Title 13, TITLE 13. ENVIRONMENT

Sec. 9. The commissioner may deny a permit application because the application is incomplete if: (1) the department, not later than thirty-five (35) working days after receiving the application, identifies each part of the application that is incomplete; and (2) the applicant has…

Sec. 1. The discharge into the outdoor atmosphere of air contaminants that would cause air pollution and create a public nuisance is contrary to the public policy of the state and this article. [Pre-1996 Recodification Citation: 13-1-1-7(a).] As added by P.L.1-1996, SEC.7.

Sec. 2. (a) Air pollution may at certain times and places so seriously affect the public health and so threaten the population as to warrant emergency powers to prevent or minimize disasters of unforeseen proportions. If the commissioner determines, in consultation with the commi…

Sec. 3. (a) Not more than twenty-four (24) hours after issuance of a proclamation under section 2 of this chapter, the attorney general, at the request of the governor, shall initiate injunctive proceedings in the appropriate court against each person causing or contributing to t…

Sec. 1. The board may adopt rules under IC 4-22-2 to determine what qualities and properties of water indicate a polluted condition of the water in any of the streams or waters of Indiana: (1) that is deleterious to: (A) the public health; or (B) the prosecution of any industry o…

Sec. 2. A rule or determination made by the board or the commissioner under sections 1 through 4 of this chapter shall be filed of record in the office of the department. [Pre-1996 Recodification Citation: 13-1-3-7(b).] As added by P.L.1-1996, SEC.8.

Sec. 3. The board may adopt rules restricting the polluting content of any waste material and polluting substances discharged or sought to be discharged into any of the streams or waters of Indiana. [Pre-1996 Recodification Citation: 13-1-3-7(c).] As added by P.L.1-1996, SEC.8.…

interest Sec. 4. The commissioner may take appropriate steps to prevent any pollution that is determined to be unreasonable and against public interests in view of the condition in any stream or other waters of Indiana. [Pre-1996 Recodification Citation: 13-1-3-7(d).] As added by…

Sec. 6. (a) Whenever the commissioner determines that a person: (1) is violating; or (2) is about to violate; section 5 of this chapter, the department shall serve notice of the commissioner's determination on the person in accordance with IC 13-14-2-1. (b) The commissioner shall…

Sec. 7. (a) Notwithstanding any rules of the board, the commissioner shall allow for a mixing zone in permits that involve a discharge into Lake Michigan if the applicant can demonstrate to the commissioner that the mixing zone will not cause harm to human health or aquatic life.…

Sec. 8. In issuing permits authorizing discharge induced mixing, the commissioner shall allow for mixing initiated by the use of: (1) submerged, high rate diffuser outfall structures; or (2) the functional equivalent of submerged, high rate diffuser outfall structures; that provi…

waste disposal facility permits Sec. 1. (a) Except as provided in section 8(e) of this chapter, this chapter does not apply to: (1) an applicant for a transfer station permit that holds a permit for and continuously operates; or (2) the transfer of a permit for a transfer station…

Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter. [Pre-1996 Recodification Citation: 13-7-10.2-7.] As added by P.L.1-1996, SEC.9. Amended by P.L.133-2012, SEC.134.

information Sec. 2. Before an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility may be granted, the applicant and each person who is a responsible party with …

Sec. 3. (a) In a disclosure statement required by section 2 of this chapter, the applicant or responsible party shall set forth the following information: (1) The name and business address of the applicant or responsible party. (2) A description of the applicant's or responsible …

Sec. 4. The department may investigate and verify the information set forth in a disclosure statement required by section 2 of this chapter. [Pre-1996 Recodification Citation: 13-7-10.2-3(d).] As added by P.L.1-1996, SEC.9. Amended by P.L.2-1997, SEC.43.

Sec. 5. (a) Subject to subsection (b), the commissioner may deny an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility if the commissioner finds that: (1) the …

Sec. 6. Before making a determination to deny an application for the issuance, transfer, or major modification of a permit under section 5 of this chapter, the commissioner shall consider the following mitigating factors: (1) The nature and details of the acts attributed to the a…

Sec. 7. (a) In taking action under this chapter on an application for the issuance, transfer, or major modification of a permit for a solid waste processing facility, solid waste disposal facility, or hazardous waste facility, the commissioner shall make separately stated finding…

commissioner Sec. 8. (a) This section does not apply to the transfer of ownership of a facility from a permittee whose business derives less than fifty percent (50%) of its gross revenue from the management of solid waste to a prospective owner whose business derives less than fi…

Sec. 9. IC 4-21.5 governs determinations, notice, hearings, and appeal of determinations under this chapter. [Pre-1996 Recodification Citation: 13-7-10.2-6.] As added by P.L.1-1996, SEC.9.

