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Indiana Statutes, Title 13

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Indiana/Statutes

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Title 13, ENVIRONMENT

201 chapters · 1,734 sections in this title.

All chapters in Title 131,734 Ch 2, Definitions516 Ch 3, Environmental Policy124 Ch 1, General Provisions113 Ch 4, Environmental Impact Statements108 Ch 5, State Environmental Protection Hierarchy91 Ch 8, Environmental Rules Board77 Ch 9, Rulemaking Procedures67 Ch 10, General Emergency Procedures65 Ch 11, Records of the Department and Boards64 Ch 7, Assignment of Rulemaking Authority58 Ch 6, Criminal Liability of Corporate Officers55 Ch 12, Environmental Management Special Fund55 Ch 13, Electronic Applications and Reports53 Ch 14, Interstate Sewage32

1,734 sections·Filtered byTitle 13✕

Ind. Code § 13-30-9-3 Allocation of costs of removal or remedial action
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Sec. 3. (a) In resolving an environmental legal action, a court shall allocate the costs of the removal or remedial action in proportion to the acts or omissions of each party, without regard to any theory of joint and several liability, using legal and equitable factors that the…
Ind. Code § 13-30-9-4 Payment of unrecovered costs
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Sec. 4. If the commissioner is not able to recover the total costs of a removal or remedial action from the responsible parties under this chapter, the unrecovered costs may be paid from the hazardous substances response trust fund established under IC 13-25-4-1. As added by P.L.…
Ind. Code § 13-30-9-5 Defenses
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Sec. 5. A defendant in an environmental legal action may assert defenses provided by law or equity, including a defense that damages suffered by the person who brought the environmental legal action were caused in whole or in part by a nonparty. As added by P.L.59-1997, SEC.23.
Ind. Code § 13-30-9-6 Restrictions on actions involving underground storage tanks
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Sec. 6. In an action to recover costs associated with a release from an underground storage tank, a person may bring the action under: (1) this chapter; or (2) IC 13-23-13-8. A person may not bring the action under both this chapter and IC 13-23-13-8. As added by P.L.59-1997, SEC…

Ind. Code § 13-30-9-7 Immunity from actions

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Sec. 7. Notwithstanding any provision of this chapter, a person that receives a covenant not to sue under IC 13-25-5-18 is exempt from suit as provided in IC 13-25-5-18. As added by P.L.59-1997, SEC.23. Amended by P.L.23-2026, SEC.102.

Ind. Code § 13-30-9-8 Limited construction

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Sec. 8. This chapter may not be construed to affect any litigation filed before February 28, 1998, under IC 13-23-13. As added by P.L.59-1997, SEC.23.

Ind. Code § 13-20.5-9-1 Department of administration to ensure state agency compliance with program

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Sec. 1. The Indiana department of administration shall ensure that acquisitions of video display devices by state agencies comply with or are not subject to this article. As added by P.L.178-2009, SEC.27.

Ind. Code § 13-20.5-9-2 State contractor compliance with program

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Sec. 2. State agency solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to the prospective responder's records and documents to demonstrate compliance with this article. As added by P.L.178-2009, SEC.27…

Ind. Code § 13-20.5-9-3 Sanctions on state contractor that violates program

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Sec. 3. A person awarded a contract by a state agency for purchase or lease of video display devices that is found to be in violation of this article is subject to the following sanctions: (1) The contract is void if the Indiana department of administration determines that the po…

Ind. Code § 13-14-10-1 Emergency order; notice; compliance

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Sec. 1. (a) Whenever the commissioner concludes, in consultation with the commissioner of the Indiana department of health, that contamination of air, water, or land in any area has reached the point where the contamination constitutes a clear and present danger to the health and…

Ind. Code § 13-14-10-2 Suit on behalf of state to restrain person contributing to pollution

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Sec. 2. (a) Upon receipt of evidence that a pollution source or combination of sources, including an industrial user of a publicly owned treatment plant, is presenting an imminent and substantial endangerment to: (1) the health of persons; or (2) the welfare of persons whose live…

Ind. Code § 13-14-10-3 Emergency assistance

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Sec. 3. (a) The commissioner may order and provide assistance to abate or remedy an emergency, on private or public property, caused by the discharge or impending discharge of any contaminant into or on the air, land, or waters of Indiana that poses an imminent and substantial da…

Ind. Code § 13-15-10-1 Training and certification program

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Sec. 1. The board may adopt rules to establish a department operated training and certification program for the following: (1) Operators of solid waste incinerators and waste to energy facilities. (2) Operators of land disposal sites. (3) Operators of facilities described under I…

Ind. Code § 13-15-10-2 Necessity for certification

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Sec. 2. A person may not obtain or renew a permit for a facility listed in section 1 of this chapter unless the facility is operated by an individual who is certified under this chapter. [Pre-1996 Recodification Citation: 13-7-10-1.2(b).] As added by P.L.1-1996, SEC.5.

