Title 13, ENVIRONMENT

Sec. 13. (a) The board may select, from a list of three (3) qualified individuals recommended by the governor, an independent third party who is not an employee of the state to serve as legal counsel. (b) Provisions of this chapter concerning terms of appointment, vacancies, and …

Sec. 14. The board may establish advisory committees for the purpose of giving advice on any matters pertaining to the business of the board. Board members may also be members of an advisory committee. A member appointed to an advisory committee, who is not a member of the board,…

Sec. 15. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 that are consistent with the purposes of this title. As added by P.L.133-2012, SEC.72.

Sec. 2. (a) The following entities are abolished on January 1, 2013: (1) The air pollution control board (established by IC 13-17-2 before its repeal). (2) The water pollution control board (established by IC 13-18-1 before its repeal). (3) The solid waste management board (estab…

Sec. 3. The environmental rules board is established as an independent board. As added by P.L.133-2012, SEC.72.

Sec. 4. (a) The board consists of the following eighteen (18) members: (1) The following ex officio members: (A) The commissioner, or the commissioner's designee, who serves as a nonvoting member of the board. (B) The director of the department of natural resources or the directo…

Sec. 7. (a) An appointed member of the board serves a term of four (4) years. A member may not serve more than two (2) consecutive terms. (b) The term of each member of the board continues until a successor is appointed. (c) If a vacancy occurs in the appointed membership of the …

Sec. 8. (a) Ex officio members of the board serve without additional compensation. (b) Each appointed member of the board is entitled to the following: (1) The minimum salary per diem provided by IC 4-10-11-2.1(b). (2) Reimbursement for traveling expenses provided under IC 4-13-1…

Sec. 9. Eight (8) members of the board, five (5) of whom must be appointed members of the board, constitute a quorum. A quorum must be present to transact business at a meeting of the board. Meetings of the board are subject to the public meeting requirements under IC 5-14-1.5. A…

Sec. 0.3. A rule that: (1) was adopted by the solid waste management board (established by IC 13-19-2, before its repeal) before May 13, 1999; and (2) does not comply with IC 13-20-7-1 (as amended by P.L.224-1999 and before its repeal); applies only to special waste that is dispo…

Sec. 1. (a) The board may: (1) adopt; (2) repeal; (3) rescind; or (4) amend; rules and standards by proceeding in the manner prescribed in IC 4-22-2 and IC 13-14-9. (b) If the board adopts a provisional rule under IC 4-22-2-37.1 or an interim rule under IC 4-22-2-37.2 to comply w…

Sec. 10. The board may adopt rules under IC 4-22-2 to specify the following with respect to any of the board's rules: (1) Criteria to define what constitutes an undue hardship or burden, as used in section 8 of this chapter, for the purposes of that rule. (2) Procedures for makin…

Sec. 11. (a) A person affected by a decision of the commissioner under sections 8 and 9 of this chapter may, within fifteen (15) days after receipt of notice of the decision, appeal the decision to the office of administrative law proceedings. (b) The commissioner's decision to g…

Sec. 11.5. (a) The department shall prepare and publish in the Indiana Register guidance on the application process and criteria for obtaining a site-specific limitation for a National Pollutant Discharge Elimination System (NPDES) permit. Criteria to be considered must include w…

Sec. 11.6. (a) A discharger is not required to obtain a state permit for the modification or construction of a water pollution treatment or control facility if the discharger has an effective: (1) National Pollutant Discharge Elimination System (NPDES) industrial permit for direc…

Sec. 2. (a) The department may propose to the board the: (1) adoption; (2) repeal; (3) rescission; or (4) amendment; of any rule or standard. (b) The rules proposed by the department must be adopted by the board under IC 4-22-2 and IC 13-14-9 before the rules become effective. [P…

Sec. 3. A rule or standard adopted by a board may: (1) make different provisions as required by varying circumstances and conditions for different contaminant sources and for different geographical areas; (2) appropriately consider: (A) background; (B) interstate; or (C) internat…

Sec. 4. In adopting rules and establishing standards, the board may consider the following: (1) All existing physical conditions and the character of the area affected. (2) Past, present, and probable future uses of the area, including the character of the uses of surrounding are…

Sec. 5. (a) Any person may present written proposals for the adoption, amendment, or repeal of a rule by the board. A proposal presented under this section must: (1) be supported by a statement of reasons; (2) be accompanied by a petition signed by at least two hundred (200) pers…

Sec. 6. (a) Each hearing on a proposed rule must be open to the public, and a reasonable opportunity to be heard with respect to the subject of a hearing shall be afforded to any person. The board may define reasonable procedures to conduct an orderly hearing. (b) All testimony t…

Sec. 7. The board may adopt rules under IC 4-22-2 and IC 13-14-9 prescribing the following: (1) Standards or requirements for discharge or emission specifying the maximum permissible short term and long term concentrations of various contaminants of the air, water, or land. (2) P…

Sec. 8. (a) Except as provided in section 9 of this chapter, if a person who is affected by a rule adopted by a board believes that the imposition of the rule would impose an undue hardship or burden upon the person, the person may apply to the commissioner for a variance from th…

Sec. 9. (a) A variance from a water quality standard that is at least in part the basis of a National Pollutant Discharge Elimination System (NPDES) permit issued under this title must meet the conditions specified in: (1) 40 CFR 132, Appendix F, Procedure 2, in the case of water…

