Title 13, TITLE 13. ENVIRONMENT

offenses Sec. 1. A responsible corporate officer who knowingly, intentionally, or recklessly aids, induces, or causes another person to commit an offense under this title commits that offense, even if the other person: (1) has not been prosecuted for the offense; (2) has not been…

Sec. 1. Except as provided in IC 13-23-1-4, this chapter applies to a department enforcement action, regardless of the application of IC 4-21.5 to the enforcement action. [Pre-1996 Recodification Citation: 13-7-5.5-1.] As added by P.L.1-1996, SEC.4. Amended by P.L.38-2012, SEC.1.…

Sec. 2. A department enforcement action must commence by issuing a notice of violation under IC 13-30-3-3 not more than three (3) years after the date the department discovers: (1) the event; or (2) the last of a series of events; that serves as the basis of the department's auth…

Sec. 3. A department enforcement action commenced after the time set forth in section 2 of this chapter is void. [Pre-1996 Recodification Citation: 13-7-5.5-4.] As added by P.L.1-1996, SEC.4.

Sec. 1. (a) Not later than fifteen (15) days after being served the notice provided by the commissioner under IC 13-15-5-3: (1) the permit applicant; or (2) any other person aggrieved by the commissioner's action; may appeal the commissioner's action to the office of environmenta…

Sec. 2. A written request for an adjudicatory hearing under section 1 of this chapter must do the following: (1) State the name and address of the person making the request. (2) Identify the interest of the person making the request. (3) Identify any persons represented by the pe…

Sec. 3. (a) Not later than thirty (30) days after being served a request for an adjudicatory hearing, an environmental law judge under IC 4-21.5-7 shall, if the environmental law judge determines that: (1) the request was properly submitted; and (2) the request establishes a juri…

Sec. 4. (a) This section applies to an application for a permit or for the renewal of a permit under the operating permit program under 42 U.S.C. 7661 through 7661f. (b) Failure of the commissioner to act on an application in accordance with the times provided in Section 503 of t…

Sec. 5. (a) This section applies to an application for a permit or for the renewal of a permit under the operating permit program under 42 U.S.C. 7661 through 7661f. (b) Notwithstanding IC 4-21.5-5-5, a person may file a petition for judicial review of final agency action on an a…

permit Sec. 6. The board may adopt rules under IC 4-22-2 to provide that the opportunity for judicial review allowed under section 4 or 5 of this chapter applies to the revision or modification of a permit or license under the operating permit program under 42 U.S.C. 7661 through…

Sec. 7. (a) In computing a period of time under this chapter, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is a: (1) Saturday; (2) Sunday; (3) legal ho…

persons engaged in inspection, management, or abatement; licensing of contractors Sec. 1. (a) This section does not apply to a person making an inspection under the authority of IC 22-8-1.1. (b) The board shall adopt rules under IC 4-22-2 requiring the commissioner to establish a…

procedures; notice; review Sec. 10. (a) If the commissioner finds that an asbestos project is not being performed in accordance with air pollution control laws or rules adopted under air pollution control laws, the commissioner may enjoin further work on the asbestos project with…

accreditation; grounds Sec. 11. (a) The commissioner may under IC 4-21.5 reprimand an asbestos contractor or asbestos worker or suspend or revoke the license of an asbestos contractor or the accreditation of an asbestos worker for the following reasons: (1) Fraudulently or decept…

project; exceptions Sec. 12. (a) Except as provided in subsections (c) and (d), a person that enters into a contract providing for the person to execute, for compensation, an asbestos project must hold an asbestos contractor's license. (b) Except as provided in subsections (c) an…

Sec. 2. (a) This section does not apply to a person making an inspection under the authority of IC 22-8-1.1. (b) The board shall adopt a rule under IC 4-22-2 to do the following: (1) Establish a fee not to exceed one hundred fifty dollars ($150) per person per certification for p…

Sec. 3. (a) The asbestos trust fund is established to provide a source of money for the purposes set forth in section 4 of 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 f…

Sec. 4. The commissioner may use money in the fund to do the following: (1) Pay the expenses of administration of the accreditation program established under section 1 of this chapter. (2) Cover other costs related to implementation of the federal Asbestos Hazard Emergency Respon…

of accreditation under certain circumstances Sec. 5. An asbestos contractor licensed under this chapter may not allow an agent or employee of the contractor to: (1) exercise control over an asbestos project; or (2) come into contact with asbestos; unless the agent or employee is …

inspection Sec. 6. (a) An asbestos contractor licensed under this chapter shall compile records concerning each asbestos project the asbestos contractor performs. The records must include the following information on each asbestos project: (1) The name, address, and proof of accr…

Sec. 7. At least one (1) time each year, the department shall investigate the procedures employed by each licensed asbestos contractor with regard to the: (1) abatement; (2) removal; (3) renovation; (4) enclosure; (5) repair; and (6) encapsulation; of asbestos containing material…

Sec. 8. A political subdivision or a state agency may not accept a bid for an asbestos project from a person that does not hold an asbestos contractor license. [Pre-1996 Recodification Citation: 13-1-1-20.] As added by P.L.1-1996, SEC.7.

