Title 13, TITLE 13. ENVIRONMENT

Sec. 0.1. The amendments made to sections 3 and 4 of this chapter by P.L.100-2006 apply only to proposed rules for which the department of environmental management provides notice under section 3 of this chapter, as amended by P.L.100-2006, after June 30, 2006. As added by P.L.22…

1, 2023 Sec. 0.2. This chapter (as effective January 1, 2023) continues to apply after June 30, 2023, to a rulemaking action that is commenced under this chapter before July 1, 2023. As added by P.L.249-2023, SEC.49.

Sec. 1. (a) Except as provided in section 14 of this chapter, this chapter applies to the following: (1) The board. (2) The petroleum storage tank financial assurance board established by IC 13-23-11-1. (b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a board may …

[Pre-1996 Recodification Citation: 13-7-7.1-10.] As added by P.L.1-1996, SEC.4. Repealed by P.L.249-2023, SEC.61.

Sec. 11. If the board recommends amendments to a proposed rule under section 9(2) of this chapter, the full text of the proposed rule and accompanying amendments shall be published in accordance with section 5(a)(2) of this chapter. After that publication, the board shall hold an…

Sec. 12. The board may reject a proposed rule under section 9 of this chapter if one (1) of the following conditions exists: (1) The board determines that necessary amendments to the proposed rule will affect persons that reasonably require an opportunity to comment under section…

Sec. 13. If a board rejects a proposed rule under section 12 of this chapter, the proposed rule is subject to section 4 of this chapter whether or not the proposed rule has previously been the subject of the comment period required by section 4 of this chapter. [Pre-1996 Recodifi…

combined sewer community; notice of rulemaking; hearing; EPA approval Sec. 14. (a) Except as provided in subsection (g), sections 1 through 13 of this chapter do not apply to a rule adopted under this section. (b) The board may use the procedures in this section to adopt a rule t…

Sec. 15. Rules adopted in accordance with this chapter by the department of environmental management or a board that has rulemaking authority under this title expire as provided in IC 4-22-2.6. As added by P.L.249-2023, SEC.65.

to adopt a rule Sec. 16. (a) For a rule document subject to this chapter, the one (1) year period established under IC 4-22-2-25 in which to adopt a rule and obtain the approval or deemed approval of the governor commences on the date that the initial public comment period notice…

[Pre-1996 Recodification Citation: 13-7-7.1-2.] As added by P.L.1-1996, SEC.4. Amended by P.L.130-1997, SEC.1; P.L.159-2011, SEC.14. Repealed by P.L.249-2023, SEC.51.

Sec. 3. Before publication of the notice described in IC 4-22-2-23, the department may provide notice in the Indiana Register of a public comment period regarding potential rulemaking. A notice provided under this section must do the following: (1) Identify the authority under wh…

requirements Sec. 4. (a) In addition to the requirements of IC 4-22-2-23 and (if applicable) IC 4-22-2-24, the notice of public comment submitted by the department to the publisher must do the following: (1) Contain a summary of the response of the department to written comments …

Sec. 4.2. Not less than fourteen (14) days before the date of preliminary adoption of a proposed rule by a board, the department shall make available to the board the latest version of the regulatory analysis prepared for the proposed rule. As added by P.L.240-2003, SEC.6. Amende…

Sec. 4.5. (a) Except for a rule that has been preliminarily adopted by a board in a form that is: (1) identical to; or (2) not substantively different from; the proposed rule published in a notice under IC 4-22-2-23 or (if applicable) IC 4-22-2-24, a board may not adopt a rule un…

Sec. 5. (a) A board may not adopt a rule until all of the following occur: (1) The board holds a board meeting on the proposed rule. (2) The department, after approval of the proposed rule by the board under subsection (c), publishes the information in the Indiana Register requir…

Sec. 6. The department shall include the following in the written materials to be considered at the board meetings held under section 5(a)(1) and 5(a)(3) of this chapter: (1) The full text of the proposed rule, as most recently prepared by the department. (2) The written response…

