Title 13, ENVIRONMENT

Sec. 7. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An administrative law judge under IC 4-15-10.5 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-1-4(f).] As added by P.L.1-1996, SEC.7. Am…

Sec. 1. The board shall adopt rules for the control and prevention of pollution in waters of Indiana. [Pre-1996 Recodification Citation: 13-1-3-4(a) part.] As added by P.L.1-1996, SEC.8. Amended by P.L.133-2012, SEC.125; P.L.135-2026, SEC.145.

Sec. 1.5. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 establishing standards for the reclamation and reuse of treated wastewater. (b) The rules adopted under subsection (a): (1) must protect state waters and public health; (2) may concern multiple categories of r…

Sec. 10. The department may call upon: (1) any state officer, board, department, or other state institution; and (2) the officers or employees of an individual entity described in subdivision (1); for any assistance necessary to carry out the water pollution control laws. [Pre-19…

Sec. 12. The department may not require a permit, permission, or review from a person who develops plans concerning the design or construction of: (1) a sanitary sewer or public water main, if: (A) a professional engineer who is registered under IC 25-31 prepared the plans; (B) t…

Sec. 13. If a violation of the department's construction storm water general permit occurs, the department shall determine which person is responsible for committing the violation. As added by P.L.161-1999, SEC.1. Amended by P.L.135-2026, SEC.152.

Sec. 14. (a) The outstanding state resource water improvement fund is established. All money collected under section 2 of this chapter and any money accruing to the fund are continuously appropriated to the fund to carry out the purposes of section 2 of this chapter. Money in the…

Sec. 15. (a) Subject to subsection (c), the board shall eliminate: (1) the requirement that NPDES general permit terms and conditions be contained in a rule; and (2) the terms and conditions of each NPDES general permit that is: (A) contained in that article; and (B) in effect on…

Sec. 2. (a) The board may adopt rules under IC 4-22-2 that are necessary to the implementation of: (1) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in effect January 1, 1988; and (2) the federal Safe Drinking Water Act (42 U.S.C. 300f through 300j), as in …

Sec. 2.1. (a) If: (1) a discharge results from an activity for which: (A) an NPDES permit subject to IC 13-15-4-1(a)(2)(B), IC 13-15-4-1(a)(3)(B), or IC 13-15-4-1(a)(4); or (B) a modification or renewal of a permit referred to in one (1) of the sections referred to in clause (A);…

Sec. 2.3. (a) This subsection applies if a use attainability analysis is performed and approved to change the designated use of a water body receiving wet weather discharges from combined sewer overflows from the recreational use designation that applied to the waters immediately…

Sec. 2.4. An NPDES permit holder shall review the feasibility of implementing additional or new control alternatives to attain water quality standards. The NPDES permit holder shall conduct such a review periodically, but not less than every five (5) years after approval of the l…

Sec. 2.5. (a) A CSO wet weather limited use subcategory is established for waters affected by receiving combined sewer overflows, as specified in an approved long term control plan. The CSO wet weather limited use subcategory applies to a specific water body after implementation …

Sec. 2.6. (a) Where appropriate, permits shall contain schedules of compliance requiring the permittee to take specific steps to achieve expeditious compliance with applicable standards, limitations, and other requirements. (b) The schedule of compliance shall require compliance …

Sec. 4. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An administrative law judge under IC 4-15-10.5 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-3-4(c).] As added by P.L.1-1996, SEC.8. Am…

Sec. 6. The water pollution control laws may be enforced under IC 13-30-3 or IC 13-14-2-6. [Pre-1996 Recodification Citation: 13-1-3-5(a).] As added by P.L.1-1996, SEC.8.

Sec. 7. The commissioner may order any person to acquire, construct, repair, alter, or extend the plants that are necessary for the disposal or treatment of organic or inorganic matter that is: (1) causing; (2) contributing to; or (3) about to cause or contribute to; a polluted c…

Sec. 8. The commissioner may require the sealing of mines, oil and gas wells, brine wells, or any other subterranean strata that are: (1) causing; (2) contributing to; or (3) about to cause or contribute to; a polluted condition of the waters of Indiana. [Pre-1996 Recodification …

Sec. 9. The department may, through any authorized agent, enter at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions relating to the pollution of any water of Indiana. [Pre-1996 Recodification Citation: 13-1-…

Sec. 1. The board shall do the following: (1) Except as otherwise provided in this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardous waste in Indiana, including: (A) rules necessary to implement the federal Resource Conservation and Recovery Act …

Sec. 1.3. (a) Except as otherwise provided in this chapter, the board may adopt rules establishing standards and procedures for the legitimate use, instead of disposal, of material otherwise defined as a solid or hazardous waste, including standards and procedures concerning the …

Sec. 2. (a) The commissioner may enter into agreed orders as provided in IC 13-30-3-6. (b) An administrative law judge under IC 4-15-10.5 shall review orders and determinations of the commissioner. [Pre-1996 Recodification Citation: 13-1-12-8(c).] As added by P.L.1-1996, SEC.9. A…

Sec. 3. (a) As used in this section and section 3.1 of this chapter, "coal combustion residuals" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independ…

