Title 13, TITLE 13. ENVIRONMENT
201 chapters · 1,917 sections in this title.
Ind. Code § 13-22-9-7 Rules; criteria
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Sec. 7. The board shall adopt rules under IC 4-22-2 and IC 13-14-8 to do the following: (1) Implement this chapter. (2) Establish criteria to determine the following: (A) When the closure and postclosure monitoring and maintenance requirements have been met by a person that provi…
Ind. Code § 13-22-9-8 Closure and postclosure costs; financial responsibility;
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self-insurance Sec. 8. (a) A municipal corporation that owns or operates a solid waste landfill that: (1) is used exclusively to dispose of ash; and (2) complies with construction standards established under: (A) the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 …
Ind. Code § 13-23-9-1 Repealed
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[Pre-1996 Recodification Citation: 13-7-20-36.] As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.21; P.L.14-2001, SEC.14. Repealed by P.L.96-2016, SEC.31.
Ind. Code § 13-23-9-1.3 Reductions in amount available from ELTF for eligible release
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discovered after June 30, 2016; registration fees due in 2014 or later Sec. 1.3. (a) The total amount otherwise available from the ELTF in connection with an eligible release discovered on or after July 1, 2016, shall be reduced by: (1) a deductible amount of fifteen thousand dol…
Ind. Code § 13-23-9-1.5 Costs for which ELTF claims may be paid
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Sec. 1.5. (a) The administrator may pay ELTF claims only for costs that: (1) are reasonable and cost effective; and (2) result from or reimburse the claimant for the following: (A) Work performed for site characterization. (B) Development and implementation of a corrective action…
Ind. Code § 13-23-9-1.7 Payment of ELTF claim; cap on expenses paid from ELTF
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Sec. 1.7. (a) The administrator may pay an ELTF claim for fifty percent (50%) of the costs of decommissioning or replacing an underground petroleum storage tank, provided that: (1) the applicant is the owner of the tank; (2) such decommissioning or replacement is necessary, in th…
Ind. Code § 13-23-9-2 ELTF claims must comply with rules; explanation of reasons
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for denial; auditor of state payment Sec. 2. (a) ELTF claims must be submitted in accordance with rules adopted by the financial assurance board under IC 13-23-11-7(a)(1)(B). (b) If the administrator denies an ELTF claim, the administrator shall provide the claimant with a writte…
Ind. Code § 13-23-9-2.2 Approval or denial of corrective action plan
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Sec. 2.2. (a) The commissioner shall approve or deny a corrective action plan according to section 1.5(a)(2)(B) of this chapter not more than ninety (90) days after receiving the plan. (b) If the commissioner does not approve or deny a corrective action plan within the period all…
Ind. Code § 13-23-9-3 Requirements for payment of ELTF indemnity claim; attorney
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general approval; auditor of state payment Sec. 3. (a) To receive payment of an ELTF indemnity claim, a claimant must: (1) submit to the administrator a claim, consisting of a request for indemnification of a third party, containing any information required by the administrator; …
Ind. Code § 13-23-9-4 Appeal of ELTF claim denial
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Sec. 4. If the administrator denies an ELTF claim under this chapter, the claimant may appeal the denial under IC 4-21.5 to the office of environmental adjudication under IC 4-21.5-7. [Pre-1996 Recodification Citation: 13-7-20-40.] As added by P.L.1-1996, SEC.13. Amended by P.L.2…
Ind. Code § 13-23-9-6 Material misstatement with intent to defraud
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Sec. 6. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with a request for payment from the ELTF commits a Level 6 felony. As added by P.L.137-2007, SEC.26. Amended by P.L.158-2013, SEC.193; P.L.96-2016, SEC.39.
