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Indiana Statutes, Title 13

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Indiana/Statutes

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Title 13, ENVIRONMENT

201 chapters · 1,734 sections in this title.

All chapters in Title 131,734 Ch 2, Definitions516 Ch 3, Environmental Policy124 Ch 1, General Provisions113 Ch 4, Environmental Impact Statements108 Ch 5, State Environmental Protection Hierarchy91 Ch 8, Environmental Rules Board77 Ch 9, Rulemaking Procedures67 Ch 10, General Emergency Procedures65 Ch 11, Records of the Department and Boards64 Ch 7, Assignment of Rulemaking Authority58 Ch 6, Criminal Liability of Corporate Officers55 Ch 12, Environmental Management Special Fund55 Ch 13, Electronic Applications and Reports53 Ch 14, Interstate Sewage32

58 sections·Filtered byTitle 13✕Ch 7✕

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 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 administrative law proceedings for an administrative review under IC 4-21.5-3. Pending the decision resulting from the hearing under IC 4-21.5-3 con…

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 commissioner; 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 may adopt rules under IC 4-22-2 an…

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 work

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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 reimbursement…

Ind. Code § 13-19-7-5 Housing authority cooperation and assistance in relocating residents

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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) The IHCD…

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 circumstances

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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 of taxable pro…

Ind. Code § 13-21-7-2 Waste management district bonds; bidding requirements for facility

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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 a reques…

Ind. Code § 13-21-7-3 Resolution to construct, modify, acquire, or maintain facility; public notice

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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 investigation, …

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 unit indebtedness

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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 this chapter or IC 1…

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 fund

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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. (2) Pr…

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 § 13-23-7-2 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. [Pre-1996 Recodificati…

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 § 13-26-7-1 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-…

Ind. Code § 13-26-7-5 Service areas; loans

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Sec. 5. (a) This section does not apply to any part of a district: (1) that is not receiving services from the district; or (2) in which services of the district are not available; at the time of the occurrence of any event described in subsection (b)(1) or (b)(2). (b) The servic…

Ind. Code § 13-27-7-1 Voluntary participation in programs

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Sec. 1. Programs developed under this article are to be implemented based on voluntary participation by businesses. Except as required in rules referred to in IC 13-27-8-3(b)(5), businesses may not be required to comply with any program developed under this article. [Pre-1996 Rec…

Ind. Code § 13-27-7-2 Binding effect of program implementing documents, manuals, and policies; prohibited activities; duties

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Sec. 2. (a) Guidance documents, technical assistance manuals, and policies developed or used in implementing programs under this article are not binding on participating businesses. (b) Subject to subsection (e), the board or the department may not do the following: (1) Subject t…

Ind. Code § 13-27-7-3 Goals of programs

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Sec. 3. Programs implemented by the department: (1) must encourage pollution prevention; and (2) may not discourage the use of recycling or treatment techniques determined to be acceptable for pollution that has not been prevented. [Pre-1996 Recodification Citation: 13-9-7-3.] As…

Ind. Code § 13-30-7-1 Correction period

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Sec. 1. Except as provided in sections 3 and 4 of this chapter, if: (1) the department determines that a business has committed a minor violation: (A) of: (i) environmental management laws; (ii) a rule or standard adopted by a board; or (iii) any determination, permit, or order m…

Ind. Code § 13-30-7-2 Exceptions

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Sec. 2. The department may decrease the penalty provided in section 1 of this chapter based on: (1) a good faith effort or cooperation of a business required to correct a violation before or after disclosure of the violation; (2) the ability of a business required to correct the …

Ind. Code § 13-30-7-3 Extension of correction period

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Sec. 3. If: (1) a violation under section 1 of this chapter cannot be corrected; or (2) substantial steps to correct the violation cannot be taken; within ninety (90) days, the department may extend the correction period for one (1) additional ninety (90) day period. [Pre-1996 Re…

Ind. Code § 13-30-7-4 Applicability of chapter

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Sec. 4. Section 1 of this chapter does not apply if the department determines that an alleged violation under section 1 of this chapter: (1) is disclosed after a business receives a notice of violation from the department for an alleged violation of the same or similar requiremen…

Ind. Code § 13-30-7-5 Public access to reports

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Sec. 5. (a) Before March 2 of each year, the department shall: (1) file a report with the governor concerning any business required to correct a violation under section 1 of this chapter during the preceding year; and (2) make the report available for public inspection. (b) The r…

Ind. Code § 13-30-7-6 Election to resolve enforcement action

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Sec. 6. A business required to correct a violation that is subject to section 1 of this chapter may elect to resolve an enforcement action in the same manner as a business required to correct a violation that is not subject to section 1 of this chapter. [Pre-1996 Recodification C…

Ind. Code § 13-30-7-7 Rules

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Sec. 7. The following shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter: (1) The board. (2) The petroleum storage tank financial assurance board established by IC 13-23-11-1. [Pre-1996 Recodification Citation: 13-7-5-3.3(l) part.] As added by P.L.1-1996,…