IC 13TITLE 13. ENVIRONMENT
           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 4.1.REPEALED
           Art. 5.REPEALED
           Art. 6.REPEALED
           Art. 7.REPEALED
           Art. 8.REPEALED
           Art. 9.REPEALED
           Art. 9.5.REPEALED
           Art. 10.REPEALED
           Art. 11.DEFINITIONS
           Art. 12.GENERAL PROVISIONS
           Art. 13.DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
           Art. 14.POWERS AND DUTIES OF DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND BOARDS
           Art. 15.PERMITS GENERALLY
           Art. 16.FEES GENERALLY
           Art. 17.AIR POLLUTION CONTROL
           Art. 18.WATER POLLUTION CONTROL
           Art. 19.SOLID WASTE AND HAZARDOUS WASTE MANAGEMENT GENERALLY
           Art. 20.SOLID WASTE MANAGEMENT
           Art. 20.5.ELECTRONIC WASTE
           Art. 21.SOLID WASTE MANAGEMENT DISTRICTS
           Art. 22.HAZARDOUS WASTE MANAGEMENT
           Art. 23.UNDERGROUND STORAGE TANKS
           Art. 24.PETROLEUM
           Art. 25.HAZARDOUS SUBSTANCES
           Art. 26.REGIONAL WATER, SEWAGE, AND SOLID WASTE DISTRICTS
           Art. 27.INDUSTRIAL POLLUTION PREVENTION AND SAFE MATERIALS
           Art. 27.5.REPEALED
           Art. 28.TECHNICAL ASSISTANCE AND VOLUNTARY COMPLIANCE
           Art. 29.INTERSTATE COMPACTS
           Art. 30.ENFORCEMENT AND LEGAL ACTIONS

 

IC 13-1ARTICLE 1. REPEALED

Repealed by P.L.1-1996, SEC.99.

 

IC 13-2ARTICLE 2. REPEALED

[Pre-Local Government Recodification Citations:

13-2-19.5-1           formerly 19-4-11-1

13-2-19.5-2           formerly 19-4-11-2

13-2-19.5-3           formerly 19-4-11-3

13-2-19.5-4           formerly 19-4-11-4

13-2-19.5-5           formerly 19-4-11-5

13-2-19.5-6           formerly 19-4-11-6

13-2-19.5-7           formerly 19-4-11-7

13-2-19.5-8           formerly Acts 1974, P.L.156, SECTION 1

13-2-19.5-9           formerly 19-3-2-106 part

13-2-22.6-1           formerly 18-7-4.5-1 part

13-2-22.6-2           formerly 18-7-4.5-2

13-2-22.6-3           formerly 18-7-4.5-3

13-2-22.6-4           formerly 18-7-4.5-4

13-2-22.6-5           formerly 18-7-4.5-5

13-2-22.6-6           formerly 18-7-4.5-6

13-2-22.6-7           formerly 18-7-4.5-7

13-2-22.6-8           formerly 18-7-4.5-8

13-2-22.6-9           formerly 18-7-4.5-9

13-2-22.6-10         formerly 18-7-4.5-10

13-2-22.6-11         formerly 18-7-4.5-11

13-2-22.6-12         formerly 18-7-4.5-1 part; 18-7-4.5-12

13-2-22.6-13         formerly 18-7-4.5-13

13-2-22.6-14         formerly 18-7-4.5-14

13-2-22.6-15         formerly 18-7-4.5-15

13-2-22.6-16         formerly 18-7-4.5-16

13-2-22.6-17         formerly 18-7-4.5-17

13-2-22.6-18         formerly 18-7-4.5-18

13-2-22.6-19         formerly 18-7-4.5-19

13-2-22.6-20         formerly 18-7-4.5-20

13-2-22.6-21         formerly 18-7-4.5-21

13-2-22.6-22         formerly 18-7-4.5-22

13-2-22.6-23         formerly 18-7-4.5-23

13-2-22.6-24         formerly 18-7-4.5-24

13-2-22.6-25         formerly Acts 1975, P.L.192, SECTION 1

13-2-22.6-26         formerly 18-7-4.5-26

13-2-22.6-27         formerly 18-7-4.5-27

13-2-28-1              formerly Acts 1971, P.L.483, SECTION 1

13-2-28-2              formerly Acts 1971, P.L.483, SECTION 2

13-2-29-1              formerly 19-4-11.5-1

13-2-29-2              formerly 19-4-11.5-2

13-2-30-1              formerly 19-4-10.5-1

13-2-30-2              formerly 19-4-10.5-2

13-2-31-1              formerly 19-4-12-1

13-2-31-2              formerly 19-4-12-2

13-2-31-3              formerly 19-4-12-3

13-2-31-4              formerly 19-4-12-4

13-2-31-5              formerly 19-4-12-5

13-2-31-6              formerly 19-4-12-6

13-2-31-7              formerly 19-4-12-7

13-2-31-8              formerly 19-4-12-8

13-2-31-9              formerly 19-4-12-9

13-2-31-10            formerly 19-4-12-10

13-2-31-11            formerly 19-4-12-11

13-2-31-12            formerly 19-4-12-12

13-2-31-13            formerly 19-4-12-13

13-2-31-14            formerly 19-4-12-14

13-2-31-15            formerly 19-4-12-15

13-2-31-16            formerly 19-4-12-16

13-2-31-17            formerly 19-4-12-17

13-2-31-18            formerly 19-4-12-18

13-2-31-19            formerly 19-4-12-19

13-2-31-20            formerly 19-4-12-20

13-2-31-21            formerly 19-4-12-21

13-2-31-22            formerly 19-4-12-22

13-2-31-23            formerly 19-4-12-23

13-2-31-24            formerly 19-4-12-24

13-2-31-25            formerly 19-4-12-25

13-2-31-26            formerly 19-4-12-26

13-2-31-27            formerly 19-4-12-27

13-2-31-28            formerly 19-4-12-28

13-2-31-29            formerly 19-4-12-29

13-2-31-30            formerly 19-4-12-31

13-2-31-31            formerly 19-4-12-32.]

Repealed by P.L.1-1995, SEC.91.

 

IC 13-3ARTICLE 3. REPEALED

[Pre-Local Government Recodification Citations:

