Title 13, ENVIRONMENT

Sec. 1.5. A person that stores waste tires shall do so in a manner that: (1) does not pose a threat to human health or the environment; (2) does not pose a fire hazard; and (3) controls vectors that pose a threat to human health. As added by P.L.93-1998, SEC.5.

Sec. 11. (a) Any rules adopted by the board for waste tires and used tires must include the following: (1) Requirements for the registration of waste tire storage sites and waste tire processing operations. (2) Requirements concerning the following: (A) The operation of waste tir…

Sec. 12. A person that obtains a certificate of registration under this chapter is not required to obtain a solid waste processing facility permit referred to in section 1 of this chapter: (1) for activities covered under the registration, including the: (A) baling; (B) transferr…

Sec. 13. (a) The commissioner may proceed in court, by appropriate action, to: (1) compel a person responsible for the improper storage of waste tires to undertake a removal or remedial action with respect to the waste tires; or (2) obtain an order to enter upon private or public…

Sec. 14. The commissioner may proceed in the appropriate court to recover costs and damages from a person who: (1) is responsible for the improper storage of waste tires; and (2) fails, without sufficient cause, to properly undertake a removal or remedial action under section 13 …

Sec. 15. The department shall operate a waste tire education program to inform the public concerning the following issues: (1) Proper waste tire management procedures. (2) Methods to minimize the production of waste tires, including information concerning the advantages of using …

Sec. 17. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for a loan or grant from the fund commits a Level 6 felony. As added by P.L.137-2007, SEC.18. Amended by P.L.158-2013, SEC.188.

Sec. 2. A person may not create or maintain a waste tire storage site or waste tire processing operation unless the person: (1) has registered the waste tire storage site or waste tire processing operation under this chapter or IC 13-7-23 (before its repeal); and (2) holds a vali…

Sec. 3. (a) The commissioner shall issue a waste tire storage site or waste tire processing operation certificate of registration to a person that owns or operates a waste tire storage site or waste tire processing operation if the person complies with the requirements of this ch…

Sec. 4. (a) To apply for a certificate of registration under section 3 of this chapter, a person must submit the following to the department: (1) A description of the location of the: (A) waste tire storage site; or (B) waste tire processing operation. (2) A description of buildi…

Note: This version of section amended by P.L.135-2026, SEC.197, effective 7-1-2026. See also following version of this section amended by P.L.152-2026, SEC.207, effective 7-1-2027. Sec. 5. A person that obtains a certificate of registration under section 3 of this chapter must do…

Sec. 5.5. (a) A certificate of registration issued by the department under this chapter may be revoked or modified by the commissioner, or by a designated staff member of the department, after notification in writing is sent in accordance with IC 13-14-2-1 to the holder of the ce…

Sec. 6. (a) The department shall operate a waste tire storage site and waste tire processing operation inspection program. (b) A person that obtains a certificate of registration under section 3 of this chapter must allow the department access to the waste tire storage site or wa…

Sec. 7. (a) A fee of twenty-five cents ($0.25) is imposed on the sale of the following: (1) Each new tire that is sold at retail. (2) Each new tire mounted on a new vehicle sold at retail. (b) The person that sells the new tire or vehicle at retail (including a retail merchant th…

Sec. 8. (a) Except as provided in subsection (d)(2), (d)(3), (d)(6), and (d)(7), the waste tire management fund is established for the following purposes: (1) The department may use not more than thirty-five percent (35%) of the money deposited in the fund each year for: (A) the …

Sec. 9. (a) The department may use money in the fund to assist the department in: (1) removing waste tires from sites where waste tires have been disposed of improperly; (2) properly managing waste tires; (3) performing surveillance and enforcement activities used to implement pr…

Sec. 1. (a) A board may impose fees on the disposal of solid waste in a final disposal facility located within the district. A fee imposed by a board in a county with a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,00…

Sec. 2. (a) A board that has imposed fees under section 1 of this chapter shall establish and continuously maintain a separate fund under this section to be known as the "______________ district solid waste management fund". (b) All fees remitted to the district under section 1 o…

Sec. 3. (a) If a board imposes a fee under section 1 of this chapter, the owner or operator of a final disposal facility located within the district is responsible for collecting fees from persons delivering solid waste to the facility. Each owner or operator may do the following…

Sec. 4. A board may not impose a fee under this chapter on the disposal of solid waste by a person that: (1) generated the solid waste; and (2) disposes of the solid waste at a site that is: (A) owned by that person; and (B) limited, for purposes of the disposal of solid waste, t…

Sec. 5. (a) If fees imposed under section 1 of this chapter are based and charged on each ton of solid waste, the owner or operator of a final disposal facility that: (1) annually receives, on the average, less than two hundred (200) tons of solid waste each day; and (2) does not…

Sec. 6. Fees prescribed by this chapter are not: (1) revenues (as defined in IC 36-9-31-2) of a facility (as defined in IC 36-9-31-2); or (2) revenues under: (A) IC 8-1.5; (B) IC 13-21-3-13; (C) IC 13-21-7 through IC 13-21-12; (D) IC 13-21-14; or (E) IC 36-9-30. [Pre-1996 Recodif…

Sec. 1. If, on the basis of any information, the commissioner determines that there is or has been a release of a hazardous waste or a constituent of a hazardous waste into the environment from a facility authorized to operate under interim status under Section 3005(e) of the fed…

Sec. 2. Under section 1 of this chapter, the commissioner or a court may order the performance of corrective action beyond the boundaries of the facility from which the release occurs. However, the commissioner may not order corrective action beyond the boundaries of the facility…

Sec. 3. An order issued by the commissioner under this chapter: (1) must state with reasonable specificity the nature of the corrective action or other response measure required by the order; (2) must specify a time for compliance; and (3) may include a suspension or revocation o…

Sec. 0.2. The amendments made to IC 13-7-20-24 (before its repeal, now partly codified at section 5 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991. As added by P.L.220-2011, SEC.286.

