Title 13, TITLE 13. ENVIRONMENT

Sec. 58. (a) "District", for purposes of IC 13-20-17.5, IC 13-20-20, IC 13-21, and IC 13-20-22, refers to: (1) a county solid waste management district; or (2) a joint solid waste management district; established under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal). (b) "Distr…

Sec. 59. "District plan", for purposes of IC 13-21, refers to a district solid waste management plan adopted or amended under IC 13-21-5 or IC 13-9.5-4 (before its repeal). [Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-11.] As added by P.L.1-1996, SEC.1.

Sec. 6. "Air pollution control laws" refers to IC 13-17, except for the following: (1) IC 13-17-3-15. (2) IC 13-17-7. (3) IC 13-17-8-10. (4) IC 13-17-9. (5) IC 13-17-10. (6) IC 13-17-11. (7) IC 13-17-13. [1996 Recodification Citation: New.] As added by P.L.1-1996, SEC.1.…

Sec. 60. "Division", for purposes of IC 13-27, refers to the division of pollution prevention. [Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-9.] As added by P.L.1-1996, SEC.1.

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.

As added by P.L.123-1997, SEC.3. Repealed by P.L.57-2009, SEC.18.

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 …

As added by P.L.123-1997, SEC.4. Repealed by P.L.57-2009, SEC.18.

As added by P.L.123-1997, SEC.5. Repealed by P.L.57-2009, SEC.18.

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. "Alternative PCB technology", for purposes of IC 13-17-10, means a technology for the treatment and disposal of PCB that presents: (1) an actual; or (2) a potential; alternative to incineration. [Pre-1996 Recodification Citation: 13-7-16.5-9(a).] As added by P.L.1-1996, S…

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.

[Pre-1996 Recodification Citation: 13-7-22.5-1.5.] As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.5. Repealed by P.L.113-2014, SEC.46.

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.

As added by P.L.140-2000, SEC.7. Amended by P.L.1-2001, SEC.12. Repealed by P.L.78-2009, SEC.28.

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, hazardous waste, or atomic radiation. The term includes the following: (1) A hazardous wast…

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 15-16-2-11. As added by P.L.189-2011, SEC.6.

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. 80. "FESOP", for purposes of IC 13-17-7, means a federally enforceable state operating permit issued to a source that would require a Title V operating permit but due to a federally enforceable operating restriction has potential emissions less than the amount that would req…

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…