Title 13, ENVIRONMENT

Sec. 8. The requirement for equal and proportionate increases does not apply to adjustments to cost of service based fees that are: (1) the result of increased activities described under section 3 of this chapter; and (2) attributable to federal mandates related to particular typ…

Sec. 9. The commissioner shall provide the Administrator of the United States Environmental Protection Agency with an annual accounting of: (1) the receipt of operating permit fees; and (2) the expenditure of money in the fund under this chapter; to demonstrate that operating per…

Sec. 1. A person upon whom a final order is served under the water pollution control laws shall take the steps that are necessary to comply with the final order. [Pre-1996 Recodification Citation: 13-1-3-12(a) part.] As added by P.L.1-1996, SEC.8.

Sec. 2. (a) If the offender is a municipal corporation, the cost of: (1) acquisition, construction, repair, alteration, or extension of the necessary plants, machinery, or works; or (2) taking other steps that are necessary to comply with the order; shall be paid out of money on …

Sec. 3. If the estimated cost of the steps necessary for a municipal corporation to comply with a final order is great enough that the bond issue necessary to finance the project would not raise the total outstanding bonded indebtedness of the municipal corporation in excess of t…

Sec. 4. (a) Subject to subsection (b), if: (1) the amount of the bonds necessary to be issued would raise the total outstanding bonded indebtedness of the municipal corporation above the constitutional limitation; or (2) the municipal corporation determines against the issuance o…

Sec. 5. The money made available by the issuance of either direct obligation bonds or revenue bonds as provided by the water pollution control laws or IC 13-1-3 (before its repeal): (1) constitutes a sanitary fund; and (2) shall be used for no other purpose than for carrying out …

Sec. 6. (a) Subject to subsection (b): (1) the construction, acquisition, improvement, equipment, custody, operation, repair, and maintenance of a plant, machinery, or works by a municipal corporation in compliance with a final order of the commissioner, other than the financing;…

Sec. 7. Failure of: (1) a municipal corporation; or (2) the board of directors or other governing body of a private corporation, association, or other legal entity; to provide for the financing and construction of the works that are necessary to carry out a final order issued und…

Sec. 8. (a) The commissioner may extend the time fixed in a final order issued under the water pollution control laws or IC 13-1-3 (before its repeal) within which any offender is ordered to correct or abate a condition of pollution of any water upon written petition filed with t…

Sec. 9. A person who fails to discharge a duty imposed upon the person by the water pollution control laws commits a Class B misdemeanor. [Pre-1996 Recodification Citation: 13-1-3-14(b).] As added by P.L.1-1996, SEC.8.

Sec. 0.5. This chapter does not apply to an advanced recycling facility. As added by P.L.54-2023, SEC.20.

Sec. 1. Any rules adopted by the board for the construction and operation of incinerators under IC 13-14-8 must incorporate by reference pertinent rules adopted by the board concerning air pollution control. [Pre-1996 Recodification Citation: 13-7-21-1.] As added by P.L.1-1996, S…

Sec. 5. (a) The department, in accordance with IC 13-15, shall operate a permit program for all incinerators subject to regulation under the rules of the board. (b) The department shall issue permits for an incinerator that is in compliance with construction and operating rules a…

Sec. 6. A permit issued under this chapter for the operation of an incinerator must include: (1) a provision requiring the permit holder to notify the department and appropriate local government officials of: (A) any release of a contaminant in a quantity exceeding a control leve…

Sec. 7. (a) This chapter shall be enforced under IC 13-30-3. (b) A violation of this chapter or a rule adopted under this chapter is subject to criminal prosecution and to the penalties set forth in the following: (1) IC 13-30-4. (2) IC 13-30-5. (3) IC 13-30-8. [Pre-1996 Recodifi…

Sec. 9. (a) A generator that ships solid waste to a waste-to-energy facility must, before the facility accepts the solid waste, notify the facility if the solid waste meets any of the following criteria: (1) The solid waste contains: (A) a volatile: (i) liquid; or (ii) solid; (B)…

Sec. 1. A board may finance the cost of facilities by borrowing money and issuing revenue bonds under this chapter. [Pre-1996 Recodification Citation: 13-9.5-9-4(a).] As added by P.L.1-1996, SEC.11.

Sec. 2. The issuance of revenue bonds must be authorized by a resolution of the board. [Pre-1996 Recodification Citation: 13-9.5-9-4(b).] As added by P.L.1-1996, SEC.11.

