Title 13, ENVIRONMENT

Sec. 1. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14 may not be construed to prohibit disposal of solid waste or hazardous wastes at the site of production or generation if construction and operation permits have been obtained in accordance with IC 13-22-3. […

Sec. 1. (a) The department shall establish and operate an underground storage tank release detection, prevention, and correction program under this article according to rules adopted by the board. (b) The department may contract with another state agency to jointly operate the pr…

Sec. 2. (a) Any rules adopted by the board establishing and operating the program established under section 1 of this chapter must not be less stringent than the regulations adopted by the Administrator of the United States Environmental Protection Agency under Section 9003 of th…

Sec. 3. (a) The department shall establish a training program: (1) on a website; and (2) that complies with the requirements of the federal Energy Policy Act of 2005 (P.L.109-58). (b) The department may use the excess liability trust fund to pay expenses related to the training p…

Sec. 4. (a) This section shall be enforced under IC 4-21.5-4. (b) To fully implement the delivery prohibition program requirements under 42 U.S.C. 6991k, the commissioner may do the following: (1) Determine whether an underground storage tank is eligible for delivery, deposit, or…

Sec. 1. (a) The commissioner may issue an order under: (1) IC 13-14-2-7; (2) IC 4-21.5-4; or (3) IC 4-21.5-3-6; to require an owner or operator or a responsible person to undertake removal or remedial action with respect to a release of petroleum at a petroleum facility. (b) If t…

Sec. 10. A person that is a lender and that holds evidence of ownership primarily to protect a security interest in a petroleum facility may be considered to participate in the management (as defined in IC 13-11-2-151.3) of the petroleum at the petroleum facility only if, while t…

Sec. 11. (a) The liability of a fiduciary under this title for the release or threatened release of petroleum at, from, or in connection with a petroleum facility held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity. (b) Subsection (a) does not …

Sec. 2. (a) Except as provided in subsection (c), the commissioner may undertake removal or remedial action with respect to a release of petroleum at a petroleum facility if: (1) the action is necessary, in the judgment of the commissioner, to protect human health and the environ…

Sec. 3. (a) Remedial action undertaken or required under section 1 or 2 of this chapter may include an exposure assessment. (b) The cost of: (1) an exposure assessment; (2) a removal; or (3) a remedial action; undertaken under section 2 of this chapter may be recovered under sect…

Sec. 4. (a) Except where an owner or operator can prove that a release from a petroleum facility was caused by: (1) an act of God; (2) an act of war; (3) negligence on the part of a local government, the state government, or the federal government; (4) except as provided in subse…

Sec. 5. (a) An indemnification agreement, hold harmless agreement, or similar agreement or conveyance is not effective to transfer the liability imposed under section 4 of this chapter from: (1) the owner or operator of a petroleum facility; or (2) a person who may be liable for …

Sec. 6. (a) To allow the commissioner to take or to assess the need for removal or remedial action under section 1, 2, or 3 of this chapter or to enforce this chapter, an owner, an operator, or a responsible party of a facility, upon the request of an officer, an employee, or a d…

Sec. 7. The commissioner may use money in the hazardous substances response trust fund to pay the following expenses associated with petroleum facilities: (1) Expenses incurred by the state for: (A) a removal or remedial action that is ordered or undertaken under section 2 of thi…

Sec. 1. The Indiana emergency response commission is established. [Pre-1996 Recodification Citation: 13-7-36-2.] As added by P.L.1-1996, SEC.15.

Sec. 2. (a) The commission consists of the following thirteen (13) members: (1) The commissioner or the commissioner's designee. (2) The executive director of the department of homeland security or the executive director's designee. (3) The superintendent of the state police depa…

Sec. 2.5. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, membership on the commission is not a lucrative office. As added by P.L.68-2016, SEC.1.

Sec. 3. (a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). (b) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection…

Sec. 4. The governor shall appoint: (1) a chairman; and (2) a vice chairman; of the commission from among the members of the commission. [Pre-1996 Recodification Citation: 13-7-36-5.] As added by P.L.1-1996, SEC.15.

Sec. 5. (a) The commission shall meet as follows: (1) At least one (1) time every three (3) months. (2) At the call of the chairman. (b) A majority of the members constitutes a quorum for the authority to conduct business. [Pre-1996 Recodification Citation: 13-7-36-6.] As added b…

Sec. 6. (a) The commission shall do the following: (1) Encourage and support the development of emergency planning efforts to provide: (A) state government entities; (B) local governments; and (C) the public; with information concerning potential chemical hazards in Indiana. (2) …

Sec. 7. The commission may receive: (1) appropriations; (2) grants; (3) donations; (4) equipment; (5) supplies; and (6) services; from a public or a private source to assist the commission in implementing this chapter. [Pre-1996 Recodification Citation: 13-7-36-8.] As added by P.…

Sec. 1. Any area may be established as a regional water, sewage, or solid waste district under this article for one (1) or more of the following purposes: (1) To provide a water supply for domestic, industrial, and public use to users inside and outside the district. (2) To provi…

Sec. 2. (a) At any time after the creation of a district, the district, after motion by the district's board, may file a petition with the department requesting the approval of the department permitting the district to: (1) increase or add to the district's purposes or modify the…

Sec. 1. An office of voluntary compliance is established within the department. [Pre-1996 Recodification Citation: 13-10-1-1.] As added by P.L.1-1996, SEC.18.