13-3-2-1                formerly 19-3-1.1-2

13-3-2-2                formerly 19-3-1.1-1

13-3-2-3                formerly 19-3-1.1-3

13-3-2-4                formerly 19-3-1.1-4

13-3-2-5                formerly 19-3-1.1-5

13-3-2-6                formerly 19-3-1.1-5.1

13-3-2-7                formerly 19-3-1.1-5.2

13-3-2-8                formerly 19-3-1.1-6

13-3-2-9                formerly 19-3-1.1-7

13-3-2-10              formerly 19-3-1.1-8

13-3-2-11              formerly 19-3-1.1-9

13-3-2-12              formerly 19-3-1.1-10

13-3-2-13              formerly 19-3-1.1-11

13-3-2-14              formerly 19-3-1.1-12

13-3-2-15              formerly 19-3-1.1-13

13-3-2-16              formerly 19-3-1.1-14

13-3-2-17              formerly 19-3-1.1-15

13-3-2-18              formerly 19-3-1.1-16

13-3-2-19              formerly 19-3-1.1-17

13-3-2-20              formerly 19-3-1.1-18

13-3-2-21              formerly 19-3-1.1-19

13-3-2-22              formerly 19-3-1.1-20

13-3-2-23              formerly 19-3-1.1-21

13-3-2-24              formerly 19-3-1.1-22

13-3-2-25              formerly 19-3-1.1-23

13-3-2-26              formerly 19-3-1.1-24

13-3-2-27              formerly 19-3-1.1-25

13-3-2-28              formerly 19-3-1.1-26

13-3-2-29              formerly 19-3-1.1-28

13-3-2-30              New

13-3-3-1                Part new; formerly 19-3-2-2; 19-3-2-91; 19-3-2-103

13-3-3-2                formerly 19-3-2-3

13-3-3-3                formerly 19-3-2-4

13-3-3-4                formerly 19-3-2-5

13-3-3-5                formerly 19-3-2-6

13-3-3-6                formerly 19-3-2-7

13-3-3-7                formerly 19-3-2-8

13-3-3-8                formerly 19-3-2-9

13-3-3-9                formerly 19-3-2-10

13-3-3-10              formerly 19-3-2-11

13-3-3-11              formerly 19-3-2-12

13-3-3-12              formerly 19-3-2-13

13-3-3-13              formerly 19-3-2-14; 19-3-2-15

13-3-3-14              formerly 19-3-2-16

13-3-3-15              formerly 19-3-2-17

13-3-3-16              formerly 19-3-2-18

13-3-3-17              formerly 19-3-2-19

13-3-3-18              formerly 19-3-2-20

13-3-3-19              formerly 19-3-2-21

13-3-3-20              formerly 19-3-2-22

13-3-3-21              formerly 19-3-2-23

13-3-3-22              formerly 19-3-2-24

13-3-3-23              formerly 19-3-2-25; 19-3-2-26

13-3-3-24              formerly 19-3-2-27

13-3-3-25              formerly 19-3-2-28; 19-3-2-29

13-3-3-26              formerly 19-3-2-30

13-3-3-27              formerly 19-3-2-31

13-3-3-28              formerly 19-3-2-32

13-3-3-29              formerly 19-3-2-33

13-3-3-30              formerly 19-3-2-34

13-3-3-31              formerly 19-3-2-35

13-3-3-32              formerly 19-3-2-36

13-3-3-33              formerly 19-3-2-37

13-3-3-34              formerly 19-3-2-38

13-3-3-35              formerly 19-3-2-39

13-3-3-36              formerly 19-3-2-40

13-3-3-37              formerly 19-3-2-41

13-3-3-38              formerly 19-3-2-42

13-3-3-39              formerly 19-3-2-43

13-3-3-40              formerly 19-3-2-44

13-3-3-41              formerly 19-3-2-45

13-3-3-42              formerly 19-3-2-46

13-3-3-43              formerly 19-3-2-47

13-3-3-44              formerly 19-3-2-48

13-3-3-45              formerly 19-3-2-48.5

13-3-3-46              formerly 19-3-2-49

13-3-3-47              formerly 19-3-2-50

13-3-3-48              formerly 19-3-2-51

13-3-3-49              formerly 19-3-2-52

13-3-3-50              formerly 19-3-2-53

13-3-3-51              formerly 19-3-2-54

13-3-3-52              formerly 19-3-2-55

13-3-3-53              formerly 19-3-2-56

13-3-3-54              formerly 19-3-2-57

13-3-3-55              formerly 19-3-2-58

13-3-3-56              formerly 19-3-2-59

13-3-3-57              formerly 19-3-2-60

13-3-3-58              formerly 19-3-2-61

13-3-3-59              formerly 19-3-2-62

13-3-3-60              formerly 19-3-2-63

13-3-3-61              formerly 19-3-2-64

13-3-3-62              formerly 19-3-2-65

13-3-3-63              formerly 19-3-2-66

13-3-3-64              formerly 19-3-2-67

13-3-3-65              formerly 19-3-2-68

13-3-3-66              formerly 19-3-2-69

13-3-3-67              formerly 19-3-2-70

13-3-3-68              formerly 19-3-2-71

13-3-3-69              formerly 19-3-2-72

13-3-3-70              formerly 19-3-2-73

13-3-3-71              formerly 19-3-2-74

13-3-3-72              formerly 19-3-2-75

13-3-3-73              formerly 19-3-2-76

13-3-3-74              formerly 19-3-2-77

13-3-3-75              formerly 19-3-2-78

13-3-3-76              formerly 19-3-2-79

13-3-3-77              formerly 19-3-2-80

13-3-3-78              formerly 19-3-2-81

13-3-3-79              formerly 19-3-2-82

13-3-3-80              formerly 19-3-2-83

13-3-3-81              formerly 19-3-2-84

13-3-3-82              formerly 19-3-2-84.5

13-3-3-83              formerly 19-3-2-85

13-3-3-84              formerly 19-3-2-86

13-3-3-85              formerly 19-3-2-87

13-3-3-86              formerly 19-3-2-88

13-3-3-87              formerly 19-3-2-89

13-3-3-88              formerly 19-3-2-90

13-3-3-89              formerly 19-3-2-90.5

13-3-3-90              formerly 19-3-2-92

13-3-3-91              formerly 19-3-2-93

13-3-3-92              formerly 19-3-2-94

13-3-3-93              formerly 19-3-2-95

13-3-3-94              formerly 19-3-2-96

13-3-3-95              formerly 19-3-2-96.5

13-3-3-96              formerly 19-3-2-97

13-3-3-97              formerly 19-3-2-98

13-3-3-98              formerly 19-3-2-99

13-3-3-99              formerly 19-3-2-100

13-3-3-100            formerly 19-3-2-101

13-3-3-101            formerly 19-3-2-102; 19-3-2-104

13-3-3-102            formerly 19-3-2-91

13-3-4-1                Part new; formerly 19-3-2-2; 19-3-2-91; 19-3-2-103; 19-3-3-15

13-3-4-2                formerly 19-3-3-2

13-3-4-3                formerly 19-3-3-3

13-3-4-4                formerly 19-3-3-4

13-3-4-5                formerly 19-3-3-5

13-3-4-6                formerly 19-3-3-6

13-3-4-7                formerly 19-3-3-7

13-3-4-8                formerly 19-3-3-8

13-3-4-9                formerly 19-3-3-9

13-3-4-10              formerly 19-3-3-10

13-3-4-11              formerly 19-3-3-11

13-3-4-12              formerly 19-3-3-12

13-3-4-13              formerly 19-3-3-13

13-3-4-14              formerly 19-3-3-14

13-3-4-15              formerly 19-3-3-16

13-3-4-16              formerly 19-3-3-17

13-3-5-1                Part new; formerly19-3-2-2; 19-3-2-91; 19-3-2-103

13-3-5-2                formerly 19-3-5-1

13-3-5-3                formerly 19-3-5-2

13-3-5-4                formerly 19-3-5-3

13-3-5-5                formerly 19-3-5-4

13-3-5-6                formerly 19-3-5-5

13-3-5-7                formerly 19-3-5-6

13-3-5-8                formerly 19-3-5-7

13-3-5-9                formerly 19-3-5-8

13-3-6-1                formerly 19-3-4-1; 19-3-4-2 part

13-3-6-2                formerly 19-3-2-2; 19-3-2-91; 19-3-2-103; 19-3-4-2 part

13-3-6-3                formerly 19-3-4-3

13-3-6-4                formerly 19-3-4-4

13-3-6-5                formerly 19-3-4-5

13-3-6-6                formerly 19-3-4-6

13-3-6-7                formerly 19-3-4-7

13-3-7-1                formerly14-3-3-8 part; 19-3-6-2

13-3-7-2                formerly 19-3-6-3

13-3-7-3                formerly 19-3-6-4

13-3-7-4                formerly 19-3-6-5

13-3-7-5                formerly 19-3-6-6

13-3-7-6                formerly 19-3-6-7

13-3-7-7                formerly 19-3-6-8

13-3-7-8                formerly 19-3-6-9

13-3-7-9                formerly 19-3-6-10

13-3-7-10              formerly 19-3-6-11

13-3-7-11              formerly 19-3-6-12

13-3-7-12              formerly 19-3-6-13

13-3-7-13              formerly 19-3-6-14

13-3-7-14              formerly 19-3-6-16.]

