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Indiana Statutes, Title 13

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Indiana/Statutes

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Title 13, ENVIRONMENT

201 chapters · 1,734 sections in this title.

All chapters in Title 131,734 Ch 2, Definitions516 Ch 3, Environmental Policy124 Ch 1, General Provisions113 Ch 4, Environmental Impact Statements108 Ch 5, State Environmental Protection Hierarchy91 Ch 8, Environmental Rules Board77 Ch 9, Rulemaking Procedures67 Ch 10, General Emergency Procedures65 Ch 11, Records of the Department and Boards64 Ch 7, Assignment of Rulemaking Authority58 Ch 6, Criminal Liability of Corporate Officers55 Ch 12, Environmental Management Special Fund55 Ch 13, Electronic Applications and Reports53 Ch 14, Interstate Sewage32

1,734 sections·Filtered byTitle 13✕

Ind. Code § 13-28-4-2 Reports not privileged; civil or administrative actions
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Sec. 2. (a) In a civil or an administrative proceeding, a court of record, after an in camera review, shall require disclosure of material for which the privilege described in section 1 of this chapter is asserted if the court determines that both subdivisions (1) and (2) apply: …
Ind. Code § 13-28-4-4 Burden of proof regarding privilege
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Sec. 4. (a) A party asserting the privilege described in section 1 of this chapter has the burden of proving that the party may exercise the privilege. (b) A party asserting the privilege described in section 1 of this chapter has the burden of establishing evidence that the pers…
Ind. Code § 13-28-4-6 Disclosure limited to relevant portions of reports
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Sec. 6. Upon making a determination under section 2 of this chapter, the court may compel the disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding. [Pre-1996 Recodification Citation: 13-10-3-8.] As added by P.L.1…
Ind. Code § 13-28-4-7 Waiver of privilege
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Showing 851–900 of 1,734

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Sec. 7. (a) Subject to subsections (b) and (c), the privilege described in section 1 of this chapter does not apply to the extent that the privilege is waived: (1) expressly; or (2) by implication; by the owner or operator who prepared the environmental report or caused the repor…

Ind. Code § 13-28-4-8 Stipulations regarding privilege

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Sec. 8. The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under section 1 of this chapter. [Pre-1996 Recodification Cita…

Ind. Code § 13-28-4-9 Applicability of privilege

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Sec. 9. (a) The privilege described in section 1 of this chapter does not apply to the following: (1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to a regulatory agency under: …

Ind. Code § 13-30-4-1 Violations

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Sec. 1. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who violates: (1) any provision of: (A) environmental management laws; (B) air pollution control laws; (C) water pollution control laws; (D) IC 13-18-14-1; (E) a rule or standard…

Ind. Code § 13-30-4-2 Additional civil penalty; emergency orders

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Sec. 2. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who: (1) is named in or directed by an emergency order under IC 13-14-10-1; and (2) violates the order; is liable for an additional civil penalty not to exceed five hundred dolla…

Ind. Code § 13-30-4-3 Waiver of civil penalties

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Sec. 3. (a) The department may waive up to one hundred percent (100%) of a civil penalty imposed on a business for a minor violation of: (1) a requirement of environmental management laws; (2) a rule adopted by the board or one (1) of the former boards abolished by IC 13-13-8-2; …

Ind. Code § 13-30-4-4 Waiver eligibility determination by compliance assistance program

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Sec. 4. To determine eligibility for a waiver under section 3 of this chapter, a business required to correct a violation may contact the technical and compliance assistance program established under IC 13-28-3. The confidentiality provision in IC 13-28-3-4 applies to the contact…

Ind. Code § 13-20.5-4-1 Requirements for manufacturers

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Sec. 1. A manufacturer shall do the following: (1) In each of the manufacturer's program years recycle or arrange for the collection and recycling from covered entities of an amount of covered electronic devices equal to at least sixty percent (60%) of the total weight of the man…

