if: (1) the department, not later than thirty-five (35) working days after receiving the application, identifies each part of the application that is incomplete; and (2) the applicant has…

Sec. 1. The discharge into the outdoor atmosphere of air contaminants that would cause air pollution and create a public nuisance is contrary to the public policy of the state and this article. [Pre-1996 Recodification Citation: 13-1-1-7(a).] As added by P.L.1-1996, SEC.7.

Sec. 2. (a) Air pollution may at certain times and places so seriously affect the public health and so threaten the population as to warrant emergency powers to prevent or minimize disasters of unforeseen proportions. If the commissioner determines, in consultation with the commi…

Sec. 3. (a) Not more than twenty-four (24) hours after issuance of a proclamation under section 2 of this chapter, the attorney general, at the request of the governor, shall initiate injunctive proceedings in the appropriate court against each person causing or contributing to t…

Sec. 1. The board may adopt rules under IC 4-22-2 to determine what qualities and properties of water indicate a polluted condition of the water in any of the streams or waters of Indiana: (1) that is deleterious to: (A) the public health; or (B) the prosecution of any industry o…

Sec. 2. A rule or determination made by the board or the commissioner under sections 1 through 4 of this chapter shall be filed of record in the office of the department. [Pre-1996 Recodification Citation: 13-1-3-7(b).] As added by P.L.1-1996, SEC.8.

Sec. 3. The board may adopt rules restricting the polluting content of any waste material and polluting substances discharged or sought to be discharged into any of the streams or waters of Indiana. [Pre-1996 Recodification Citation: 13-1-3-7(c).] As added by P.L.1-1996, SEC.8.…

interest Sec. 4. The commissioner may take appropriate steps to prevent any pollution that is determined to be unreasonable and against public interests in view of the condition in any stream or other waters of Indiana. [Pre-1996 Recodification Citation: 13-1-3-7(d).] As added by…

Sec. 6. (a) Whenever the commissioner determines that a person: (1) is violating; or (2) is about to violate; section 5 of this chapter, the department shall serve notice of the commissioner's determination on the person in accordance with IC 13-14-2-1. (b) The commissioner shall…

Sec. 7. (a) Notwithstanding any rules of the board, the commissioner shall allow for a mixing zone in permits that involve a discharge into Lake Michigan if the applicant can demonstrate to the commissioner that the mixing zone will not cause harm to human health or aquatic life.…

Sec. 8. In issuing permits authorizing discharge induced mixing, the commissioner shall allow for mixing initiated by the use of: (1) submerged, high rate diffuser outfall structures; or (2) the functional equivalent of submerged, high rate diffuser outfall structures; that provi…

waste disposal facility permits Sec. 1. (a) Except as provided in section 8(e) of this chapter, this chapter does not apply to: (1) an applicant for a transfer station permit that holds a permit for and continuously operates; or (2) the transfer of a permit for a transfer station…

Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter. [Pre-1996 Recodification Citation: 13-7-10.2-7.] As added by P.L.1-1996, SEC.9. Amended by P.L.133-2012, SEC.134.

information Sec. 2. Before an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility may be granted, the applicant and each person who is a responsible party with …

Sec. 3. (a) In a disclosure statement required by section 2 of this chapter, the applicant or responsible party shall set forth the following information: (1) The name and business address of the applicant or responsible party. (2) A description of the applicant's or responsible …

Sec. 4. The department may investigate and verify the information set forth in a disclosure statement required by section 2 of this chapter. [Pre-1996 Recodification Citation: 13-7-10.2-3(d).] As added by P.L.1-1996, SEC.9. Amended by P.L.2-1997, SEC.43.

Sec. 5. (a) Subject to subsection (b), the commissioner may deny an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility if the commissioner finds that: (1) the …

Sec. 6. Before making a determination to deny an application for the issuance, transfer, or major modification of a permit under section 5 of this chapter, the commissioner shall consider the following mitigating factors: (1) The nature and details of the acts attributed to the a…

Sec. 7. (a) In taking action under this chapter on an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility, the commissioner shall make separately stated finding…

commissioner Sec. 8. (a) This section does not apply to the transfer of ownership of a facility from a permittee whose business derives less than fifty percent (50%) of its gross revenue from the management of solid waste to a prospective owner whose business derives less than fi…