Sec. 2. The purpose of the office is the following: (1) To assist regulated entities in achieving regulatory compliance. (2) To promote cooperation between the department and regulated entities. [Pre-1996 Recodification Citation: 13-10-1-3.] As added by P.L.1-1996, SEC.18.…

Sec. 3. The board may adopt rules under IC 4-22-2 and IC 13-14-9 as required to implement the compliance program described in this article. [Pre-1996 Recodification Citation: 13-10-1-4.] As added by P.L.1-1996, SEC.18. Amended by P.L.133-2012, SEC.156.

Sec. 1. ARTICLE I. POLICY AND PURPOSE There is created the Midwest Interstate Low-Level Radioactive Waste Compact. The states party to this compact recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act, as amended by the Low-Leve…

Sec. 10. ARTICLE X. SEVERABILITY AND CONSTRUCTION The provisions of this compact shall be severable and if any provision of this compact is finally determined by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United State…

Sec. 11. (a) The governor shall appoint a person to serve as the Commission member representing Indiana. The Commission member appointed by the governor serves a four (4) year term, at the pleasure of the governor. (b) If the Commission member representing the state of Indiana: (…

Sec. 12. (a) A Commission member or alternate appointed by the governor under section 11 of this chapter is entitled to the following: (1) The minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing duties under this chapter. (2) Reimbursement for traveling expe…

Sec. 14. A person who knowingly or intentionally commits any of the violations listed in section 3(o) of this chapter commits a Level 6 felony. However, notwithstanding IC 35-50-2-7(a), a person who is convicted of a Level 6 felony under this section may, in addition to the term …

Sec. 2. ARTICLE II. DEFINITIONS As used in this compact, unless the context clearly requires a different construction: a. "care" means the continued observation of a facility after closing for the purposes of detecting a need for maintenance, ensuring environmental safety, and de…

Sec. 3. ARTICLE III. THE COMMISSION a. There is created the Midwest Interstate Low-Level Radioactive Waste Commission. The Commission consists of one voting member from each party state. The Governor of each party state shall notify the Commission in writing of its member and any…

Sec. 4. ARTICLE IV. REGIONAL DISPOSAL PLAN The Commission shall adopt and periodically update a regional disposal plan designed to ensure the safe and efficient disposal of waste generated within the region. In adopting a regional waste disposal plan, the Commission shall do all …

Sec. 5. ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES a. Each party state shall act in good faith in the performance of acts and courses of conduct which are intended to ensure the provision of facilities for regional availability and usage in a manner consistent with this co…

Sec. 6. ARTICLE VI. DEVELOPMENT, OPERATION, AND CLOSING OF COMPACT FACILITIES a. Any party state may volunteer to become a host state, and the Commission may designate that state as a host state. b. If not all compact facilities required by the regional disposal plan are develope…

Sec. 7. ARTICLE VII. OTHER LAWS AND REGULATIONS a. Nothing in this compact: 1. Abrogates or limits the applicability of any act of the Congress or diminishes or otherwise impairs the jurisdiction of any federal agency expressly conferred thereon by the Congress; 2. Prevents the e…

Sec. 8. ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, SUSPENSION OF ACCESS, ENTRY INTO FORCE, AND TERMINATION a. Any state may petition the Commission to be eligible for membership in the compact. The Commission may establish appropriate eligibility requirements. These …

Sec. 9. ARTICLE IX. PENALTIES AND ENFORCEMENT a. Each party state shall prescribe and enforce penalties against any person who is not an official of another state for violation of any provision of this compact. b. The parties to this compact intend that the courts of the United S…

Sec. 1. Under this chapter: (1) the attorney general; (2) a state, city, town, county, or local agency or officer vested with the authority to seek judicial relief; (3) a citizen of Indiana; or (4) a corporation, a limited liability company, a partnership, or an association maint…

Sec. 10. The court may appoint a master or referee, who must be a disinterested person and technically qualified, to take testimony and make a report to the court in the action. The costs of the master or referee may be apportioned to the parties if the interests of justice requi…

Sec. 11. The court may: (1) grant temporary and permanent equitable relief; or (2) impose the conditions upon the respondent that are required to protect the environment of the state from pollution, impairment, and destruction. [Pre-1996 Recodification Citation: 13-6-1-5.] As add…

Sec. 12. (a) In an action in which a petitioner or an intervenor seeking judicial adjudication as provided by this chapter has failed to intervene in an administrative, a licensing, or other similar proceeding, the court may: (1) remit the petitioner or intervenor to the proceedi…

Sec. 2. (a) A citizen, a partnership, a corporation, a limited liability company, an association, or a public officer or agency, as a condition precedent to maintaining an action, must give notice in writing by registered or certified mail to: (1) the department; and (2) the atto…

Sec. 3. (a) An individual or entity that is identified in section 1(2) through 1(4) of this chapter and that brings an action under section 1 of this chapter may not maintain the action unless: (1) none of the agencies that receives notice of the action under section 2 of this ch…