Repealed by P.L.1-1996, SEC.99.

 

IC 13-4ARTICLE 4. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 13-4.1ARTICLE 4.1. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 13-5ARTICLE 5. REPEALED

Repealed by P.L.1-1996, SEC.99.

 

IC 13-6ARTICLE 6. REPEALED

Repealed by P.L.1-1996, SEC.99.

 

IC 13-7ARTICLE 7. REPEALED

Repealed by P.L.1-1996, SEC.99.

 

IC 13-8ARTICLE 8. REPEALED

Repealed by P.L.1-1995, SEC.91.

 

IC 13-9ARTICLE 9. REPEALED

Repealed by P.L.1-1996, SEC.99.

 

IC 13-9.5ARTICLE 9.5. REPEALED

Repealed by P.L.1-1996, SEC.99.

 

IC 13-10ARTICLE 10. REPEALED

Repealed by P.L.1-1996, SEC.99.

 

IC 13-11ARTICLE 11. DEFINITIONS
           Ch. 1.General Provisions
           Ch. 2.Definitions

 

IC 13-11-1Chapter 1. General Provisions
           13-11-1-1Applicability of definitions in this article
           13-11-1-2Applicability of definitions in IC 36-1-2
           13-11-1-3Applicability of definitions to IC 13-29-1 and IC 13-29-2

 

IC 13-11-1-1Applicability of definitions in this article

     Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-1-2Applicability of definitions in IC 36-1-2

     Sec. 2. The definitions in IC 36-1-2 apply to the following:

(1) IC 13-20-3.

(2) IC 13-20-22.

(3) IC 13-21.

[Pre-1996 Recodification Citation: 13-9.5-1-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-1-3Applicability of definitions to IC 13-29-1 and IC 13-29-2

     Sec. 3. Except as otherwise provided, the definitions in this article do not apply to the following:

(1) IC 13-29-1.

