Title 13, TITLE 13. ENVIRONMENT

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. 143. (a) "Office", for purposes of IC 13-22-11, refers to the division of pollution prevention and technical assistance established by IC 13-27-2-1. (b) "Office", for purposes of IC 13-28, refers to the office of voluntary compliance. [Pre-1996 Recodification Citations: subs…

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…

Sec. 147. "Open dumping", for purposes of environmental management laws, means the act of disposing of solid waste at an open dump. [Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-16(b).] As added by P.L.1-1996, SEC.1.

Sec. 147.5. "Operational function", for purposes of sections 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes a function such as that of: (1) a facility manager; (2) a plant manager; (3) an operations manager; (4) a chief operat…

Sec. 148. (a) "Operator", for purposes of IC 13-18-10, means the person in direct or responsible charge or control of one (1) or more confined feeding operations. (b) "Operator", for purposes of IC 13-18-11 and environmental management laws, means the person in direct or responsi…

Sec. 149. "Outfall", for purposes of IC 13-18-4-8, means the point of discharge from a point source. [Pre-1996 Recodification Citation: 13-1-3-21(a).] As added by P.L.1-1996, SEC.1.

Sec. 149.5. "Outstanding national resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means a water designated as such by the general assembly after recommendations by the environmental rules board and the interim study committee on environmental affairs…

Sec. 149.6. "Outstanding state resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means any water designated as such by the board regardless of when the designation occurred or occurs. Waters that may be considered for designation as outstanding state r…

Sec. 149.8. "Over the counter drug", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-1. As added by P.L.21-2015, SEC.1.

Sec. 15. "Assistant commissioner", for purposes of IC 13-27, refers to the individual appointed by the commissioner under IC 13-27-2-2 to the highest position in the division of pollution prevention. [Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-2.] As added by P.L.1-…

Sec. 15.3. "AST", as used in this chapter and IC 13-23, refers to an aboveground storage tank (as defined in section 0.4 of this chapter). As added by P.L.176-2023, SEC.6.

Sec. 15.5. "ASTM" refers to the American Society for Testing and Materials. As added by P.L.215-2003, SEC.3.

Sec. 150. (a) "Owner", for purposes of IC 13-23 (except as provided in subsections (b), (c), (d), (e), (f) and (g)) means: (1) for an underground storage tank or aboveground storage tank that: (A) was: (i) in use on November 8, 1984; or (ii) brought into use after November 8, 198…

Sec. 151. (a) "Owner or operator", for purposes of IC 13-24-1, means the following: (1) For a petroleum facility, a person who owns or operates the facility. (2) For a petroleum facility where title or control has been conveyed because of: (A) bankruptcy; (B) foreclosure; (C) tax…

As added by P.L.132-1999, SEC.6. Amended by P.L.235-2005, SEC.128; P.L.233-2017, SEC.16. Repealed by P.L.189-2018, SEC.112.

Sec. 151.2. (a) "Participate in management", for purposes of IC 13-23-13, means actually participating in the management or operational affairs of an underground storage tank or aboveground storage tank. (b) The term does not include the following: (1) Merely having the capacity …

Sec. 151.3. (a) "Participate in management", for purposes of IC 13-24-1, means actually participating in the management or operational affairs of a petroleum facility. (b) The term does not include the following: (1) Merely having the capacity to influence, or the unexercised rig…

Sec. 151.4. (a) "Participate in management", for purposes of IC 13-25-4, means actually participating in the management or operational affairs of a vessel or facility. (b) The term does not include the following: (1) Merely having the capacity to influence, or the unexercised rig…

Sec. 151.6. "Panel", for purposes of IC 13-13-7.1, refers to the compliance advisory panel established by IC 13-13-7.1-1. As added by P.L.12-2005, SEC.2. Amended by P.L.53-2014, SEC.116. IC 13-11-2-152 Repealed [Pre-1996 Recodification Citation: 13-7-22.5-4.] As added by P.L.1-19…

Sec. 153. "Party", for purposes of IC 13-25-4-23, means a person that: (1) is potentially a responsible person; and (2) enters into an agreement with the commissioner under IC 13-25-4-23 or IC 13-7-8.7-11 (before its repeal). [Pre-1996 Recodification Citation: 13-7-8.7-11(a).] As…

Sec. 154. "Party state", for purposes of IC 13-29-1, means any eligible state which enacts the compact into law. [Pre-1996 Recodification Citation: 13-5-9-2 part.] As added by P.L.1-1996, SEC.1.

Sec. 154.5. "Passenger tire equivalent", for purposes of this chapter and IC 13-20-13, has the meaning set forth in IC 13-20-13-1. As added by P.L.37-2012, SEC.9.

