Title 13, TITLE 13. ENVIRONMENT

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…

[Pre-1996 Recodification Citation: 4-23-21-1.6.] As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.7; P.L.126-1997, SEC.1; P.L.253-1997(ss), SEC.12; P.L.132-1999, SEC.4; P.L.235-2005, SEC.127; P.L.233-2017, SEC.14. Repealed by P.L.189-2018, SEC.109.

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.

As added by P.L.90-1998, SEC.4. Repealed by P.L.97-2004, SEC.133.

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…

As added by P.L.140-2000, SEC.8. Repealed by P.L.1-2006, SEC.588.

Sec. 85.9. (a) "Forestry operation", for purposes of IC 13-18-22-1, includes facilities, activities, and equipment used to plant, raise, manage, harvest, and remove trees on private land. (b) The term includes: (1) site preparation; (2) fertilization; (3) pest control; (4) wildli…

Sec. 86. "Fiscal body" means: (1) the county council, for a county not having a consolidated city; (2) the city-county council of a consolidated city and county; (3) the common council of a city; (4) the town council of a town; (5) the township board of a township; or (6) the boa…

Sec. 86.7. "Freehold", for purposes of IC 13-21-3-5, means the tract of land that is held by a freeholder. As added by P.L.60-2017, SEC.1.

Sec. 86.8. "Freeholder", for purposes of this chapter and IC 13-21-3-5, means a person who holds land: (1) in fee; (2) for life; or (3) for some indeterminate period; whether or not the person holds the land in joint title with one (1) or more other persons. As added by P.L.60-20…

Sec. 87. (a) "Fund", for purposes of IC 13-14-12, refers to the environmental management special fund. (b) "Fund", for purposes of IC 13-15-10, refers to the waste facility operator trust fund. (c) "Fund", for purposes of IC 13-15-11, refers to the environmental management permit…

Sec. 88. "Garbage", for purposes of environmental management laws, means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the: (1) processing; (2) handling; (3) preparation; (4) cooking; (5) serving; or (6) consumption; of food or food materials.…

Sec. 88.5. "Gasification" means a manufacturing process through which post-use polymers and recovered feedstocks are heated in an oxygen controlled atmosphere and converted into syngas (carbon monoxide and hydrogen) and converted into valuable raw, intermediate, and final product…

Sec. 88.8. "General permit", for purposes of IC 13-18-27, has the meaning set forth in IC 13-18-27-6. As added by P.L.248-2019, SEC.5.

Sec. 89. (a) "Generator", for purposes of IC 13-22-12, means a person that, during the preceding year, generated hazardous waste in quantities greater than: (1) one thousand (1,000) kilograms of hazardous waste; or (2) one (1) kilogram of acutely toxic waste in any month. (b) "Ge…

Sec. 9. "Application", for purposes of IC 13-15-4, means an application for a: (1) permit; or (2) determination related to a permit; that is described in IC 13-15-4-1. [Pre-1996 Recodification Citation: 13-7-10.1-1.] As added by P.L.1-1996, SEC.1. Amended by P.L.130-2018, SEC.57.…

Sec. 90. (a) "Governmental entity", for purposes of IC 13-18-3 and IC 13-25-6, means the state or a political subdivision. (b) "Governmental entity", as used in IC 13-26, means a political subdivision (as defined in IC 36-1-2-13). [Pre-1996 Recodification Citation: 13-6-2-4.] As …

Sec. 91. "Grantee", for purposes of IC 13-20-20, means a person that receives a grant under IC 13-20-20. [Pre-1996 Recodification Citation: 13-7-33-2.] As added by P.L.1-1996, SEC.1.

Sec. 91.5. "Great Lakes system", for purposes of IC 13-14-8-9, means all of the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes within the United States. As added by P.L.126-2020, SEC.1.

Sec. 92. "Groundwater monitoring well", for purposes of IC 13-20-21 and IC 13-22-12, means a device required by a permit condition or applicable rule to monitor the quality of groundwater during a twelve (12) month period. [Pre-1996 Recodification Citations: 13-7-16.1-2(b); 13-7-…

Sec. 93. (a) "Guarantor", for purposes of IC 13-22-8, means a person, other than the owner or operator of a hazardous waste facility, who provides evidence of financial responsibility for the owner or operator under IC 13-22-8. (b) "Guarantor", for purposes of IC 13-23-4-6, means…

Sec. 94. "Hazardous chemical", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11021(e). [Pre-1996 Recodification Citation: 13-7-37-5.] As added by P.L.1-1996, SEC.1.

Sec. 95. "Hazardous household product", for purposes of IC 13-20-20, means a household product that: (1) may cause serious injury or death when introduced into or upon the body of a living human because the product is: (A) a poison; (B) toxic; (C) corrosive; (D) an irritant; (E) …

Sec. 96. (a) "Hazardous material", for purposes of IC 13-18-5, means any of the following: (1) A hazardous chemical (as defined in 42 U.S.C. 11021(e), as in effect on January 1, 1990). (2) A hazardous waste. (3) A hazardous substance (as defined in 42 U.S.C. 9601(14), as in effec…

Sec. 97. "Hazardous materials emergency", for purposes of IC 13-25-6, means an occurrence that: (1) involves the uncontrolled release or imminent uncontrolled release of a hazardous material into the environment; and (2) creates the possibility of harm to: (A) human health; (B) p…

Sec. 99. (a) "Hazardous waste", for purposes of section 96(a) of this chapter, IC 13-19, and environmental management laws, means a solid waste or combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may: …

Sec. 1. Being necessary for the public health, safety, and welfare, this title shall be liberally construed to effectuate the purposes of this title. [Pre-1996 Recodification Citation: 13-7-16-9.] As added by P.L.1-1996, SEC.2.

