Title 13, TITLE 13. ENVIRONMENT

Sec. 2. (a) The assistance program established under this chapter shall do the following: (1) Designate an individual to serve as a liaison and ombudsman to the regulated community to assist the regulated community with specific regulatory or permit matters pending with the depar…

Sec. 4. Inquiries made to the program and activities and documents of the program that identify or describe an individual facility or operation are confidential, unless a clear and immediate danger to the public health or environment exists. Information concerning inquiries, acti…

Sec. 5. The department may contract with another entity to provide some or all of the services required by this chapter. [Pre-1996 Recodification Citation: 13-10-2-5.] As added by P.L.1-1996, SEC.18.

[Pre-1996 Recodification Citation: 13-10-2-6.] As added by P.L.1-1996, SEC.18. Repealed by P.L.12-2005, SEC.6.

Sec. 1. The commissioner or a designated member of the staff of the department may initiate an investigation on receipt of information of an alleged violation of any of the following: (1) Environmental management laws. (2) Air pollution control laws. (3) Water pollution control l…

Sec. 10. In accordance with the procedure set forth in this chapter, the commissioner shall: (1) issue and enter an order; or (2) make any other determination; that the commissioner considers appropriate. [Pre-1996 Recodification Citation: 13-7-11-5(a).] As added by P.L.1-1996, S…

Sec. 11. An order of the commissioner under this chapter may do any of the following: (1) Include a direction to cease and desist from violations of the following: (A) Environmental management laws. (B) Air pollution control laws. (C) Water pollution control laws. (D) A rule adop…

Sec. 12. If an order of the commissioner allows time during which to correct a violation, the order may provide for the posting of a performance bond with surety or security acceptable to the department to assure the correction of the violation within the time prescribed in the o…

consent; parties; expenses; attorney's fees Sec. 13. (a) Except as provided in subsection (c), an enforcement action may not be taken under this chapter for a violation of IC 13-30-2-1(5) against a landowner on whose land garbage or other solid waste, except hazardous waste, has …

Sec. 2. If an investigation discloses a possible violation, the commissioner shall proceed under: (1) section 3 of this chapter; or (2) first section 3 of this chapter and then section 4 of this chapter. [Pre-1996 Recodification Citation: 13-7-11-2(a).] As added by P.L.1-1996, SE…

order; failure to enter into agreed order Sec. 3. (a) The commissioner shall: (1) notify the alleged violator in writing that the commissioner believes a violation may exist; and (2) offer the alleged violator an opportunity to enter into an agreed order providing for: (A) the ac…

Sec. 4. (a) The commissioner shall issue written notice to an alleged violator in accordance with IC 13-14-2-1. (b) The notice must: (1) specify the provision of: (A) the environmental management laws; (B) the air pollution control laws; or (C) the water pollution control laws; o…

Sec. 5. (a) Except as otherwise provided in: (1) a notice issued under section 4 of this chapter; or (2) a law relating to emergency orders; an order of the commissioner under this chapter takes effect twenty (20) days after the alleged violator receives the notice, unless the al…

Sec. 6. If an alleged violator who has requested a review of an order of the commissioner under section 5 of this chapter agrees to resolve the controversy concerning the order in a manner satisfactory to the commissioner before a final order is issued by the office of environmen…

Sec. 7. A final order of an environmental law judge is subject to judicial review under IC 4-21.5-5. [Pre-1996 Recodification Citation: 13-7-11-2(f).] As added by P.L.1-1996, SEC.20.

Sec. 8. (a) A person who has filed a complaint under IC 13-30-1 may proceed against the alleged violator if the department does not: (1) commence: (A) an administrative proceeding; or (B) a civil action; on the alleged pollution, impairment, or destruction not later than ninety (…

Sec. 9. In hearings under this chapter, the burden is on the complainant to show the alleged violation. [Pre-1996 Recodification Citation: 13-7-11-2(h).] As added by P.L.1-1996, SEC.20.

Sec. 1. (a) Not later than March 1 of each year, a manufacturer shall report to the department the total weight in pounds of covered electronic devices that the manufacturer: (1) collected from eligible entities and recycled; or (2) arranged to have collected from eligible entiti…

Sec. 2. Not later than each March 1, a recycler of covered electronic devices shall do the following: (1) Report to the department separately the total weight in pounds of covered electronic devices that were: (A) recycled by the recycler; and (B) taken by the recycler for final …

Sec. 3. Not later than each March 1, a collector shall submit to the department a report that contains for the program year that ended on the immediately preceding December 31: (1) the total weight in pounds of covered electronic devices that were collected in Indiana by the coll…

Sec. 1. The purposes of this chapter are the following: (1) To declare a state policy that will encourage productive and enjoyable harmony between humans and the environment. (2) To promote efforts that will prevent or eliminate damage to the environment and biosphere and stimula…

Sec. 10. Any state agency that is required by the federal National Environmental Policy Act (P.L. 91-190) (42 U.S.C. 4321 et seq.) to file a federal environmental impact statement is not required to file a statement with the state government as provided under sections 5 and 6 of …

Sec. 2. The general assembly recognizes the following: (1) The profound impact of human activity on the interrelations of all components of the natural environment, particularly the profound influences of the following: (A) Population growth. (B) High-density urbanization. (C) In…

Sec. 3. The general assembly declares that it is the continuing policy of the state, in cooperation with the federal and local governments and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance…

Sec. 5. To the fullest extent possible: (1) the policies, rules, and statutes of the state shall be interpreted and administered in accordance with the policies set forth in this chapter; and (2) all state agencies shall do the following: (A) Use a systematic, interdisciplinary a…

agencies Sec. 6. All state agencies shall review their: (1) statutory authority; (2) administrative rules; and (3) current policies and procedures; to determine whether there are any deficiencies or inconsistencies that prohibit full compliance with the purposes and provisions of…

Sec. 7. Sections 5 and 6 of this chapter do not affect the specific statutory obligations of any state agency to do any of the following: (1) Comply with criteria or standards of environmental quality. (2) Coordinate or consult with any other federal or state agency. (3) Act or r…

Sec. 8. This chapter may not be construed to require an environmental impact statement for the issuance of a license or permit by any state agency. [Pre-1996 Recodification Citation: 13-1-10-6.] As added by P.L.1-1996, SEC.2.