Sec. 1. (a) Subject to subsections (b)(1) and (e), the commissioner may, under rules adopted under IC 13-23-1-2: (1) issue an order under IC 13-14-2-7 or IC 4-21.5-4; or (2) proceed under IC 13-14-2-6; to require the owner or operator of an underground storage tank or aboveground…

Sec. 10. (a) An indemnification agreement, a hold harmless agreement, or other similar agreement or conveyance is not effective to transfer the liability imposed under section 8 of this chapter from: (1) the owner or operator of an: (A) underground storage tank; or (B) abovegroun…

Sec. 11. This chapter does not bar a cause of action that: (1) an owner or operator; (2) a guarantor; or (3) any other person subject to liability under this article; has or would have, by reason of subrogation or otherwise, against any person. [Pre-1996 Recodification Citation: …

Sec. 12. (a) For the purpose of enabling the commissioner to take or to assess the need for corrective action under this chapter or to enforce this article, an owner or operator of an underground storage tank or aboveground storage tank, upon the request of an officer, an employe…

Sec. 13. (a) This article does not bar the commissioner from using any emergency procurement powers existing under law. (b) This article does not bar the commissioner from taking any actions authorized under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 69…

Sec. 14. For purposes of IC 13-11-2-148(e), IC 13-11-2-150(b), and IC 13-11-2-150(c), a person that is a lender and that holds evidence of ownership primarily to protect a security interest in an underground storage tank or aboveground storage tank shall be considered to particip…

Sec. 15. (a) The liability of a fiduciary under this title for the release or threatened release of a hazardous substance at, from, or in connection with an underground storage tank or aboveground storage tank held in a fiduciary capacity shall not exceed the assets held in the f…

Sec. 16. (a) A political subdivision or unit of federal or state government that acquired ownership or control of an underground storage tank or aboveground storage tank on a brownfield by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may undertake any activi…

Sec. 2. The commissioner, under rules adopted under IC 13-23-1-2, may undertake corrective action with respect to any release of a regulated substance into the environment from an underground storage tank or aboveground storage tank if: (1) that action is necessary, in the judgme…

Sec. 3. A corrective action undertaken or required under this chapter may include an exposure assessment. The cost of any exposure assessment undertaken under this chapter may be recovered under section 8 of this chapter as part of the costs of corrective action. [Pre-1996 Recodi…

Sec. 4. In: (1) issuing orders requiring corrective action under section 1 of this chapter; or (2) undertaking corrective action under section 2 of this chapter; the commissioner shall give priority to releases of regulated substances from underground storage tanks or aboveground…

Sec. 5. In issuing orders requiring corrective action under section 1 of this chapter or undertaking corrective action under section 2 of this chapter the commissioner may: (1) require only a limited form of corrective action; and (2) implement streamlined administrative procedur…

Sec. 5.5. (a) Notwithstanding any other provision of this chapter, a person who is not an owner or operator of an underground storage tank or an aboveground storage tank is liable to the state only for corrective action to address a surface spill or overfill of a regulated substa…

Sec. 6. (a) Except as provided in subsection (b), the commissioner, under rules adopted under IC 13-23-1-2, may use money in the petroleum trust fund to pay the following costs and expenses associated with underground petroleum storage tanks or aboveground petroleum storage tanks…

Sec. 7. The commissioner, under rules adopted under IC 13-23-1-2, may use money in the hazardous substances response trust fund to pay the following expenses associated with underground storage tanks used to contain regulated substances other than petroleum: (1) Expenses incurred…

Sec. 7.5. IC 34-11-2-11.5 applies to an action brought under section 8(b) of this chapter. As added by P.L.154-2011, SEC.1.

Sec. 8. (a) Except where an owner or operator can prove that a release from an underground storage tank or aboveground storage tank was caused solely by: (1) an act of God; (2) an act of war; (3) negligence on the part of the state or the United States government; or (4) any comb…

Sec. 9. In determining the equities for seeking the recovery of costs under section 8 of this chapter, the commissioner may consider the following: (1) The amount of financial responsibility required to be maintained under IC 13-23-1-2(b)(6). (2) The factors considered in establi…

Sec. 1. Predominantly domestic sewage and surface run-off or sludges derived from domestic sewage or surface run-off may not be transported through any drain, pipe, railroad car, truck, or barge from another state into Indiana for use in any land filtration or land treatment proj…

Sec. 1. (a) Except as provided in: (1) rules adopted under subsection (d); and (2) section 10 of this chapter; a whole waste tire may not be disposed of at a solid waste landfill. (b) The department may approve shredded or ground up tires for use as daily cover for a solid waste …