Sec. 8. If the commissioner determines that a federal law, regulation, or rule: (1) is the basis of a rule that is adopted by the board; and (2) is stayed by an administrative or a judicial order pending an administrative or a judicial action regarding the validity of the federal…

Sec. 9. After complying with sections 4 through 6 of this chapter, the board may, at the board meeting held under section 5(a)(3) of this chapter: (1) adopt a rule that is identical to the proposed rule published under section 5(a)(2) of this chapter or with amendments that meet …

Sec. 1. A person may not: (1) construct or operate a nuclear powered generating facility or nuclear fuel reprocessing plant; or (2) increase the capacity of such an existing facility; without a permit from the department. [Pre-1996 Recodification Citation: 13-7-9-1(a).] As added …

Sec. 2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 establishing: (1) conditions for the issuance of a permit under this chapter; and (2) requirements for the operation of nuclear facilities. (b) Rules adopted by the board may relate to: (1) air pollution from nu…

Sec. 3. A person proposing to construct: (1) a nuclear powered generating facility; or (2) a nuclear fuel reprocessing plant; shall file with the board an environmental feasibility report, on a form prescribed by the board, concurrently with the filing of the preliminary safety a…

Sec. 4. (a) The commissioner, on behalf of the board, may conduct a public hearing at a time and place to be determined by the department on the environmental effects of the proposed operation. (b) A person affected by the proposed construction may participate in the hearing to t…

Sec. 5. (a) The board shall adopt rules and standards under section 2 of this chapter to protect the citizens of Indiana from the hazards of radiation. (b) Each permit required under this chapter according to rules adopted by the board must specify the maximum allowable level of …

required Sec. 1. (a) Subject to section 3 of this chapter, a person may open burn the following for maintenance purposes: (1) Vegetation from: (A) a farm; (B) an orchard; (C) a nursery; (D) a tree farm; (E) a cemetery; or (F) a drainage ditch. (2) Vegetation from agricultural lan…

Sec. 2. Subject to section 3 of this chapter, a person may open burn clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the railroad rights-of-way. A person may not open burn railroad ties. [Pre-1996 Recodification Citation: 13-1-1.2-2…

Sec. 3. All open burning that is allowed under this chapter must comply with the following conditions: (1) A person who open burns any material shall extinguish the fire if the fire creates a nuisance or fire hazard. (2) Burning may not be conducted during unfavorable meteorologi…

Sec. 1. This chapter does not apply to any of the following: (1) Detergents for cleaning in place food processing and dairy equipment. (2) Phosphoric acid products, including sanitizers, brighteners, acid cleaners, and metal conditioners. (3) Detergents for use in commercial mach…

Sec. 2. A person may not use, sell, or otherwise dispose of any hard or nondegradable detergent containing alkyl benzine sulfonate (ABS) in any manner or any location in Indiana or into the boundary waters of Indiana from a source within Indiana. [Pre-1996 Recodification Citation…

Sec. 3. (a) A person may not use, sell, or otherwise dispose of any detergent containing phosphorus, except: (1) for those amounts not exceeding one-half percent (0.5%) by weight incidental to manufacturing; and (2) in accordance with rules adopted under IC 4-22-2 by the board; i…

Sec. 4. (a) The department shall enforce this chapter under IC 13-30-3 or IC 13-14-2-6. (b) The board shall adopt rules under IC 4-22-2 for the disposition of any detergent carried over on September 1, 1974. However, the commissioner may approve the use of phosphates by a manufac…

Sec. 5. The attorney general shall, upon the request of the department, institute injunction proceedings to enjoin acts constituting a violation of this chapter. [Pre-1996 Recodification Citation: 13-1-5.5-6.] As added by P.L.1-1996, SEC.8.