(2) IC 13-29-2.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2Chapter 2. Definitions
           13-11-2-0.1Application of certain amendments to chapter
           13-11-2-0.2Application of certain amendments to prior law
           13-11-2-0.5Repealed
           13-11-2-0.6Repealed
           13-11-2-0.7"ABS sensor"
           13-11-2-1"Active area"
           13-11-2-1.5"Acute hazardous waste"
           13-11-2-2"Administrator"
           13-11-2-2.3Repealed
           13-11-2-3"Air contaminant"
           13-11-2-4"Air contaminant source"
           13-11-2-5"Air pollution"
           13-11-2-6"Air pollution control laws"
           13-11-2-7"Alternative PCB technology"
           13-11-2-7.5"Antique"
           13-11-2-8"Applicant"
           13-11-2-9"Application"
           13-11-2-10"Asbestos"
           13-11-2-11"Asbestos containing material"
           13-11-2-12"Asbestos contractor"
           13-11-2-13"Asbestos project"
           13-11-2-14"Assistance"
           13-11-2-15"Assistant commissioner"
           13-11-2-15.5"ASTM"
           13-11-2-16"Authority"
           13-11-2-16.3"Automotive salvage recycler"
           13-11-2-16.5"Automobile scrapyard"
           13-11-2-16.6"Biomass"
           13-11-2-16.7"Biomass anaerobic digestion facility"
           13-11-2-16.8"Biomass gasification facility"
           13-11-2-17"Board"
           13-11-2-18Repealed
           13-11-2-19"Broker"
           13-11-2-19.3"Brownfield"
           13-11-2-19.5"Budget agency"
           13-11-2-20"Business"
           13-11-2-21"Business organization"
           13-11-2-22"Byproduct material"
           13-11-2-23"Care"
           13-11-2-23.5"Cathode ray tube"
           13-11-2-24"CERCLA"
           13-11-2-25"Chemical munition"
           13-11-2-25.2"Chemical toilet"
           13-11-2-25.5Repealed
           13-11-2-25.7"Claimant"
           13-11-2-25.8"Class I wetland"; Class II wetland"; Class III wetland"
           13-11-2-26"Class 2 modification"
           13-11-2-27"Class 3 modification"
           13-11-2-27.6"Clean manufacturing"
           13-11-2-28Repealed
           13-11-2-29"Clean Water Act"
           13-11-2-30"Cleaning"
           13-11-2-30.8"Coal combustion residuals"
           13-11-2-31"Coal mine permit"
           13-11-2-31.1"Collection"
           13-11-2-31.2"Collector"
           13-11-2-31.3"Combined sewage"
           13-11-2-31.4"Combined sewer"
           13-11-2-31.5"Combined sewer operational plan"
           13-11-2-31.6"Combined sewer system"
           13-11-2-32"Commercial hazardous waste facility"
           13-11-2-33"Commercial low level radioactive waste facility"
           13-11-2-34"Commission"
           13-11-2-35"Commissioner"
           13-11-2-35.5"Community water system"
           13-11-2-36"Compact"
           13-11-2-36.3"Compensatory mitigation"
           13-11-2-36.5Repealed
           13-11-2-37"Compost"
           13-11-2-38"Composting"
           13-11-2-38.1"Computer"
           13-11-2-38.2"Computer monitor"
           13-11-2-38.3"Concentrated animal feeding operation" or "CAFO"
           13-11-2-38.5"Conditionally exempt small quantity generator waste"
           13-11-2-39"Confined feeding"
           13-11-2-40"Confined feeding operation"
           13-11-2-40.8"Construction"
           13-11-2-41"Construction\demolition waste"
           13-11-2-42"Contaminant"
           13-11-2-43"Contamination"
           13-11-2-43.5"Control alternative"
           13-11-2-44"Cost"
           13-11-2-45"Cost of the works"
           13-11-2-46Repealed
           13-11-2-47"County solid waste management district" or "county district"
           13-11-2-47.5"Covered electronic device"
           13-11-2-47.7"Covered entity"
           13-11-2-48"Creditor"
           13-11-2-48.3Repealed
           13-11-2-49"Damage"
           13-11-2-50"Decommissioning"
           13-11-2-50.5"Degradation"
           13-11-2-51"Department"
           13-11-2-52"Department enforcement action"
           13-11-2-53"Developer"
           13-11-2-54Repealed
           13-11-2-55"Discharge"
           13-11-2-56Repealed
           13-11-2-57"Disposal"
           13-11-2-57.1"Disposal fee"
           13-11-2-57.2"Disposal facility"
           13-11-2-57.7Repealed
           13-11-2-58"District"
           13-11-2-59"District plan"
           13-11-2-60"Division"
           13-11-2-61"Dredged material"
           13-11-2-61.3"Dwelling"
           13-11-2-61.5Repealed
           13-11-2-61.6"East Chicago area of special concern"
           13-11-2-62"Eligible entity"
           13-11-2-62.5"Eligible party"
           13-11-2-62.7"Eligible release"
           13-11-2-63"Eligible state"
           13-11-2-63.5"ELTF"
           13-11-2-63.6"ELTF claim"
           13-11-2-63.7"ELTF indemnity claim"
           13-11-2-64"Emergency"
           13-11-2-65"Emergency action"
           13-11-2-66"Emergency response agency"
           13-11-2-66.5Repealed
           13-11-2-66.7Repealed
           13-11-2-66.9"End of life vehicle"
           13-11-2-67"Enforcement action"
           13-11-2-68"Environmental audit"
           13-11-2-69"Environmental audit report"
           13-11-2-70Repealed
           13-11-2-70.3"Environmental legal action"
           13-11-2-71"Environmental management laws"
           13-11-2-71.2"Environmental restrictive ordinance"
           13-11-2-72"Environmental wastes"
           13-11-2-72.3"EPA"
           13-11-2-72.5Repealed
           13-11-2-73"Excess liability trust fund"
           13-11-2-74"Executive"
           13-11-2-74.5"Exempt isolated wetland"
           13-11-2-75"Exposure assessment"
           13-11-2-76"Extremely hazardous substance"
           13-11-2-77"Facility"
           13-11-2-78"Federal permit"
           13-11-2-79"Federal Water Pollution Control Act"
           13-11-2-79.5"Fertilizer material"
           13-11-2-80"FESOP"
           13-11-2-81"Fiduciary"
           13-11-2-81.5"Fiduciary capacity"
           13-11-2-82"Final disposal facility"
           13-11-2-83"Financial assistance agreement"
           13-11-2-84"Financial assurance board"
           13-11-2-84.5"Financial or administrative function"
           13-11-2-85"Financing agreement"
           13-11-2-85.3"Fiscal year"
           13-11-2-85.5Repealed
           13-11-2-85.6"Foreclosure"
           13-11-2-85.7Repealed
           13-11-2-86"Fiscal body"
           13-11-2-86.7"Freehold"
           13-11-2-86.8"Freeholder"
           13-11-2-87"Fund"
           13-11-2-88"Garbage"
           13-11-2-89"Generator"
           13-11-2-90"Governmental entity"
           13-11-2-91"Grantee"
           13-11-2-92"Groundwater monitoring well"
           13-11-2-93"Guarantor"
           13-11-2-94"Hazardous chemical"
           13-11-2-95"Hazardous household product"
           13-11-2-96"Hazardous material"
           13-11-2-97"Hazardous materials emergency"
           13-11-2-98"Hazardous substance"
           13-11-2-99"Hazardous waste"
           13-11-2-100"Hazardous waste facility"
           13-11-2-101"Hazardous waste landfill"
           13-11-2-102"High level radioactive waste"
           13-11-2-102.6"Host agreement"
           13-11-2-103"Host state"
           13-11-2-103.9"Household"
           13-11-2-104"Household hazardous waste"
           13-11-2-104.5"Hulk crusher"
           13-11-2-104.6"IHCDA"
           13-11-2-104.7"In lieu fee mitigation program"
           13-11-2-105"Incidental concentration of PCB"
           13-11-2-106"Incinerator"
           13-11-2-107"Includes"
           13-11-2-108"Industrial permit"
           13-11-2-109"Industrial pretreatment permit"
           13-11-2-109.5Repealed
           13-11-2-110Repealed
           13-11-2-111"Intentionally introduced"
           13-11-2-112"Interstate agency"
           13-11-2-112.5"Isolated wetland"
           13-11-2-113"Joint solid waste management district" or "joint district"
           13-11-2-113.5"Knee of the curve"
           13-11-2-114"Land application"
           13-11-2-114.2"Land application operation"
           13-11-2-115"Land disposal"
           13-11-2-115.5Repealed
           13-11-2-116"Landfill"
           13-11-2-117Repealed
           13-11-2-118"Lead acid battery"
           13-11-2-118.3Repealed
           13-11-2-118.4"Legitimate use"
           13-11-2-118.5Repealed
           13-11-2-119"Lender"
           13-11-2-119.5Repealed
           13-11-2-120"Local emergency planning committee"
           13-11-2-120.5"Long term control plan"
           13-11-2-121"Low level radioactive waste"
           13-11-2-122"Major modification"
           13-11-2-123"Major permit"
           13-11-2-124"Management plan"
           13-11-2-125"Manifest"
           13-11-2-126"Manufacturer"
           13-11-2-126.5"Manure"
           13-11-2-127"Mass balance calculation"
           13-11-2-128"Material safety data sheet"
           13-11-2-128.3"Mercury-added novelty"
           13-11-2-128.5"Mercury-added product"
           13-11-2-128.6"Mercury commodity"
