Title 13, TITLE 13. ENVIRONMENT

Sec. 11. The court may: (1) grant temporary and permanent equitable relief; or (2) impose the conditions upon the respondent that are required to protect the environment of the state from pollution, impairment, and destruction. [Pre-1996 Recodification Citation: 13-6-1-5.] As add…

Sec. 12. (a) In an action in which a petitioner or an intervenor seeking judicial adjudication as provided by this chapter has failed to intervene in an administrative, a licensing, or other similar proceeding, the court may: (1) remit the petitioner or intervenor to the proceedi…

Sec. 2. (a) A citizen, a partnership, a corporation, a limited liability company, an association, or a public officer or agency, as a condition precedent to maintaining an action, must give notice in writing by registered or certified mail to: (1) the department of natural resour…

party Sec. 3. (a) An individual or entity that is identified in section 1(2) through 1(4) of this chapter and that brings an action under section 1 of this chapter may not maintain the action unless: (1) none of the agencies that receives notice of the action under section 2 of t…

Sec. 4. If the administrative agency that has jurisdiction and that is given notice by the attorney general under section 2 of this chapter: (1) holds a hearing; and (2) makes a final determination; after receiving the notice, an appeal from the agency's action may be taken in th…

Sec. 5. In an administrative, a licensing, or any other proceeding, and in an action for judicial review of an administrative, a licensing, or any other proceeding that is made available by law: (1) the attorney general; (2) a state, city, town, county, or local agency or officer…

environment Sec. 6. In the administrative, licensing, or other procedure, the agency shall consider the alleged significant impairment, pollution, or destruction of the environment of Indiana. A program, a product, or conduct that: (1) has; or (2) is reasonably likely to have; th…

Sec. 7. In an action for judicial review of proceedings described in section 4 of this chapter, the court shall, in addition to other duties imposed upon the court by law, grant review of claims that the conduct, program, or product under review: (1) has impaired, significantly p…

Sec. 8. (a) In an action under this chapter, whenever the petitioner has made a prima facie showing that the conduct of the respondent has or is reasonably likely to impair, pollute, or destroy the environment of Indiana, the respondent has the burden of establishing the followin…

Sec. 9. An action under this chapter must be brought in a circuit or superior court in the county in which the significant pollution, impairment, or destruction is alleged to have occurred. [Pre-1996 Recodification Citation: 13-6-1-3.] As added by P.L.1-1996, SEC.20.

Sec. 0.5. As used in this chapter, "program year" means a calendar year. As added by P.L.200-2017, SEC.5.

registration; updates Sec. 1. (a) A manufacturer of video display devices that are sold or offered for sale to households as of January 1 of a program year shall submit a registration to the department not later than March 1 of that program year. (b) A manufacturer of video displ…

manufacturer to retailer Sec. 2. After 2009, a manufacturer may not sell, offer for sale, or deliver to a retailer for subsequent sale a new video display device unless: (1) the video display device is labeled with the manufacturer's brand that is permanently affixed and readily …

listing of manufacturers and brands Sec. 3. (a) A registration received from a manufacturer by the department under this chapter is, except as provided in subsection (b), effective for the program year for which the registration is submitted under section 1 of this chapter. (b) T…

registration Sec. 5. (a) A person may not recycle covered electronic devices generated by covered entities unless the person: (1) has submitted to the department a completed registration form as required by 329 IAC 16-5-1; and (2) otherwise complies with 329 IAC 16. (b) A registe…

Sec. 6. The department may revoke the registration of a collector or recycler that violates either or both of the following: (1) This article. (2) 329 IAC 16. As added by P.L.178-2009, SEC.27.

Sec. 0.1. The amendments made to section 148(e) of this chapter by P.L.212-1999, SECTION 3 shall not be construed to affect any litigation filed before January 1, 1999. As added by P.L.220-2011, SEC.276.

