Title 13, TITLE 13. ENVIRONMENT

Sec. 1. A citation in this chapter to a rule refers to the rule as in effect on January 1, 2007. As added by P.L.221-2007, SEC.16.

Sec. 2. If the department receives a report concerning: (1) the discovery of released regulated substances at an underground storage tank or aboveground storage tank site or in the surrounding area under 329 IAC 9-4-1(1); or (2) a spill or overfill under 329 IAC 9-4-4(a); the dep…

Sec. 3. Not more than seven (7) days after receiving a notice from the department under section 2 of this chapter, a county health officer shall do the following: (1) Publish notice of the release, spill, or overfill in a newspaper of general circulation in the county health offi…

Sec. 4. Notice provided by a county health officer under section 3 of this chapter must include: (1) the same information reported to the department under 329 IAC 9-4-1(1) or 329 IAC 9-4-4(a); and (2) any other information the county health officer considers necessary or appropri…

[Pre-1996 Recodification Citation: 13-7-26-2.] As added by P.L.1-1996, SEC.8. Amended by P.L.28-2004, SEC.118. Repealed by P.L.131-2006, SEC.14.

Sec. 2. (a) The department, with the assistance of other state agencies as requested, shall establish and maintain a registry of sites within Indiana at which contamination of groundwater has been detected. (b) The information in the registry shall be made available to the public…

Sec. 3. (a) The department, with the assistance of other state agencies as requested, shall establish and operate a groundwater quality clearinghouse within the department. (b) The groundwater quality clearinghouse established under this section shall do all of the following: (1)…

advisory; emergency action Sec. 4. (a) The department under IC 13-14-2-2: (1) may investigate allegations of; and (2) shall investigate confirmed incidents of; contamination of groundwater that affect private water supply wells. (b) The commissioner shall: (1) issue an advisory t…

Sec. 5. (a) The board shall adopt rules under IC 4-22-2 establishing groundwater quality standards that include numeric and narrative criteria, a groundwater classification plan, and a method of determining where the groundwater quality standards must apply. The standards establi…

noncommunity water systems operated by certain nonprofit centers; reimbursement by department; procedures Sec. 5.5. (a) The department shall pay the costs of well water testing if: (1) the testing is required by state law, federal law, or both; and (2) the costs are incurred: (A)…

hearing Sec. 6. (a) The board shall adopt rules under IC 4-22-2 to establish protection zones around community water system wells. (b) The state agencies referred to in section 5(b) of this chapter may not permit activities within the zones established under subsection (a) that w…

surface impoundments; application Sec. 7. (a) The board shall adopt rules under IC 4-22-2 for the construction and monitoring of surface impoundments, including pits, ponds, and lagoons, used for the storage or treatment of nonhazardous waste and wastewater. (b) The requirements …

Sec. 1. (a) This section does not apply to an alkaline-manganese button cell battery if each button cell does not have more than twenty-five (25) milligrams of mercury. (b) A person may not: (1) sell; (2) offer for sale; or (3) offer for promotional purposes; an alkaline-manganes…

Sec. 2. A person may not: (1) sell; (2) offer for sale; or (3) offer for promotional purposes; a zinc-carbon battery that contains mercury that was intentionally introduced if the battery was manufactured after December 31, 1995. [Pre-1996 Recodification Citation: 13-1-16-4.] As …

battery Sec. 3. A person may not: (1) sell; (2) offer for sale; or (3) offer for promotional purposes; a button cell, mercuric-oxide battery if the battery was manufactured after December 31, 1995. [Pre-1996 Recodification Citation: 13-1-16-5.] As added by P.L.1-1996, SEC.10.…

Sec. 4. (a) This section does not apply to a button cell, mercuric-oxide battery. (b) A person may not sell, offer for sale, or offer for promotional purposes a mercuric-oxide battery if the battery was manufactured after December 31, 1995, unless the person does all of the follo…

Sec. 5. A person who knowingly violates this chapter commits a Class C infraction. [Pre-1996 Recodification Citation: 13-1-16-7.] As added by P.L.1-1996, SEC.10.