Ind. Code § 13-15-10-3 Establishment of trust fund; expenses

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Sec. 3. (a) The waste facility operator trust fund is established. The department shall deposit fees collected under this chapter in the fund. (b) Money in the fund shall be used for paying the expenses of the training and certification program described in this chapter. [Pre-199…

Ind. Code § 13-15-10-4 Rules

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Sec. 4. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. The rules may include the following: (1) Requirements for certification that consider any training that is required by state rule or federal regulation. (2) Mandatory testing and retrainin…

Ind. Code § 13-15-10-5 Fees

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Sec. 5. (a) The board shall establish by rule and cause to be collected fees for the following: (1) Examination of applicants for certification. (2) Issuance, renewal, or transfer of a certificate. (3) Restoration of an expired certificate when that action is authorized by law. (…

Ind. Code § 13-15-10-6 Method of payment of fees; refunds

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Sec. 6. (a) For the payment of fees under this chapter, the department shall accept any of the following: (1) Cash. (2) A draft. (3) A money order. (4) A cashier's, certified, or personal check. (5) An electronic fund transfer, if the department makes payment by this means availa…

Ind. Code § 13-17-10-1 Permit required

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Sec. 1. A person may not incinerate PCB in an incinerator unless the person holds a permit issued by the commissioner specifically authorizing the incineration of PCB in the incinerator. [Pre-1996 Recodification Citation: 13-7-16.5-9(b).] As added by P.L.1-1996, SEC.7. Amended by…

Ind. Code § 13-18-10-1 Department approval necessary for confined feeding operations

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Sec. 1. (a) A person may not start: (1) construction of a confined feeding operation; or (2) expansion of a confined feeding operation that increases: (A) animal capacity; or (B) manure containment capacity; or (C) both; without obtaining the prior approval of the department. (b)…

Ind. Code § 13-18-10-1.3 Preapplication meeting

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Sec. 1.3. (a) A potential applicant may request a preapplication meeting with the department, which requires the following: (1) The potential applicant to submit the engineered designs of: (A) a manure treatment facility; (B) a control facility; or (C) an animal feeding structure…

Ind. Code § 13-18-10-1.4 Disclosure statement for confined feeding operation application

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Sec. 1.4. (a) Subject to subsection (b), an application for approval under section 1 of this chapter must include for each responsible party the disclosure statement referred to in subsection (c) if either or both of the following apply: (1) State or federal officials at any time…

Ind. Code § 13-18-10-1.9 Application of the law to certain confined feeding operations

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Sec. 1.9. (a) This section applies: (1) to a confined feeding operation for which a person is required to submit an application for approval under section 1 of this chapter if an application for approval under section 1 of this chapter submitted with respect to the confined feedi…

Ind. Code § 13-18-10-2 Application for approval; notice requirements; renewal of approval; approval of manure management system

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Sec. 2. (a) An application for an approval under section 1 of this chapter must be submitted on a form provided by the department. An applicant must submit the completed application form to the department together with the following: (1) Plans and specifications for the design an…

Ind. Code § 13-18-10-2.1 Approval procedure; requirements; denial or revocation of approval

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Sec. 2.1. (a) The department: (1) shall make a determination on an application submitted under section 2 of this chapter not later than ninety (90) days after the date the department receives the completed application, including all required supplemental information, unless the d…

Ind. Code § 13-18-10-2.2 Affidavit after construction or expansion; approval to construct or expand remains effective as operating approval

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Sec. 2.2. (a) Not more than thirty (30) days after the completion of construction or expansion of a confined feeding operation, the applicant shall execute and send to the department an affidavit that affirms under penalties of perjury that the confined feeding operation: (1) was…

Ind. Code § 13-18-10-2.4 Solid manure requirements

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Sec. 2.4. (a) Except as provided in subsection (b), the department may not require an applicant that applies for approval under section 1 of this chapter for a facility that will contain solid manure produced from livestock on: (1) strawpack; or (2) dry pack bedding; to implement…

Ind. Code § 13-18-10-2.5 Changes to an existing approved facility or structure

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Sec. 2.5. The department may not require a person who has received an approval under section 1 of this chapter to update or make changes to an existing approved facility or structure as part of a new application if the new facility or structure does not impact the existing approv…

Ind. Code § 13-18-10-2.6 Compliance and technical assistance program

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Sec. 2.6. The department shall establish a compliance and technical assistance program for owners and operators of confined feeding operations that may be administered by: (1) the department; (2) a state college or university; or (3) a contractor. As added by P.L.125-1997, SEC.8.…

Ind. Code § 13-18-10-2.8 Department point of contact

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Sec. 2.8. The department shall: (1) designate an employee as the point of contact for applicants and interested applicants to submit questions concerning the application process described in this chapter; and (2) distribute the designated employee's contact information to all ope…

Ind. Code § 13-18-10-3 Enforcement of chapter

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Sec. 3. This chapter, including requirements established in a department approval under section 2 of this chapter, may be enforced under IC 13-30-3 or IC 13-14-2-6. [Pre-1996 Recodification Citation: 13-1-5.7-4.] As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.9.