Sec. 9. The commissioner may do the following: (1) Inspect the site of an asbestos project: (A) during the project; or (B) after the project is completed. (2) Conduct an investigation of an asbestos project upon: (A) the commissioner's own initiation; or (B) the receipt of a comp…

Sec. 1. (a) Subject to subsection (b) and except as provided under existing defenses and exemptions to liability contained in the environmental management laws, a person who: (1) owns or otherwise legally possesses real property that is not more than one (1) acre in size; and (2)…

Sec. 1. This chapter does not apply to a person who: (1) generates municipal waste on a site owned or operated by the person; and (2) disposes of the municipal waste at a site that: (A) is owned or operated by the person; and (B) for the purpose of municipal waste disposal, may o…

[Pre-1996 Recodification Citation: 13-7-10.5-11.] As added by P.L.1-1996, SEC.10. Repealed by P.L.154-2005, SEC.17.

[Pre-1996 Recodification Citation: 13-7-10.5-12.] As added by P.L.1-1996, SEC.10. Repealed by P.L.154-2005, SEC.17.

or operator that failed inspection; notice; contents; reinstatement Sec. 4. (a) The commissioner may, by order, do the following: (1) Suspend the waste transfer activities of an operator who is not a resident of Indiana if the operator is not properly licensed, certified, or perm…

[Pre-1996 Recodification Citation: 13-7-10.5-14.] As added by P.L.1-1996, SEC.10. Repealed by P.L.154-2005, SEC.17.

[Pre-1996 Recodification Citation: 13-7-10.5-15.] As added by P.L.1-1996, SEC.10. Repealed by P.L.154-2005, SEC.17.

Sec. 7. (a) The department shall establish a uniform transfer station inspection program to protect the health of the residents of Indiana and the environment of Indiana: (1) for transfer stations located: (A) inside Indiana; and (B) outside Indiana; that receive municipal waste …

acceptance of waste by disposal facility; conditions Sec. 8. (a) An operator who is not a resident of Indiana or a transfer station may not engage in waste transfer activities while the operator or transfer station is suspended from engaging in waste transfer activities under sec…

Sec. 9. The board shall adopt rules under IC 4-22-2 to implement this chapter. [Pre-1996 Recodification Citation: 13-7-10.5-18.] As added by P.L.1-1996, SEC.10. Amended by P.L.113-2014, SEC.74.

supplements; maximum term Sec. 1. (a) Notwithstanding any other statute concerning the length, duration, and terms of contracts and agreements, a board may enter into a contract or an agreement with a person, upon terms and conditions as agreed upon, for the: (1) design; (2) cons…

bringing action Sec. 10. An action to contest: (1) the validity of a contract awarded; or (2) the procedure by which the contract was awarded; must be brought within thirty (30) days following the final contract award. After that date, the contract is incontestable for any cause.…

Sec. 2. Notwithstanding any other statute, a contract entered into between a board and any person under this chapter may be awarded by the board by: (1) public bidding in compliance with IC 36-1-12; or (2) compliance with sections 3 through 8 of this chapter. [Pre-1996 Recodifica…

Sec. 3. (a) A board may, by resolution, require that a person that desires to submit a proposal in response to a request for proposals must prequalify as a proposer by submitting information, in response to a request for qualifications, relating to the following: (1) The experien…

Sec. 4. (a) Before the issuance of a request for proposals under this chapter, the board must do the following: (1) Adopt a proposed request for proposals by resolution. (2) Publish a public notice that may contain a request for qualifications if a prequalification process has be…

Sec. 5. (a) The board may do the following: (1) Prescribe the form and content of proposals. (2) In the request for proposals, set the maximum allowable cost limits that the board determines to be appropriate. (b) The proposer must submit sufficiently detailed information to perm…

Sec. 6. Proposals may not be received before thirty (30) days following notification to the proposers of their selection. [Pre-1996 Recodification Citation: 13-9.5-8-3(4).] As added by P.L.1-1996, SEC.11.

Sec. 7. The board: (1) shall evaluate proposals received under this chapter with regard to net cost or net revenues; and (2) in the manner consistent with provisions set forth in the requests for proposals, may evaluate proposals on the basis of additional factors such as the fol…

form Sec. 8. (a) The board may: (1) negotiate with the proposers; and (2) make a preliminary contract award to any responsible proposer. (b) The board shall give public notice of a public hearing, which must designate the time and place of a public hearing at which the board will…

Sec. 9. Requests for proposals must include the following: (1) A clear identification and specification of all elements of cost that will become charges to the district, in whatever form, in return for the fulfillment by the proposer of all tasks and responsibilities established …

Sec. 1. (a) An owner or operator of a hazardous waste disposal facility must submit each month, to the county board of health of the county in which the facility is located, a report that lists the hazardous wastes disposed of in that facility during the previous month. (b) The d…

Sec. 1. The petroleum storage tank trust fund is established to provide a source of money for the uses set forth in IC 13-23-13-6. [Pre-1996 Recodification Citation: 13-7-20-30(a).] As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.37.

Sec. 2. The sources of money for the fund are as follows: (1) Grants made by the United States Environmental Protection Agency to the state under cooperative agreements under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)). (2) Costs recovered b…

Sec. 3. The expenses of administering the fund shall be paid from money in the fund. [Pre-1996 Recodification Citation: 13-7-20-30(b).] As added by P.L.1-1996, SEC.13.

Sec. 4. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund. [Pre-1996 Recodificati…

Sec. 5. Money in the fund at the end of a state fiscal year does not revert to the state general fund. [Pre-1996 Recodification Citation: 13-7-20-30(d).] As added by P.L.1-1996, SEC.13.

Sec. 1. This chapter does not apply to an occurrence involving the release or imminent release of less than twenty-five (25) pounds of active ingredient of a substance or a combination of substances that meets all of the following conditions: (1) Was commercially produced and sol…