Title 13, TITLE 13. ENVIRONMENT

supplements; maximum term Sec. 1. (a) Notwithstanding any other statute concerning the length, duration, and terms of contracts and agreements, a board may enter into a contract or an agreement with a person, upon terms and conditions as agreed upon, for the: (1) design; (2) cons…

bringing action Sec. 10. An action to contest: (1) the validity of a contract awarded; or (2) the procedure by which the contract was awarded; must be brought within thirty (30) days following the final contract award. After that date, the contract is incontestable for any cause.…

Sec. 2. Notwithstanding any other statute, a contract entered into between a board and any person under this chapter may be awarded by the board by: (1) public bidding in compliance with IC 36-1-12; or (2) compliance with sections 3 through 8 of this chapter. [Pre-1996 Recodifica…

Sec. 3. (a) A board may, by resolution, require that a person that desires to submit a proposal in response to a request for proposals must prequalify as a proposer by submitting information, in response to a request for qualifications, relating to the following: (1) The experien…

Sec. 4. (a) Before the issuance of a request for proposals under this chapter, the board must do the following: (1) Adopt a proposed request for proposals by resolution. (2) Publish a public notice that may contain a request for qualifications if a prequalification process has be…

Sec. 5. (a) The board may do the following: (1) Prescribe the form and content of proposals. (2) In the request for proposals, set the maximum allowable cost limits that the board determines to be appropriate. (b) The proposer must submit sufficiently detailed information to perm…

Sec. 6. Proposals may not be received before thirty (30) days following notification to the proposers of their selection. [Pre-1996 Recodification Citation: 13-9.5-8-3(4).] As added by P.L.1-1996, SEC.11.

Sec. 7. The board: (1) shall evaluate proposals received under this chapter with regard to net cost or net revenues; and (2) in the manner consistent with provisions set forth in the requests for proposals, may evaluate proposals on the basis of additional factors such as the fol…

form Sec. 8. (a) The board may: (1) negotiate with the proposers; and (2) make a preliminary contract award to any responsible proposer. (b) The board shall give public notice of a public hearing, which must designate the time and place of a public hearing at which the board will…

Sec. 9. Requests for proposals must include the following: (1) A clear identification and specification of all elements of cost that will become charges to the district, in whatever form, in return for the fulfillment by the proposer of all tasks and responsibilities established …

Sec. 1. (a) An owner or operator of a hazardous waste disposal facility must submit each month, to the county board of health of the county in which the facility is located, a report that lists the hazardous wastes disposed of in that facility during the previous month. (b) The d…

Sec. 1. The petroleum storage tank trust fund is established to provide a source of money for the uses set forth in IC 13-23-13-6. [Pre-1996 Recodification Citation: 13-7-20-30(a).] As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.37.

Sec. 2. The sources of money for the fund are as follows: (1) Grants made by the United States Environmental Protection Agency to the state under cooperative agreements under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)). (2) Costs recovered b…

Sec. 3. The expenses of administering the fund shall be paid from money in the fund. [Pre-1996 Recodification Citation: 13-7-20-30(b).] As added by P.L.1-1996, SEC.13.

Sec. 4. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund. [Pre-1996 Recodificati…

Sec. 5. Money in the fund at the end of a state fiscal year does not revert to the state general fund. [Pre-1996 Recodification Citation: 13-7-20-30(d).] As added by P.L.1-1996, SEC.13.

Sec. 1. This chapter does not apply to an occurrence involving the release or imminent release of less than twenty-five (25) pounds of active ingredient of a substance or a combination of substances that meets all of the following conditions: (1) Was commercially produced and sol…

reimbursement Sec. 2. The persons who are responsible parties in connection with a hazardous materials emergency shall reimburse: (1) an emergency response agency; or (2) the governmental entity served by an emergency response agency; for reasonable and necessary expenses incurre…

Sec. 3. (a) Reimbursement is available under this chapter for expenses, except for expenses of a type that the agency normally incurs in responding to emergencies that do not involve hazardous materials, that are incurred in taking emergency action by an emergency response agency…

government Sec. 4. Reimbursement for expenses is not available under this chapter if those expenses may be reimbursed by the federal government under Section 123 of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9623). [Pre-1996 Recodification Citation: 13-6-…

Sec. 5. An emergency response agency or a governmental entity may obtain reimbursement under this chapter by filing an action for reimbursement in a court of general jurisdiction of: (1) a county in which a hazardous materials emergency arose; or (2) the county in which the unit …

Sec. 1. A district plan for the operation of the district must include: (1) engineering reports; (2) plans and specifications; and (3) a feasibility study in a form that the department requires. [Pre-1996 Recodification Citation: 13-3-2-5(e) part.] As added by P.L.1-1996, SEC.16.…

Sec. 2. If the department approves a district plan, the department shall authorize the district to proceed. [Pre-1996 Recodification Citation: 13-3-2-5(f).] As added by P.L.1-1996, SEC.16.

Sec. 3. If the department disapproves a district plan, the department may recommend revisions and authorize the district to proceed with a revised plan. [Pre-1996 Recodification Citation: 13-3-2-5(g) part.] As added by P.L.1-1996, SEC.16.

