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Indiana Statutes, Title 13

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Indiana/Statutes

← All Indiana coverage

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 § 13-18-22-5 Wetland permit requirements; permit exceptions
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Sec. 5. (a) An applicant for a permit issued under this chapter: (1) must demonstrate, as a prerequisite to the issuance of the permit, that wetland activity: (A) is: (i) without reasonable alternative; and (ii) reasonably necessary or appropriate; to achieve a legitimate use pro…
Ind. Code § 13-18-22-6 Compensatory mitigation
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Sec. 6. (a) Except as otherwise specified in subsections (b), (c), (e), (f), and (h), compensatory mitigation shall be provided in accordance with the following table: Wetland Replacement On-site and Off-site Class Class In-lieu Fee Ratio Ratio Class II Class II or III 1.5 to 1 2…
Ind. Code § 13-18-22-7 Department action on wetland permits; forms
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Sec. 7. (a) The department shall: (1) administer the permit programs established by this chapter; and (2) review and issue decisions on applications for permits to undertake wetland activities in state regulated wetlands in accordance with the requirements under this chapter. (b)…
Ind. Code § 13-18-22-8 Department action on wetland permits; effective dates of permits; amended permit application

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Sec. 8. (a) The department shall make a decision to issue or deny an individual permit under section 3 of this chapter not later than ninety (90) days after receipt of the completed application. If the department fails to make a decision on a permit application by the deadline un…

Ind. Code § 13-18-22-9 Designation of Class III wetland as outstanding state protected wetland; rules; restrictions on wetland owner; rescission of designation

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Sec. 9. (a) The owner of a Class III wetland may petition the board for designation of the wetland as an outstanding state protected wetland. Upon verification by the board that the wetland is a Class III wetland and that the petitioner is the owner of the wetland, the board shal…

Ind. Code § 13-20-22-1 Fee for disposal or incineration of solid waste

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Sec. 1. (a) A fee is imposed on the disposal or incineration of solid waste in a final disposal facility in Indiana. Except as provided in section 14 of this chapter, the amount of the fee is as follows: (1) For solid waste generated in Indiana, fifty cents ($0.50) a ton. (2) For…

Ind. Code § 13-20-22-11 Collection of state solid waste management fees; quarterly remittance to the department with report

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Sec. 11. (a) The owner or operator of a final disposal facility is responsible for collecting the fees imposed under section 1 of this chapter from persons delivering solid waste to that facility. (b) Each owner or operator may: (1) deduct from the fees an amount equal to one per…

Ind. Code § 13-20-22-12 Deposits in funds

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Sec. 12. The department shall deposit the following on a quarterly basis: (1) Not less than fifty percent (50%) of the revenue from the fee imposed under section 1(a)(1) of this chapter into the Indiana recycling promotion and assistance fund established by IC 4-23-5.5-14. (2) No…

Ind. Code § 13-20-22-13 Limitation on imposition of fee

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Sec. 13. A fee may not be imposed by the state under section 1 of this chapter on the disposal of solid waste by a person who: (1) generated the solid waste; and (2) disposed of the solid waste at a site that is: (A) owned by the person; and (B) limited, for purposes of the dispo…

Ind. Code § 13-20-22-14 Contiguous governmental units; solid waste management agreement; fee imposed

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Sec. 14. If: (1) the: (A) county executive of the county; or (B) board of directors of the district; in which a final disposal facility is located has entered into an agreement concerning solid waste management with a governmental unit that is, or that is located within, a county…

Ind. Code § 13-20-22-15 Fee collection; determination of weight of solid waste

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Sec. 15. (a) For purposes of the collection of the fees imposed under section 1 of this chapter, the owner or operator of a final disposal facility that: (1) receives, on the average, less than two hundred (200) tons of solid waste each day; and (2) does not have a scale suitable…

Ind. Code § 13-20-22-16 Fees not revenues of facility

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Sec. 16. 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 Recodi…

Ind. Code § 13-20-22-18 Election and exclusivity of remedies

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Sec. 18. The remedies provided by this chapter are cumulative. Action taken by the state may not be construed as an election to pursue a remedy to the exclusion of other remedies. [Pre-1996 Recodification Citation: 13-9.5-5-10.] As added by P.L.1-1996, SEC.10.

Ind. Code § 13-20-22-19 Failure to remit collected solid waste disposal or incineration fees; offense

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Sec. 19. A person who knowingly or intentionally fails to pay the fee to the department under section 11 of this chapter commits a Level 6 felony. [Pre-1996 Recodification Citation: 13-9.5-5-11.] As added by P.L.1-1996, SEC.10. Amended by P.L.158-2013, SEC.189; P.L.220-2014, SEC.…

Ind. Code § 13-20-22-2 Establishment of solid waste management fund; purpose; administration of fund; sources; investments

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Sec. 2. (a) The state solid waste management fund is established to provide money for the following: (1) Programs that provide grants and loans that provide education and promote the following: (A) Recycling and the use of recycled materials. (B) Waste reduction. (C) Management o…

Ind. Code § 13-20-22-2.1 Policy on awarding of grants

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Sec. 2.1. (a) The department shall adopt and make available a policy concerning the award of grants under section 2 of this chapter. (b) The policy must include the following considerations: (1) No private sector services will be displaced if an equipment grant is awarded. (2) Th…

Ind. Code § 13-20-22-21 Criminal penalty for application misstatement

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Sec. 21. 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.22. Amended by P.L.158-2013, SEC.191.