           13-11-2-128.7"Mercury fever thermometer"
           13-11-2-128.8"Mercury switch"
           13-11-2-129"MGD"
           13-11-2-129.6"Military base"
           13-11-2-130"Minor permit"
           13-11-2-130.1"Motor vehicle"
           13-11-2-130.2"Motor vehicle manufacturer"
           13-11-2-130.3"Motor vehicle recycler"
           13-11-2-130.5Repealed
           13-11-2-131"Multimedia"
           13-11-2-132"Municipal permit"
           13-11-2-133"Municipal waste"
           13-11-2-134Repealed
           13-11-2-135"Municipality"
           13-11-2-136"National contingency plan"
           13-11-2-136.5"National mercury switch recovery program"
           13-11-2-137"Natural resources"
           13-11-2-138"Navigable waters"
           13-11-2-139"Net revenues"
           13-11-2-140"New tire"
           13-11-2-141"Noncontact cooling water"
           13-11-2-142"Nonoperational storage tank"
           13-11-2-142.3"Nonprofit corporation"
           13-11-2-142.6"Nonpublic school"
           13-11-2-142.7"Nontransient noncommunity water system"
           13-11-2-143"Office"
           13-11-2-144"Oil"
           13-11-2-144.7"Onsite residential sewage discharging disposal system"
           13-11-2-144.8"Onsite sewage system"
           13-11-2-145"Open burning"
           13-11-2-146"Open dump"
           13-11-2-147"Open dumping"
           13-11-2-147.5"Operational function"
           13-11-2-148"Operator"
           13-11-2-149"Outfall"
           13-11-2-149.5"Outstanding national resource water"
           13-11-2-149.6"Outstanding state resource water"
           13-11-2-149.8"Over the counter drug"
           13-11-2-150"Owner"
           13-11-2-151"Owner or operator"
           13-11-2-151.1"Participant"
           13-11-2-151.2"Participate in management" for purposes of IC 13-23-13
           13-11-2-151.3"Participate in management" for purposes of IC 13-24-1
           13-11-2-151.4"Participate in management" for purposes of IC 13-25-4
           13-11-2-151.6"Panel"
           13-11-2-152Repealed
           13-11-2-153"Party"
           13-11-2-154"Party state"
           13-11-2-154.5"Passenger tire equivalent"
           13-11-2-155"PCB"
           13-11-2-156"Pending"
           13-11-2-156.4"Periodic vehicle inspection program"
           13-11-2-156.5"Peripheral"
           13-11-2-157"Permit"
           13-11-2-158"Person"
           13-11-2-158.2"Personal care product"
           13-11-2-159"Pesticide"
           13-11-2-160"Petroleum"
           13-11-2-161"Petroleum facility"
           13-11-2-162"Petroleum marketer"
           13-11-2-163"Petroleum trust fund"
           13-11-2-163.5"Plastic"
           13-11-2-164"Political subdivision"
           13-11-2-165"Pollution control laws"
           13-11-2-166"Pollution prevention"
           13-11-2-166.5Repealed
           13-11-2-167"Portable sanitary unit"
           13-11-2-168"Potential emissions"
           13-11-2-169"Ppm"
           13-11-2-170"Prior environmental law"
           13-11-2-171"Processing"
           13-11-2-172"Program"
           13-11-2-172.1"Program year"
           13-11-2-173"Project"
           13-11-2-174Repealed
           13-11-2-175"Property owner"
           13-11-2-176"Public notice"
           13-11-2-176.5"Public school"
           13-11-2-177Repealed
           13-11-2-177.3"Public water system"
           13-11-2-177.5"Publicly owned treatment works"
           13-11-2-178"Railroad car"
           13-11-2-179"Recovery"
           13-11-2-179.5"Recyclable material"
           13-11-2-179.6"Recyclable materials broker"
           13-11-2-179.7"Recycle"
           13-11-2-179.9"Recycler"
           13-11-2-180"Recycling"
           13-11-2-180.1"Recycling credits"
           13-11-2-181"Region"
           13-11-2-182"Regional facility"
           13-11-2-183"Regulated substance"
           13-11-2-184"Release"
           13-11-2-185"Remedial action"
           13-11-2-186"Remediation"
           13-11-2-187"Removal"
           13-11-2-188"Removal costs"
           13-11-2-189"Response"
           13-11-2-190"Response assistance"
           13-11-2-191"Responsible party"
           13-11-2-192"Responsible person"
           13-11-2-193"Restricted waste"
           13-11-2-193.5"Restrictive covenant"
           13-11-2-194"Retailer"
           13-11-2-195"Revenues"
           13-11-2-195.5"Safe Drinking Water Act"
           13-11-2-195.7"Sale" or "sell"
           13-11-2-196"SARA"
           13-11-2-196.2"Satellite manure storage facility"
           13-11-2-196.5"Scrap metal processor"
           13-11-2-197"Secondary containment structure"
           13-11-2-197.5"Secondary material"
           13-11-2-197.7"Security interest"
           13-11-2-198"Self-insurance"
           13-11-2-199"Semipublic permit"
           13-11-2-199.2"Septage"
           13-11-2-199.3"Septage management"
           13-11-2-199.5"Septic tank soil absorption system"
           13-11-2-200"Sewage"
           13-11-2-201"Sewage disposal system"
           13-11-2-202"Sewage works"
           13-11-2-202.8"Single stream recyclable materials"
           13-11-2-203"Site"
           13-11-2-203.5"Small business"
           13-11-2-204"Small business petroleum marketer"
           13-11-2-204.2"Small business stationary source"
           13-11-2-205"Solid waste"
           13-11-2-206"Solid waste disposal facility"
           13-11-2-207"Solid waste hauler"
           13-11-2-208"Solid waste landfill"
           13-11-2-209"Solid waste management"
           13-11-2-210Repealed
           13-11-2-211"Solid waste management unit"
           13-11-2-212"Solid waste processing facility"
           13-11-2-213"Source"
           13-11-2-214"Source reduction"
           13-11-2-215Repealed
           13-11-2-215.1Repealed
           13-11-2-216"Spent nuclear fuel"
           13-11-2-217Repealed
           13-11-2-218Repealed
           13-11-2-219"State"
           13-11-2-220"State permit"
           13-11-2-221"State plan"
           13-11-2-221.5"State regulated wetland"
           13-11-2-222"Stone quarry permit"
           13-11-2-223"Storage"
           13-11-2-223.5"Storm water management program"
           13-11-2-224"Stormwater permit"
           13-11-2-225"Substance"
           13-11-2-226"Supplemental fund"
           13-11-2-227"Supplemental program"
           13-11-2-227.5"Synthetic plastic microbead"
           13-11-2-228"Tank"
           13-11-2-229Repealed
           13-11-2-229.5Repealed
           13-11-2-230Repealed
           13-11-2-230.1"Television"
           13-11-2-231"Tire"
           13-11-2-232"Title V operating permit"
           13-11-2-232.8"Ton"
           13-11-2-233"Toxic material"
           13-11-2-233.5"Tract"
           13-11-2-234Repealed
           13-11-2-235"Transfer station"
           13-11-2-236Repealed
           13-11-2-237Repealed
           13-11-2-237.5"Transient noncommunity water system"
           13-11-2-238"Transporter"
           13-11-2-239"Treatment"
           13-11-2-240"Underground petroleum storage tank"
           13-11-2-241"Underground storage tank"
           13-11-2-242"Unit"
           13-11-2-242.3"Upset"
           13-11-2-242.5"Use attainability analysis"
           13-11-2-243"Used oil"
           13-11-2-244"User"
           13-11-2-244.3"UST"
           13-11-2-244.5"Utilize"
           13-11-2-245"Vehicle"
           13-11-2-245.2"Vehicle disposal facility"
           13-11-2-245.4"Video display device"
           13-11-2-245.5"Voluntarily created wetland"
           13-11-2-246Repealed
           13-11-2-247"Waste management"
           13-11-2-247.5"Waste management services"
           13-11-2-248"Waste minimization"
           13-11-2-249"Waste reduction"
           13-11-2-249.5Repealed
           13-11-2-250"Waste tire"
           13-11-2-250.5"Waste tire processing operation"
           13-11-2-251"Waste tire storage site"
           13-11-2-252"Waste tire transporter"
           13-11-2-253"Waste-to-energy facility"
           13-11-2-254"Waste transfer activities"
           13-11-2-255"Waste treatment facilities"
           13-11-2-256Repealed
           13-11-2-257Repealed
           13-11-2-257.6"Wastewater"
           13-11-2-257.8"Wastewater management vehicle"
           13-11-2-258"Wastewater treatment plant"
           13-11-2-259"Water distribution system"
           13-11-2-260"Water pollution"
           13-11-2-261"Water pollution control laws"
           13-11-2-262"Water supply permit"
           13-11-2-263Repealed
           13-11-2-264"Water treatment plant"
           13-11-2-265"Waters"
           13-11-2-265.1"Watershed"
           13-11-2-265.3"Wet weather event"
           13-11-2-265.5Repealed
           13-11-2-265.6"Wetland activity"
           13-11-2-265.7"Wetlands"
           13-11-2-265.8"Wetlands delineation"
           13-11-2-266"White goods"
           13-11-2-267"Wholesaler"
           13-11-2-268"Work receipt"
           13-11-2-269"Works"
           13-11-2-270"Youth camp"