Sec. 4. If: (1) the department determines that the project or operation of the district is not economically feasible, fair, or reasonable; or (2) the district fails to file a plan for the operation of the district within the time prescribed by the department; the department may d…

Sec. 1. A retailer that sells new video display devices shall provide information to households that: (1) describes where and how households may recycle video display devices; and (2) advises households of opportunities and locations for the convenient collection of video display…

Sec. 2. The requirement in section 1 of this chapter may be met by retailers: (1) by providing to households the department's contact information or Internet web site address; and (2) if the retailer sells through catalogs or the Internet, by including the information in a promin…

Sec. 1. The: (1) governor may assign to the board the adoption of rules in any area not provided for by law as of September 1, 1985; or (2) board may directly exercise that power until a specific agency for the exercise of the power is created. [Pre-1996 Recodification Citation: …

Sec. 1. Except as provided in sections 2 and 4 of this chapter, the commissioner or a designated staff member may revoke or modify a permit granted by the department under environmental management laws or IC 13-7 (before its repeal) for any of the following causes: (1) Violation …

Sec. 2. The commissioner shall reopen and revise a permit issued under the operating permit program of 42 U.S.C. 7661 through 7661f before the expiration of the permit when any of the following conditions exist: (1) Additional federal requirements become applicable to a source wh…

Sec. 3. A person aggrieved by the revocation or modification of a permit may appeal the revocation or modification to the office of environmental adjudication for an administrative review under IC 4-21.5-3. Pending the decision resulting from the hearing under IC 4-21.5-3 concern…

Sec. 4. (a) This section applies to a facility that: (1) has been issued an operating permit by the board; or (2) is operating without a permit but has made a timely and complete application for a permit under IC 13-17-8-10. (b) The board shall adopt rules under IC 4-22-2 and IC …

Sec. 1. Except as otherwise provided in this chapter, if a person: (1) constructed, reconstructed, modified, or operated a facility or source that emits or is capable of emitting into the atmosphere a regulated pollutant in an amount for which: (A) a registration; (B) a construct…

Sec. 2. (a) All of the following conditions must be satisfied for a person to qualify for the exemption from liability established in section 1 of this chapter: (1) If the source is required to obtain a Title V operating permit, a complete permit application for a Title V operati…

Sec. 3. This chapter does not do any of the following: (1) Limit the scope of a person's liability for criminal penalties or for civil penalties under IC 13-30-4, IC 13-30-5, and IC 13-30-8. (2) Excuse or prohibit enforcement of violations of any state or federal health based or …

Sec. 4. An enforcement action that has been resolved or settled with the commissioner or any other person may not be reopened on the basis of this chapter. [Pre-1996 Recodification Citation: 13-10-4-1(e).] As added by P.L.1-1996, SEC.7.

Sec. 5. A private citizen, the commissioner, the governor, or the attorney general may initiate a civil action under: (1) IC 13-14-10-2; (2) IC 13-15-3-6; (3) IC 13-17-4; (4) IC 13-30-1-1 through IC 13-30-1-7; (5) IC 13-30-3-2 through IC 13-30-3-9; or (6) IC 32-30-6-7; whichever …

Sec. 6. The sole civil penalty for a failure to possess a permit or registration as described in section 1 of this chapter, regardless of the number of facilities identified in the application filed under section 2 of this chapter, is as follows: (1) For a person who submits a ti…

Sec. 7. The limitation on liability provided under section 1 of this chapter only applies to an administrative or a judicial enforcement action brought against a person for failure to possess a valid state construction permit, operating permit, or registration. This chapter does …

Sec. 8. The board may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.1-1996, SEC.7.

Sec. 1. The commissioner must approve all plans and specifications for abatement or correction of any polluted condition. [Pre-1996 Recodification Citation: 13-1-3-10 part.] As added by P.L.1-1996, SEC.8.

Sec. 2. The department shall advise and consult, on request, with any person planning any correction or prevention of any pollution condition of any water of Indiana. [Pre-1996 Recodification Citation: 13-1-3-10 part.] As added by P.L.1-1996, SEC.8.

Sec. 1. (a) As used in this chapter, "East Chicago area of special concern" means all areas of East Chicago in which: (1) lead has been discovered in the soil through testing at a level at least equal to the danger level identified under Section 403 of the federal Toxic Substance…

Sec. 2. As used in this chapter, "EPA" refers to the United States Environmental Protection Agency. As added by P.L.88-2017, SEC.4.

Sec. 3. As used in this chapter, "IHCDA" refers to the Indiana housing and community development authority created by IC 5-20-1-3. As added by P.L.88-2017, SEC.4.

work Sec. 4. (a) The department is encouraged to cooperate with and provide assistance to the EPA in the sampling, excavation, and removal of contaminated soil and restoration work to be performed in the East Chicago area of special concern. (b) The department shall seek reimburs…

residents Sec. 5. (a) The IHCDA shall, to the greatest extent possible, cooperate with and provide assistance to the United States Department of Housing and Urban Development in the relocation of residents of the East Chicago area of special concern to other residential areas. (b…

Sec. 6. The attorney general shall take all steps necessary to collect the reasonable costs described in sections 4(b) and 5(b) of this chapter. As added by P.L.88-2017, SEC.4.

Sec. 7. The department shall conduct testing of the water supply for East Chicago. Testing shall be conducted in such a way as to determine whether the water supply for East Chicago is in compliance with the requirements of 40 CFR 141, Subpart I, the national primary drinking wat…

Sec. 1. (a) A special taxing district is established in each solid waste management district established under IC 13-21-3 or IC 13-9.5-2 (before its repeal) for the purpose of providing persons within the district with solid waste management service. (b) The special taxing distri…