Title 13, TITLE 13. ENVIRONMENT
201 chapters · 1,917 sections in this title.
Ind. Code § 13-14-7-1 Assignment of rulemaking authority to boards
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Sec. 1. The: (1) governor may assign to the board the adoption of rules in any area not provided for by law as of September 1, 1985; or (2) board may directly exercise that power until a specific agency for the exercise of the power is created. [Pre-1996 Recodification Citation: …
Ind. Code § 13-15-7-1 Criteria for revocation or modification of permit
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Sec. 1. Except as provided in sections 2 and 4 of this chapter, the commissioner or a designated staff member may revoke or modify a permit granted by the department under environmental management laws or IC 13-7 (before its repeal) for any of the following causes: (1) Violation …
Ind. Code § 13-15-7-2 Criteria for revision of operating permit
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Sec. 2. The commissioner shall reopen and revise a permit issued under the operating permit program of 42 U.S.C. 7661 through 7661f before the expiration of the permit when any of the following conditions exist: (1) Additional federal requirements become applicable to a source wh…
Ind. Code § 13-15-7-3 Objections and appeal
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Sec. 3. A person aggrieved by the revocation or modification of a permit may appeal the revocation or modification to the office of environmental adjudication for an administrative review under IC 4-21.5-3. Pending the decision resulting from the hearing under IC 4-21.5-3 concern…
Ind. Code § 13-15-7-4 Changes not requiring permit revision
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Sec. 4. (a) This section applies to a facility that: (1) has been issued an operating permit by the board; or (2) is operating without a permit but has made a timely and complete application for a permit under IC 13-17-8-10. (b) The board shall adopt rules under IC 4-22-2 and IC …
Ind. Code § 13-17-7-1 Limitation on liability
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Sec. 1. Except as otherwise provided in this chapter, if a person: (1) constructed, reconstructed, modified, or operated a facility or source that emits or is capable of emitting into the atmosphere a regulated pollutant in an amount for which: (A) a registration; (B) a construct…
Ind. Code § 13-17-7-2 Conditions
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Sec. 2. (a) All of the following conditions must be satisfied for a person to qualify for the exemption from liability established in section 1 of this chapter: (1) If the source is required to obtain a Title V operating permit, a complete permit application for a Title V operati…
Ind. Code § 13-17-7-3 Applicability of chapter; limitations
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Sec. 3. This chapter does not do any of the following: (1) Limit the scope of a person's liability for criminal penalties or for civil penalties under IC 13-30-4, IC 13-30-5, and IC 13-30-8. (2) Excuse or prohibit enforcement of violations of any state or federal health based or …
Ind. Code § 13-17-7-4 Prohibition on reopening of enforcement action
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Sec. 4. An enforcement action that has been resolved or settled with the commissioner or any other person may not be reopened on the basis of this chapter. [Pre-1996 Recodification Citation: 13-10-4-1(e).] As added by P.L.1-1996, SEC.7.
Ind. Code § 13-17-7-5 Basis for civil action
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Sec. 5. A private citizen, the commissioner, the governor, or the attorney general may initiate a civil action under: (1) IC 13-14-10-2; (2) IC 13-15-3-6; (3) IC 13-17-4; (4) IC 13-30-1-1 through IC 13-30-1-7; (5) IC 13-30-3-2 through IC 13-30-3-9; or (6) IC 32-30-6-7; whichever …
Ind. Code § 13-17-7-6 Civil penalty for failure to possess a permit or registration
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Sec. 6. The sole civil penalty for a failure to possess a permit or registration as described in section 1 of this chapter, regardless of the number of facilities identified in the application filed under section 2 of this chapter, is as follows: (1) For a person who submits a ti…
Ind. Code § 13-17-7-7 Applicability of chapter
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Sec. 7. The limitation on liability provided under section 1 of this chapter only applies to an administrative or a judicial enforcement action brought against a person for failure to possess a valid state construction permit, operating permit, or registration. This chapter does …
Ind. Code § 13-17-7-8 Rules
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Sec. 8. The board may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.1-1996, SEC.7.
Ind. Code § 13-18-7-1 Approval by commissioner
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Sec. 1. The commissioner must approve all plans and specifications for abatement or correction of any polluted condition. [Pre-1996 Recodification Citation: 13-1-3-10 part.] As added by P.L.1-1996, SEC.8.
Ind. Code § 13-18-7-2 Advice and consultation by department
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Sec. 2. The department shall advise and consult, on request, with any person planning any correction or prevention of any pollution condition of any water of Indiana. [Pre-1996 Recodification Citation: 13-1-3-10 part.] As added by P.L.1-1996, SEC.8.
Ind. Code § 13-19-7-1 "East Chicago area of special concern"
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Sec. 1. (a) As used in this chapter, "East Chicago area of special concern" means all areas of East Chicago in which: (1) lead has been discovered in the soil through testing at a level at least equal to the danger level identified under Section 403 of the federal Toxic Substance…
Ind. Code § 13-19-7-2 "EPA"
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Sec. 2. As used in this chapter, "EPA" refers to the United States Environmental Protection Agency. As added by P.L.88-2017, SEC.4.