 

IC 13-11-2-0.1Application of certain amendments to chapter

     Sec. 0.1. The amendments made to section 148(e) of this chapter by P.L.212-1999, SECTION 3 shall not be construed to affect any litigation filed before January 1, 1999.

As added by P.L.220-2011, SEC.276.

 

IC 13-11-2-0.2Application of certain amendments to prior law

     Sec. 0.2. (a) The amendments made to IC 13-7-8.7-8(a) and IC 13-7-8.7-8(b) (before their repeal, now codified at sections 48 and 81, respectively, of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991.

     (b) The amendments made to IC 13-7-20-24 (before its repeal, now partly codified at sections 48 and 81 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991.

As added by P.L.220-2011, SEC.277.

 

IC 13-11-2-0.5Repealed

As added by P.L.123-1997, SEC.1. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-0.6Repealed

As added by P.L.112-2015, SEC.1. Repealed by P.L.72-2017, SEC.1.

 

IC 13-11-2-0.7"ABS sensor"

     Sec. 0.7. "ABS sensor", for purposes of IC 13-20-17.7, refers to an anti-lock braking system G-force sensor.

As added by P.L.114-2008, SEC.4.

 

IC 13-11-2-1"Active area"

     Sec. 1. "Active area", for purposes of IC 13-20-10, means:

(1) the raw compostable matter storage area;

(2) the composting matter area;

(3) the compost curing area; or

(4) the compost storage area;

of a composting facility for vegetative matter.

[Pre-1996 Recodification Citation: 13-7-35-1.1.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-1.5"Acute hazardous waste"

     Sec. 1.5. "Acute hazardous waste", for purposes of IC 13-22-4-3.1, has the meaning set forth in 40 CFR Part 261.

As added by P.L.143-2000, SEC.1. Amended by P.L.1-2001, SEC.10.

 

IC 13-11-2-2"Administrator"

     Sec. 2. "Administrator" refers to the administrator of the United States Environmental Protection Agency.

[Pre-1996 Recodification Citation: 13-7-37-1.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-2.3Repealed

As added by P.L.112-2015, SEC.2. Repealed by P.L.72-2017, SEC.2.

 

IC 13-11-2-3"Air contaminant"

     Sec. 3. "Air contaminant", for purposes of air pollution control laws, means:

(1) dust;

(2) fumes;

(3) gas;

(4) mist;

(5) smoke;

(6) vapor; or

(7) any combination of the items described in subdivisions (1) through (6).

[Pre-1996 Recodification Citation: 13-1-1-2(d), (h) part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-4"Air contaminant source"

     Sec. 4. (a) "Air contaminant source", for purposes of air pollution control laws, means all sources of emission of air contaminants, whether privately or publicly owned or operated.

     (b) The term includes the following:

(1) All types of business, commercial and industrial plants, works, shops, stores, heating plants, powerplants, and power stations.

(2) Buildings and other structures of all types, including single and multiple family residences, apartments, houses, office buildings, public buildings, hotels, restaurants, schools, hospitals, churches, and other institutional buildings.

(3) Automobiles, trucks, tractors, buses, and other motor vehicles.

(4) Garages.

(5) Vending and service locations and stations and railroad locomotives.

(6) Ships, boats, and other watercraft.

(7) Portable fuel-burning equipment.

(8) Incinerators of all types, indoor and outdoor.

(9) Refuse dumps and piles.

(10) All stack and other chimney outlets from any of the items described in subdivisions (1) through (9).

[Pre-1996 Recodification Citation: 13-1-1-2(e), (h) part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-5"Air pollution"

     Sec. 5. "Air pollution", for purposes of air pollution control laws and environmental management laws, means the presence in or the threatened discharge into the atmosphere of one (1) or more contaminants in sufficient quantities and of the characteristics and duration that:

(1) is injurious to or threatens to be injurious to human health, plant or animal life, or property; or

(2) interferes unreasonably with the enjoyment of life or property.

[Pre-1996 Recodification Citations: 13-1-1-2(c), (h) part; 13-7-1-3 part; 13-7-1-4.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-6"Air pollution control laws"

     Sec. 6. "Air pollution control laws" refers to IC 13-17, except for the following:

(1) IC 13-17-3-15.

(2) IC 13-17-7.

(3) IC 13-17-8-10.

(4) IC 13-17-9.

(5) IC 13-17-10.

(6) IC 13-17-11.

(7) IC 13-17-13.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-7"Alternative PCB technology"

     Sec. 7. "Alternative PCB technology", for purposes of IC 13-17-10, means a technology for the treatment and disposal of PCB that presents:

(1) an actual; or

(2) a potential;

alternative to incineration.

[Pre-1996 Recodification Citation: 13-7-16.5-9(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-7.5"Antique"

     Sec. 7.5. "Antique", for purposes of IC 13-20-17.5, refers to a product manufactured before 1980.

As added by P.L.225-2001, SEC.1.

 

IC 13-11-2-8"Applicant"

     Sec. 8. (a) "Applicant", for purposes of IC 13-11-2-191 and IC 13-18-10, refers to a person (as defined in section 158(b) of this chapter) that submits an application to the department under IC 13-18-10-2.

     (b) "Applicant", for purposes of IC 13-19-4, means an individual, a corporation, a limited liability company, a partnership, or a business association that:

(1) receives, for commercial purposes, solid or hazardous waste generated offsite for storage, treatment, processing, or disposal; and

(2) applies for the issuance, transfer, or major modification of a permit described in IC 13-15-1-3 other than a postclosure permit or an emergency permit.

For purposes of this subsection, an application for the issuance of a permit does not include an application for renewal of a permit.

     (c) "Applicant", for purposes of IC 13-20-2, means an individual, a corporation, a limited liability company, a partnership, or a business association that applies for an original permit for the construction or operation of a landfill.

     (d) For purposes of subsection (b), "applicant" does not include an individual, a corporation, a limited liability company, a partnership, or a business association that:

(1) generates solid or hazardous waste; and

(2) stores, treats, processes, or disposes of the solid or hazardous waste at a site that is:

(A) owned by the individual, corporation, partnership, or business association; and

(B) limited to the storage, treatment, processing, or disposal of solid or hazardous waste generated by that individual, corporation, limited liability company, partnership, or business association.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-10.2-1(a); subsection (b) formerly 13-7-22-2(a); subsection (c) formerly 13-7-10.2-1(b); 13-7-10.5-2; 13-7-31-12(c) part; subsection (a) formerly 13-7-10.2-2; subsection (b) formerly 13-7-10.5-5; subsection (c) formerly 13-7-12-4(g); subsection (d) formerly 13-6-2-9.]

As added by P.L.1-1996, SEC.1. Amended by P.L.154-2005, SEC.1; P.L.127-2009, SEC.1.

 

IC 13-11-2-9"Application"

     Sec. 9. "Application", for purposes of IC 13-15-4 and IC 13-15-12, means an application for a:

(1) permit; or

(2) determination related to a permit;

that is described in IC 13-15-4-1.

[Pre-1996 Recodification Citation: 13-7-10.1-1.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-10"Asbestos"

     Sec. 10. "Asbestos", for purposes of IC 13-17-6, means an asbestiform variety of the following:

(1) Chrysotile (serpentine).

(2) Crocidolite (riebeckite).

(3) Amosite (cummingtonite-grunerite).

(4) Anthophyllite.

(5) Tremolite.

(6) Actinolite.

[Pre-1996 Recodification Citation: 13-1-1-2(i), (h) part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-11"Asbestos containing material"

     Sec. 11. (a) "Asbestos containing material", for purposes of IC 13-17-6, means material that contains more than one percent (1%) asbestos by area and that:

(1) is friable; or

(2) has a reasonable probability of becoming friable in the course of ordinary or anticipated use of the building containing the material.

     (b) The term does not include asbestos containing resilient floor covering materials, including:

(1) sheet vinyl flooring;

(2) resilient tile; and

(3) associated adhesives;

unless the materials are sanded, beadblasted, or mechanically pulverized so that visible asbestos emissions are discharged.

[Pre-1996 Recodification Citation: 13-1-1-2(j), (h) part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-12"Asbestos contractor"

     Sec. 12. "Asbestos contractor", for purposes of IC 13-17-6, means an individual, a partnership, a corporation, a sole proprietorship, an unincorporated association, a franchise, an enterprise, or any other entity that enters into one (1) or more contracts providing for the individual or entity to engage in the inspection, management, or abatement of asbestos containing material for compensation.

[Pre-1996 Recodification Citation: 13-1-1-2(k), (h) part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-13"Asbestos project"

     Sec. 13. "Asbestos project", for purposes of IC 13-17-6, means an activity involving the:

(1) abatement;

(2) removal;

(3) renovation;

(4) enclosure;

(5) repair; or

(6) encapsulation;

of asbestos containing material.