Ind. Code § 13-12-5-4 Preferred approach

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Sec. 4. The general assembly recognizes the following: (1) That clean manufacturing is: (A) the most reliable and effective form of environmental protection; and (B) the preferred approach to environmental protection. (2) That wastes, pollutants, emissions, or discharges that hav…

Ind. Code § 13-13-5-1 Designation of department as agency

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Sec. 1. Except as provided in IC 14-37, the department is designated as the following: (1) The water pollution agency for Indiana for all purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in effect January 1, 1988, and the federal Safe Drinking Water Ac…

Ind. Code § 13-13-5-1.5 Use of electronic means

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Sec. 1.5. (a) Subject to subsection (b), the department, to increase efficiency and communication in carrying out the purposes of section 1 of this chapter, may determine as appropriate when to use electronic means to do the following: (1) Deliver mail communications required by …

Ind. Code § 13-13-5-2 Federal cooperation

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Sec. 2. (a) The department may take any action necessary to secure for Indiana the benefits of the statutes described in section 1 of this chapter. (b) To achieve the goals of cooperative federalism, the department shall actively engage with its federal counterparts through comme…

Ind. Code § 13-14-5-1 Applicability of chapter

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Sec. 1. This chapter applies to inspections conducted under IC 13-14-2-2 after July 1, 1993. [Pre-1996 Recodification Citation: 13-7-5-3.3(a).] As added by P.L.1-1996, SEC.4.

Ind. Code § 13-14-5-2 Inspection reporting

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Sec. 2. (a) The designated agent of the department conducting the inspection must provide the property owner or representative of the property owner with the following: (1) If a representative of the inspected facility is available at the time of inspection, an oral report of the…

Ind. Code § 13-14-5-4 Permitted omissions from oral reports and written summaries

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Sec. 4. A designated agent of the department is not required to include in an oral report or in a written summary: (1) a matter that is not evident to the designated agent at the time of the designated agent's inspection; or (2) any fact that indicates or evidences an intentional…

Ind. Code § 13-14-5-6 Information presented by property owner

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Sec. 6. (a) The property owner may provide information in response to any of the following: (1) An oral report provided under section 2 of this chapter. (2) A written summary provided under section 2 of this chapter. (3) Questions raised during the inspection visit. (b) The depar…

Ind. Code § 13-15-5-1 Notice requesting comments; period for comments; hearings

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Sec. 1. (a) In response to an application for an original permit or a renewal permit, the commissioner: (1) shall, if required by IC 13-15-3-3 or other law; or (2) may, if not required by law; publish a notice requesting comments concerning the question of issuance or denial of t…

Ind. Code § 13-15-5-1.5 Public hearing; notification to applicant

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Sec. 1.5. Not later than ten (10) days after the last day of a public comment period under this article or applicable rules of the board, the commissioner may decide, based on information received during the public comment period, to hold a public hearing before the issuance or d…

Ind. Code § 13-15-5-2 Written objection by the Environmental Protection Agency

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Sec. 2. The commissioner may not issue a permit under the operating permit program under 42 U.S.C. 7661 through 7661f if the United States Environmental Protection Agency makes a written objection within the time allowed under applicable federal law. [Pre-1996 Recodification Cita…

Ind. Code § 13-15-5-3 Issuance or denial of permit; notice of action

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Sec. 3. (a) Except as provided in section 2 of this chapter: (1) after the comment period; or (2) if a public hearing is held, after the public hearing; the commissioner shall issue the permit or deny the permit application. (b) Unless the commissioner states otherwise in writing…

Ind. Code § 13-17-5-1 Rules

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Sec. 1. The board may adopt rules for the control of emissions from vehicles. However, the board must, before adopting the rules, forward to each member of the general assembly a copy of the proposed rules. The rules may prescribe requirements for the following: (1) The installat…

Ind. Code § 13-17-5-10 Evaluation of nonattainment areas; air pollution reduction and regulatory relief strategies

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Sec. 10. Not later than December 31, 2025, the department shall do the following: (1) Perform a comprehensive evaluation of ambient air quality within any nonattainment areas in Indiana. (2) Identify air pollution reduction or regulatory relief strategies that can do the followin…

