Title 13, TITLE 13. ENVIRONMENT

Sec. 1. The general assembly recognizes that there are two (2) approaches to environmental protection: (1) clean manufacturing; or (2) waste management, which is also known as pollution control. [Pre-1996 Recodification Citation: 13-1-10.1-1.] As added by P.L.1-1996, SEC.2. Amend…

Sec. 2. Clean manufacturing consists of economically feasible practices that reduce, avoid, or eliminate the unnecessary use of harmful industrial materials and the generation of industrial wastes, pollutants, emissions, and discharges at the point of production. Clean manufactur…

Sec. 3. Waste management or pollution control consists of environmental protection practices employed after industrial wastes, pollutants, discharges, and emissions have been generated. Waste management or pollution control practices include the following: (1) Waste storage and w…

Sec. 4. The general assembly recognizes the following: (1) That clean manufacturing is: (A) the most reliable and effective form of environmental protection; and (B) the preferred approach to environmental protection. (2) That wastes, pollutants, emissions, or discharges that hav…

Sec. 1. Except as provided in IC 14-37, the department is designated as the following: (1) The water pollution agency for Indiana for all purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in effect January 1, 1988, and the federal Safe Drinking Water Ac…

Indiana Sec. 2. The department may take any action necessary to secure for Indiana the benefits of the statutes described in section 1 of this chapter. [Pre-1996 Recodification Citations: 13-1-4-2 part; 13-7-2-15(b).] As added by P.L.1-1996, SEC.3.

Sec. 1. This chapter applies to inspections conducted under IC 13-14-2-2 after July 1, 1993. [Pre-1996 Recodification Citation: 13-7-5-3.3(a).] As added by P.L.1-1996, SEC.4.

Sec. 2. Except as provided in section 3 of this chapter, the designated agent of the department conducting the inspection must provide the property owner with the following: (1) Before completing an inspection of property under IC 13-14-2-2, an oral report of the inspection that …

Sec. 3. If the designated agent of the department completes the inspection at a time when the property owner is not available to receive an oral report under section 2 of this chapter, the designated agent shall send a written summary of the inspection in accordance with IC 13-14…

Sec. 4. A designated agent of the department is not required to include in an oral report or in a written summary: (1) a matter that is not evident to the designated agent at the time of the designated agent's inspection; or (2) any fact that indicates or evidences an intentional…

Sec. 5. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter and IC 13-30-7. [Pre-1996 Recodification Citation: 13-7-5-3.3(l) part.] As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.83.

Sec. 6. (a) The property owner may provide information in response to any of the following: (1) An oral report provided under section 2 of this chapter. (2) A written summary provided under section 2 or 3 of this chapter. (3) Questions raised during the inspection visit. (b) The …

Sec. 1. (a) In response to an application for an original permit or a renewal permit, the commissioner: (1) shall, if required by IC 13-15-3-3 or other law; or (2) may, if not required by law; publish a notice requesting comments concerning the question of issuance or denial of t…

Sec. 2. The commissioner may not issue a permit under the operating permit program under 42 U.S.C. 7661 through 7661f if the United States Environmental Protection Agency makes a written objection within the time allowed under applicable federal law. [Pre-1996 Recodification Cita…

Sec. 3. (a) Except as provided in section 2 of this chapter: (1) after the comment period; or (2) if a public hearing is held, after the public hearing; the commissioner shall issue the permit or deny the permit application. (b) Unless the commissioner states otherwise in writing…

Sec. 1. The board may adopt rules for the control of emissions from vehicles. However, the board must, before adopting the rules, forward to each member of the general assembly a copy of the proposed rules. The rules may prescribe requirements for the following: (1) The installat…

Sec. 2. Any rules proposed for adoption under section 1 of this chapter must be consistent with provisions of federal law relating to control of emissions from vehicles. The board may not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, t…

Sec. 3. Except as permitted or authorized by law, a person may not: (1) fail to maintain in good working order; or (2) remove, dismantle, or otherwise cause to be inoperative; any air pollution control system or mechanism that is used to control air pollution of a vehicle and tha…

Sec. 4. The commissioner of the bureau of motor vehicles shall suspend the registration of any vehicle that is not in compliance with section 3 of this chapter and may not reinstate the registration until: (1) the emission control equipment of the vehicle has been restored, repla…

[Pre-1996 Recodification Citation: 13-1-1-11 part.] As added by P.L.1-1996, SEC.7. Repealed by P.L.229-1999, SEC.5.

powers; contracts to conduct tests Sec. 5.1. (a) A rule adopted by the board under air pollution control laws that requires: (1) certain motor vehicles registered in certain counties to undergo a periodic test of emission characteristics; and (2) vehicles failing the emissions te…

contracts Sec. 5.2. The following are legalized: (1) A rule adopted by the air pollution control board and described in IC 13-17-5-5(a) before its repeal. (2) An inspection or certification conducted under IC 13-17-5-5(b) before its repeal. (3) Contracts entered into and inspecti…

Sec. 5.4. (a) This section applies to the following counties: (1) A county having a population of more than eighty thousand four hundred (80,400) and less than eighty-two thousand (82,000). (2) A county having a population of more than one hundred twenty thousand (120,000) and le…

recently manufactured vehicles Sec. 6. (a) A rule adopted by the board under air pollution control laws that: (1) requires periodic motor vehicle emissions tests; and (2) makes new vehicles exempt from the emissions tests for a time; may not require that new vehicles be presented…

As added by P.L.282-2003, SEC.36. Repealed by P.L.1-2007, SEC.248.