Sec. 1. The department shall establish a general coal mine permit that may be obtained for a facility instead of obtaining another more specialized National Pollutant Discharge Elimination System coal mine permit. [Pre-1996 Recodification Citation: 13-7-10-7(a).] As added by P.L.…

Sec. 2. The department shall determine the criteria that must be met to qualify for the general permit. [Pre-1996 Recodification Citation: 13-7-10-7(b).] As added by P.L.1-1996, SEC.8. Amended by P.L.81-2011, SEC.4.

Sec. 3. The general permit established under this chapter must allow a coal mine operator the option of submitting a notice of intent to be governed by the general permit requirements before the requirements apply to the coal mine operator. [Pre-1996 Recodification Citation: 13-7…

Sec. 1. When the department receives an application for an original National Pollutant Discharge Elimination System (NPDES) permit required for discharge into a stream, the department shall do the following: (1) Send a list in writing, on a monthly basis, of original applications…

Sec. 2. (a) The department may issue National Pollutant Discharge Elimination System (NPDES) permits containing conditions that include alternate water quality based effluent limits that: (1) are based on receiving water flows associated with, or characteristic of: (A) wet weathe…

Ohio River; exemption from effluent limitation for mercury Sec. 3. (a) Subsection (b) applies to a community water system, as defined in IC 13-11-2-35.5(a), that: (1) draws water from the Ohio River; (2) discharges wastewater into the Ohio River; and (3) demonstrates to the satis…

Sec. 1. A person may not sell in Indiana: (1) a plastic bottle with a capacity of at least sixteen (16) fluid ounces; or (2) a rigid plastic container with a capacity of at least eight (8) fluid ounces; unless the bottle or container is coded as required under section 2 of this c…

Sec. 2. Each bottle and plastic container described in section 1 of this chapter must be coded. The coding must consist of a three (3) sided triangular arrow with a number in the center and letters underneath. The number and letters must indicate the resin from which the containe…

coded according to primary material Sec. 3. A bottle or other container with a label or base cup made of a different material than the rest of the container must be coded according to the primary, basic material of the bottle or container. [Pre-1996 Recodification Citation: 13-7-…

Sec. 1. Notwithstanding NPDES fees established under IC 13-16-1, the annual fees contained in this chapter shall be assessed to each facility that has a NPDES permit. [Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.] As added by P.L.1-1996, SEC.8.

Sec. 10. (a) For storm water permits for construction activity, a fee of one hundred dollars ($100) shall be submitted with a notice of intent (NOI). (b) For storm water permits for industrial activity, the annual fee is one hundred dollars ($100). [Pre-1996 Recodification Citati…

Sec. 11. For an industrial waste pretreatment permit, the annual fee is three hundred fifty dollars ($350). [Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.] As added by P.L.1-1996, SEC.8.

Sec. 11.5. (a) In addition to the fee under section 12 of this chapter, when a person files an application with the department concerning: (1) an initial NPDES permit for a CAFO; or (2) the renewal of an individual NPDES permit for a CAFO; the person must remit a permit fee of tw…

Sec. 12. (a) When a person files an application with the department concerning a NPDES permit, including: (1) an application for an initial permit; (2) the renewal of a permit; (3) the modification of a permit; or (4) a variance from a permit; the person must remit an application…

Sec. 13. NPDES annual fees begin accruing January 1 of each year. The department shall assess the fees not later than January 15 of that year. [Pre-1996 Recodification Citation: 13-7-16.1-1(q).] As added by P.L.1-1996, SEC.8.

