Title 13, ENVIRONMENT

Sec. 61. "Dredged material", for purposes of this chapter, means material that is dredged or excavated from an isolated wetland. [Pre-1996 Recodification Citation: 13-1-6-2(a) part, (i).] As added by P.L.52-2004, SEC.2. Amended by P.L.2-2005, SEC.53.

Sec. 61.3. "Dwelling", for purposes of this chapter, means a building, a structure, or another enclosed space that is: (1) permanent or temporary; (2) movable or fixed; and (3) an individual's home or place of lodging. As added by P.L.178-2009, SEC.10.

Sec. 61.6. "East Chicago area of special concern", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-1. As added by P.L.88-2017, SEC.1.

Sec. 62. "Eligible entity", for purposes of IC 13-26, means a county, city, town, township, conservancy district, or other municipal corporation. [Pre-1996 Recodification Citation: 13-3-2-1 part.] As added by P.L.1-1996, SEC.1.

Sec. 62.5. "Eligible party", as used in IC 13-23, means any of the following: (1) An owner, as defined in IC 13-11-2-150. (2) An operator, as defined in IC 13-11-2-148(d) and IC 13-11-2-148(e). (3) A former owner or operator of a UST or AST. (4) A transferee of property upon whic…

Sec. 62.7. "Eligible release", as used in IC 13-23, means a release of petroleum that meets all of the following criteria: (1) The release is from a UST or AST that was registered with the department before the date on which the claimant confirmed the existence of the release or …

Sec. 63. "Eligible state", for purposes of IC 13-29-1, means a state qualified to be a party state to the Midwest Interstate Compact on Low-Level Radioactive Waste as provided in Article VIII of the compact. [Pre-1996 Recodification Citation: 13-5-9-2 part.] As added by P.L.1-199…

Sec. 63.5. "ELTF", as used in this chapter and IC 13-23, refers to the petroleum storage tank excess liability trust fund established by IC 13-23-7-1. As added by P.L.96-2016, SEC.4. Amended by P.L.176-2023, SEC.11.

Sec. 63.6. "ELTF claim", as used in this chapter and IC 13-23, means any claim for payment from the ELTF. As added by P.L.96-2016, SEC.5.

Sec. 63.7. "ELTF indemnity claim", as used in IC 13-23, means any ELTF claim for the indemnification of a third party. As added by P.L.96-2016, SEC.6.

Sec. 64. "Emergency", for purposes of IC 13-20-9-4, means the occurrence of widespread or severe damage or loss of property resulting from any natural or manmade cause, including fire, flood, earthquake, wind, storm, drought, or explosion. [Pre-1996 Recodification Citation: 13-7-…

Sec. 65. "Emergency action", for purposes of IC 13-25-6, means any action taken at or near the scene of a hazardous materials emergency to prevent or minimize harm to: (1) human health; (2) property; or (3) the environment; from the uncontrolled release of a hazardous material. […

Sec. 66. "Emergency response agency", for purposes of IC 13-25-6, means: (1) the state police; (2) the environmental response branch of the department; (3) a police department established under IC 36-8-2-2; (4) a fire department established under IC 36-8-2-3; (5) any agency of a …

Sec. 66.9. "End of life vehicle", for purposes of IC 13-20-17.7, means a motor vehicle that is: (1) sold; or (2) otherwise conveyed; to a motor vehicle recycler for the purpose of recycling. As added by P.L.170-2006, SEC.4. Amended by P.L.112-2016, SEC.4.

Sec. 67. (a) "Enforcement action", for purposes of IC 13-20-13 and IC 13-20-14, means: (1) a written notice of a violation or a commissioner's order issued under IC 13-30-3; (2) a letter identifying a violation; or (3) a court proceeding initiated by the: (A) department; (B) depa…

Sec. 68. "Environmental audit", for purposes of IC 13-28-4, means a voluntary, an internal, and a comprehensive evaluation of: (1) a facility or an activity at a facility regulated under: (A) this title; (B) a rule or standard adopted under this title; (C) any determination, perm…

Sec. 69. "Environmental audit report", for purposes of IC 13-28-4, means a set of documents prepared as a result of an environmental audit and labeled "Environmental Audit Report; Privileged Document" that: (1) includes: (A) field notes; (B) records of observations; (C) findings;…

Sec. 7.3. "Anaerobic digestion facility", for purposes of this chapter and IC 13-20-10.5: (1) means a facility that incorporates equipment that promotes the decomposition of biomass, appropriate feedstock, or both to simple organics and biogas products in the oxygen free environm…

Sec. 7.5. "Antique", for purposes of IC 13-20-17.5, refers to a product manufactured before 1980. As added by P.L.225-2001, SEC.1.

Sec. 70.3. "Environmental legal action", for purposes of IC 13-30-9, means any legal action brought to recover reasonable costs associated with a removal or remedial action involving a hazardous substance or petroleum released into the surface or subsurface soil or groundwater th…

Sec. 71. "Environmental management laws" refers to the following: (1) IC 13-12-2 and IC 13-12-3. (2) IC 13-13. (3) IC 13-14. (4) IC 13-15. (5) IC 13-16. (6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11. (7) IC 13-18-10, IC 13-18-10.5, IC 13-18-12, IC 5-1.2-10, and I…

Sec. 71.2. "Environmental restrictive ordinance" means, with respect to land, any ordinance that: (1) is adopted by a municipal corporation (as defined in IC 36-1-2-10); and (2) seeks to control the use of groundwater in a manner and to a degree that protects human health and the…

Sec. 72. "Environmental wastes", for purposes of IC 13-27, means all environmental pollutants, wastes, discharges, and emissions, regardless of: (1) whether or how they are regulated; and (2) whether they are released to the general environment or the workplace environment. [Pre-…

Sec. 72.3. "EPA", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-2. As added by P.L.88-2017, SEC.2.

