Title 13, ENVIRONMENT

Sec. 121. (a) "Low level radioactive waste", for purposes of IC 13-22-10, means radioactive material that: (1) is not: (A) high level radioactive waste; (B) spent nuclear fuel; or (C) byproduct material; and (2) is classified by the United States Nuclear Regulatory Commission, in…

Sec. 122. "Major modification", for purposes of IC 13-15-4, when applied to a solid waste permit, means any change in a permitted solid waste facility that would: (1) increase the facility's permitted capacity to process or dispose of solid waste by the lesser of: (A) more than t…

Sec. 123. "Major permit", for purposes of IC 13-18-20, refers to a NPDES permit: (1) as classified by the Region V Regional Administrator of the United States Environmental Protection Agency and the commissioner; and (2) as set forth in the Major Dischargers List developed by the…

Sec. 124. "Management plan", for purposes of IC 13-29-1, means the plan adopted by the commission for the storage, transportation, treatment, and disposal of waste within the region. [Pre-1996 Recodification Citation: 13-5-9-2 part.] As added by P.L.1-1996, SEC.1.

Sec. 125. "Manifest", for purposes of environmental management laws except IC 13-20-4-7, means the form used for identifying the: (1) quantity; (2) composition; and (3) origin, routing, and destination; of hazardous waste during its transportation from the point of generation to …

Sec. 126. (a) "Manufacturer", for purposes of IC 13-20-16, means a person who is engaged in the business of making lead acid batteries: (1) in Indiana; or (2) for sale in Indiana. (b) "Manufacturer", for purposes of sections 179.9, 180.1, 195.7, and 245.4 of this chapter and IC 1…

Sec. 126.5. "Manure" means the following: (1) Liquid or solid animal excreta. (2) Waste liquid generated at a livestock or poultry production area, including the following: (A) Excess drinking water. (B) Cleanup water. (C) Contaminated livestock truck or trailer washwater. (D) Mi…

Sec. 126.9. "Mass balance attribution" means a chain of custody accounting methodology with rules defined by a third party certification system that enables the attribution of the mass of advanced recycling feedstocks to one (1) or more advanced recycling products. As added by P.…

Sec. 127. "Mass balance calculation", for purposes of IC 13-27, means a determination of the annual quantities of each toxic material that is: (1) transported to; (2) produced at; (3) used at; (4) accumulated or stored at; (5) released from; or (6) transported from; a business or…

Sec. 128. "Material safety data sheet", for purposes of IC 13-20-17.5 and IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049. [Pre-1996 Recodification Citation: 13-7-37-6.] As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.4.

Sec. 128.3. "Mercury-added novelty", for purposes of IC 13-20-17.5, means a mercury-added product intended mainly for personal or household enjoyment or adornment, including: (1) items intended for use as practical jokes; (2) figurines; (3) adornments; (4) toys; (5) games; (6) ca…

Sec. 128.5. (a) "Mercury-added product", for purposes of this chapter and IC 13-20-17.5, means: (1) a product that contains: (A) elemental mercury; (B) metallic mercury in an alloy; (C) inorganic mercury salt; or (D) organic mercury; intentionally added by the manufacturer in ord…

Sec. 128.6. "Mercury commodity", for purposes of this chapter and IC 13-20-17.5, means a product that consists of only mercury and its container (such as a container of mercury that is opened and from which mercury is put into a mercury-added product) if the mercury is not perfor…

Sec. 128.7. "Mercury fever thermometer", for purposes of IC 13-20-17.5, means a mercury-added product that: (1) is a thermometer or another medical or scientific instrument; and (2) is used for measuring body temperature. As added by P.L.225-2001, SEC.8.

Sec. 128.8. "Mercury switch", for purposes of IC 13-20-17.7, means a convenience light switch that: (1) is located in the hood or trunk lid of a motor vehicle; and (2) contains mercury. As added by P.L.170-2006, SEC.7. Amended by P.L.112-2016, SEC.8.

