Title 13, ENVIRONMENT

Sec. 5. (a) A board may not adopt a rule until all of the following occur: (1) The board holds a board meeting on the proposed rule. (2) The department, after approval of the proposed rule by the board under subsection (c), publishes the information in the Indiana Register requir…

Sec. 6. The department shall include the following in the written materials to be considered at the board meetings held under section 5(a)(1) and 5(a)(3) of this chapter: (1) The full text of the proposed rule, as most recently prepared by the department. (2) The written response…

Sec. 8. If the commissioner determines that a federal law, regulation, or rule: (1) is the basis of a rule that is adopted by the board; and (2) is stayed by an administrative or a judicial order pending an administrative or a judicial action regarding the validity of the federal…

Sec. 9. After complying with sections 4 through 6 of this chapter, the board may, at the board meeting held under section 5(a)(3) of this chapter: (1) adopt a rule that is identical to the proposed rule published under section 5(a)(2) of this chapter or with amendments that meet …

Sec. 3. A person proposing to construct: (1) a nuclear powered generating facility; or (2) a nuclear fuel reprocessing plant; shall file with the department an environmental feasibility report concurrently with the filing of documents required to be filed with the United States N…

Sec. 1. (a) Subject to section 3 of this chapter, a person may open burn the following for maintenance purposes: (1) Vegetation from: (A) a farm; (B) an orchard; (C) a nursery; (D) a tree farm; (E) a cemetery; or (F) a drainage ditch. (2) Vegetation from agricultural land if the …

Sec. 2. Subject to section 3 of this chapter, a person may open burn clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the railroad rights-of-way. A person may not open burn railroad ties. [Pre-1996 Recodification Citation: 13-1-1.2-2…

Sec. 3. All open burning that is allowed under this chapter must comply with the following conditions: (1) A person who open burns any material shall extinguish the fire if the fire creates a nuisance or fire hazard. (2) Burning may not be conducted during unfavorable meteorologi…

Sec. 1. This chapter does not apply to any of the following: (1) Detergents for cleaning in place food processing and dairy equipment. (2) Phosphoric acid products, including sanitizers, brighteners, acid cleaners, and metal conditioners. (3) Detergents for use in commercial mach…

Sec. 2. A person may not use, sell, or otherwise dispose of any hard or nondegradable detergent containing alkyl benzine sulfonate (ABS) in any manner or any location in Indiana or into the boundary waters of Indiana from a source within Indiana. [Pre-1996 Recodification Citation…

Sec. 3. (a) A person may not use, sell, or otherwise dispose of any detergent containing phosphorus, except: (1) for those amounts not exceeding one-half percent (0.5%) by weight incidental to manufacturing; and (2) in accordance with rules adopted under IC 4-22-2 by the board; i…

Sec. 4. (a) The department shall enforce this chapter under IC 13-30-3 or IC 13-14-2-6. (b) The commissioner may approve the use of phosphates by a manufacturer or processor for cleaning plant or equipment upon application to the commissioner by the manufacturer or processor. The…

Sec. 5. The attorney general shall, upon the request of the department, institute injunction proceedings to enjoin acts constituting a violation of this chapter. [Pre-1996 Recodification Citation: 13-1-5.5-6.] As added by P.L.1-1996, SEC.8.

Sec. 6. A person who violates this chapter is subject to the penalties imposed by the following: (1) IC 13-30-4. (2) IC 13-30-5. (3) IC 13-30-8. In addition, a person who violates this chapter may be subject to criminal prosecution under IC 13-30-10. [Pre-1996 Recodification Cita…

Sec. 1. This chapter does not apply to the following: (1) The use of vegetative matter resulting from landscaping maintenance and land clearing projects that, after composting, is used as cover material for a solid waste landfill. (2) The deposit into a solid waste landfill of: (…

Sec. 2. Except as provided in section 4 of this chapter, a person may not knowingly deposit vegetative matter resulting from landscaping maintenance and land clearing projects in a solid waste landfill. [Pre-1996 Recodification Citation: 13-7-29-3.] As added by P.L.1-1996, SEC.10…

Sec. 3. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. [Pre-1996 Recodification Citation: 13-7-29-4.] As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.141.

Sec. 4. If an emergency exists, the county executive of a county may, by resolution or order: (1) waive the prohibition under section 2 of this chapter; and (2) allow vegetative matter resulting from landscaping maintenance and land clearing projects to be deposited in the solid …

Sec. 1. A board may periodically enter into negotiations with one (1) or more persons concerning the terms and conditions of financing facilities. Preliminary expenses in connection with negotiations may be paid from any of the following: (1) Money furnished by the proposed user …

Sec. 2. (a) The board shall hold a public hearing on the proposed financing of the facilities after giving public notice. (b) Upon findings by the board that: (1) the proposed financing will benefit the health or welfare of the district; and (2) the proposed financing complies wi…

Sec. 3. (a) The resolution adopted under section 2 of this chapter may also authorize the issuance of waste management development bonds payable solely from: (1) revenues and receipts derived from a financing agreement; or (2) payments made under a guaranty agreement by a develop…

Sec. 4. (a) A financing agreement must provide for payments in an amount not less than an amount sufficient to pay: (1) the principal of; (2) the premium, if any, of; and (3) interest on; the waste management development bonds authorized for the financing of the facilities. (b) T…

Sec. 5. The district may advance all expenses, premiums, and commissions that the district considers necessary or advantageous in connection with the issuance of bonds issued under this chapter. [Pre-1996 Recodification Citation: 13-9.5-9-5(g).] As added by P.L.1-1996, SEC.11.…

Sec. 6. (a) The district is exempt from all property taxes on facilities. (b) Developers and users are liable for property taxes on facilities as provided by law. (c) This chapter does not deny a tax exemption that a developer or user may have under other laws because of the natu…

Sec. 7. The user or developer is responsible for obtaining and maintaining all approvals and permits required for the construction of the facilities under this chapter. [Pre-1996 Recodification Citation: 13-9.5-9-5(i).] As added by P.L.1-1996, SEC.11.