Ind. Code § 13-20-22-3 Appropriation of money; approval of expenditures

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Sec. 3. (a) There is annually appropriated to the fund, for the purposes set forth in section 2(a) of this chapter, the amount of money deposited in the fund from the sources set forth in section 2(c) of this chapter. (b) The governor and the budget agency must approve expenditur…

Ind. Code § 13-18-23-1 Deadline for department action; requirements; waiver

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Sec. 1. (a) The department shall do the following: (1) Make a final determination on an application for a certification under Section 401 of the Clean Water Act not later than ninety (90) days after its receipt of a complete application if the applicant meets the condition set fo…

Ind. Code § 13-20-23-1 Application of chapter

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Sec. 1. This chapter applies to townships located in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000). As added by P.L.133-1998, SEC.6. Amended by P.L.119-2012, SEC.112; P.L.104-2022, SEC.84.

Ind. Code § 13-20-23-2 Funds from disposal fees received by townships

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Sec. 2. A township that has one (1) of the following populations and meets the requirements of section 3 of this chapter is entitled to receive the following percentage of disposal fees paid to the county in which the township is located: Township Population Percentage Less than …

Ind. Code § 13-20-23-3 Township resolutions to receive funds from disposal fees

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Sec. 3. To receive funds under section 2 of this chapter, the fiscal body of a township must do both of the following: (1) Adopt a resolution that: (A) identifies the host agreement that is the subject of the resolution; (B) states that the township has elected to exercise its en…

Ind. Code § 13-20-23-4 Review and determination of township resolutions

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Sec. 4. (a) Not more than thirty (30) days after the date a county auditor receives a resolution filed under section 3(2) of this chapter, the county auditor shall review the resolution for compliance with the requirements of sections 2 and 3 of this chapter. If the resolution me…

Ind. Code § 13-18-24-1 "Over the counter drug"

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Sec. 1. As used in this chapter, "over the counter drug" means a personal care product that contains a label that: (1) identifies the product as a drug as required by 21 CFR 201.66; and (2) includes: (A) a drug facts panel; or (B) a statement of active ingredients and a list of t…

Ind. Code § 13-18-24-2 "Personal care product"

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Sec. 2. (a) As used in this chapter, "personal care product" means: (1) an article intended to be: (A) rubbed on; (B) poured on; (C) sprinkled on; (D) sprayed on; (E) introduced into; or (F) otherwise applied to; the human body or a part of the human body for purposes of cleansin…

Ind. Code § 13-18-24-3 "Plastic"

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Sec. 3. As used in this chapter, "plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that may be molded or extruded at high heat into various solid forms that retain the defined shapes of the solid forms: …

Ind. Code § 13-18-24-4 "Synthetic plastic microbead"

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Sec. 4. As used in this chapter, "synthetic plastic microbead" means a solid plastic particle that is: (1) less than five (5) millimeters in its largest dimension; (2) not biodegradable; and (3) intentionally added to a personal care product that: (A) is used to exfoliate or clea…

Ind. Code § 13-18-24-5 Manufacture of personal care products banned

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Sec. 5. After December 31, 2017, a person may not manufacture for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads. As added by P.L.21-2015, SEC.5.

Ind. Code § 13-18-24-6 Sale of personal care products banned

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Sec. 6. After December 31, 2018, a person may not accept for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads. As added by P.L.21-2015, SEC.5.

Ind. Code § 13-18-24-7 Manufacture of over the counter drugs banned

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Sec. 7. After December 31, 2018, a person may not manufacture for sale an over the counter drug that contains synthetic plastic microbeads. As added by P.L.21-2015, SEC.5.

Ind. Code § 13-18-24-8 Sale of over the counter drugs banned

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Sec. 8. After December 31, 2019, a person may not accept for sale an over the counter drug that contains synthetic plastic microbeads. As added by P.L.21-2015, SEC.5.

Ind. Code § 13-18-24-9 Violations; penalties

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Sec. 9. A person who violates this chapter commits a Class B infraction. However, the offense is a Class A infraction if the person has a prior unrelated judgment for a violation of this chapter. As added by P.L.21-2015, SEC.5.