Sec. 14. (a) In addition to the penalties described under: (1) IC 13-30-4-1; (2) IC 13-30-4-2; and (3) IC 13-30-5-1; if a person does not remit an annual NPDES fee or an installment established by the department under IC 13-16-2 to the department not more than sixty (60) days aft…

Sec. 15. If a person does not remit an annual NPDES fee or an installment established by the department under IC 13-16-2 and any applicable delinquency charge to the department not more than ninety (90) days after the date the fee is assessed or not more than sixty (60) days afte…

Sec. 16. The fees and delinquency charges established under this chapter: (1) are payable to the department; and (2) shall be deposited in the environmental management permit operation fund established by IC 13-15-11-1. [Pre-1996 Recodification Citation: 13-7-16.1-1(t).] As added…

Sec. 2. For industrial permits, other than coal mine permits or stone quarry permits, the annual base fee per facility is: (1) one thousand dollars ($1,000) for a major permit; and (2) four hundred dollars ($400) for a minor permit; plus the following annual discharge flow fee pe…

Sec. 4. For stone quarry permits, the annual fee is as follows: Outfalls Fee 1 Outfall $750 2 Outfalls $1,500 3 Outfalls $2,000 4 Outfalls $2,500 [Pre-1996 Recodification Citation: 13-7-16.1-1(o) part.] As added by P.L.1-1996, SEC.8.…

Sec. 5. For municipal permits, the annual base fee per facility is: (1) one thousand five hundred dollars ($1,500) for a major permit; and (2) four hundred dollars ($400) for a minor permit; plus the following annual discharge flow fee per facility: Daily Average Actual Flow in M…

Sec. 7. For federal permits, the annual base fee per facility is: (1) one thousand dollars ($1,000) for a major permit; and (2) four hundred dollars ($400) for a minor permit; plus the following annual discharge flow fee per facility: Daily Average Actual Flow in MGD Fee .001 - .…

Sec. 8. For semipublic permits, the annual base fee per facility is: (1) seven hundred fifty dollars ($750) for a major permit; and (2) two hundred dollars ($200) for a minor permit; plus the following annual discharge flow fee per facility: Daily Average Design Flow in MGD Fee .…

Sec. 9. For public water system permits, the annual base fee per facility is: (1) one thousand dollars ($1,000) for a major permit; and (2) four hundred dollars ($400) for a minor permit; plus the following annual discharge flow fee per facility based on projected daily average f…

Sec. 1. (a) The department shall provide financial assistance to units and districts through matching grants awarded under this chapter for projects involving the collection, recycling, or disposal of household hazardous waste and conditionally exempt small quantity generator was…

Sec. 10. (a) A grant applicant may request an exemption from a requirement under this chapter by submitting a written request to the department. (b) A request filed under this section must contain a detailed description of the basis for a requested exemption. (c) The department s…

Sec. 11. (a) The department may terminate a grant awarded under this chapter if the department determines that there: (1) has been no sustained progress in meeting a timetable established in section 3(b)(6)(E) of this chapter; (2) is substantial evidence that a grant was obtained…

[Pre-1996 Recodification Citation: 13-7-33-17.] As added by P.L.1-1996, SEC.10. Amended by P.L.28-2004, SEC.123. Repealed by P.L.130-2018, SEC.67.

Sec. 13. The board may adopt rules under this chapter in accordance with IC 4-22-2 and IC 13-14-9. [Pre-1996 Recodification Citation: 13-7-33-18.] As added by P.L.1-1996, SEC.10. Amended by P.L.237-1999, SEC.8.

Sec. 2. A grant may be awarded under this chapter to a unit or district that has developed a household hazardous waste or conditionally exempt small quantity generator waste collection, recycling, or disposal project that does the following: (1) Provides educational literature de…

Sec. 3. (a) After a grant applicant has developed a plan under section 2 of this chapter, the applicant may apply for a grant under this chapter on forms prepared and supplied by the department. (b) A grant application must include the following: (1) A statement describing a proj…

Sec. 4. (a) Estimated project costs submitted under section 3(b)(5) of this chapter must include the following: (1) Eligible project costs. (2) Ineligible project costs. (b) Project costs that are ineligible for grant funding may not be used to fulfill a grantee's match requireme…

Sec. 5. A grant awarded under this chapter: (1) may not exceed fifty percent (50%) of the total eligible costs estimated in a grant application; and (2) must be matched by an applicant's financial or in kind contributions. [Pre-1996 Recodification Citation: 13-7-33-10.] As added …