Sec. 129. "MGD" refers to millions of gallons per day. [Pre-1996 Recodification Citation: 13-7-16.1-1(f).] As added by P.L.1-1996, SEC.1.

Sec. 129.6. "Military base", for purposes of IC 13-15-3-1.3, means a United States or an Indiana government military installation that: (1) has an area of at least sixty thousand (60,000) acres and is used for the design, construction, maintenance, and testing of electronic devic…

Sec. 13. "Asbestos project", for purposes of IC 13-17-6, means an activity involving the: (1) abatement; (2) removal; (3) renovation; (4) enclosure; (5) repair; or (6) encapsulation; of asbestos containing material. [Pre-1996 Recodification Citation: 13-1-1-2(m), (h) part.] As ad…

Sec. 130. "Minor permit", for purposes of IC 13-18-20, refers to a NPDES permit that is not a major permit. [Pre-1996 Recodification Citation: 13-7-16.1-1(g).] As added by P.L.1-1996, SEC.1.

Sec. 130.1. "Motor vehicle", for purposes of this chapter, means a vehicle that is self-propelled on a highway in Indiana. The term does not include a farm tractor or a motor driven cycle. As added by P.L.170-2006, SEC.8. Amended by P.L.221-2014, SEC.85; P.L.112-2016, SEC.9.

Sec. 130.2. "Motor vehicle manufacturer", for purposes of this chapter, means a person that is engaged in the business of manufacturing or assembling new motor vehicles for sale to any of the following: (1) Dealers. (2) Wholesale dealers. (3) Distributors. (4) The general public.…

Sec. 130.3. "Motor vehicle recycler", for purposes of IC 13-20-17.7, means any of the following: (1) An automotive salvage recycler. (2) An automobile scrapyard. (3) A hulk crusher. (4) A scrap metal processor. (5) A vehicle disposal facility. As added by P.L.170-2006, SEC.10. Am…

Sec. 130.6. "MS4 community", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-8. As added by P.L.248-2019, SEC.7.

Sec. 131. "Multimedia", for purposes of IC 13-27, refers to: (1) air; (2) water; (3) land; and (4) workplace environmental; media into which pollutants and wastes are emitted, released, discharged, or disposed. [Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-13.] As add…

Sec. 132. "Municipal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to any of the following: (1) A publicly owned treatment works (as defined in 33 U.S.C. 1292(2)) that is not state owned. (2) A conservancy district (as defined in IC 14-8-2-72(3)). (3) A re…

Sec. 133. (a) "Municipal waste", for purposes of: (1) IC 13-20-4; (2) IC 13-20-6; (3) IC 13-20-21; (4) IC 13-20-23; (5) IC 13-20.5-10; (6) IC 13-22-1 through IC 13-22-8; and (7) IC 13-22-13 through IC 13-22-14; means any garbage, refuse, industrial lunchroom or office waste, and …

Sec. 135. "Municipality" means a city or town. [Pre-1996 Recodification Citation: 13-3-2-1 part.] As added by P.L.1-1996, SEC.1.

Sec. 136. "National contingency plan", for purposes of IC 13-25-4, refers to the plan that: (1) was established and is revised by the President of the United States; and (2) includes the national hazardous substance response plan that is required under Section 105 of CERCLA (42 U…

Sec. 136.5. "National mercury switch recovery program", for purposes of IC 13-20-17.7, means a national program: (1) that accomplishes, as determined by the commissioner, the goals of IC 13-20-17.7; and (2) in which the state participates. As added by P.L.170-2006, SEC.11. Amende…

Sec. 137. "Natural resources", for purposes of IC 13-25-4, means: (1) land; (2) fish; (3) wildlife; (4) biota; (5) air; (6) water; (7) ground water; (8) drinking water supplies; and (9) other similar resources; belonging to, managed by, held in trust by, appertaining to, or other…

Sec. 138. "Navigable waters" means waters of the United States (as defined in the federal Clean Water Act (33 U.S.C. 1362(7))). [Pre-1996 Recodification Citation: 13-7-12-4(d).] As added by P.L.1-1996, SEC.1. Amended by P.L.135-2026, SEC.25.