Sec. 7. (a) The department shall annually advise the budget committee on whether: (1) money appropriated by the general assembly; and (2) money available through federal grants; is adequate to implement a motor vehicle emissions testing program described in section 5.1 of this ch…

violations; notification of compliance Sec. 8. (a) Whenever: (1) an officer or employee of the department; or (2) a person the department has contracted with under section 5 (before its repeal) or 5.1 of this chapter or IC 13-1-1-11 (before its repeal); learns of a violation of s…

approval of programs by budget agency Sec. 9. (a) After December 31, 2006, the board may not adopt a rule under air pollution control laws that requires motor vehicles to undergo a periodic test of emission characteristics in the following counties: (1) A county having a populati…

or transfer facilities; release contingency plans Sec. 1. The board shall adopt rules under IC 4-22-2 to require the following: (1) The construction or installation of secondary containment structures at facilities in which hazardous materials are stored or transferred for the pu…

Sec. 2. The rules adopted under section 1 of this chapter must provide exemptions for the following: (1) A facility that is subject to similar requirements under other administrative rules or under state law, federal law, or federal regulations. (2) Hazardous materials that are s…

Sec. 1. This chapter does not apply to the disposal of solid waste by a person that: (1) generated the solid waste; and (2) disposes of the solid waste at a site that is: (A) owned by the person; and (B) limited, for purposes of the disposal of solid waste, to use by the person f…

disposal facility Sec. 2. Upon transporting solid waste in a vehicle to a final disposal facility in Indiana for disposal, the operator of the vehicle shall identify to the owner or operator of the facility the origin of the solid waste by: (1) county and state, if the solid wast…

Sec. 3. If the operator of a vehicle does not identify to the owner or operator of a final disposal facility the origin of the solid waste as required by section 2 of this chapter, the owner or operator may not permit the disposal in the final disposal facility of the solid waste…

[Pre-1996 Recodification Citation: 13-7-22-2.7(e).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

Sec. 5. For purposes of the collection of fees under IC 13-20-22, the county and state identified to the owner or operator of the facility under section 2(1) of this chapter with respect to a quantity of solid waste transported in a vehicle is considered the county and state in w…

[Pre-1996 Recodification Citation: 13-7-22-2.7(g).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14. IC 13-20-5-7 Repealed [Pre-1996 Recodification Citation: 13-7-22-2.7(h).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

and criteria Sec. 1. Each district shall adopt and submit to the commissioner for approval a district solid waste management plan that meets: (1) the requirements of this chapter; and (2) the criteria and other elements set forth in the state plan. [Pre-1996 Recodification Citati…

Sec. 10. The department shall provide information to assist counties to do the following: (1) Establish districts. (2) Develop district plans under this chapter. [Pre-1996 Recodification Citation: 13-9.5-4-4.] As added by P.L.1-1996, SEC.11.

Sec. 11. A district plan must include the following: (1) The results of a demographic study of the district predicting the population of the district: (A) five (5) years; (B) ten (10) years; and (C) twenty (20) years; after the year the district plan is adopted. (2) A: (A) descri…

Sec. 12. (a) A district plan must establish a solid waste management policy for the district that reflects the needs of the district and provides an integrated approach to solid waste management that includes the following: (1) Source reduction. (2) Alternatives to complete or pa…

Sec. 13. A district plan must do the following: (1) Set forth goals and objectives for the district. (2) Identify alternative means of achieving these goals and objectives based upon the problems and needs of the district. (3) Set forth a description of the following: (A) The ope…

Sec. 14. (a) A district plan must also include provisions for the management and disposal of the following materials for the term of the plan: (1) Waste tires. (2) Household hazardous waste. (3) Used oil. (4) White goods. (5) Other classifications of waste provided for in the sta…

another state Sec. 15. A district plan may, to the extent the provisions are constitutionally permissible, include provisions to restrict or prohibit the disposal within the district of solid waste originating from another state if the district reasonably considers the provisions…

Sec. 16. (a) A district plan must consider, in all circumstances, contracts with private persons. (b) A district plan or amended plan must, where reasonably necessary to effectuate the efficient use of existing permitted final disposal facilities, take account of permitted final …

plan by commissioner Sec. 17. If: (1) a district fails to submit a district plan to the commissioner under section 1 of this chapter; or (2) the commissioner disapproves a revised district plan submitted by the district under section 9 of this chapter; the commissioner may adopt …

Sec. 18. (a) A district may amend the district's solid waste management plan at any time using the procedures set forth in sections 1 through 7 of this chapter. (b) A district shall amend its district plan using the procedures set forth in sections 1 through 7 of this chapter if …

Sec. 19. (a) Before a district submits a district plan to the department under this chapter, a district may merge with one (1) or more other districts after the adoption of identical resolutions by the board of each district to be merged. (b) Upon adoption of identical resolution…

Sec. 2. (a) A district must conduct at least one (1) regularly scheduled public meeting each month before the creation, amendment, or alteration of the district solid waste management plan. The board shall give notice of each public meeting in accordance with IC 5-14-1.5. In addi…

limitations; notice of noncompliance Sec. 20. (a) After a district submits a district plan to the department under this chapter, a district may merge with one (1) or more other districts after the adoption of identical resolutions by the board of each district to be merged. (b) U…

requirements; notice of noncompliance Sec. 21. (a) If a county seeks to withdraw from a joint district or a joint district seeks to remove a county from the joint district under IC 13-21-4 and the county: (1) designates itself as a county district; (2) joins into an existing join…