Sec. 1. (a) This chapter applies to an application for a permit issued under IC 13-15-1 upon property: (1) that is undeveloped; or (2) for which a valid existing permit has not been issued. (b) This chapter does not apply to an application for a permit issued under IC 13-15-1 if …

Sec. 2. Not more than ten (10) working days after submitting an application for a permit issued under IC 13-15-1 or IC 13-7-10.1-1 (before its repeal), the person that submitted the application for the permit shall make a reasonable effort to provide notice: (1) to all owners of …

Sec. 3. The notice provided by a person under section 2 of this chapter must: (1) be in writing; (2) include the date on which the application for the permit was submitted to the department; and (3) include a brief description of the subject of the application. [Pre-1996 Recodifi…

Sec. 4. A person that submits an application for a permit under IC 13-15-1 shall pay the costs of complying with this chapter. [Pre-1996 Recodification Citation: 13-7-10-1.1(d).] As added by P.L.1-1996, SEC.5.

Sec. 1. (a) The Title V operating permit program trust fund is established to provide a source of money for the implementation, enforcement, and administration of the operating permit program required to implement 42 U.S.C. 7661 through 7661f of the federal Clean Air Act, as prov…

Sec. 10. (a) This section applies to the issuance or denial of an operating permit under the operating permit program established under 42 U.S.C. 7661 through 7661f. (b) If: (1) an applicant has submitted a timely and complete application for a permit required under the operating…

Sec. 2. (a) The owner or operator of a source subject to the requirement to obtain a permit necessary to implement 42 U.S.C. 7661 through 7661f shall pay a fee determined by the board under rules adopted under IC 4-22-2. (b) The department shall do the following: (1) Collect the …

Sec. 3. In accordance with IC 13-16-1, the board shall adopt fees to be collected under the operating permit program. The annual aggregate amount of fees collected under the operating permit program from all sources subject to the operating permit program must be sufficient to co…

Sec. 4. The fee structure established under section 3 of this chapter may include any of the following: (1) The placement of persons described in section 2(a) of this chapter into categories. (2) Fee amounts based on the amount and type of emissions if: (A) maximum; and (B) minim…

Sec. 5. The fee structure established under section 3 of this chapter applies to each source subject to the requirement to obtain a permit required to implement 42 U.S.C. 7661 through 7661f. [Pre-1996 Recodification Citation: 13-1-1-26(e).] As added by P.L.1-1996, SEC.7.

Sec. 6. The following apply to the initial fee structure established under section 3 of this chapter: (1) Except as provided in subdivision (2), the initial fee structure may not include a fee for a source that exceeds one hundred fifty thousand dollars ($150,000) in each year. (…

Sec. 7. (a) Except as provided in section 8 of this chapter, this section applies to an increase or a decrease in the fees described in this chapter: (1) based on the Consumer Price Index (CPI), consistent with 42 U.S.C. 7661a; or (2) necessary to provide adequate revenue to fund…

Sec. 8. The requirement for equal and proportionate increases does not apply to adjustments to cost of service based fees that are: (1) the result of increased activities described under section 3 of this chapter; and (2) attributable to federal mandates related to particular typ…

Sec. 9. The commissioner shall provide the Administrator of the United States Environmental Protection Agency with an annual accounting of: (1) the receipt of operating permit fees; and (2) the expenditure of money in the fund under this chapter; to demonstrate that operating per…

Sec. 1. A person upon whom a final order is served under the water pollution control laws shall take the steps that are necessary to comply with the final order. [Pre-1996 Recodification Citation: 13-1-3-12(a) part.] As added by P.L.1-1996, SEC.8.

Sec. 2. (a) If the offender is a municipal corporation, the cost of: (1) acquisition, construction, repair, alteration, or extension of the necessary plants, machinery, or works; or (2) taking other steps that are necessary to comply with the order; shall be paid out of money on …

Sec. 3. If the estimated cost of the steps necessary for a municipal corporation to comply with a final order is great enough that the bond issue necessary to finance the project would not raise the total outstanding bonded indebtedness of the municipal corporation in excess of t…

Sec. 4. (a) Subject to subsection (b), if: (1) the amount of the bonds necessary to be issued would raise the total outstanding bonded indebtedness of the municipal corporation above the constitutional limitation; or (2) the municipal corporation determines against the issuance o…

Sec. 5. The money made available by the issuance of either direct obligation bonds or revenue bonds as provided by the water pollution control laws or IC 13-1-3 (before its repeal): (1) constitutes a sanitary fund; and (2) shall be used for no other purpose than for carrying out …

Sec. 6. (a) Subject to subsection (b): (1) the construction, acquisition, improvement, equipment, custody, operation, repair, and maintenance of a plant, machinery, or works by a municipal corporation in compliance with a final order of the commissioner, other than the financing;…

Sec. 7. Failure of: (1) a municipal corporation; or (2) the board of directors or other governing body of a private corporation, association, or other legal entity; to provide for the financing and construction of the works that are necessary to carry out a final order issued und…

Sec. 8. (a) The commissioner may extend the time fixed in a final order issued under the water pollution control laws or IC 13-1-3 (before its repeal) within which any offender is ordered to correct or abate a condition of pollution of any water upon written petition filed with t…

Sec. 9. A person who fails to discharge a duty imposed upon the person by the water pollution control laws commits a Class B misdemeanor. [Pre-1996 Recodification Citation: 13-1-3-14(b).] As added by P.L.1-1996, SEC.8.