Sec. 138.5. For purposes of IC 13-30-10-1.5, a person acts "negligently" when: (1) the person acts with a conscious and voluntary disregard for a standard of care that a reasonable person would exercise in the same circumstance; (2) the consequence of the person's action is likel…

Sec. 139. "Net revenues", for purposes of IC 13-21, means: (1) the amount of revenues received by a county or joint solid waste management district from the operation and ownership of facilities; less (2) the reasonable expenses of the: (A) operation; (B) repair; and (C) maintena…

Sec. 14. "Assistance", for purposes of IC 13-14-10-3, means supplies, materials, services, and equipment to: (1) prevent the discharge of any contaminant; or (2) control, contain, isolate, neutralize, remove, store, or dispose of any contaminant already discharged into or on the …

Sec. 140. (a) "New tire", for purposes of IC 13-20-13 and IC 13-20-14, means a tire that has never been mounted on a wheel of a vehicle. (b) For purposes of IC 13-20-13, the term does not include a retreaded tire. [Pre-1996 Recodification Citations: 13-7-23-10.3(a); 13-7-23.2-2.]…

Sec. 140.8. (a) "Noncommunity public water system" means a public water system that: (1) has at least fifteen (15) service connections used by nonresidents; or (2) regularly serves an average of at least twenty-five (25) nonresident individuals daily for at least sixty (60) days …

Sec. 141. "Noncontact cooling water", for purposes of IC 13-18-20, means cooling water: (1) that is discharged to waters of Indiana; (2) that is used for the sole purpose of removing unwanted heat from a process, generally through a heat exchanger; and (3) that does not otherwise…

Sec. 142. "Nonoperational storage tank", for purposes of IC 13-23, means an underground storage tank: (1) in which regulated substances are not deposited; or (2) from which regulated substances are not dispensed; after November 8, 1984. [Pre-1996 Recodification Citation: 13-7-20-…

Sec. 142.3. "Nonprofit corporation", for purposes of this chapter and IC 13-25-4-8, refers to a nonprofit corporation: (1) that is exempt from income taxation under 26 U.S.C. 501; (2) for which the primary purpose, as identified in the corporation's articles of incorporation, is …

Sec. 142.6. "Nonpublic school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-12. As added by P.L.225-2001, SEC.9. Amended by P.L.1-2005, SEC.141.

Sec. 142.7. "Nontransient noncommunity water system", for purposes of IC 13-18-17 and IC 13-18-20.5, means a public water system that is not a community water system that regularly serves the same twenty-five (25) or more persons at least six (6) months per year. As added by P.L.…

Sec. 144. (a) "Oil", for purposes of IC 13-24-2, means oil of any kind or in any form. (b) The term includes the following: (1) Petroleum. (2) Fuel oil. (3) Sludge. (4) Oil refuse. (5) Oil mixed with wastes other than dredged spoil. (c) The term does not include petroleum, includ…

Sec. 144.7. (a) For purposes of IC 13-18-12, "onsite residential sewage discharging disposal system" means a sewage disposal system that: (1) is located on a site with and serves a one (1) or two (2) family residence; and (2) discharges effluent offsite. (b) The term includes a s…

Sec. 144.8. "Onsite sewage system" means all equipment and devices necessary for proper: (1) onsite: (A) conduction; (B) collection; (C) storage; and (D) treatment; and (2) absorption in soil; of sewage from a residence, municipality, publicly owned treatment works, or commercial…

Sec. 145. "Open burning", for purposes of environmental management laws, means the combustion of any matter in the open or in an open dump. [Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-15.] As added by P.L.1-1996, SEC.1.

Sec. 146. "Open dump", for purposes of environmental management laws, means the consolidation of solid waste from one (1) or more sources or the disposal of solid waste at a single disposal site that: (1) does not fulfill the requirements of a sanitary landfill or other land disp…