Ind. Code § 13-20-24-1 County without zoning may enter into host agreement

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Sec. 1. With respect to a landfill or landfill expansion located or proposed to be located in the unincorporated area of a county that does not zone under IC 36-7-4, the county and another person may enter into a host agreement under this chapter. As added by P.L.131-2006, SEC.11…

Ind. Code § 13-20-24-2 Municipality in county without zoning may enter into host agreement

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Sec. 2. With respect to a landfill or landfill expansion located or proposed to be located in a municipality in a county that does not zone under IC 36-7-4, the municipality and another person may enter into a host agreement under this chapter. As added by P.L.131-2006, SEC.11.

Ind. Code § 13-20-24-3 Duties under host agreement of person who enters into the agreement with the county or municipality

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Sec. 3. A host agreement under this chapter must provide that the person that enters into the host agreement with the county or municipality agrees, in exchange for permission from the county or municipality to construct or operate a landfill in the county or municipality, to do …

Ind. Code § 13-20-24-4 Use by county or municipality of payments under host agreement

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Sec. 4. A county or municipality that receives a payment under section 3(1) of this chapter may use the revenue only for the construction, improvement, or maintenance of infrastructure that supports or is otherwise related to the landfill. As added by P.L.131-2006, SEC.11.

Ind. Code § 13-20-25-1 State recycling or diversion goal

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Sec. 1. The goal of the state is to recycle or divert at least fifty percent (50%) of its municipal waste. As added by P.L.126-2014, SEC.9. Amended by P.L.135-2026, SEC.208.

Ind. Code § 13-20-25-10 Voluntary reporting of recycling activities

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Sec. 10. (a) A person: (1) who: (A) is not required to submit a recycling activity report under section 9 of this chapter; but (B) recycled recyclable materials during a calendar year; (2) who: (A) meets the definition of "scrap metal processing facility" set forth in IC 8-23-1.1…

Ind. Code § 13-20-25-11 Recycling activity report; form; contents

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Sec. 11. (a) A recycling activity report submitted to the commissioner under this chapter must be submitted in a format required by the commissioner through the department's website. (b) The recycling activity report form must be posted on the department's website and must do the…

Ind. Code § 13-20-25-13 Estimating weight of material recycled

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Sec. 13. A recycler is not required to measure directly the weight of recyclable materials for purposes of submitting a recycling activities report under this chapter. For the purposes of reporting the quantity, in tons, of a type of recyclable material recycled, a recycler may e…

Ind. Code § 13-20-25-15 Rules

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Sec. 15. The environmental rules board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter. As added by P.L.126-2014, SEC.9.

Ind. Code § 13-20-25-2 "Fiscal year"

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Sec. 2. As used in this chapter, "fiscal year" means a period: (1) beginning July 1 in a calendar year; and (2) ending June 30 of the succeeding calendar year. As added by P.L.126-2014, SEC.9.

Ind. Code § 13-20-25-3 "Municipal waste"

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Sec. 3. As used in this chapter, "municipal waste" means any: (1) garbage; (2) refuse; (3) industrial lunchroom waste; (4) office waste; or (5) other, similar material; that results from the operation of residential, municipal, commercial, or institutional establishments and comm…

Ind. Code § 13-20-25-4 "Recyclable material"

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Sec. 4. (a) As used in this chapter, "recyclable material" means municipal waste that is suitable for recycling. (b) The term includes a post-use polymer. As added by P.L.126-2014, SEC.9. Amended by P.L.54-2023, SEC.22.

Ind. Code § 13-20-25-5 "Recyclable materials broker"

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Sec. 5. As used in this chapter, "recyclable materials broker" means a person that: (1) engages in the business of arranging for the collection, transportation, delivery, recycling, or reuse of recyclable materials; but (2) does not take title to, or physical possession of, the r…

Ind. Code § 13-20-25-6 "Recycle"

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Sec. 6. As used in this chapter, "recycle" means to take action by which recyclable materials are recovered from the solid waste stream for purposes of: (1) use or reuse; (2) conversion into raw materials; or (3) use in the production of new products. As added by P.L.126-2014, SE…

Ind. Code § 13-20-25-7 "Recycler"

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Sec. 7. (a) As used in this chapter, "recycler" means a person who recycles recyclable materials generated by more than one (1) person. (b) The term includes the following: (1) A recyclable materials broker. (2) The owner or operator of a solid waste disposal facility regulated u…

Ind. Code § 13-20-25-8 "Single stream recyclable materials"

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Sec. 8. As used in this chapter, "single stream recyclable materials" means a combination of two (2) or more types of recyclable materials that have been commingled and cannot be separated into individual types without processing. As added by P.L.126-2014, SEC.9.

Ind. Code § 13-20-25-8.5 Products sold as fuel

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Sec. 8.5. For the purposes of this title, products sold as fuel are not considered recycled products. As added by P.L.54-2023, SEC.23.

Ind. Code § 13-20-25-9 Mandatory reporting of recycling activities

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Sec. 9. (a) A recycler shall report the recycler's recycling activities under this section. A recycler may elect to report the recycler's recycling activities on an annual basis under subsection (b). (b) A recycler shall submit to the commissioner a completed recycling activity r…