Title 13, TITLE 13. ENVIRONMENT

Sec. 3. (a) After considering public comment received during all public meetings held under section 2 of this chapter, the board shall hold a public hearing on the proposed plan before adopting a district plan in final form. (b) The board shall make the proposed plan available to…

Sec. 4. (a) The department shall furnish a model format to be used in the preparation of district plans under this chapter. (b) A district plan adopted before January 1, 1991, may use a format different from the format furnished under subsection (a), but the commissioner may requ…

Sec. 5. (a) An advisory committee established under IC 13-21-3-11 must conduct at least one (1) regularly scheduled public meeting each month before reporting to the board on any matter. (b) After a board adopts a district plan, the advisory committee appointed by the board shall…

Sec. 6. A board: (1) must make all working documents available for review by the public for a period of time that allows sufficient time for adequate review before a public meeting of the board; and (2) shall make updated copies of working documents available to the public on a r…

Sec. 7. (a) If the board conducts a meeting other than a regularly scheduled public meeting conducted under section 2 of this chapter: (1) notice of the meeting must be given in accordance with IC 5-14-1.5-5; (2) an agenda of the meeting must be posted at least forty-eight (48) h…

Sec. 9. (a) If the commissioner disapproves a district plan submitted by a board, the commissioner shall promptly: (1) notify the board of the disapproval of the district plan; and (2) provide written comments on changes that would make the district plan acceptable. (b) The distr…

blended fuels Sec. 1. (a) Subject to section 2 of this chapter, and except as provided in subsection (b), an underground storage tank, whether of single or double wall construction, may not be installed before the effective date of the rules adopted under IC 13-23-1-2 for the pur…

Sec. 2. If soil tests conducted in accordance with: (1) ASTM Standard G57-78; or (2) another standard approved by the commissioner as exhibiting the same or a greater degree of reliability and accuracy; show that soil resistivity in an installation location is at least twelve tho…

laws Sec. 3. (a) An underground storage tank system that contains fuel composed of greater than fifteen percent (15%) alcohol is considered to comply with section 1(b) of this chapter if either of the following applies: (1) The system predates May 11, 2007. (2) The system predate…

Sec. 1. (a) This chapter is intended to provide an alternative procedure to assure compliance with the law and to encourage the voluntary remediation of hazardous substances and petroleum. (b) This section does not affect a person's legal obligations set forth in 42 U.S.C. 6901 e…

rejection Sec. 10. Subject to section 11 of this chapter, after receiving a recommendation under section 9 of this chapter, the commissioner shall: (1) approve; (2) modify and approve; or (3) reject; the proposed voluntary remediation work plan. [Pre-1996 Recodification Citation:…

notice; comment period; hearing Sec. 11. (a) Before the commissioner approves or rejects a proposed voluntary remediation work plan under section 10 of this chapter, the commissioner must: (1) notify local government units located in a county affected by the proposed voluntary re…

Sec. 12. If the commissioner rejects a proposed voluntary remediation work plan under section 10 of this chapter: (1) the commissioner shall, under applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), notify the applicant and specify the reasons for rejecting…

notice Sec. 13. If the commissioner approves or modifies and approves a proposed voluntary remediation work plan under this chapter, the commissioner shall notify the applicant in writing, under the applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), of the …

Sec. 14. If an applicant who submitted an approved voluntary remediation work plan desires to proceed with the implementation of the work plan, the applicant must notify the commissioner in writing not more than sixty (60) days after the work plan is approved that the applicant: …

Sec. 15. If an applicant who submitted an approved voluntary remediation work plan proceeds with the work plan, the department or a person under contract with the department shall do the following: (1) Oversee and review the implementation of the voluntary remediation work plan. …

Sec. 17. If the commissioner determines that an applicant has not successfully completed a voluntary remediation work plan approved under this chapter, the commissioner shall notify the applicant of this determination under IC 4-21.5. [Pre-1996 Recodification Citation: 13-7-8.9-1…

certificates of completion; immunity from actions; exceptions Sec. 18. (a) If the commissioner issues a certificate to a person under section 16 of this chapter, the governor shall also provide the person with a covenant not to sue for any liability, including future liability, o…

remediation work plan; appeal Sec. 19. (a) This chapter does not prohibit or limit the commissioner from withdrawing the commissioner's approval of a voluntary remediation work plan at any time during the implementation of the work plan if: (1) the person implementing the work pl…

Sec. 2. (a) A person who desires to participate in the voluntary remediation program under this chapter must submit an application and a fee to the department as described under subsection (c). (b) Except as provided under section 5(c) of this chapter, any information submitted t…

contribution Sec. 20. (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 voluntary remediation work plan has or may have against a third party. (b) A person who implements or completes a…

Sec. 21. (a) The voluntary remediation fund is established to provide a source of money for the department to implement this chapter. (b) The expenses of administering the fund shall be paid from the money in the fund. (c) The treasurer of state shall invest the money in the fund…

[Pre-1996 Recodification Citation: 13-7-8.9-22.] As added by P.L.1-1996, SEC.15. Repealed by P.L.1-2001, SEC.51.