Sec. 155. (a) "PCB", for purposes of: (1) IC 13-17-10; (2) IC 13-20-15; and (3) IC 13-22; means the class of organic compounds known as polychlorinated biphenyls or terphenyls. (b) The term includes any of several compounds produced by replacing at least two (2) hydrogen atoms on…

Sec. 156. "Pending", for purposes of IC 13-17-7, means not completed as of January 1, 1994. [Pre-1996 Recodification Citation: 13-10-4-1(a)(5).] As added by P.L.1-1996, SEC.1.

Sec. 156.4. "Periodic vehicle inspection program", for purposes of IC 13-17-5, means a program requiring a motor vehicle registered in a county to undergo a periodic test of emission characteristics and be repaired and retested if the motor vehicle fails the emissions test. The t…

Sec. 156.5. "Peripheral", for purposes of this chapter, means a keyboard, a printer, or any other device that: (1) is sold exclusively for external use with a computer; and (2) provides input or output into or from a computer. As added by P.L.178-2009, SEC.15.

Sec. 157. (a) "Permit", for purposes of IC 13-15-4, means: (1) a permit; (2) a license; (3) a registration; (4) a certificate; or (5) other type of authorization required before construction or operation; that may be issued by the commissioner under pollution control laws or envi…

Sec. 158. (a) "Person", for purposes of: (1) IC 13-21; (2) air pollution control laws; (3) water pollution control laws; and (4) environmental management laws, except as provided in subsections (c), (d), and (e); means an individual, a partnership, a copartnership, a firm, a comp…

Sec. 158.2. "Personal care product", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-2. As added by P.L.21-2015, SEC.2.

Sec. 159. "Pesticide", for purposes of IC 13-25-6, includes a substance or a combination of substances commercially produced for use as: (1) an insecticide; (2) a rodenticide; or (3) a nematodicide. [Pre-1996 Recodification Citation: 13-6-2-8.] As added by P.L.1-1996, SEC.1.…

Sec. 16. "Authority", for purposes of IC 13-22-10, refers to the Indiana hazardous waste facility site approval authority. [Pre-1996 Recodification Citation: 13-7-20-33.3(b) part.] As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.3; P.L.59-1997, SEC.2; P.L.14-2001, SEC…

Sec. 16.3. "Automotive salvage recycler", for purposes of this chapter, means a business that: (1) acquires damaged, inoperative, discarded, abandoned, or salvage motor vehicles, or their remains, as stock-in-trade; (2) dismantles and processes the vehicles or remains for the rec…

Sec. 16.5. "Automobile scrapyard", for purposes of this chapter, means a business organized for any of the following purposes: (1) Processing scrap metal. (2) Wrecking automobiles. (3) Operating a junkyard. As added by P.L.170-2006, SEC.3. Amended by P.L.112-2016, SEC.2.…

Sec. 16.6. "Biomass", for purposes of sections 16.7 and 16.8 of this chapter and IC 13-20-10.5, means biological material that is available on a renewable recurring basis and is used as a source of renewable energy, including the following: (1) Agricultural crops. (2) Agricultura…

Sec. 16.7. "Biomass anaerobic digestion facility", for purposes of IC 13-20-10.5: (1) means a facility that incorporates equipment that promotes the decomposition of biomass to simple organics and biogas products in the oxygen free environment of a closed, sealed chamber; and (2)…

Sec. 16.8. "Biomass gasification facility", for purposes of IC 13-20-10.5, means a facility that incorporates equipment to carry out a thermochemical process that, with little or no oxygen present, converts biomass into a synthesis gas. As added by P.L.189-2011, SEC.3.

Sec. 160. "Petroleum", for purposes of: (1) IC 13-23; (2) IC 13-24-1; and (3) IC 13-25-5; includes petroleum and crude oil or any part of petroleum or crude oil that is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit (60°F) and fourteen and sev…

Sec. 161. (a) "Petroleum facility", for purposes of IC 13-24-1, means any of the following: (1) A building. (2) A structure. (3) An installation. (4) A piece of equipment. (5) A pipe, including a pipe that runs into a sewer or publicly owned treatment facility. (6) A well. (7) A …

Sec. 162. "Petroleum marketer", for purposes of IC 13-23-4-3, means a person that is engaged in the business of selling petroleum products at retail. [Pre-1996 Recodification Citation: 13-7-20-14.5(a).] As added by P.L.1-1996, SEC.1.

Sec. 163. "Petroleum trust fund", for purposes of IC 13-23, refers to the petroleum storage tank trust fund established by IC 13-23-6-1. [Pre-1996 Recodification Citation: 13-7-20-6.5.] As added by P.L.1-1996, SEC.1. Amended by P.L.176-2023, SEC.25.