Ind. Code § 13-19-7-3 "IHCDA"
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Sec. 3. As used in this chapter, "IHCDA" refers to the Indiana housing and community development authority created by IC 5-20-1-3. As added by P.L.88-2017, SEC.4.
Ind. Code § 13-19-7-4 Department cooperation and assistance in contaminated soil
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work Sec. 4. (a) The department is encouraged to cooperate with and provide assistance to the EPA in the sampling, excavation, and removal of contaminated soil and restoration work to be performed in the East Chicago area of special concern. (b) The department shall seek reimburs…
Ind. Code § 13-19-7-5 Housing authority cooperation and assistance in relocating
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residents Sec. 5. (a) The IHCDA shall, to the greatest extent possible, cooperate with and provide assistance to the United States Department of Housing and Urban Development in the relocation of residents of the East Chicago area of special concern to other residential areas. (b…
Ind. Code § 13-19-7-6 Collection of reasonable costs
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Sec. 6. The attorney general shall take all steps necessary to collect the reasonable costs described in sections 4(b) and 5(b) of this chapter. As added by P.L.88-2017, SEC.4.
Ind. Code § 13-19-7-7 Department testing of water supply of East Chicago
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Sec. 7. The department shall conduct testing of the water supply for East Chicago. Testing shall be conducted in such a way as to determine whether the water supply for East Chicago is in compliance with the requirements of 40 CFR 141, Subpart I, the national primary drinking wat…
Ind. Code § 13-21-7-1 Special taxing districts
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Sec. 1. (a) A special taxing district is established in each solid waste management district established under IC 13-21-3 or IC 13-9.5-2 (before its repeal) for the purpose of providing persons within the district with solid waste management service. (b) The special taxing distri…
Ind. Code § 13-21-7-10 Certification of tax levy; distribution of tax
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Sec. 10. (a) The tax levied each year shall be certified to the following: (1) The controller of the district. (2) The county auditor of each county within the district. (b) The: (1) county auditor shall estimate and enter the tax levied and certified upon the tax duplicate; and …
Ind. Code § 13-21-7-11 Factors to consider in determining amount of tax levy
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Sec. 11. (a) In fixing the amount of the necessary levy, the board shall consider: (1) the amount of net revenues, if any, to be derived from the collection of fees under this article; or (2) any other net revenues collected under the following: (A) IC 13-21-3-13. (B) This chapte…
Ind. Code § 13-21-7-12 Issuance of waste management district bonds under certain
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circumstances Sec. 12. (a) The district may not issue waste management district bonds under this chapter that are payable by special taxation or fees under IC 13-21-14 in a total amount, including outstanding bonds already issued, exceeding six percent (6%) of the adjusted value …
Ind. Code § 13-21-7-2 Waste management district bonds; bidding requirements for
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facility Sec. 2. The board may issue waste management district bonds under this chapter for the payment of the cost of the facility. Before authorizing the waste management district bonds, the board may: (1) accept public bids for the facility; or (2) adopt a resolution approving…
Ind. Code § 13-21-7-3 Resolution to construct, modify, acquire, or maintain facility;
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public notice Sec. 3. (a) When: (1) plans and specifications have been prepared according to the public bidding requirements of IC 36-1-12; or (2) a resolution approving a request for proposals has been adopted by the board; the board may adopt a resolution declaring that, upon i…
Ind. Code § 13-21-7-4 Hearing; remonstrance; final action
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Sec. 4. (a) At: (1) the time fixed for the hearing; or (2) any time before that; any person owning real or personal property within the district may file a written remonstrance with the board. (b) At the hearing, which may be adjourned as necessary, the board shall hear all perso…
Ind. Code § 13-21-7-5 Appeals
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Sec. 5. (a) If the board takes final action confirming the resolution in an original or modified form, a person who has filed a written remonstrance with the board as provided in section 4 of this chapter may appeal to the circuit or superior court of the county in which the pers…
Ind. Code § 13-21-7-6 Certified copy of resolution and approval to controller
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Sec. 6. On adopting a resolution ordering the issuance of waste management district bonds, the board shall certify a copy of: (1) the resolution; and (2) the approval; to the controller of the district, who shall prepare the bonds. [Pre-1996 Recodification Citation: 13-9.5-9-3(e)…
Ind. Code § 13-21-7-7 Waste management district bonds not corporate obligation or
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unit indebtedness Sec. 7. (a) The waste management district bonds: (1) are special obligations of the district; and (2) are not, in any respect, a corporate obligation or indebtedness of the units that comprise the district. (b) The waste management district bonds issued under th…
Ind. Code § 13-21-7-8 Proceeds from sale of bonds; use of funds
