Title 13, TITLE 13. ENVIRONMENT
201 chapters · 1,917 sections in this title.
Ind. Code § 13-20-5-4 Repealed
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[Pre-1996 Recodification Citation: 13-7-22-2.7(e).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-20-5-5 County and state of origin of solid waste
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Sec. 5. For purposes of the collection of fees under IC 13-20-22, the county and state identified to the owner or operator of the facility under section 2(1) of this chapter with respect to a quantity of solid waste transported in a vehicle is considered the county and state in w…
Ind. Code § 13-20-5-6 Repealed
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[Pre-1996 Recodification Citation: 13-7-22-2.7(g).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14. IC 13-20-5-7 Repealed [Pre-1996 Recodification Citation: 13-7-22-2.7(h).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.
Ind. Code § 13-21-5-1 Adoption of plan; submission to commissioner; requirements
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and criteria Sec. 1. Each district shall adopt and submit to the commissioner for approval a district solid waste management plan that meets: (1) the requirements of this chapter; and (2) the criteria and other elements set forth in the state plan. [Pre-1996 Recodification Citati…
Ind. Code § 13-21-5-10 Information provided by department to assist counties
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Sec. 10. The department shall provide information to assist counties to do the following: (1) Establish districts. (2) Develop district plans under this chapter. [Pre-1996 Recodification Citation: 13-9.5-4-4.] As added by P.L.1-1996, SEC.11.
Ind. Code § 13-21-5-11 Requirements of plan
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Sec. 11. A district plan must include the following: (1) The results of a demographic study of the district predicting the population of the district: (A) five (5) years; (B) ten (10) years; and (C) twenty (20) years; after the year the district plan is adopted. (2) A: (A) descri…
Ind. Code § 13-21-5-12 Solid waste management policy required
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Sec. 12. (a) A district plan must establish a solid waste management policy for the district that reflects the needs of the district and provides an integrated approach to solid waste management that includes the following: (1) Source reduction. (2) Alternatives to complete or pa…
Ind. Code § 13-21-5-13 Required contents of plan
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Sec. 13. A district plan must do the following: (1) Set forth goals and objectives for the district. (2) Identify alternative means of achieving these goals and objectives based upon the problems and needs of the district. (3) Set forth a description of the following: (A) The ope…
Ind. Code § 13-21-5-14 Disposal of certain waste materials required by plan
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Sec. 14. (a) A district plan must also include provisions for the management and disposal of the following materials for the term of the plan: (1) Waste tires. (2) Household hazardous waste. (3) Used oil. (4) White goods. (5) Other classifications of waste provided for in the sta…
Ind. Code § 13-21-5-15 Optional provisions to restrict disposal of solid waste from
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another state Sec. 15. A district plan may, to the extent the provisions are constitutionally permissible, include provisions to restrict or prohibit the disposal within the district of solid waste originating from another state if the district reasonably considers the provisions…
Ind. Code § 13-21-5-16 Considerations and limitations of plan
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Sec. 16. (a) A district plan must consider, in all circumstances, contracts with private persons. (b) A district plan or amended plan must, where reasonably necessary to effectuate the efficient use of existing permitted final disposal facilities, take account of permitted final …
Ind. Code § 13-21-5-17 Failure to submit plan; disapproval of revision; adoption of
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plan by commissioner Sec. 17. If: (1) a district fails to submit a district plan to the commissioner under section 1 of this chapter; or (2) the commissioner disapproves a revised district plan submitted by the district under section 9 of this chapter; the commissioner may adopt …
Ind. Code § 13-21-5-18 Amendment of plan; procedures; filing and implementation
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Sec. 18. (a) A district may amend the district's solid waste management plan at any time using the procedures set forth in sections 1 through 7 of this chapter. (b) A district shall amend its district plan using the procedures set forth in sections 1 through 7 of this chapter if …
Ind. Code § 13-21-5-19 Merged districts; adoption of plan
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Sec. 19. (a) Before a district submits a district plan to the department under this chapter, a district may merge with one (1) or more other districts after the adoption of identical resolutions by the board of each district to be merged. (b) Upon adoption of identical resolution…
Ind. Code § 13-21-5-2 Public meetings; notice
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Sec. 2. (a) A district must conduct at least one (1) regularly scheduled public meeting each month before the creation, amendment, or alteration of the district solid waste management plan. The board shall give notice of each public meeting in accordance with IC 5-14-1.5. In addi…
Ind. Code § 13-21-5-20 Merger of districts; adoption of identical resolutions; time
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limitations; notice of noncompliance Sec. 20. (a) After a district submits a district plan to the department under this chapter, a district may merge with one (1) or more other districts after the adoption of identical resolutions by the board of each district to be merged. (b) U…
Ind. Code § 13-21-5-21 Withdrawal or removal of counties from joint districts; plan
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requirements; notice of noncompliance Sec. 21. (a) If a county seeks to withdraw from a joint district or a joint district seeks to remove a county from the joint district under IC 13-21-4 and the county: (1) designates itself as a county district; (2) joins into an existing join…