Sec. 6. A person who violates this chapter is subject to the penalties imposed by the following: (1) IC 13-30-4. (2) IC 13-30-5. (3) IC 13-30-8. In addition, a person who violates this chapter may be subject to criminal prosecution under IC 13-30-10. [Pre-1996 Recodification Cita…

Sec. 1. This chapter does not apply to the following: (1) The use of vegetative matter resulting from landscaping maintenance and land clearing projects that, after composting, is used as cover material for a solid waste landfill. (2) The deposit into a solid waste landfill of: (…

Sec. 2. Except as provided in section 4 of this chapter, a person may not knowingly deposit vegetative matter resulting from landscaping maintenance and land clearing projects in a solid waste landfill. [Pre-1996 Recodification Citation: 13-7-29-3.] As added by P.L.1-1996, SEC.10…

Sec. 3. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. [Pre-1996 Recodification Citation: 13-7-29-4.] As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.141.

Sec. 4. If an emergency exists, the county executive of a county may, by resolution or order: (1) waive the prohibition under section 2 of this chapter; and (2) allow vegetative matter resulting from landscaping maintenance and land clearing projects to be deposited in the solid …

Sec. 1. A board may periodically enter into negotiations with one (1) or more persons concerning the terms and conditions of financing facilities. Preliminary expenses in connection with negotiations may be paid from any of the following: (1) Money furnished by the proposed user …

Sec. 2. (a) The board shall hold a public hearing on the proposed financing of the facilities after giving public notice. (b) Upon findings by the board that: (1) the proposed financing will benefit the health or welfare of the district; and (2) the proposed financing complies wi…

Sec. 3. (a) The resolution adopted under section 2 of this chapter may also authorize the issuance of waste management development bonds payable solely from: (1) revenues and receipts derived from a financing agreement; or (2) payments made under a guaranty agreement by a develop…

facility by district Sec. 4. (a) A financing agreement must provide for payments in an amount not less than an amount sufficient to pay: (1) the principal of; (2) the premium, if any, of; and (3) interest on; the waste management development bonds authorized for the financing of …

Sec. 5. The district may advance all expenses, premiums, and commissions that the district considers necessary or advantageous in connection with the issuance of bonds issued under this chapter. [Pre-1996 Recodification Citation: 13-9.5-9-5(g).] As added by P.L.1-1996, SEC.11.…

Sec. 6. (a) The district is exempt from all property taxes on facilities. (b) Developers and users are liable for property taxes on facilities as provided by law. (c) This chapter does not deny a tax exemption that a developer or user may have under other laws because of the natu…

Sec. 7. The user or developer is responsible for obtaining and maintaining all approvals and permits required for the construction of the facilities under this chapter. [Pre-1996 Recodification Citation: 13-9.5-9-5(i).] As added by P.L.1-1996, SEC.11.

Sec. 1. Except as provided in section 8 of this chapter, a person that applies for a permit to operate a: (1) hazardous waste landfill; (2) solid waste landfill; or (3) transfer station; must establish financial responsibility for the costs of closure and postclosure monitoring a…

Sec. 2. The financial responsibility established under section 1 of this chapter must cover the costs of: (1) properly closing, in an environmentally sound manner; and (2) during postclosure, monitoring and maintaining; the hazardous waste landfill, solid waste landfill, or trans…

Sec. 3. Financial responsibility may be established under section 1 of this chapter by filing one (1) or a combination of the following with the commissioner: (1) Trust fund agreement. (2) Surety bond with a standby trust fund agreement. (3) Letter of credit with a standby trust …

Sec. 4. The amount of financial responsibility a person must establish under section 1 of this chapter for a hazardous waste landfill or a solid waste landfill must: (1) be the greater of: (A) fifteen thousand dollars ($15,000) for each acre or part of an acre covered by the haza…

Sec. 5. The amount of financial responsibility a person must establish under section 1 of this chapter for a transfer station must: (1) be the greater of: (A) four thousand dollars ($4,000) for each acre or part of an acre covered by the transfer station; or (B) an amount determi…

Sec. 6. The commissioner may use: (1) a trust fund agreement; (2) a surety bond; (3) a letter of credit; or (4) an insurance policy; required under this chapter for the closure or postclosure monitoring and maintenance of a hazardous waste landfill, solid waste landfill, or trans…