Title 13, TITLE 13. ENVIRONMENT

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. 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 (d), 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: …

testing, or permit access; right of entry 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, …

federal law 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 (…

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…

on a brownfield 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 unde…

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…

procedures 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 administrati…

action costs claim 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…

mandatory use for corrective actions 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 o…

underground 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 petrol…

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.

subrogation; actions to recover costs 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 Uni…

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(c)(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 …

Sec. 10. A person may dispose of a whole waste tire at a land excavation associated with a mineral extraction operation if the: (1) person: (A) owns the whole waste tire; and (B) owns or leases the disposal site; and (2) waste tire: (A) has a: (i) bead width of at least fourteen …

Sec. 2. (a) In each retail establishment in which a retailer sells new tires, the retailer shall post in a conspicuous place a written notice that bears the following statements: "Do not put waste tires in the trash." "Recycle your waste tires." "State law requires us to accept y…

Sec. 3. (a) A retailer who sells new tires to a person shall accept waste tires that the person presents to the retailer at the place where possession of the new tires is transferred to the person. (b) The number of waste tires that a retailer is required to accept from a person …

retention and furnishing of manifest copies Sec. 5. (a) A person may not act as a waste tire transporter, as defined in IC 13-11-2-252, unless the person is registered with the department as a waste tire transporter. To apply for a certificate of registration as a waste tire tran…

Sec. 5.3. A person that is the source of more than twelve (12) waste tires per year, or the equivalent in passenger tire equivalents, including tire retailers, auto salvagers, and sellers of used tires, shall: (1) retain a copy of manifests received from a waste tire transporter …

Sec. 5.6. (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. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. [Pre-1996 Recodification Citation: 13-7-23.2-14.] As added by P.L.1-1996, SEC.10. Amended by P.L.37-2012, SEC.39; P.L.133-2012, SEC.146.

Sec. 7. (a) The commissioner may proceed in court, by appropriate action, to: (1) compel a person responsible for the improper disposal 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. 8. The commissioner may proceed in the appropriate court to recover costs and damages from a person who: (1) is responsible for the improper disposal of waste tires; and (2) fails, without sufficient cause, to properly undertake a removal or remedial action under section 7 o…

Sec. 9.5. (a) Except as provided in rules adopted under subsection (c), an operator of a transfer station shall remove whole waste tires present in solid waste that is being transferred from a vehicle or container to another vehicle or container at the transfer station. (b) Whole…

Sec. 1. (a) A board: (1) may; and (2) if necessary to pay principal or interest on any bonds issued under this article or IC 13-9.5-9 (repealed), shall; establish solid waste management fees in addition to fees imposed under IC 13-21-13 or IC 13-9.5-7 (before its repeal) that app…

Sec. 2. The board may fix the solid waste management fees on the basis of the following: (1) A flat charge for each residence or building in use in the waste management district. (2) The weight or volume of the refuse received. (3) The average number of containers or bags of refu…

Sec. 3. (a) The collection of the fees authorized by this chapter may be effectuated through a periodic billing system. (b) After June 30, 2019, a unit may not enact an ordinance requiring a solid waste hauler or a person who operates a vehicle in which recyclable material is tra…

Sec. 4. The board may exercise reasonable discretion in adopting differing schedules of fees based upon variations in the following: (1) The cost of furnishing the services included within this chapter to various classes of owners of property or of generators of solid waste withi…

Sec. 5. (a) Fees shall be established only after public notice and a public hearing before the board at which: (1) all persons using facilities, owning property, or generating solid waste within the district who are benefited by solid waste management; and (2) other interested pe…

Sec. 6. An action to contest: (1) the validity of the fees adopted; or (2) the procedure by which the fees were adopted; must be brought within thirty (30) days following the adoption of the fees under section 5 of this chapter. [Pre-1996 Recodification Citation: 13-9.5-9-2(f).] …

Sec. 7. Fees imposed under this chapter may be used, together with any other revenues, to pay any of the following: (1) The cost of facilities for solid waste management. (2) The operation and maintenance of facilities. (3) The charges that may be pledged to the payment of princi…

Sec. 8. If a fee established is not paid within the time fixed by the board, the amount, together with: (1) a penalty of twenty-five dollars ($25); and (2) a reasonable attorney's fee; may be recovered in a civil action in the name of the district. [Pre-1996 Recodification Citati…

Sec. 9. A district may not exercise its authority under this chapter to impose a fee on the: (1) owner of real or personal property that is used solely as a transfer station; or (2) operation of a transfer station. As added by P.L.130-1996, SEC.1.

Sec. 1. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 shall be enforced under IC 13-30-3. [Pre-1996 Recodification Citation: 13-7-8.5-8(a).] As added by P.L.1-1996, SEC.12.

Sec. 2. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 are subject to the emergency procedures under IC 13-14-10 and IC 13-24-2. [Pre-1996 Recodification Citation: 13-7-8.5-8(b).] As added by P.L.1-1996, SEC.12.

Sec. 3. A violation of a provision of IC 13-22-2 through IC 13-22-8 or IC 13-22-13 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 violation of a provision of IC 13-22-2 through IC 13-22-8 or IC 13-22-13 may lea…

Sec. 1. (a) Except as provided in IC 13-23-1-4, this article shall be enforced under IC 13-30-3. (b) Except as provided in sections 2, 3, and 4 of this chapter, violations of this article are subject to the penalties imposed by the following: (1) IC 13-30-4. (2) IC 13-30-5. (3) I…