Sec. 3.1. Except as provided in section 3(c) of this chapter, the rules adopted under section 1(1) of this chapter may not regulate the following: (1) The disposal of waste indigenous to the coal mining process and coal combustion residuals if the material: (A) is not included in…

Sec. 3.2. (a) The CCR program fund is established for the purpose of paying costs incurred by the department in operating the state permit program established under section 3 of this chapter, including: (1) the personnel costs incurred in employing staff needed to perform the dut…

Sec. 4. Except as provided by sections 5 and 6 of this chapter, the board and the department may not adopt rules under section 1 of this chapter to: (1) prohibit; or (2) arbitrarily restrict; vertical expansions of existing permitted landfills. [Pre-1996 Recodification Citation: …

Sec. 5. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require an applicant for a vertical expansion of an existing permitted landfill to submit environmental assessments as part of the application, includi…

Sec. 6. Notwithstanding federal regulations, the board and the department shall adopt rules under section 1 of this chapter that require the applicant for a vertical expansion of an existing permitted landfill to submit design, engineering, and operational requirements, including…

Sec. 7. A permit is not required to use foundry sand that meets Type III criteria under 329 IAC 10-9 for the following activities: (1) As a daily cover for litter and vermin control at a landfill in accordance with any applicable permits issued for the landfill. (2) As a protecti…

Sec. 7.2. (a) The board may adopt rules under IC 4-22-2 and IC 13-14-9 to develop a voluntary certification program for persons that remediate sites where releases of hazardous substances (as defined in IC 13-11-2-98) or petroleum (as defined in IC 13-11-2-160) have occurred. (b)…

Sec. 8. The board may not adopt rules under section 1 of this chapter to regulate the following activities involving the legitimate use of slag generated by the production of iron or steel under Bureau of the Census Standard Industrial Classification 3312: (1) Production of slag.…

Sec. 8.2. The department may modify a permit to prohibit the processing or disposal of specific solid waste at: (1) a solid waste disposal facility; or (2) a solid waste processing facility. As added by P.L.218-2001, SEC.6.

Sec. 9. (a) This section does not apply to an expansion of a solid waste landfill: (1) that accepts only construction\demolition waste; and (2) for which a construction\demolition waste permit was issued before January 1, 2005. (b) A solid waste landfill that accepts only constru…

Sec. 1. (a) A solid waste hauler that takes solid waste to a transfer station or a final disposal facility located in Indiana shall certify to the owner or operator of the transfer station or final disposal facility the county and state of origin of the largest part of the solid …

Sec. 3. A hauler that: (1) is required to make a certification or report under section 1 of this chapter concerning the origin of the solid waste; and (2) did not collect the solid waste at the point of origin; may satisfy the requirements of section 1 of this chapter concerning …

Sec. 4. The requirements of section 1 of this chapter do not apply to haulers and owners or operators engaged in transporting or disposing of solid waste that is: (1) generated by a person; and (2) disposed of at a site that is: (A) owned by the person; and (B) limited, for the p…

Sec. 0.2. (a) The amendments made to IC 13-9.5-2-2 and IC 13-9.5-2-11 (before their repeal, now codified in this chapter) by P.L.96-1995 apply to property taxes first due and payable after December 31, 1995, and to taxable years that begin after December 31, 1995. (b) The additio…

Sec. 1. (a) After June 30, 2017, a county may, by ordinance of the county executive: (1) join with one (1) or more other counties in establishing a joint solid waste management district that includes the entire area of all the acting counties; or (2) designate itself as a county …

Sec. 10. (a) A controller selected under section 9 of this chapter shall do the following: (1) Be the official custodian of all district money and, subject to the terms of any resolution or trust indenture under which bonds are issued under this article, deposit and invest all di…

Sec. 11. (a) The board of each district shall appoint and convene a solid waste management advisory committee of citizens not later than thirty (30) days after the board has been established. The committee must include the following: (1) Representatives of the solid waste managem…

Sec. 12. (a) Except as provided in section 14.5 of this chapter and subject to subsection (b), the powers of a district include the following: (1) The power to develop and implement a district solid waste management plan under IC 13-21-5. (2) The power to impose district fees on …

Sec. 12.2. (a) This section applies to a county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000). (b) In addition to the powers granted to a district under section 12 of this chapter, a district may ma…

Sec. 13. (a) A board may do the following: (1) Enter into agreements concerning and acquire by any lawful means real property or interests in real and personal property needed for the purposes of this section or IC 13-21-9. (2) Enter into financing agreements to purchase, lease a…

Sec. 13.5. (a) At the end of each year the district shall prepare, on a form designed by the department of local government finance, a report that is accessible through the computer gateway administered by the office of technology established by IC 4-13.1-2-1 and that provides th…

Sec. 14. (a) This section does not apply to a contract executed before April 1, 1998. (b) Except as provided in subsection (d) and section 14.5 of this chapter, the powers of a district do not include the following: (1) The power of eminent domain. (2) Except as provided in subse…

Sec. 14.5. (a) This section does not apply to the following: (1) The continuation of waste management services that a solid waste district provides with its facilities or work force before March 15, 1996. (2) Waste management services provided to the district under an agreement e…