Ind. Code § 13-17-5-2 Consistency of rules with federal emission control laws

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Sec. 2. Any rules proposed for adoption under section 1 of this chapter must be consistent with provisions of federal law relating to control of emissions from vehicles. The board may not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, t…

Ind. Code § 13-17-5-3 Removal or failure to maintain emission control device

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Sec. 3. Except as permitted or authorized by law, a person may not: (1) fail to maintain in good working order; or (2) remove, dismantle, or otherwise cause to be inoperative; any air pollution control system or mechanism that is used to control air pollution of a vehicle and tha…

Ind. Code § 13-17-5-4 Penalty

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Sec. 4. The commissioner of the bureau of motor vehicles shall suspend the registration of any vehicle that is not in compliance with section 3 of this chapter and may not reinstate the registration until: (1) the emission control equipment of the vehicle has been restored, repla…

Ind. Code § 13-17-5-5.1 Applicability of rules regarding tests; inspection station powers; contracts to conduct tests

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Sec. 5.1. (a) A rule adopted by the board under air pollution control laws that requires: (1) certain motor vehicles registered in certain counties to undergo a periodic test of emission characteristics; and (2) vehicles failing the emissions test to be repaired and retested; app…

Ind. Code § 13-17-5-5.2 Legalization of certain rules, inspections, certifications, and contracts

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Sec. 5.2. The following are legalized: (1) A rule adopted by the air pollution control board and described in IC 13-17-5-5(a) before its repeal. (2) An inspection or certification conducted under IC 13-17-5-5(b) before its repeal. (3) Contracts entered into and inspections made u…

Ind. Code § 13-17-5-5.4 Number of inspection stations in certain counties

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Sec. 5.4. (a) This section applies to the following counties: (1) A county having a population of more than eighty thousand four hundred (80,400) and less than eighty-two thousand (82,000). (2) A county having a population of more than one hundred twenty thousand (120,000) and le…

Ind. Code § 13-17-5-6 Vehicle emissions tests certificate of compliance; new and recently manufactured vehicles

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Sec. 6. (a) A rule adopted by the board under air pollution control laws that: (1) requires periodic motor vehicle emissions tests; and (2) makes new vehicles exempt from the emissions tests for a time; may not require that new vehicles be presented at an official vehicle inspect…

Ind. Code § 13-17-5-7 Motor vehicle emissions testing program; funding

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Sec. 7. (a) The department shall annually advise the budget committee on whether: (1) money appropriated by the general assembly; and (2) money available through federal grants; is adequate to implement a motor vehicle emissions testing program described in section 5.1 of this ch…

Ind. Code § 13-17-5-8 Motor vehicle emissions inspection station; duty to report violations; notification of compliance

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Sec. 8. (a) Whenever: (1) an officer or employee of the department; or (2) a person the department has contracted with under section 5 (before its repeal) or 5.1 of this chapter or IC 13-1-1-11 (before its repeal); learns of a violation of section 1, 2, 3, or 4 of this chapter or…

Ind. Code § 13-17-5-9 Rules for vehicle inspection programs in certain counties

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Sec. 9. The board may not adopt a rule under air pollution control laws that requires motor vehicles to undergo a periodic test of emission characteristics in counties: (1) in attainment of the national ambient air quality standards; or (2) classified below moderate nonattainment…

Ind. Code § 13-18-5-1 Rules regarding secondary containment structures at storage or transfer facilities; release contingency plans

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Sec. 1. The board may adopt rules under IC 4-22-2 to require the following: (1) The construction or installation of secondary containment structures at facilities in which hazardous materials are stored or transferred for the purpose of preventing released hazardous materials fro…

Ind. Code § 13-18-5-2 Exemptions

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Sec. 2. The rules adopted under section 1 of this chapter must provide exemptions for the following: (1) A facility that is subject to similar requirements under other administrative rules or under state law, federal law, or federal regulations. (2) Hazardous materials that are s…