Sec. 1. This chapter does not apply to a vehicle used exclusively to transport municipal waste that is: (1) generated by a person; and (2) disposed of at a site that is: (A) owned by the person; and (B) for the purposes of solid waste disposal, may only be used by the person for …

Sec. 10. (a) The department may inspect a vehicle for the purpose of determining compliance with this chapter. (b) The department may: (1) inspect a vehicle that is not moving; and (2) not stop a vehicle that is in motion on a public highway (as defined in IC 9-25-2-4) only to co…

waste facility Sec. 11. A solid waste disposal facility or a solid waste processing facility may not accept a shipment of municipal waste that is not accompanied by a municipal waste transportation manifest as required by section 7 of this chapter. [Pre-1996 Recodification Citati…

facilities Sec. 12. A solid waste processing facility may not transport municipal waste to: (1) another solid waste processing facility; or (2) a solid waste disposal facility; unless the municipal waste is accompanied by a municipal waste transportation manifest required by sect…

[Pre-1996 Recodification Citation: 13-7-31-16.] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

[Pre-1996 Recodification Citation: 13-7-31-16.1.] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

[Pre-1996 Recodification Citation: 13-7-31-16.5.] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

Sec. 16. The board may adopt rules under IC 4-22-2 to implement this chapter. [Pre-1996 Recodification Citation: 13-7-31-17.] As added by P.L.1-1996, SEC.10. Amended by P.L.113-2014, SEC.73.

[Pre-1996 Recodification Citation: 13-7-31-8(a).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

[Pre-1996 Recodification Citation: 13-7-31-8(b), (c), (d).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

[Pre-1996 Recodification Citation: 13-7-31-8.1.] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

[Pre-1996 Recodification Citation: 13-7-31-8.2(a), (b).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

[Pre-1996 Recodification Citation: 13-7-31-8.2(c), (d).] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

Sec. 7. (a) This section applies to the transportation of municipal waste from solid waste processing facilities. (b) A shipment of municipal waste in a municipal waste collection and transportation vehicle must be accompanied by a municipal waste transportation manifest. (c) A m…

[Pre-1996 Recodification Citation: 13-7-31-13.1.] As added by P.L.1-1996, SEC.10. Amended by P.L.138-2000, SEC.7. Repealed by P.L.218-2001, SEC.11.

[Pre-1996 Recodification Citation: 13-7-31-13.3.] As added by P.L.1-1996, SEC.10. Repealed by P.L.131-2006, SEC.14.

Sec. 1. If: (1) a county seeks to withdraw from a joint district; or (2) a joint district seeks to remove a county from the joint district; the county or the joint district must follow the procedures set forth in this chapter. [Pre-1996 Recodification Citation: 13-9.5-2.3-1.] As …

Sec. 2. (a) If a county seeks to withdraw from a joint district that consists of more than two (2) counties, the county executive must: (1) adopt two (2) identical resolutions: (A) at least fifteen (15) days apart; and (B) not more than forty-five (45) days apart; and (2) submit …

joint district Sec. 2.5. (a) The withdrawal of a county from a joint district is effective upon: (1) the later of: (A) the date of delivery of both resolutions adopted under section (2)(a) of this chapter to the board of the joint district; or (B) the effective date specified in …

Sec. 3. (a) A county executive of a county withdrawing from the district or the county executive of each county that would remain in a joint district after a county is removed from the district that adopts and submits the identical resolutions described in section 2 of this chapt…

Sec. 4. (a) Except as provided in subsection (c), if a county withdraws from or is removed from a joint district that consists of more than two (2) counties, the county is responsible for its share of the legal obligations: (1) entered into by the joint district before the Septem…

Sec. 5. After an analysis described in section 3 of this chapter has been completed and the terms of any agreement have been tentatively agreed to under section 4(b) or 4(c) of this chapter, a public meeting must be held, not later than forty-five (45) days after the date the ten…

to be designated as county district or be member of joint district Sec. 6. (a) If a county withdraws from or the county executives of a joint district remove a county from a joint district, the county: (1) before July 1, 2017, must: (A) designate itself as a new county district; …

Sec. 7. A district plan described under section 6(b) of this chapter must be adopted by the: (1) county executive of the county located in the new county district; or (2) county executive of each county located in the new joint district; not later than sixty (60) days after the d…

[Pre-1996 Recodification Citation: 13-9.5-2.3-8.] As added by P.L.1-1996, SEC.11. Repealed by P.L.74-2002, SEC.11.

[Pre-1996 Recodification Citation: 13-9.5-2.3-9.] As added by P.L.1-1996, SEC.11. Repealed by P.L.74-2002, SEC.11.

Sec. 1. (a) A person that generates hazardous waste that is transported to a: (1) treatment; (2) storage; or (3) disposal; facility located at a site other than the site where the waste was generated shall use the Uniform Hazardous Waste Manifest form adopted by the United States…

Sec. 2. (a) A generator located in Indiana whose hazardous waste is transported to a treatment, storage, or disposal facility located in another state may use a manifest form prescribed by the law of the other state to meet the requirements of this chapter if the form is compatib…

[Pre-1996 Recodification Citation: 13-7-8.5-7(c).] As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.