Title 13, TITLE 13. ENVIRONMENT

Sec. 12. As used in this chapter, "small construction activity site" means: (1) a site at which construction activities result in land disturbance of at least one (1) but less than five (5) acres; or (2) a site: (A) at which construction activities result in land disturbance of l…

Sec. 13. As used in this chapter, "trained individual" means an individual who is trained and experienced in the principles of storm water management, including erosion and sediment control, as demonstrated by: (1) the completion of course work; (2) state registration; (3) profes…

Sec. 14. As used in this chapter, "very small construction activity site" means a site at which construction activities result in land disturbance of less than one (1) acre. As added by P.L.248-2019, SEC.14.

measures Sec. 15. (a) Except as provided in subsection (b), an MS4 community may not require erosion and sediment control measures that are more stringent than the erosion and sediment control measures required by 327 IAC 15-5 or the general permit. (b) An MS4 community may requi…

whether construction plan is substantially complete Sec. 16. (a) A review authority to which a construction plan is submitted must make a preliminary determination whether the construction plan is substantially complete before the end of: (1) the tenth working day after the day o…

determination concerning construction plan Sec. 17. (a) This section does not apply to an individual employed on July 1, 2019, to review and make conclusive determinations concerning construction plans submitted to an MS4 community. (b) An individual who reviews and makes a concl…

construction project to stop Sec. 18. (a) If: (1) an MS4 community has made a conclusive favorable determination concerning a construction plan; and (2) work on the construction project has begun; the MS4 community may not order work on the construction project to stop on the gro…

Sec. 19. The general permit, to the extent allowed under federal law, must recognize and be consistent with the provisions of this chapter, including: (1) the prohibition in section 15 of this chapter against an MS4 community imposing erosion and sediment control measures on a co…

Sec. 2. As used in this chapter, "construction activities" include clearing, grading, and excavating. As added by P.L.248-2019, SEC.14.

Sec. 3. As used in this chapter, "construction plan" means a written plan that: (1) presents information about a construction project and activities associated with the construction project; (2) includes a storm water pollution prevention plan that outlines how erosion and sedime…

Sec. 4. As used in this chapter, "erosion" means the detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity. As added by P.L.248-2019, SEC.14.

Sec. 5. As used in this chapter, "erosion and sediment control measure" means a practice, or a combination of practices, to control erosion and resulting sedimentation associated with construction activity. As added by P.L.248-2019, SEC.14.

Sec. 6. As used in this chapter, "general permit" refers to the general permit issued by the commissioner or the department in accordance with 40 CFR 122.26 to establish erosion and sediment control requirements for construction sites. As added by P.L.248-2019, SEC.14.

Sec. 7. As used in this chapter, "large construction activity site" means: (1) a site at which construction activities result in land disturbance of at least five (5) acres; or (2) a site: (A) at which construction activities result in land disturbance of more than one (1) but le…

Sec. 8. As used in this chapter, "MS4 community" means a county, city, or town that: (1) owns, operates, or maintains a regulated municipal separate storm sewer system (MS4); and (2) administers a program under which construction plans relating to construction projects in locatio…

Sec. 9. As used in this chapter, "project site owner" means the person required to comply with 327 IAC 15-5, the general permit, or the applicable ordinance of an MS4 community with respect to a construction project. The term includes the following: (1) A developer. (2) A person …

Sec. 1. The compliance advisory panel is established. As added by P.L.53-2014, SEC.119.

Sec. 10. The affirmative votes of a majority of the voting members appointed to the panel are required for the panel to take action on any measure, including final reports. As added by P.L.53-2014, SEC.119.

Sec. 11. The panel shall carry out the duties required of a compliance advisory panel under Section 507 of the federal Clean Air Act (42 U.S.C. 7661f). As added by P.L.53-2014, SEC.119.

Sec. 12. The department shall provide administrative and technical support to the panel as provided in IC 13-28-3-2, including duties related to the development and dissemination of reports and advisory opinions. As added by P.L.53-2014, SEC.119.

Sec. 13. Except as provided in section 9 of this chapter, the expenses of the panel shall be paid from appropriations to the department. As added by P.L.53-2014, SEC.119. IC 13-13-7.1-14 Report Sec. 14. The panel shall submit an annual report to the legislative council in an elec…

Sec. 2. The panel consists of the following members: (1) Two (2) members appointed by the president pro tempore of the senate who are members of the senate and who are owners of, or who have an interest in, a small business stationary source. Not more than one (1) of the members …

Sec. 3. The term of a member appointed to the panel is two (2) years. However, an appointing authority may replace a member at any time during the member's term. As added by P.L.53-2014, SEC.119. Amended by P.L.85-2017, SEC.66.

Sec. 4. If a vacancy occurs on the panel, the appointing authority for the vacating member shall appoint an individual to fill the unexpired term of the vacating member. A member appointed to fill a vacancy must meet the same qualifications specified under section 2 of this chapt…

Sec. 5. The individual serving on the panel under section 2(4) of this chapter is a nonvoting member. As added by P.L.53-2014, SEC.119.