Ind. Code § 13-21-5-3 Public meetings; hearing; notice
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Sec. 3. (a) After considering public comment received during all public meetings held under section 2 of this chapter, the board shall hold a public hearing on the proposed plan before adopting a district plan in final form. (b) The board shall make the proposed plan available to…
Ind. Code § 13-21-5-4 Public meetings; format of plan
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Sec. 4. (a) The department shall furnish a model format to be used in the preparation of district plans under this chapter. (b) A district plan adopted before January 1, 1991, may use a format different from the format furnished under subsection (a), but the commissioner may requ…
Ind. Code § 13-21-5-5 Public meetings; advisory committee
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Sec. 5. (a) An advisory committee established under IC 13-21-3-11 must conduct at least one (1) regularly scheduled public meeting each month before reporting to the board on any matter. (b) After a board adopts a district plan, the advisory committee appointed by the board shall…
Ind. Code § 13-21-5-6 Review of working documents
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Sec. 6. A board: (1) must make all working documents available for review by the public for a period of time that allows sufficient time for adequate review before a public meeting of the board; and (2) shall make updated copies of working documents available to the public on a r…
Ind. Code § 13-21-5-7 Special meetings; notice
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Sec. 7. (a) If the board conducts a meeting other than a regularly scheduled public meeting conducted under section 2 of this chapter: (1) notice of the meeting must be given in accordance with IC 5-14-1.5-5; (2) an agenda of the meeting must be posted at least forty-eight (48) h…
Ind. Code § 13-21-5-9 Notification of disapproval; revision; hearing; time limitations
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Sec. 9. (a) If the commissioner disapproves a district plan submitted by a board, the commissioner shall promptly: (1) notify the board of the disapproval of the district plan; and (2) provide written comments on changes that would make the district plan acceptable. (b) The distr…
Ind. Code § 13-23-5-1 Restrictions on timing of tank installations; tanks for alcohol
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blended fuels Sec. 1. (a) Subject to section 2 of this chapter, and except as provided in subsection (b), an underground storage tank, whether of single or double wall construction, may not be installed before the effective date of the rules adopted under IC 13-23-1-2 for the pur…
Ind. Code § 13-23-5-2 Restrictions based on soil resistivity
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Sec. 2. If soil tests conducted in accordance with: (1) ASTM Standard G57-78; or (2) another standard approved by the commissioner as exhibiting the same or a greater degree of reliability and accuracy; show that soil resistivity in an installation location is at least twelve tho…
Ind. Code § 13-23-5-3 Compliance of underground storage tank systems with certain
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laws Sec. 3. (a) An underground storage tank system that contains fuel composed of greater than fifteen percent (15%) alcohol is considered to comply with section 1(b) of this chapter if either of the following applies: (1) The system predates May 11, 2007. (2) The system predate…
Ind. Code § 13-25-5-1 Intent of chapter
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Sec. 1. (a) This chapter is intended to provide an alternative procedure to assure compliance with the law and to encourage the voluntary remediation of hazardous substances and petroleum. (b) This section does not affect a person's legal obligations set forth in 42 U.S.C. 6901 e…
Ind. Code § 13-25-5-10 Voluntary remediation work plan; approval, modification, or
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rejection Sec. 10. Subject to section 11 of this chapter, after receiving a recommendation under section 9 of this chapter, the commissioner shall: (1) approve; (2) modify and approve; or (3) reject; the proposed voluntary remediation work plan. [Pre-1996 Recodification Citation:…
Ind. Code § 13-25-5-11 Voluntary remediation work plan; placement in public library;
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notice; comment period; hearing Sec. 11. (a) Before the commissioner approves or rejects a proposed voluntary remediation work plan under section 10 of this chapter, the commissioner must: (1) notify local government units located in a county affected by the proposed voluntary re…
Ind. Code § 13-25-5-12 Voluntary remediation work plan; rejection; notice; appeal
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Sec. 12. If the commissioner rejects a proposed voluntary remediation work plan under section 10 of this chapter: (1) the commissioner shall, under applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), notify the applicant and specify the reasons for rejecting…
Ind. Code § 13-25-5-13 Voluntary remediation work plan; approval or modification;
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notice Sec. 13. If the commissioner approves or modifies and approves a proposed voluntary remediation work plan under this chapter, the commissioner shall notify the applicant in writing, under the applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), of the …
Ind. Code § 13-25-5-14 Voluntary remediation work plan; implementation; notice
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Sec. 14. If an applicant who submitted an approved voluntary remediation work plan desires to proceed with the implementation of the work plan, the applicant must notify the commissioner in writing not more than sixty (60) days after the work plan is approved that the applicant: …
Ind. Code § 13-25-5-15 Voluntary remediation work plan; implementation; reports
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Sec. 15. If an applicant who submitted an approved voluntary remediation work plan proceeds with the work plan, the department or a person under contract with the department shall do the following: (1) Oversee and review the implementation of the voluntary remediation work plan. …
Ind. Code § 13-25-5-17 Notice of unsuccessful completion