Sec. 23. The board may adopt rules under IC 4-22-2 and IC 13-14-8 to implement this chapter. The rules may include interim or final remediation standards or provisions limiting the liability of lenders associated with persons involved in voluntary remediation projects under this …

Sec. 3. An environmental assessment described under section 2(c)(2)(B) of this chapter must include the following: (1) A legal description of the site. (2) The physical characteristics of the site. (3) The operational history of the site to the extent the history is known by the …

Sec. 4. Not more than thirty (30) days after receiving: (1) an application; and (2) an application fee; under section 2 of this chapter, the department shall determine if the applicant is eligible to participate in the voluntary remediation program under this chapter. [Pre-1996 R…

information; department duties Sec. 5. (a) The department may reject an application submitted under section 2 of this chapter only for one (1) or more of the following reasons: (1) A state or federal enforcement action that concerns the remediation of the hazardous substance or p…

application; refund Sec. 6. (a) If an applicant's application is rejected under section 5 of this chapter, the applicant may do the following: (1) Appeal the department's decision under IC 4-21.5. (2) If the application is rejected because the application is not complete, submit …

remediation work plan; contents Sec. 7. (a) If the department determines an application is eligible under section 4 of this chapter, the applicant may submit: (1) a proposed voluntary remediation investigation plan to the department; (2) a proposed voluntary remediation work plan…

accord within reasonable time after good faith negotiations Sec. 8. (a) Before the department evaluates a proposed voluntary remediation work plan, the applicant who submitted the work plan and the commissioner must enter into a voluntary remediation agreement that sets forth the…

to protect human health and the environment not necessary under certain circumstances; risk based remediation objectives and proposals Sec. 8.5. (a) A voluntary remediation work plan must specify the remediation objectives for the site. Subsections (b) through (e) apply to a site…

Sec. 9. (a) After the commissioner and an applicant have signed a voluntary remediation agreement described under section 8 of this chapter, the department or a person under contract with the department shall do the following: (1) Review and evaluate the site and the affected are…

Sec. 1. Upon: (1) the declaration of the commissioner organizing a district; (2) the qualification of the board; and (3) the election of a president, a treasurer, and a secretary; the district may exercise in the district's own name, as a municipal corporation, all the rights, po…

Sec. 2. A district may do the following: (1) Sue or be sued. (2) Make contracts in the exercise of the rights, powers, and duties conferred upon the district. (3) Adopt and alter a seal and use the seal by causing the seal to be impressed, affixed, reproduced, or otherwise used. …

Sec. 2.5. (a) As used in this section, "septic tank soil absorption system" has the meaning set forth in IC 13-11-2-199.5. (b) Subject to subsection (d), a property owner is exempt from the requirement to connect to a district's sewer system and to discontinue use of a septic tan…

Sec. 2.6. A district may not require the owner of a property described in section 2(8) of this chapter to connect to the district's sewer system if: (1) the property is located on at least ten (10) acres; (2) the owner can demonstrate the availability of at least two (2) areas on…

acts Sec. 3. (a) The board may by rules and resolutions provide the following: (1) The procedure for the board's actions. (2) The manner of selection of the board's president, treasurer, and secretary and other officers or employees of the district, including the titles, terms of…

Sec. 4. (a) The board may adopt and enforce rules for the following purposes: (1) To accomplish the purpose of a district. (2) To protect the works, improvements, and properties, both real and personal, that the district owns. (3) To secure the best results from the construction,…

Sec. 5. The board or an officer or employee designated by the board may contract for the following: (1) The purchase of supplies in accordance with IC 5-22. (2) Labor for a work in accordance with IC 36-1-12. [Pre-1996 Recodification Citation: 13-3-2-13.] As added by P.L.1-1996, …

Sec. 6. (a) Subject to subsections (b) and (c), the board may condemn for the use of the district public or private land, easements, rights, rights-of-way, franchises, or other property within or outside the district required by the district for the accomplishment of the district…

Sec. 6.5. A district that intends to extend service within its territory shall provide notice to all owners of property to be served by the proposed extension of service in the following manner not later than sixty (60) days from the date of the decision to extend service: (1) By…

disposition; issuance of bonds Sec. 7. (a) Exclusive of building a sewage treatment plant, solid waste disposal or recovery system, or installing a supply of water, a district that desires to own, acquire, construct, equip, improve, enlarge, extend, operate, and maintain a works …

Sec. 8. A district may make contracts or incur obligations only if the contracts or obligations are payable solely from: (1) the money provided under this article; or (2) federal, state, or other grants or contributions. [Pre-1996 Recodification Citation: 13-3-2-16(a) part.] As a…

transfers; advance claim payments; board preapproval and review required Sec. 9. (a) As used in this section, "electronic funds transfer" means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an elec…

Sec. 1. The department shall establish a small business stationary source technical assistance program as required under Section 507 of the federal Clean Air Act (42 U.S.C. 7661f). [Pre-1996 Recodification Citation: 13-10-4-3(a).] As added by P.L.1-1996, SEC.18.

Sec. 2. The program must provide the following: (1) Education, training, and information on permit and compliance requirements of the federal Clean Air Act (42 U.S.C. 7401 et seq.). (2) Standardized forms and procedures for completing permit applications. (3) An ombudsman for sma…

Sec. 3. The ombudsman described in section 2 of this chapter shall assist as necessary each small business that applies for assistance with the following: (1) Specific regulatory matters pending before the department. (2) Permit applications. [Pre-1996 Recodification Citation: 13…

as part of technical and compliance assistance program Sec. 4. The department may establish the technical and environmental compliance assistance program required by this chapter as part of the technical and compliance assistance program established under IC 13-28-3. [Pre-1996 Re…

Sec. 1. Except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who obstructs, delays, resists, prevents, or interferes with: (1) the department; and (2) the department's personnel or designated agent; in the performance of an inspection or investigation performed under I…

Sec. 1. Except to the extent otherwise required by law, a recycler is not responsible for any data that may be contained in a covered electronic device recycled by the recycler if an information storage device is included in the covered electronic device. As added by P.L.178-2009…