Title 13, ENVIRONMENT

Sec. 5. (a) Before March 2 of each year, the department shall: (1) file a report with the governor concerning any business required to correct a violation under section 1 of this chapter during the preceding year; and (2) make the report available for public inspection. (b) The r…

Sec. 6. A business required to correct a violation that is subject to section 1 of this chapter may elect to resolve an enforcement action in the same manner as a business required to correct a violation that is not subject to section 1 of this chapter. [Pre-1996 Recodification C…

Sec. 7. The following shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter: (1) The board. (2) The petroleum storage tank financial assurance board established by IC 13-23-11-1. [Pre-1996 Recodification Citation: 13-7-5-3.3(l) part.] As added by P.L.1-1996,…

Sec. 1. (a) The department shall: (1) subject to subsection (b), adopt forms for use by manufacturers, collectors, and recyclers for all registration statements, certifications, and reports required by this article; and (2) establish procedures for: (A) receipt and maintenance of…

Sec. 2. Before June 1, 2010, and before June 1 of each year thereafter, the department shall calculate estimated sales of video display devices sold to households by each manufacturer during the immediately preceding calendar year, based on national sales data. As added by P.L.17…

Sec. 3. If the revenues in the electronic waste fund established by IC 13-20.5-2-3 exceed the amount that the department determines is necessary for efficient and effective administration of this article, the department shall report to the standing committees with subject matter …

Sec. 5. The department shall promote public participation in the activities implemented under this article through public education and outreach efforts. As added by P.L.178-2009, SEC.27.

Sec. 6. (a) The department shall collect the data submitted to it annually by each registered manufacturer on: (1) the total weight in pounds of each specific model of video display device sold to households, if provided; (2) the total weight in pounds of video display devices so…

Sec. 7. The department shall estimate, for each registered manufacturer, the sales of video display devices to households during each calendar year, based on: (1) data provided by a manufacturer on sales of video display devices to households, including documentation describing h…

Sec. 8. The department may participate in or join a regional multistate organization or compact to assist in implementing this article. As added by P.L.178-2009, SEC.27.

Sec. 9. If a national electronic waste program is implemented that is similar to the program established under this article, the department shall review, evaluate, and compare the national program, the program established under this article, and any regional agreement the departm…

Sec. 1. As used in this chapter, "board" refers to the environmental rules board established by section 3 of this chapter. As added by P.L.133-2012, SEC.72.

Sec. 10. The governor may designate: (1) one (1) of the appointed members of the board to serve as chairperson; and (2) another of the appointed members to serve as vice chairperson. As added by P.L.133-2012, SEC.72. Amended by P.L.135-2026, SEC.70.

Sec. 11. Each member of the board shall fully disclose any potential conflicts of interest and recuse themselves as appropriate for particular matters before the board under the: (1) federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended; (2) federal Resource Conservation and…

Sec. 12. (a) The board shall 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 technical secretary of the board. (b) Between meetings of the board, the department shall do…

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…