Sec. 72.4. "Ephemeral stream", for purposes of IC 13-18-22-1(b)(6), means surface water flowing or pooling only in direct response to precipitation such as rain or snowfall. As added by P.L.160-2021, SEC.3.

Sec. 72.6. "Erosion", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-4. As added by P.L.248-2019, SEC.3.

Sec. 72.7. "Erosion and sediment control measure", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-5. As added by P.L.248-2019, SEC.4.

Sec. 73. "Excess liability trust fund", for purposes of IC 13-23, refers to the petroleum storage tank excess liability trust fund (or ELTF) established by IC 13-23-7-1. [Pre-1996 Recodification Citation: 13-7-20-1.3.] As added by P.L.1-1996, SEC.1. Amended by P.L.9-1996, SEC.3; …

Sec. 74. "Executive" means the following: (1) The board of commissioners of a county that does not have a consolidated city. (2) The mayor of the consolidated city, for a county having a consolidated city. (3) The mayor of a city. (4) The president of the town council of a town. …

Sec. 74.5. (a) "Exempt isolated wetland", for purposes of IC 13-18 and environmental management laws, means an isolated wetland that: (1) is a voluntarily created wetland unless: (A) the wetland is approved by the department for compensatory mitigation purposes in accordance with…

Sec. 75. "Exposure assessment", for purposes of IC 13-23, means an assessment to determine the extent of exposure, or potential for exposure, of individuals to any regulated substance from a release from an underground storage tank or aboveground storage tank based on factors suc…

Sec. 76. "Extremely hazardous substance", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049. [Pre-1996 Recodification Citation: 13-7-37-3.] As added by P.L.1-1996, SEC.1.

Sec. 77. (a) "Facility", for purposes of IC 13-15-1-3, means a structure or an area of land used for the disposal, treatment, storage, recovery, processing, or transferring of solid waste or hazardous waste. The term includes the following: (1) A hazardous waste facility. (2) An …

Sec. 77.8. "Federal CCR rule", for purposes of IC 13-19-3, has the meaning set forth in IC 13-19-3-3(b). As added by P.L.100-2021, SEC.4.

Sec. 78. "Federal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a federally owned facility. [Pre-1996 Recodification Citation: 13-7-16.1-1(b).] As added by P.L.1-1996, SEC.1.

Sec. 79. "Federal Water Pollution Control Act", for purposes of: (1) IC 13-13-5 and IC 13-18-2-1; and (2) environmental management laws; refers to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the federal Water Quality Act of 1987, P.L.100-4. [Pr…

Sec. 79.5. "Fertilizer material", for purposes of IC 13-18-4-5, has the meaning set forth in IC 15-16-1.5-28. As added by P.L.189-2011, SEC.6. Amended by P.L.98-2026, SEC.1.

Sec. 8. (a) "Applicant", for purposes of IC 13-11-2-191 and IC 13-18-10, refers to a person (as defined in section 158(b) of this chapter) that submits an application to the department under IC 13-18-10-2. (b) "Applicant", for purposes of IC 13-19-4, means an individual, a corpor…

Sec. 81. (a) "Fiduciary", for purposes of IC 13-23-13: (1) means a person acting for the benefit of another party as a bona fide: (A) trustee; (B) executor; (C) administrator; (D) custodian; (E) guardian of estates or guardian ad litem; (F) receiver; (G) conservator; (H) committe…

Sec. 81.5. (a) "Fiduciary capacity", for purposes of IC 13-23-13, means the capacity of a person in holding title to an underground storage tank or aboveground storage tank pursuant to the exercise of the responsibilities of the person as a fiduciary. (b) "Fiduciary capacity", fo…

Sec. 82. (a) "Final disposal facility", for purposes of IC 13-20-3, IC 13-20-5, IC 13-20-22, and IC 13-21, means any of the following: (1) A landfill. (2) An incinerator. (3) A waste-to-energy facility. (b) The term does not include a transfer station or an advanced recycling fac…

Sec. 84. "Financial assurance board", for purposes of IC 13-23, refers to the petroleum storage tank financial assurance board established by IC 13-23-11-1. [Pre-1996 Recodification Citation: 13-7-20-1.6.] As added by P.L.1-1996, SEC.1. Amended by P.L.176-2023, SEC.17.

Sec. 84.5. "Financial or administrative 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 credit manager; (2) an accounts payable officer; (3) an accounts rece…

Sec. 85. "Financing agreement", for purposes of IC 13-21, includes an agreement between a district and a developer, between a developer and a user, or among a district, developer, and user concerning: (1) payments to the district under the agreement; and (2) any of the following:…

Sec. 85.3. "Fiscal year", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-2. As added by P.L.126-2014, SEC.1.

Sec. 85.6. "Foreclosure", for purposes of sections 148(e)(2), 150(c), and 151(e) of this chapter, means the acquisition of a vessel or facility for purposes of IC 13-25-4-8(c), an underground storage tank or aboveground storage tank for purposes of IC 13-23-13, or a petroleum fac…