Sec. 1. Except as provided in section 8 of this chapter, a person that applies for a permit to operate a: (1) hazardous waste landfill; (2) solid waste landfill; or (3) transfer station; must establish financial responsibility for the costs of closure and postclosure monitoring a…

Sec. 2. The financial responsibility established under section 1 of this chapter must cover the costs of: (1) properly closing, in an environmentally sound manner; and (2) during postclosure, monitoring and maintaining; the hazardous waste landfill, solid waste landfill, or trans…

Sec. 3. Financial responsibility may be established under section 1 of this chapter by filing one (1) or a combination of the following with the commissioner: (1) Trust fund agreement. (2) Surety bond with a standby trust fund agreement. (3) Letter of credit with a standby trust …

Sec. 4. The amount of financial responsibility a person must establish under section 1 of this chapter for a hazardous waste landfill or a solid waste landfill must: (1) be the greater of: (A) fifteen thousand dollars ($15,000) for each acre or part of an acre covered by the haza…

Sec. 5. The amount of financial responsibility a person must establish under section 1 of this chapter for a transfer station must: (1) be the greater of: (A) four thousand dollars ($4,000) for each acre or part of an acre covered by the transfer station; or (B) an amount determi…

Sec. 6. The commissioner may use: (1) a trust fund agreement; (2) a surety bond; (3) a letter of credit; or (4) an insurance policy; required under this chapter for the closure or postclosure monitoring and maintenance of a hazardous waste landfill, solid waste landfill, or trans…

Sec. 7. The board shall adopt rules under IC 4-22-2 and IC 13-14-8 to do the following: (1) Implement this chapter. (2) Establish criteria to determine the following: (A) When the closure and postclosure monitoring and maintenance requirements have been met by a person that provi…

Sec. 8. (a) A municipal corporation that owns or operates a solid waste landfill that: (1) is used exclusively to dispose of ash; and (2) complies with construction standards established under: (A) the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); and (…

Sec. 1.3. (a) The total amount otherwise available from the ELTF in connection with an eligible release discovered on or after July 1, 2016, shall be reduced by: (1) a deductible amount of fifteen thousand dollars ($15,000); and (2) if any annual registration fees that were due i…

Sec. 1.5. (a) The administrator may pay ELTF claims only for costs that: (1) are reasonable and cost effective; and (2) result from or reimburse the claimant for the following: (A) Work performed for site characterization. (B) Development and implementation of a corrective action…

Sec. 1.7. (a) The administrator may pay an ELTF claim for fifty percent (50%) of the costs of decommissioning or replacing an underground petroleum storage tank, provided that: (1) the applicant is the owner of the tank; (2) such decommissioning or replacement is necessary, in th…

Sec. 2. (a) ELTF claims must be submitted in accordance with rules adopted by the financial assurance board under IC 13-23-11-7(a)(1)(B). (b) If the administrator denies an ELTF claim, the administrator shall provide the claimant with a written explanation of all reasons for the …

Sec. 2.2. (a) The commissioner shall approve or deny a corrective action plan according to section 1.5(a)(2)(B) of this chapter not more than ninety (90) days after receiving the plan. (b) If the commissioner does not approve or deny a corrective action plan within the period all…

Sec. 3. (a) To receive payment of an ELTF indemnity claim, a claimant must: (1) submit to the administrator a claim, consisting of a request for indemnification of a third party, containing any information required by the administrator; and (2) forward a copy of the claim to the …

Sec. 6. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with a request for payment from the ELTF commits a Level 6 felony. As added by P.L.137-2007, SEC.26. Amended by P.L.158-2013, SEC.193; P.L.96-2016, SEC.39.

Sec. 1. This article does not limit the following: (1) The formation and operation under IC 8-1-2-89 of a sewage disposal company to provide sewage disposal service to a territory lying in the territory of a district. (2) The granting of a certificate of territorial authority und…

Sec. 2. The granting of a certificate of territorial authority to a sewage disposal company under IC 8-1-2-89 for a territory lying in the territory of a district may be conditioned upon the following requirements: (1) That the sewage disposal company connect the company's collec…

Sec. 3. A sewage disposal company that is subject to the jurisdiction of the Indiana utility regulatory commission under IC 8-1-2-89, and all of the territory lying in the area to which the company holds a certificate of territorial authority, is exempt from all ordinances and ru…

Sec. 1. This chapter applies to actions brought by the state or a person. However, this chapter does not apply to an action brought by the state if the action arises from a site: (1) that is listed on the National Priorities List for hazardous substance response sites (40 CFR 300…

Sec. 2. A person may, regardless of whether the person caused or contributed to the release of a hazardous substance or petroleum into the surface or subsurface soil or groundwater that poses a risk to human health and the environment, bring an environmental legal action against …

Sec. 2.5. IC 34-11-2-11.5 applies to an environmental legal action brought under section 2 of this chapter. As added by P.L.154-2011, SEC.2.