Title 13, TITLE 13. ENVIRONMENT

Sec. 10. This chapter does not limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including the following: (1) The work product doctrine. (2) The attorney client privilege. [Pre-1996 Recodification Citation: 13-10-3-12.] As added by P.L.1-1996…

Sec. 11. (a) The department shall maintain statistics on the use of environmental audit reports in department compliance and enforcement activities, including statistics on: (1) the number of times the reports are disclosed to the department; (2) the number and types of violation…

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: …

[Pre-1996 Recodification Citation: 13-10-3-5.] As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.

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…

[Pre-1996 Recodification Citation: 13-10-3-7.] As added by P.L.1-1996, SEC.18. Repealed by P.L.224-1999, SEC.17.

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…

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…

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…

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: …

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…

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…

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; …

program 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…

Sec. 1. A manufacturer shall 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 manufacturer's video disp…

records Sec. 2. (a) A manufacturer shall conduct and document due diligence assessments of collectors and recyclers with which the manufacturer contracts to allow the manufacturer to comply with this chapter. (b) A manufacturer shall maintain for three (3) years documentation sho…

Sec. 3. A manufacturer shall provide the department with contact information for an individual who can be contacted regarding the manufacturer's activities under this article. As added by P.L.178-2009, SEC.27.

Sec. 1. The general assembly recognizes that there are two (2) approaches to environmental protection: (1) clean manufacturing; or (2) waste management, which is also known as pollution control. [Pre-1996 Recodification Citation: 13-1-10.1-1.] As added by P.L.1-1996, SEC.2. Amend…

Sec. 2. Clean manufacturing consists of economically feasible practices that reduce, avoid, or eliminate the unnecessary use of harmful industrial materials and the generation of industrial wastes, pollutants, emissions, and discharges at the point of production. Clean manufactur…

Sec. 3. Waste management or pollution control consists of environmental protection practices employed after industrial wastes, pollutants, discharges, and emissions have been generated. Waste management or pollution control practices include the following: (1) Waste storage and w…

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…

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…

Indiana Sec. 2. The department may take any action necessary to secure for Indiana the benefits of the statutes described in section 1 of this chapter. [Pre-1996 Recodification Citations: 13-1-4-2 part; 13-7-2-15(b).] As added by P.L.1-1996, SEC.3.

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.

Sec. 2. Except as provided in section 3 of this chapter, the designated agent of the department conducting the inspection must provide the property owner with the following: (1) Before completing an inspection of property under IC 13-14-2-2, an oral report of the inspection that …

Sec. 3. If the designated agent of the department completes the inspection at a time when the property owner is not available to receive an oral report under section 2 of this chapter, the designated agent shall send a written summary of the inspection in accordance with IC 13-14…

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…

Sec. 5. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter and IC 13-30-7. [Pre-1996 Recodification Citation: 13-7-5-3.3(l) part.] As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.83.

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 or 3 of this chapter. (3) Questions raised during the inspection visit. (b) The …

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…

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…

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…

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…

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…

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…

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…

[Pre-1996 Recodification Citation: 13-1-1-11 part.] As added by P.L.1-1996, SEC.7. Repealed by P.L.229-1999, SEC.5.

powers; contracts to conduct tests 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 te…

contracts 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 inspecti…

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…

recently manufactured vehicles 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…

As added by P.L.282-2003, SEC.36. Repealed by P.L.1-2007, SEC.248.

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…

violations; notification of compliance 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 s…

approval of programs by budget agency Sec. 9. (a) After December 31, 2006, 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 the following counties: (1) A county having a populati…

or transfer facilities; release contingency plans Sec. 1. The board shall 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 pu…

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…

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…

disposal facility 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 wast…

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…