Sec. 0.2. (a) The amendments made to IC 13-7-8.7-8(a) and IC 13-7-8.7-8(b) (before their repeal, now codified at sections 48 and 81, respectively, of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991. (b) The …

Sec. 0.3. "Aboveground petroleum storage tank", for purposes of IC 13-23, means an aboveground storage tank that is used to contain petroleum. As added by P.L.176-2023, SEC.3.

Sec. 0.4. (a) "Aboveground storage tank" (or AST), for purposes of this chapter and IC 13-23, means one (1) tank or combination of tanks: (1) that is used to contain an accumulation of regulated substances; (2) the volume of which, including the volume of the aboveground connecte…

As added by P.L.123-1997, SEC.1. Repealed by P.L.57-2009, SEC.18. IC 13-11-2-0.6 Repealed As added by P.L.112-2015, SEC.1. Repealed by P.L.72-2017, SEC.1.

Sec. 0.7. "ABS sensor", for purposes of IC 13-20-17.7, refers to an anti-lock braking system G-force sensor. As added by P.L.114-2008, SEC.4.

Sec. 1. "Active area", for purposes of IC 13-20-10, means: (1) the raw compostable matter storage area; (2) the composting matter area; (3) the compost curing area; or (4) the compost storage area; of a composting facility for vegetative matter. [Pre-1996 Recodification Citation:…

Sec. 1.5. "Acute hazardous waste", for purposes of IC 13-22-4-3.1, has the meaning set forth in 40 CFR Part 261. As added by P.L.143-2000, SEC.1. Amended by P.L.1-2001, SEC.10.

Sec. 10. "Asbestos", for purposes of IC 13-17-6, means an asbestiform variety of the following: (1) Chrysotile (serpentine). (2) Crocidolite (riebeckite). (3) Amosite (cummingtonite-grunerite). (4) Anthophyllite. (5) Tremolite. (6) Actinolite. [Pre-1996 Recodification Citation: 1…

Sec. 100. "Hazardous waste facility", for purposes of environmental management laws, means a plant or site where hazardous waste is subjected to treatment, storage, or disposal. [Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-13.] As added by P.L.1-1996, SEC.1.

Sec. 101. "Hazardous waste landfill", for purposes of IC 13-22-9, means a hazardous waste disposal facility at which hazardous waste is deposited on or beneath the surface of the ground as an intended place of final location. [Pre-1996 Recodification Citation: 13-7-32-1.] As adde…

Sec. 102. "High level radioactive waste", for purposes of IC 13-22-10, has the meaning set forth in Section 2 of the federal Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), as in effect on January 1, 1987. [Pre-1996 Recodification Citation: 13-7-8.6-2(l).] As added by P.L.1-1…

Sec. 102.6. "Host agreement", for purposes of IC 13-20-23, means a valid and enforceable agreement entered into between a county and another person for the payment of a disposal fee in exchange for the county's permission to construct or operate a landfill. As added by P.L.133-19…

Sec. 103. "Host state", for purposes of IC 13-29-1, means any state which is designated by the Midwest Interstate Low-Level Radioactive Waste Commission to host a regional facility. [Pre-1996 Recodification Citation: 13-5-9-2 part.] As added by P.L.1-1996, SEC.1.

Sec. 103.9. "Household", for purposes of section 47.7 of this chapter and IC 13-20.5, means the occupants of a dwelling located in Indiana who use a video display device at the dwelling primarily for personal use or home office use. As added by P.L.178-2009, SEC.11.

Sec. 104. "Household hazardous waste", for purposes of IC 13-20-20 and IC 13-21, means hazardous waste generated by households. [Pre-1996 Recodification Citations: subsection (a) formerly 13-7-33-3; subsection (b) formerly 13-9.5-1-1 part; 13-9.5-1-16.5 part; subsection (c) forme…

Sec. 104.5. "Hulk crusher", for purposes of this chapter, means an enterprise that engages in the business of handling and flattening, compacting, or otherwise demolishing motor vehicles or their remains for economical delivery to a scrap metal processor or other appropriate faci…

Sec. 104.6. "IHCDA", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-3. As added by P.L.88-2017, SEC.3.