Sec. 2. The amendment of IC 13-11-2-265(b) by P.L.183-2002 applies retroactively to July 1, 1996. By its amendment of IC 13-11-2-265(b), the general assembly intends that there be no substantive difference in the law as amended by P.L.183-2002 and the law as it was constituted be…

Sec. 1. (a) The governor shall appoint an individual with appropriate training and experience as commissioner of the department. The commissioner: (1) is the executive and chief administrative officer of the department; and (2) may delegate authority to appropriate department sta…

Sec. 2. The commissioner shall appoint individuals to the other positions in the department. [Pre-1996 Recodification Citation: 13-7-2-12(b) part.] As added by P.L.1-1996, SEC.3.

Sec. 3. The commissioner may establish an ad hoc group to study and make recommendations regarding critical environmental issues. The ad hoc group may include the following: (1) University representatives. (2) Scientific research organizations. (3) Public policy and research advi…

Sec. 1. (a) This section applies to any: (1) determination made by the commissioner; (2) order issued by the commissioner; and (3) notice issued by the department; under this title. (b) The commissioner may issue orders and make determinations. (c) An order issued under this sect…

Sec. 2. The department may have a designated agent, upon presentation of proper credentials, enter upon private or public property to inspect for and investigate possible violations of any of the following: (1) Air pollution control laws. (2) Water pollution control laws. (3) Env…

environmental protection Sec. 3. The department may do the following: (1) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements for environmental protection. (2) Conduct, convoke, attend, or …

Sec. 4. The department may accept and receive, on behalf of the state, any gifts or other money made available to the state from any source for purposes of: (1) this title; or (2) other environmental protection activities, surveys, or programs. [Pre-1996 Recodification Citation: …

Sec. 5. The commissioner may employ or contract for the legal, professional, and other personnel and assistance that is necessary for the efficient performance of duties imposed by this title. [Pre-1996 Recodification Citation: 13-7-5-6.] As added by P.L.1-1996, SEC.4.

Sec. 6. Except as provided in IC 13-14-6, the commissioner may proceed in court, by appropriate action, to: (1) enforce any final order of the commissioner or the board; (2) collect any penalties or fees; (3) procure or secure compliance with this title or any other law that the …

Sec. 7. Except as provided in IC 13-14-6, the commissioner may issue orders to: (1) secure compliance with: (A) this title; or (B) any applicable rule of a board; and (2) assess civil penalties. [Pre-1996 Recodification Citation: 13-7-5-8.] As added by P.L.1-1996, SEC.4.…

approval; department review and action on certain activities and land use restrictions Sec. 8. (a) Subject to subsection (b), a restrictive covenant executed after June 30, 2009, is not subject to approval by the department. (b) The department shall: (1) review; and (2) approve, …

incurred Sec. 9. (a) This section applies to a restrictive covenant created in connection with a remediation project conducted under: (1) IC 13-23; (2) IC 13-24; (3) IC 13-25-4; or (4) IC 13-25-5. (b) If: (1) a change of conditions or an advancement in science or technology permi…

Sec. 1. (a) The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to establish requirements and procedures for the issuance of permits. (b) In rules for the issuance of permits, the board may do the following: (1) Prescribe standards for the discharge, emission, or disposal …

consistency with federal law Sec. 2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to allow the department to issue permits that do the following: (1) Provide incentives to owners and operators of facilities to assess the pollution emitted by the facilities into al…

Sec. 1. (a) The department shall establish fee payment schedules that allow a person that is required to pay an annual fee established under: (1) this title; or (2) rules adopted under this title; to pay the fee in equal installments over a twelve (12) month period that begins on…

approval of projects; participation in proceedings; administration of permitting programs Sec. 1. (a) In carrying out the purposes of IC 13-13-5-1(1), the department may, in addition to any other action that is necessary or appropriate to carry out the purpose of IC 13-13-5-1(1),…

list to web site; link in Indiana Register; methodology; establishing total maximum daily load for a surface water Sec. 3. (a) The department shall prepare a list of impaired waters for the purpose of complying with federal regulations implementing Section 303(d) of the federal C…

Sec. 1. Before an original permit for the construction or operation of a landfill may be granted, the applicant must submit a statement of financial position that meets the following requirements: (1) The statement must have been prepared in accordance with generally accepted acc…

original construction permit; fee inapplicable; ordinance to approve facility location Sec. 10. (a) This section applies only: (1) in a county that does not zone under IC 36-7-4; and (2) to a facility: (A) that is proposed to be constructed after April 1, 2008; (B) that is not ex…