Sec. 6. The chairman of the legislative council shall appoint the chair of the panel from the members appointed under section 2(1) or 2(2) of this chapter. The chair of the panel serves at the pleasure of the chairman of the legislative council. As added by P.L.53-2014, SEC.119.

Sec. 7. Each member of the panel who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member also is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connect…

Sec. 8. Each member of the panel who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in th…

Sec. 9. Each member of the panel who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowanc…

Sec. 1. This chapter applies to a person that transports: (1) a chemical munition referred to in 329 IAC 3.1-6-3, as in effect on January 1, 2005; or (2) hazardous waste derived from the bulk neutralization and destruction of the agent VX referred to in IC 13-11-2-25(6). As added…

Sec. 2. (a) Subject to subsections (b) and (c), before transporting a substance referred to in section 1 of this chapter, a person must coordinate the transport with the appropriate state agencies of each state through which the substance will be transported and file in Indiana t…

Sec. 3. The transport of a substance referred to in section 2 of this chapter shall occur at times that provide maximum public safety. As added by P.L.172-2005, SEC.2.

Sec. 1. A person may not after June 30, 2011, start: (1) construction of a satellite manure storage structure; or (2) expansion of a satellite manure storage structure that increases manure containment capacity; without obtaining the prior approval of the department. As added by …

Sec. 2. The board may adopt rules under IC 4-22-2 and IC 13-14-9 regarding the construction, operation, and maintenance of a satellite manure storage structure. As added by P.L.189-2011, SEC.12.

storage structure Sec. 3. (a) An applicant who applies for approval under section 1 of this chapter to construct or expand a satellite manure storage structure shall make a reasonable effort to provide notice not more than ten (10) working days after submitting an application for…

Sec. 1. (a) A person may not after June 30, 2011, start: (1) construction of: (A) a biomass anaerobic digestion facility; or (B) a biomass gasification facility; or (2) expansion of: (A) a biomass anaerobic digestion facility; or (B) a biomass gasification facility; without obtai…

Sec. 2. Except as provided in section 3 of this chapter, a biomass anaerobic digestion facility or a biomass gasification facility for which the only input is biomass is not subject to regulation as a solid waste processing facility. As added by P.L.189-2011, SEC.13.

determination Sec. 3. (a) The department may determine that a biomass anaerobic digestion facility or a biomass gasification facility for which the input is a combination of biomass and solid waste is subject to regulation as a solid waste processing facility. (b) Anaerobic diges…

Sec. 4. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. As added by P.L.189-2011, SEC.13.

Sec. 1. This chapter may not be construed: (1) as allowing a person to exercise less than reasonable precautions in the handling of hazardous secondary materials; or (2) to be less stringent than federal law. As added by P.L.45-1997, SEC.21.

Sec. 2. A secondary material that is not a solid waste as defined under 40 CFR 261.2(e) or is legitimately utilized in an industrial or manufacturing process, except reclamation, with no significant increase in the threat it poses to health or the environment, is not a solid wast…

determination Sec. 3. A residue of the utilization of a secondary material that does not itself qualify as an exempt secondary material is subject to a new determination as to its status as a hazardous waste, and, if listed under IC 13-22-2-3(b), does not retain the listing of th…

Sec. 4. A person may request the commissioner to acknowledge in writing the recognition of a secondary material exemption under this chapter. The commissioner shall respond to the request not later than ninety (90) days after the request is received. As added by P.L.45-1997, SEC.…

Sec. 5. The exemption from regulation provided in this chapter is in addition to any other exemption from regulation as a solid waste provided in rules adopted by the board. As added by P.L.45-1997, SEC.21. Amended by P.L.2-1998, SEC.53.

Sec. 1. This chapter does not apply to antiques. As added by P.L.225-2001, SEC.15.

Sec. 2. (a) This section does not apply to a mercury-added novelty if: (1) the novelty uses a mercury-added button cell battery to function; and (2) the only mercury contained in the novelty is found in the mercury-added button cell battery. (b) After July 1, 2003, a mercury-adde…

Sec. 3. (a) This section does not apply to a mercury thermometer or to a thermometer if: (1) the thermometer uses a mercury-added button cell battery; and (2) the only mercury contained in the thermometer is found in the mercury-added button cell battery. (b) Except as provided i…

Sec. 4. After July 1, 2003, a public school or nonpublic school may not use or purchase for use in a primary or secondary classroom: (1) a mercury commodity; (2) mercury compounds; or (3) mercury-added instructional equipment and materials; except measuring devices and thermomete…

Sec. 5. After July 1, 2003, a person may sell or provide a mercury commodity to another person in this state (other than for collection for recycling) only if: (1) the person selling or providing the mercury commodity provides a material safety data sheet with the mercury commodi…

Sec. 6. (a) The districts shall implement educational programs to provide information to the public concerning: (1) the reuse and recycling of mercury in: (A) mercury commodities; and (B) mercury-added products; and (2) collection programs available to the public for: (A) mercury…