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Sec. 8. All proceeds from the sale of waste management district bonds shall be kept as a separate and specific fund to pay the cost of the facility, and none of the proceeds may be used for any other purpose, except as provided in IC 5-1-13 and IC 5-1-14. However, money derived f…
Ind. Code § 13-21-7-9 Special tax on real property
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Sec. 9. (a) For the purpose of raising money to pay waste management district bonds issued under this chapter or IC 13-9.5-9-3 (before its repeal), the board shall levy each year a special tax upon all the real property of the district in the amount and the manner necessary to me…
Ind. Code § 13-22-7-1 Maintenance; trade secrets; disclosure
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Sec. 1. (a) The department shall: (1) maintain records; and (2) by means of a system of record keeping, tabulate the volume, nature, and location; of hazardous wastes generated, stored, or disposed of within Indiana. (b) Because of the potential relationship between hazardous was…
Ind. Code § 13-23-7-1 Purposes of ELTF; limit on payment of certain expenses; trust
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fund Sec. 1. (a) The petroleum storage tank excess liability trust fund (or ELTF) is established for the following purposes: (1) Assisting owners and operators of underground petroleum storage tanks to establish evidence of financial responsibility as required under IC 13-23-4. (…
Ind. Code § 13-23-7-1.2 Aviation fuel account
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Sec. 1.2. (a) The aviation fuel account is established within the ELTF. The account shall be administered by the commissioner or the commissioner's designee. (b) The account consists of the following: (1) Fees on the inspection of avgas (as defined in IC 16-44-2-0.5) and jet fuel…
Ind. Code § 13-23-7-10 Repealed
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As added by P.L.19-2012, SEC.1. Amended by P.L.244-2013, SEC.1. Repealed by P.L.96-2016, SEC.21.
Ind. Code § 13-23-7-2 Sources of money for ELTF
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Sec. 2. Sources of money for the ELTF are the following: (1) Appropriations from the general assembly. (2) Gifts and donations intended for deposit in the fund. (3) Inspection fees paid under IC 16-44-2. (4) Any other money authorized to be deposited in or appropriated to the tru…
Ind. Code § 13-23-7-3 Administration of ELTF
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Sec. 3. The commissioner or the commissioner's designee shall administer the ELTF. [Pre-1996 Recodification Citation: 13-7-20-31(c).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.7; P.L.96-2016, SEC.14.
Ind. Code § 13-23-7-4 Expenses of administering UST law
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Sec. 4. The expenses of administering the provisions of this article that are funded by the ELTF, including: (1) IC 13-23-8; (2) IC 13-23-9; (3) IC 13-23-11; and (4) IC 13-23-12; shall be paid from money in the ELTF. [Pre-1996 Recodification Citation: 13-7-20-31(d).] As added by …
Ind. Code § 13-23-7-5 Investments
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Sec. 5. The treasurer of state shall invest the money in the ELTF not currently needed to meet the obligations of the ELTF in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the ELTF. At least one (1) time …
Ind. Code § 13-23-7-6 Reversion to general fund
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Sec. 6. Money in the ELTF at the end of a state fiscal year does not revert to the state general fund. [Pre-1996 Recodification Citation: 13-7-20-31(f).] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.10; P.L.96-2016, SEC.17.
Ind. Code § 13-23-7-7 Audit of ELTF; independent actuarial study
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Sec. 7. (a) The state board of accounts shall audit the ELTF. (b) Once every five (5) years, the department shall arrange for an independent actuarial study examining the future obligations and fiscal sustainability of the ELTF. As added by P.L.9-1996, SEC.25. Amended by P.L.181-…
Ind. Code § 13-23-7-8 Repealed
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As added by P.L.9-1996, SEC.26. Repealed by P.L.96-2016, SEC.19.
Ind. Code § 13-23-7-9 Repealed
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As added by P.L.137-2007, SEC.25. Amended by P.L.158-2013, SEC.192. Repealed by P.L.96-2016, SEC.20.
Ind. Code § 13-26-7-1 Records
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Sec. 1. Each district must keep proper records showing the district's finances. [Pre-1996 Recodification Citation: 13-3-2-5(h) part.] As added by P.L.1-1996, SEC.16.
Ind. Code § 13-26-7-2 Advancement of money
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Sec. 2. A local, state, or federal agency or person may advance or give a district money to be used by the district for the following purposes: (1) The preparation of a plan for the operation of the district. (2) Other purposes of the district until the district is in receipt of …
Ind. Code § 13-26-7-3 Repayment of money
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Sec. 3. When a district receives revenue for its operations or proceeds from the sale of bonds, the district shall repay any money advanced to the advancing agency in the manner agreed. [Pre-1996 Recodification Citation: 13-3-2-5(h) part.] As added by P.L.1-1996, SEC.16.
Ind. Code § 13-26-7-4 Dissolution of district; interest in assets; limitations
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Sec. 4. If the commissioner orders a district dissolved as permitted in IC 13-26-6-4, the interest an entity has in the assets of the district is limited to those assets remaining after the payment of all other liabilities of the district. [Pre-1996 Recodification Citation: 13-3-…