Title 13, TITLE 13. ENVIRONMENT
201 chapters · 1,917 sections in this title.
Ind. Code § 13-30-9-2.5 Recovery of certain costs
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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.
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 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.
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
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compliance with program 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
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pollution 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 …
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 shall 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…
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 shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. The rules must include the following: (1) Requirements for certification that consider any training that is required by state rule or federal regulation. (2) Mandatory testing and retrai…
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 and recommendation of local plan commission
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Sec. 1. A person may not incinerate PCB in an incinerator unless the person: (1) holds a permit issued by the commissioner specifically authorizing the incineration of PCB in the incinerator; and (2) has received the recommendation of the local plan commission that has jurisdicti…
Ind. Code § 13-17-10-2 Study required
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Sec. 2. The commissioner may not: (1) issue; or (2) consider an application for; a permit specifically authorizing the incineration of PCB until the study required by section 3 of this chapter is concluded. [Pre-1996 Recodification Citation: 13-7-16.5-9(c).] As added by P.L.1-199…
Ind. Code § 13-17-10-3 Alternative PCB technologies; study
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Sec. 3. The department, in cooperation with the United States Environmental Protection Agency, an applicant for a permit issued under this chapter, and a city or town in which an incinerator described under section 1 of this chapter is or will be located, shall conduct a study of…
Ind. Code § 13-17-10-4 Alternative PCB technologies; period for study; report
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Sec. 4. (a) The study required by section 3 of this chapter must be concluded before January 1, 1996. (b) At the conclusion of the study the commissioner shall prepare a report setting forth the results of the study. The commissioner shall: (1) present the report to: (A) the gove…
Ind. Code § 13-18-10-1 Department approval necessary for confined feeding
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operations 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 depa…
Ind. Code § 13-18-10-1.4 Disclosure statement for confined feeding operation
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application 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…
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
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approval; approval of manure management system 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:…
Ind. Code § 13-18-10-2.1 Approval procedure; requirements; denial or revocation of
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approval 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, unl…
Ind. Code § 13-18-10-2.2 Affidavit after construction or expansion; approval to
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construct or expand remains effective as operating approval 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 penal…
Ind. Code § 13-18-10-2.3 Repealed
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As added by P.L.125-1997, SEC.7. Repealed by P.L.199-2014, SEC.5.
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 § 13-18-10-3 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 § 13-18-10-5 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
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residence 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 …
Ind. Code § 13-20-10-6 Conditions under which composting facility may be located less
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than 200 feet from residence 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 u…
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 § 13-22-10-1 Repealed
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[Pre-1996 Recodification Citation: 13-7-8.6-2.3.] As added by P.L.1-1996, SEC.12. Repealed by P.L.124-1996, SEC.30.
Ind. Code § 13-22-10-10 Repealed
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As added by P.L.124-1996, SEC.16. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-22-10-11 Repealed
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As added by P.L.124-1996, SEC.17. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-22-10-12 Repealed
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As added by P.L.124-1996, SEC.18. Repealed by P.L.1-2001, SEC.51.
Ind. Code § 13-22-10-13 Repealed
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As added by P.L.124-1996, SEC.19. Repealed by P.L.1-2001, SEC.51.