Ind. Code § 13-26-9-1 Effect of chapter
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Sec. 1. This article does not limit the following: (1) The formation and operation under IC 8-1-2-89 of a sewage disposal company to provide sewage disposal service to a territory lying in the territory of a district. (2) The granting of a certificate of territorial authority und…
Ind. Code § 13-26-9-2 Certificates; conditions
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Sec. 2. The granting of a certificate of territorial authority to a sewage disposal company under IC 8-1-2-89 for a territory lying in the territory of a district may be conditioned upon the following requirements: (1) That the sewage disposal company connect the company's collec…
Ind. Code § 13-26-9-3 Exemption from certain ordinances and rules
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Sec. 3. A sewage disposal company that is subject to the jurisdiction of the Indiana utility regulatory commission under IC 8-1-2-89, and all of the territory lying in the area to which the company holds a certificate of territorial authority, is exempt from all ordinances and ru…
Ind. Code § 13-30-9-1 Application of chapter
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Sec. 1. This chapter applies to actions brought by the state or a person. However, this chapter does not apply to an action brought by the state if the action arises from a site: (1) that is listed on the National Priorities List for hazardous substance response sites (40 CFR 300…
Ind. Code § 13-30-9-2 Person who may bring action
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Sec. 2. A person may, regardless of whether the person caused or contributed to the release of a hazardous substance or petroleum into the surface or subsurface soil or groundwater that poses a risk to human health and the environment, bring an environmental legal action against …
Ind. Code § 13-30-9-2.5 Recovery of certain costs
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Sec. 2.5. IC 34-11-2-11.5 applies to an environmental legal action brought under section 2 of this chapter. As added by P.L.154-2011, SEC.2.
Ind. Code § 13-30-9-3 Allocation of costs of removal or remedial action
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Sec. 3. (a) In resolving an environmental legal action, a court shall allocate the costs of the removal or remedial action in proportion to the acts or omissions of each party, without regard to any theory of joint and several liability, using legal and equitable factors that the…
Ind. Code § 13-30-9-4 Payment of unrecovered costs
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Sec. 4. If the commissioner is not able to recover the total costs of a removal or remedial action from the responsible parties under this chapter, the unrecovered costs may be paid from the hazardous substances response trust fund established under IC 13-25-4-1. As added by P.L.…
Ind. Code § 13-30-9-5 Defenses
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Sec. 5. A defendant in an environmental legal action may assert defenses provided by law or equity, including a defense that damages suffered by the person who brought the environmental legal action were caused in whole or in part by a nonparty. As added by P.L.59-1997, SEC.23.
Ind. Code § 13-30-9-6 Restrictions on actions involving underground storage tanks
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Sec. 6. In an action to recover costs associated with a release from an underground storage tank, a person may bring the action under: (1) this chapter; or (2) IC 13-23-13-8. A person may not bring the action under both this chapter and IC 13-23-13-8. As added by P.L.59-1997, SEC…
Ind. Code § 13-30-9-7 Immunity from actions
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Sec. 7. Notwithstanding any provision of this chapter, a person that receives a covenant not sue under IC 13-25-5-18 is exempt from suit as provided in IC 13-25-5-18. As added by P.L.59-1997, SEC.23.
Ind. Code § 13-30-9-8 Limited construction
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Sec. 8. This chapter may not be construed to affect any litigation filed before February 28, 1998, under IC 13-23-13. As added by P.L.59-1997, SEC.23.
Ind. Code § 13-20.5-9-1 Department of administration to ensure state agency
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compliance with program Sec. 1. The Indiana department of administration shall ensure that acquisitions of video display devices by state agencies comply with or are not subject to this article. As added by P.L.178-2009, SEC.27.
Ind. Code § 13-20.5-9-2 State contractor compliance with program
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Sec. 2. State agency solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to the prospective responder's records and documents to demonstrate compliance with this article. As added by P.L.178-2009, SEC.27…
Ind. Code § 13-20.5-9-3 Sanctions on state contractor that violates program
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Sec. 3. A person awarded a contract by a state agency for purchase or lease of video display devices that is found to be in violation of this article is subject to the following sanctions: (1) The contract is void if the Indiana department of administration determines that the po…