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Sec. 17. If the commissioner determines that an applicant has not successfully completed a voluntary remediation work plan approved under this chapter, the commissioner shall notify the applicant of this determination under IC 4-21.5. [Pre-1996 Recodification Citation: 13-7-8.9-1…
Ind. Code § 13-25-5-18 Covenant not to sue; conditions in covenants not to sue and
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certificates of completion; immunity from actions; exceptions Sec. 18. (a) If the commissioner issues a certificate to a person under section 16 of this chapter, the governor shall also provide the person with a covenant not to sue for any liability, including future liability, o…
Ind. Code § 13-25-5-19 Withdrawing commissioner's approval of voluntary
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remediation work plan; appeal Sec. 19. (a) This chapter does not prohibit or limit the commissioner from withdrawing the commissioner's approval of a voluntary remediation work plan at any time during the implementation of the work plan if: (1) the person implementing the work pl…
Ind. Code § 13-25-5-2 Application; confidentiality; conditions; fee
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Sec. 2. (a) A person who desires to participate in the voluntary remediation program under this chapter must submit an application and a fee to the department as described under subsection (c). (b) Except as provided under section 5(c) of this chapter, any information submitted t…
Ind. Code § 13-25-5-20 Third party actions or claims; liability for claims for
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contribution Sec. 20. (a) This chapter does not affect an action or a claim, including a claim for contribution, that a person who implements or completes an approved voluntary remediation work plan has or may have against a third party. (b) A person who implements or completes a…
Ind. Code § 13-25-5-21 Voluntary remediation fund
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Sec. 21. (a) The voluntary remediation fund is established to provide a source of money for the department to implement this chapter. (b) The expenses of administering the fund shall be paid from the money in the fund. (c) The treasurer of state shall invest the money in the fund…
Ind. Code § 13-25-5-22 Repealed
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[Pre-1996 Recodification Citation: 13-7-8.9-22.] As added by P.L.1-1996, SEC.15. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-25-5-23 Rules
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Sec. 23. The board may adopt rules under IC 4-22-2 and IC 13-14-8 to implement this chapter. The rules may include interim or final remediation standards or provisions limiting the liability of lenders associated with persons involved in voluntary remediation projects under this …
Ind. Code § 13-25-5-3 Environmental assessment; contents
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Sec. 3. An environmental assessment described under section 2(c)(2)(B) of this chapter must include the following: (1) A legal description of the site. (2) The physical characteristics of the site. (3) The operational history of the site to the extent the history is known by the …
Ind. Code § 13-25-5-4 Determination of applicant eligibility
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Sec. 4. Not more than thirty (30) days after receiving: (1) an application; and (2) an application fee; under section 2 of this chapter, the department shall determine if the applicant is eligible to participate in the voluntary remediation program under this chapter. [Pre-1996 R…
Ind. Code § 13-25-5-5 Rejection of application; reasons; completeness; list of
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information; department duties Sec. 5. (a) The department may reject an application submitted under section 2 of this chapter only for one (1) or more of the following reasons: (1) A state or federal enforcement action that concerns the remediation of the hazardous substance or p…
Ind. Code § 13-25-5-6 Rejection of application; appeal; submission of completed
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application; refund Sec. 6. (a) If an applicant's application is rejected under section 5 of this chapter, the applicant may do the following: (1) Appeal the department's decision under IC 4-21.5. (2) If the application is rejected because the application is not complete, submit …
Ind. Code § 13-25-5-7 Voluntary remediation investigation plan; voluntary
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remediation work plan; contents Sec. 7. (a) If the department determines an application is eligible under section 4 of this chapter, the applicant may submit: (1) a proposed voluntary remediation investigation plan to the department; (2) a proposed voluntary remediation work plan…
Ind. Code § 13-25-5-8 Voluntary remediation agreement; contents; failure to reach
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accord within reasonable time after good faith negotiations Sec. 8. (a) Before the department evaluates a proposed voluntary remediation work plan, the applicant who submitted the work plan and the commissioner must enter into a voluntary remediation agreement that sets forth the…
Ind. Code § 13-25-5-8.5 Voluntary remediation work plan objectives; additional action
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to protect human health and the environment not necessary under certain circumstances; risk based remediation objectives and proposals Sec. 8.5. (a) A voluntary remediation work plan must specify the remediation objectives for the site. Subsections (b) through (e) apply to a site…
Ind. Code § 13-25-5-9 Review and evaluation; additional or corrected information
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Sec. 9. (a) After the commissioner and an applicant have signed a voluntary remediation agreement described under section 8 of this chapter, the department or a person under contract with the department shall do the following: (1) Review and evaluate the site and the affected are…
Ind. Code § 13-26-5-1 Prerequisites to exercising rights, powers, and duties
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Sec. 1. Upon: (1) the declaration of the commissioner organizing a district; (2) the qualification of the board; and (3) the election of a president, a treasurer, and a secretary; the district may exercise in the district's own name, as a municipal corporation, all the rights, po…