Sec. 3. (a) The revenue bonds: (1) are special obligations of the district; (2) are payable solely from and secured by a lien upon the revenues of all or part of the facilities whether or not the facilities are being financed with revenue bonds under this chapter or IC 13-9.5-9-4…

Sec. 4. (a) The resolution may pledge and assign for the security of the revenue bonds all or part of the revenues or net revenues of the facilities. (b) To adequately secure the payment of the revenue bonds and the interest on the bonds, the district and the district's officers,…

Sec. 1. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 on standards of financial responsibility for the following: (1) Closure. (2) Postclosure monitoring at hazardous waste facilities. (3) Any required corrective action at those facilities. (b) Any rules adopted un…

Sec. 2. (a) The rules on financial responsibility for monitoring and corrective action at hazardous waste facilities adopted by the board under section 1 of this chapter and IC 4-22-2 must state that evidence of financial responsibility may be provided through one (1) or more of …

Sec. 4. (a) The administrator shall pay ELTF claims that are: (1) for costs related to eligible releases; (2) submitted by eligible parties; and (3) submitted in accordance with IC 13-23-8 and IC 13-23-9. (b) The administrator, if appropriate, may allow an eligible party to assig…

Sec. 6. (a) If the balance in the ELTF drops below twenty-five million dollars ($25,000,000), the administrator shall pay claims according to the priority payment system established by rules adopted by the financial assurance board under IC 13-23-11-7(a)(1)(D). (b) If the balance…

Sec. 7. (a) The department, with respect to payment of claims, may not discriminate against any claimant. However, subject to this chapter, a claimant does not have an enforceable right to the payment of an ELTF claim. (b) This chapter does not create any obligation on the part o…

Sec. 8. (a) The administrator of the ELTF: (1) shall not pay more than two million five hundred thousand dollars ($2,500,000) from the ELTF per eligible release; and (2) shall not pay any eligible party more than ten million dollars ($10,000,000) from the ELTF per fiscal year. (b…

Sec. 9. (a) For purposes of this section, the term "remediation expenses" includes reimbursement for the expenses incurred to remediate the site and all other eligible expenses under this article. (b) Each subsequent owner of a property that has had a restrictive covenant placed …

Sec. 1. After the establishment of a district, an eligible entity whose territory is not wholly included within the district may file an application with the district setting forth the following: (1) A general description of the territory the eligible entity desires to have inclu…

Sec. 2. If an application is approved by a majority of the board, the territory described in the application becomes part of the district. The district shall then notify the department of the inclusion of the additional territory in the district. [Pre-1996 Recodification Citation…

Sec. 3. (a) If an application fails to receive the approval of a majority of the board not later than sixty (60) days after the filing of the application with the district, the entity filing the application may file a petition with the department as described in IC 13-26-2 reques…

Sec. 4. (a) This section applies to the addition of territory to a regional sewage or solid waste district other than at the request of an eligible entity described in section 1 of this chapter. This section does not apply to a regional water district. (b) To add territory to a d…

Sec. 1. The department: (1) may, to encourage continuous and sustainable environmental progress through the development and use of an environmental management system, develop and implement an environmental performance based program that: (A) is consistent with the policies of thi…

Sec. 2. A person may not be required to participate in a program developed and implemented under section 1 of this chapter. As added by P.L.100-2006, SEC.12.

Sec. 3. (a) The following boards may adopt rules to implement this chapter to the extent consistent with federal law: (1) The board. (2) The petroleum storage tank financial assurance board established by IC 13-23-11-1. (b) The rules adopted under subsection (a) may establish the…

Sec. 1. A vehicle that is used to transport hazardous waste in the commission of an offense described in IC 13-30-10-1.5 is subject to forfeiture under IC 34-24-1. [Pre-1996 Recodification Citation: 13-7-13-4(d).] As added by P.L.1-1996, SEC.20. Amended by P.L.1-1998, SEC.108; P.…

Sec. 1. A city, a county, or any other governmental entity may not require a covered entity to use public facilities to recycle the covered entity's covered electronic devices to the exclusion of other lawful recycling programs available. As added by P.L.178-2009, SEC.27.

Sec. 2. This article does not prohibit or restrict: (1) the operation of any program that recycles covered electronic devices in addition to programs provided by manufacturers; (2) persons from receiving, collecting, transporting, or recycling covered electronic devices, if those…

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 …

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…

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 to establish new water quality standards for a community served by a co…

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.

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 for the rule do…