[Pre-1996 Recodification Citation: 13-1-1-2(m), (h) part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-14"Assistance"

     Sec. 14. "Assistance", for purposes of IC 13-14-10-3, means supplies, materials, services, and equipment to:

(1) prevent the discharge of any contaminant; or

(2) control, contain, isolate, neutralize, remove, store, or dispose of any contaminant already discharged into or on the air, land, or waters of Indiana.

[Pre-1996 Recodification Citation: 13-7-12-3(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-15"Assistant commissioner"

     Sec. 15. "Assistant commissioner", for purposes of IC 13-27, refers to the individual appointed by the commissioner under IC 13-27-2-2 to the highest position in the division of pollution prevention.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-15.5"ASTM"

     Sec. 15.5. "ASTM" refers to the American Society for Testing and Materials.

As added by P.L.215-2003, SEC.3.

 

IC 13-11-2-16"Authority"

     Sec. 16. (a) "Authority", for purposes of IC 13-22-10, refers to the Indiana hazardous waste facility site approval authority.

     (b) "Authority", for purposes of IC 13-18-13, IC 13-18-21, IC 13-18-25, and IC 13-19-5, refers to the Indiana finance authority created under IC 4-4-11.

[Pre-1996 Recodification Citation: 13-7-20-33.3(b) part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.3; P.L.59-1997, SEC.2; P.L.14-2001, SEC.1; P.L.235-2005, SEC.126; P.L.233-2017, SEC.12.

 

IC 13-11-2-16.3"Automotive salvage recycler"

     Sec. 16.3. "Automotive salvage recycler", for purposes of this chapter, means a business that:

(1) acquires damaged, inoperative, discarded, abandoned, or salvage motor vehicles, or their remains, as stock-in-trade;

(2) dismantles and processes the vehicles or remains for the reclamation and sale of reusable components and parts; and

(3) disposes of recyclable materials to a scrap metal processor or other appropriate facility.

As added by P.L.170-2006, SEC.2. Amended by P.L.112-2016, SEC.1.

 

IC 13-11-2-16.5"Automobile scrapyard"

     Sec. 16.5. "Automobile scrapyard", for purposes of this chapter, means a business organized for any of the following purposes:

(1) Processing scrap metal.

(2) Wrecking automobiles.

(3) Operating a junkyard.

As added by P.L.170-2006, SEC.3. Amended by P.L.112-2016, SEC.2.

 

IC 13-11-2-16.6"Biomass"

     Sec. 16.6. "Biomass", for purposes of sections 16.7 and 16.8 of this chapter and IC 13-20-10.5, means biological material that is available on a renewable recurring basis and is used as a source of renewable energy, including the following:

(1) Agricultural crops.

(2) Agricultural wastes and residues.

(3) Wood and wood byproducts, including the following:

(A) Wood residue.

(B) Forest thinning.

(C) Mill residue wood.

(4) Animal wastes and byproducts, including manure.

(5) Aquatic plants.

(6) Algae.

(7) Byproducts of processing agricultural crops.

As added by P.L.189-2011, SEC.1.

 

IC 13-11-2-16.7"Biomass anaerobic digestion facility"

     Sec. 16.7. "Biomass anaerobic digestion facility", for purposes of IC 13-20-10.5:

(1) means a facility that incorporates equipment that promotes the decomposition of biomass to simple organics and biogas products in the oxygen free environment of a closed, sealed chamber; and

(2) includes a methane recovery system.

As added by P.L.189-2011, SEC.2.

 

IC 13-11-2-16.8"Biomass gasification facility"

     Sec. 16.8. "Biomass gasification facility", for purposes of IC 13-20-10.5, means a facility that incorporates equipment to carry out a thermochemical process that, with little or no oxygen present, converts biomass into a synthesis gas.

As added by P.L.189-2011, SEC.3.

 

IC 13-11-2-17"Board"

     Sec. 17. (a) "Board", except as provided in subsections (b) through (d), refers to the environmental rules board established by IC 13-13-8-3.

     (b) "Board", for purposes of IC 13-21, refers to the board of directors of a solid waste management district.

     (c) "Board", for purposes of IC 13-23-11, refers to the underground storage tank financial assurance board.

     (d) "Board", for purposes of IC 13-26, refers to the board of trustees of a regional water, sewage, or solid waste district.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-5 part, subsection (b) New; subsection (c) formerly 13-1-1-2(a), (h) part; subsection (d) formerly 13-1-3-1.5 part; 13-1-5.7-1(a); 13-1-5.7-1(g) part; 13-1-6-2(a) part; 13-1-6-2(b); 13-7-8.8-1 part; subsection (e) formerly 13-1-12-1; 13-7-8.6-2(b); 13-7-16.5-1 part; 13-7-20-1; 13-7-20.1-1; 13-7-23-1; subsection (f) formerly 13-7-25-1; subsection (g) formerly 13-7-33-8 part; 13-9.5-1-1 part; 13-9.5-1-3, subsection (h) New; subsection (i) formerly 13-3-2-1 part; subsection (j) formerly 13-9-1-1 part; 13-9-1-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.1; P.L.1-2002, SEC.61; P.L.2-2005, SEC.52; P.L.159-2011, SEC.1; P.L.37-2012, SEC.1; P.L.133-2012, SEC.68; P.L.13-2013, SEC.46.

 

IC 13-11-2-18Repealed

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-5 part.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.133-2012, SEC.69.

 

IC 13-11-2-19"Broker"

     Sec. 19. "Broker", for purposes of IC 13-20-4 and IC 13-20-6, means a person who is in the business of making arrangements for the transportation of municipal waste that was generated by another person.

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-19.3"Brownfield"

     Sec. 19.3. "Brownfield" means a parcel of real estate:

(1) that:

(A) is abandoned or inactive; or

(B) may not be operated at its appropriate use; and

(2) on which expansion, redevelopment, or reuse is complicated;

because of the presence or potential presence of a hazardous substance, a contaminant, petroleum, or a petroleum product that poses a risk to human health and the environment.

As added by P.L.59-1997, SEC.3. Amended by P.L.203-2003, SEC.1.

 

IC 13-11-2-19.5"Budget agency"

     Sec. 19.5. "Budget agency" refers to the budget agency created under IC 4-12-1-3.

As added by P.L.59-1997, SEC.4.

 

IC 13-11-2-20"Business"

     Sec. 20. "Business", for purposes of IC 13-27, means a person that carries on a business or commercial operation in Indiana.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-4.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-21"Business organization"

     Sec. 21. "Business organization", for purposes of IC 13-27, means an organization whose members include businesses.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-5.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-22"Byproduct material"

     Sec. 22. "Byproduct material", for purposes of IC 13-22-10, has the meaning set forth in section 11e. (2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)), as in effect on January 1, 1987.

[Pre-1996 Recodification Citation: 13-7-8.6-2(k).]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.4.

 

IC 13-11-2-23"Care"

     Sec. 23. "Care", for purposes of IC 13-29-1, means the continued observation of a facility after closure for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-23.5"Cathode ray tube"

     Sec. 23.5. "Cathode ray tube", for purposes of this chapter, means a vacuum tube or picture tube designed to convert an electronic signal into a visual image.

As added by P.L.178-2009, SEC.3.

 

IC 13-11-2-24"CERCLA"

     Sec. 24. "CERCLA", for purposes of IC 13-25-4, refers to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.), as in effect on January 1, 1987.