Ind. Code § 13-20-5-1 Applicability of chapter

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Sec. 1. This chapter does not apply to the disposal of solid waste by a person that: (1) generated the solid waste; and (2) disposes of the solid waste at a site that is: (A) owned by the person; and (B) limited, for purposes of the disposal of solid waste, to use by the person f…

Ind. Code § 13-20-5-2 Vehicle operator must identify the origin of solid waste to disposal facility

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Sec. 2. Upon transporting solid waste in a vehicle to a final disposal facility in Indiana for disposal, the operator of the vehicle shall identify to the owner or operator of the facility the origin of the solid waste by: (1) county and state, if the solid waste originated in th…

Ind. Code § 13-20-5-3 Failure to identify origin of solid waste

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Sec. 3. If the operator of a vehicle does not identify to the owner or operator of a final disposal facility the origin of the solid waste as required by section 2 of this chapter, the owner or operator may not permit the disposal in the final disposal facility of the solid waste…

Ind. Code § 13-20-5-5 County and state of origin of solid waste

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Sec. 5. For purposes of the collection of fees under IC 13-20-22, the county and state identified to the owner or operator of the facility under section 2(1) of this chapter with respect to a quantity of solid waste transported in a vehicle is considered the county and state in w…

Ind. Code § 13-21-5-1 Adoption of plan; submission to commissioner; requirements and criteria

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Sec. 1. Each district shall adopt and submit to the commissioner for approval a district solid waste management plan that meets: (1) the requirements of this chapter; and (2) the criteria and other elements set forth in the state plan. [Pre-1996 Recodification Citation: 13-9.5-4-…

Ind. Code § 13-21-5-10 Information provided by department to assist counties

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Sec. 10. The department shall provide information to assist counties to do the following: (1) Establish districts. (2) Develop district plans under this chapter. [Pre-1996 Recodification Citation: 13-9.5-4-4.] As added by P.L.1-1996, SEC.11.

Ind. Code § 13-21-5-11 Requirements of plan

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Sec. 11. A district plan must include the following: (1) The results of a demographic study of the district predicting the population of the district: (A) five (5) years; (B) ten (10) years; and (C) twenty (20) years; after the year the district plan is adopted. (2) A: (A) descri…

Ind. Code § 13-21-5-12 Solid waste management policy required

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Sec. 12. (a) A district plan must establish a solid waste management policy for the district that reflects the needs of the district and provides an integrated approach to solid waste management that includes the following: (1) Source reduction. (2) Alternatives to complete or pa…

Ind. Code § 13-21-5-13 Required contents of plan

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Sec. 13. A district plan must do the following: (1) Set forth goals and objectives for the district. (2) Identify alternative means of achieving these goals and objectives based upon the problems and needs of the district. (3) Set forth a description of the following: (A) The ope…

Ind. Code § 13-21-5-14 Disposal of certain waste materials required by plan

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Sec. 14. (a) A district plan must also include provisions for the management and disposal of the following materials for the term of the plan: (1) Waste tires. (2) Household hazardous waste. (3) Used oil. (4) White goods. (5) Other classifications of waste provided for in the sta…

Ind. Code § 13-21-5-15 Optional provisions to restrict disposal of solid waste from another state

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Sec. 15. A district plan may, to the extent the provisions are constitutionally permissible, include provisions to restrict or prohibit the disposal within the district of solid waste originating from another state if the district reasonably considers the provisions necessary to …

Ind. Code § 13-21-5-16 Considerations and limitations of plan

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Sec. 16. (a) A district plan must consider, in all circumstances, contracts with private persons. (b) A district plan or amended plan must, where reasonably necessary to effectuate the efficient use of existing permitted final disposal facilities, take account of permitted final …

Ind. Code § 13-21-5-17 Failure to submit plan; disapproval of revision; adoption of plan by commissioner

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Sec. 17. If: (1) a district fails to submit a district plan to the commissioner under section 1 of this chapter; or (2) the commissioner disapproves a revised district plan submitted by the district under section 9 of this chapter; the commissioner may adopt a solid waste managem…