Sec. 104.7. "In lieu fee mitigation program", for purposes of IC 13-18-22-6, means a program under which a person proposing a wetland activity in a state regulated wetland provides funds to a third party that will use the funds to offset the loss of wetlands resulting from the pr…

Sec. 104.8. "In lieu fee", for purposes of 13-18-22-6, means a fee that: (1) is paid pursuant to: (A) the department of natural resources stream and wetland mitigation program; or (B) another in lieu fee mitigation program; (2) is paid to: (A) the state government; or (B) the Ind…

Sec. 105. "Incidental concentrations of PCB", for purposes of IC 13-20-15-3, means concentrations of PCB that are beyond the control of the person and that are not the result of the person: (1) exposing the: (A) item; (B) product; or (C) material; to concentrations of PCB; (2) fa…

Sec. 106. "Incinerator", for purposes of IC 13-21 and environmental management laws, means an engineered apparatus designed for the burning of solid waste under the effect of controls on the following: (1) Temperature. (2) Retention time. (3) Air. (4) Other combustion factors. [P…

Sec. 107. "Includes" means includes but is not limited to. [1996 Recodification Citations: New.] As added by P.L.1-1996, SEC.1.

Sec. 108. "Industrial permit", for purposes of IC 13-14-8-11.6 and IC 13-18-20, refers to a National Pollutant Discharge Elimination System (NPDES) permit other than a permit issued to any of the following: (1) a municipal facility; (2) a state facility; (3) a federal facility; (…

Sec. 109. "Industrial pretreatment permit", for purposes of IC 13-18-20, refers to a permit issued by the state to an industry discharging to a publicly owned treatment works that: (1) meets the criteria in 327 IAC 5-13-2(f); and (2) has been approved by the commissioner in accor…

As added by P.L.138-2000, SEC.1. Repealed by P.L.218-2001, SEC.11.

Sec. 11. (a) "Asbestos containing material", for purposes of IC 13-17-6, means material that contains more than one percent (1%) asbestos by area and that: (1) is friable; or (2) has a reasonable probability of becoming friable in the course of ordinary or anticipated use of the …

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-25-2; subsection (b) formerly 13-9-1-1 part; 13-9-1-11.] As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.5; P.L.1-2002, SEC.63. Repealed by P.L.37-2012, SEC.5.

Sec. 111. "Intentionally introduced", for purposes of IC 13-20-17, means any time that mercury is present in a battery, unless the mercury is only incidentally present in other materials in the battery. [Pre-1996 Recodification Citation: 13-1-16-1.] As added by P.L.1-1996, SEC.1.…

Sec. 112. "Interstate agency", for purposes of IC 13-18-2, means an agency of at least two (2) states having powers or duties pertaining to the abatement of water pollution. [Pre-1996 Recodification Citation: 13-1-4-1(d), (f) part.] As added by P.L.1-1996, SEC.1.

Sec. 112.5. "Isolated wetland", for purposes of IC 13-18, is a wetland that is not subject to regulation under Section 404(a) of the Clean Water Act. As added by P.L.282-2003, SEC.25.

Sec. 113. "Joint solid waste management district" or "joint district", for purposes of IC 13-21, refers to a solid waste management district that consists of at least two (2) counties. [Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-18.] As added by P.L.1-1996, SEC.…

Sec. 114. "Land application", for purposes of IC 13-18-12, means the disposal of: (1) septage; (2) solid waste, as defined in section 205(a) of this chapter; or (3) industrial waste products, as allowed under IC 13-18-12-2.5; by burial or incorporation into the soil. [Pre-1996 Re…

Sec. 114.2. "Land application operation", for purposes of IC 13-18-12 and IC 13-19-3, means an operation in which sludge, waste products, or wastewater generated by industrial, municipal, or semipublic facilities are disposed of by application upon or incorporation into the soil.…