Ind. Code § 13-18-10-4 Rules, policies, and statements; uniform standards

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Sec. 4. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 and the department may adopt policies or statements under IC 13-14-1-11.5 that are necessary for the proper administration of this chapter. The rules, policies, or statements may concern construction, expansion,…

Ind. Code § 13-18-10-4.5 Earthen berm regulations

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Sec. 4.5. (a) A person that installs an earthen berm at a manure storage facility shall do the following: (1) Stabilize the earthen berm with vegetation or alternative erosion control measures. (2) Maintain the earthern berm to allow for visual inspection for conditions that may …

Ind. Code § 13-18-10-5 Injunctive relief

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Sec. 5. The department may seek injunctive relief under this chapter. [Pre-1996 Recodification Citation: 13-1-5.7-6.] As added by P.L.1-1996, SEC.8. Amended by P.L.125-1997, SEC.11.

Ind. Code § 13-18-10-6 Violations; penalties

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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…

Ind. Code § 13-20-10-1 Applicability of chapter

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Sec. 1. (a) This chapter applies to composting (as defined in IC 13-11-2-38) of vegetative matter and other organic material. (b) This chapter does not apply to the following: (1) A person who conducts a composting operation on the person's property for vegetative matter and othe…

Ind. Code § 13-20-10-10 Rules

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Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. [Pre-1996 Recodification Citation: 13-7-35-10.] As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012, SEC.143.

Ind. Code § 13-20-10-2 Registration of facility required for operation

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Sec. 2. A person may operate a composting facility only if the person registers the composting facility with the department. [Pre-1996 Recodification Citation: 13-7-35-4.] As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.8.

Ind. Code § 13-20-10-3 Registration applications; contents

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Sec. 3. To register a composting facility with the department, a person must submit an application to the department that contains the following: (1) A: (A) legal description; and (B) topographic map; of the site on which the composting facility will be located. (2) A description…

Ind. Code § 13-20-10-4 Location of active areas of facilities

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Sec. 4. (a) Except as provided in sections 5 and 6 of this chapter, the active area of a composting facility may not be located within: (1) two hundred (200) feet of a well that supplies potable water; or (2) two hundred (200) feet of a residential structure that exists at the ti…

Ind. Code § 13-20-10-5 Local ordinance on distance between composting facility and residence

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Sec. 5. A unit of local government may adopt an ordinance providing the distance required between the active area of a composting facility and an existing residence. An ordinance adopted under this section may not do any of the following: (1) Allow the active area of a composting…

Ind. Code § 13-20-10-6 Conditions under which composting facility may be located less than 200 feet from residence

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Sec. 6. The active area of a composting facility may be located less than two hundred (200) feet from a residence if: (1) no unit of local government with jurisdiction over: (A) the residence; or (B) the composting facility; has adopted an ordinance under section 5 of this chapte…

Ind. Code § 13-20-10-7 Annual reports

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Sec. 7. A person who operates a composting facility that must be registered under this chapter shall submit an annual report to the department: (1) before February 1 of each year; and (2) that indicates the volume of material processed by the composting facility during the preced…

Ind. Code § 13-20-10-8 Expiration and renewal of registrations

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Sec. 8. (a) The department shall approve an application for registration of a composting facility under this chapter or renewal of a registration if the applicant meets the requirements of this chapter and rules adopted by the board. (b) The department may deny an application for…

Ind. Code § 13-20-10-9 Combination of vegetative matter with solid waste prohibited

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Sec. 9. Except as provided in IC 13-20-9-1, a person may not knowingly combine vegetative matter resulting from landscaping maintenance and land clearing projects that is intended for: (1) collection; and (2) disposal at a solid waste landfill; with another type of solid waste. […

Ind. Code § 13-21-10-1 Issuance of bonds to refund outstanding bonds

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Sec. 1. If a board finds that a refunding of outstanding bonds would: (1) be of benefit to the health and welfare of the district; and (2) comply with the purposes and provisions of this article; the board may authorize the issuance of bonds under IC 5-1-5 to refund outstanding b…

Ind. Code § 13-22-10-23 Effects of granting certificate; limitations of local government

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Sec. 23. (a) A: (1) certificate of environmental compatibility granted under: (A) IC 13-7-8.6 (before its repeal); or (B) this chapter (before the expiration of the sections of this chapter authorizing the hazardous waste facility site approval authority to grant certificates of …

Ind. Code § 13-22-10-5 Approval of construction

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Sec. 5. (a) This section does not apply to a person who applied for a certificate of environmental compatibility under IC 13-7-8.6 (before its repeal) before July 1, 1995. (b) A person who proposes to construct a hazardous waste disposal facility permitted under IC 13-22, a comme…

Ind. Code § 13-26-10-1 Issuance of revenue bonds

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Sec. 1. A district may obtain money for the payment of the costs of the works or an improvement, enlargement, or extension of the works by the issuance of revenue bonds of the district. The principal and interest of the revenue bonds must be paid solely from the net revenues of t…

Ind. Code § 13-26-10-10 Loans from federal or state agency

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Sec. 10. The fund to finance the construction of any of the self-liquidating works authorized by this article may be obtained from a federal or state agency. [Pre-1996 Recodification Citation: 13-3-2-17(f) part.] As added by P.L.1-1996, SEC.16.