Sec. 9. Policies and goals set forth in this chapter supplement those policies and goals set forth in other authorizations of state agencies. [Pre-1996 Recodification Citation: 13-1-10-7.] As added by P.L.1-1996, SEC.2.

Sec. 1. (a) Each agency, department, and institution of the state shall report to the department any plans or activities that affect or may affect the environment of Indiana. (b) The department shall: (1) review the reports described in subsection (a); and (2) coordinate the prog…

Sec. 2. (a) Each: (1) unit of local government referred to in IC 13-11-2-158; (2) state agency; or (3) interstate agency; that makes an application for loans or grants under the federal statutes that relates to any program that affects or would affect the environment of Indiana s…

Sec. 3. (a) Each person: (1) discharging; or (2) proposing to discharge or emit; contaminants that could affect environmental quality shall furnish to the department the reasonable technical or monitoring program reports that the board specifies by rule. (b) An affidavit of the r…

Sec. 1. (a) Except as provided in sections 2, 3, and 6 of this chapter, the commissioner shall approve or deny an application filed with the department after July 1, 1995, within the following number of days: (1) Three hundred sixty-five (365) days for an application concerning t…

Sec. 10. The commissioner may suspend the processing of an application, and the period described under sections 1 through 6 of this chapter is suspended, if one (1) of the following occurs: (1) The department determines that the application is incomplete and has mailed a notice o…

application or pending commissioner's ruling on application Sec. 11. (a) If an applicant is operating pursuant to a continuation of an existing permit pending determination of an application for a new or renewed permit under IC 13-15-3-6, the applicant may proceed under this sect…

[Pre-1996 Recodification Citation: 13-7-10.1-8(b).] As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002, SEC.30.

renewal Sec. 12.1. An applicant may not receive a refund of a permit application fee if the permit application concerned the renewal of a permit. As added by P.L.240-2003, SEC.11.

[Pre-1996 Recodification Citation: 13-7-10.1-8(c).] As added by P.L.1-1996, SEC.5. Repealed by P.L.184-2002, SEC.30.

equipment or facility Sec. 14. Except for applicants proceeding under section 11(a) of this chapter, an applicant may not proceed under any of the options described in section 11(b) of this chapter if construction or operation of the equipment or facility described in the permit …

Sec. 15. (a) If an applicant chooses to proceed under section 11(b)(3) of this chapter, the department and the applicant shall jointly: (1) select a consultant that has the appropriate background to review the applicant's application; and (2) authorize the consultant to begin wor…

Sec. 16. (a) If an applicant chooses to proceed under section 11(b)(2) or 11(b)(3) of this chapter, the applicant or a consultant shall prepare and submit to the commissioner the draft permit and any required supporting technical justification for the permit not later than thirty…

Sec. 17. (a) Any time before a period specified under sections 1 through 6 of this chapter has expired, the commissioner may do the following: (1) Notify an applicant that the commissioner does not believe that the commissioner will be able to approve or deny a permit application…

Sec. 18. The remedies provided in this chapter are not the exclusive remedies available to a permit applicant. A permit applicant's election of a remedy under this chapter does not preclude the permit applicant from seeking other remedies available at law or in equity. [Pre-1996 …

As added by P.L.184-2002, SEC.10. Amended by P.L.53-2014, SEC.120. Repealed by P.L.130-2018, SEC.59.

Sec. 2. (a) This section does not apply to permit applications described in section 1(a)(1) or 1(a)(2) of this chapter. (b) If the department determines that a public hearing should be held under: (1) IC 13-15-3-3; or (2) any other applicable rule or law; the commissioner has thi…

Sec. 3. (a) A board may adopt a rule under IC 4-22-2 that changes a period described under section 1 of this chapter within which the commissioner must approve or deny an application: (1) if: (A) the general assembly enacts a statute; (B) a board adopts a rule; or (C) the federal…

Sec. 4. An application for a permit renewal that includes a modification shall be reviewed within the period applicable to the modification. [Pre-1996 Recodification Citation: 13-7-10.1-4(d).] As added by P.L.1-1996, SEC.5.

Sec. 5. Sections 1 through 4 and section 6 of this chapter do not alter the procedures and time frames set forth in the hazardous waste permit modification rules adopted by the department, except to the extent that sections 1 through 4 and 6 of this chapter establish specific cal…

Sec. 6. (a) Notwithstanding the periods specified in sections 1 through 4 of this chapter and this section, a person proposing to construct, modify, or operate any equipment, facility, or pollution control device that is demonstrated to achieve pollution control or pollution prev…

Sec. 8. (a) The commissioner and an applicant may agree in writing to extend any time allowed under sections 1 through 6 of this chapter for a decision to be made on an application. (b) The commissioner and an applicant may agree in writing to have a consultant review an applicat…