[Pre-1996 Recodification Citation: 13-7-8.7-1(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-25"Chemical munition"

     Sec. 25. "Chemical munition", for purposes of IC 13-22-3-10, means any of the following:

(1) GA (Ethyl-N, N-dimethyl phosphoramidocyanidate).

(2) GB (Isopropyl methyl phosphonoflouridate).

(3) H, HD (Bis(2-chloroethyl) sulfide).

(4) HT (Sixty percent (60%) HD and forty percent (40%) T (Bis[2(2-chloroethyl-thio)ethyl]ester)).

(5) L (Dichloro(2-chlorovinyl)arsine).

(6) VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl phosphonothiolate).

[Pre-1996 Recodification Citation: 13-7-8.5-13(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-25.2"Chemical toilet"

     Sec. 25.2. "Chemical toilet", for purposes of IC 13-18-12-2.2, has the meaning set forth in IC 13-18-12-2.2(a)(1).

As added by P.L.107-2016, SEC.2.

 

IC 13-11-2-25.5Repealed

As added by P.L.123-1997, SEC.2. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-25.7"Claimant"

     Sec. 25.7. "Claimant", as used in this chapter, IC 13-23-8, and IC 13-23-9, refers to a person that makes an ELTF claim.

As added by P.L.14-2001, SEC.2. Amended by P.L.96-2016, SEC.1.

 

IC 13-11-2-25.8"Class I wetland"; Class II wetland"; Class III wetland"

     Sec. 25.8. (a) For purposes of IC 13-18:

(1) "Class I wetland" means an isolated wetland described by one (1) or both of the following:

(A) At least fifty percent (50%) of the wetland has been disturbed or affected by human activity or development by one (1) or more of the following:

(i) Removal or replacement of the natural vegetation.

(ii) Modification of the natural hydrology.

(B) The wetland supports only minimal wildlife or aquatic habitat or hydrologic function because the wetland does not provide critical habitat for threatened or endangered species listed in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the wetland is characterized by at least one (1) of the following:

(i) The wetland is typified by low species diversity.

(ii) The wetland contains greater than fifty percent (50%) areal coverage of non-native invasive species of vegetation.

(iii) The wetland does not support significant wildlife or aquatic habitat.

(iv) The wetland does not possess significant hydrologic function;

(2) "Class II wetland" means:

(A) an isolated wetland that is not a Class I or Class III wetland; or

(B) a type of wetland listed in subdivision (3)(B) that would meet the definition of Class I wetland if the wetland were not a rare or ecologically important type; and

(3) "Class III wetland" means an isolated wetland:

(A) that is located in a setting undisturbed or minimally disturbed by human activity or development and that supports more than minimal wildlife or aquatic habitat or hydrologic function; or

(B) unless classified as a Class II wetland under subdivision (2)(B), that is of one (1) of the following rare and ecologically important types:

(i) Acid bog.

(ii) Acid seep.

(iii) Circumneutral bog.

(iv) Circumneutral seep.

(v) Cypress swamp.

(vi) Dune and swale.

(vii) Fen.

(viii) Forested fen.

(ix) Forested swamp.

(x) Marl beach.

(xi) Muck flat.

(xii) Panne.

(xiii) Sand flat.

(xiv) Sedge meadow.

(xv) Shrub swamp.

(xvi) Sinkhole pond.

(xvii) Sinkhole swamp.

(xviii) Wet floodplain forest.

(xix) Wet prairie.

(xx) Wet sand prairie.

     (b) For purposes of this section, a wetland or setting is not considered disturbed or affected as a result of an action taken after January 1, 2004, for which a permit is required under IC 13-18-22 but has not been obtained.

As added by P.L.282-2003, SEC.21. Amended by P.L.52-2004, SEC.1.

 

IC 13-11-2-26"Class 2 modification"

     Sec. 26. "Class 2 modification", for purposes of IC 13-22-12, refers to the modification classification system described under 40 CFR 270.42.

[Pre-1996 Recodification Citation: 13-7-16.1-3(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-27"Class 3 modification"

     Sec. 27. "Class 3 modification", for purposes of IC 13-22-12, refers to the modification classification system described under 40 CFR 270.42.

[Pre-1996 Recodification Citation: 13-7-16.1-3(b).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-27.6"Clean manufacturing"

     Sec. 27.6. (a) "Clean manufacturing", for purposes of IC 13-12 and IC 13-27, means the employment by a manufacturer of a practice that:

(1) reduces the manufacturing use of toxic materials; or

(2) reduces the environmental and health hazards associated with an environmental waste without diluting or concentrating the waste before the:

(A) recycling;

(B) release;

(C) handling;

(D) storage;

(E) transport;

(F) treatment; or

(G) disposal;

of the waste.

     (b) The term includes changes in production technology, materials, processes, operations, or procedures.

     (c) The term does not include the following:

(1) A practice that is applied to an environmental waste after the waste:

(A) is generated or comes into existence; or

(B) exits a production unit or operation.

(2) Waste burning in:

(A) industrial furnaces;

(B) boilers;

(C) smelters; or

(D) cement kilns;

for purposes of energy recovery.

(3) Waste shifting.

(4) Offsite recycling.

(5) Onsite recycling, including the following:

(A) Inprocess recycling.

(B) Inline recycling.

(C) Out-of-process recycling.

(D) Closed loop recycling.

(E) Any other onsite recycling method.

(6) Any other method of end-of-pipe management of environmental wastes, including the following:

(A) Waste exchange.

(B) The incorporation or embedding of regulated environmental wastes into products or byproducts.

As added by P.L.124-1997, SEC.2. Amended by P.L.37-2012, SEC.2.

 

IC 13-11-2-28Repealed

[Pre-1996 Recodification Citation: 13-1-3-22(b).]

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1996, SEC.1. Repealed by P.L.127-1997, SEC.2.

 

IC 13-11-2-29"Clean Water Act"

     Sec. 29. "Clean Water Act", for purposes of this chapter, IC 13-18-13, IC 13-18-22, IC 13-18-23, and IC 13-18-25, refers to:

(1) 33 U.S.C. 1251 et seq.; and

(2) regulations adopted under 33 U.S.C. 1251 et seq.

[Pre-1996 Recodification Citation: 4-23-21-1.4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.282-2003, SEC.22; P.L.233-2017, SEC.13.

 

IC 13-11-2-30"Cleaning"

     Sec. 30. "Cleaning", for purposes of IC 13-18-12, means:

(1) removal of wastewater from sewage disposal systems; and

(2) other actions incidental to that removal.

[Pre-1996 Recodification Citation: 13-7-8.8-1 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-30.8"Coal combustion residuals"

     Sec. 30.8. "Coal combustion residuals", for purposes of IC 13-19-3-3, has the meaning set forth in IC 13-19-3-3(a).

As added by P.L.1-2017, SEC.1.

 

IC 13-11-2-31"Coal mine permit"

     Sec. 31. "Coal mine permit", for purposes of IC 13-18-20, refers to a National Pollutant Discharge Elimination System (NPDES) permit that involves the area on or beneath land used or distributed in activity related to the extraction, removal, or recovery of coal from natural deposits of coal.

[Pre-1996 Recodification Citation: 13-7-16.1-1(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-31.1"Collection"

     Sec. 31.1. (a) "Collection", for purposes of IC 13-20.5, means the receipt of covered electronic devices from covered entities.

     (b) The term includes all collection activities up to the time the covered electronic devices are delivered to a recycler.

As added by P.L.178-2009, SEC.4.

 

IC 13-11-2-31.2"Collector"

     Sec. 31.2. (a) "Collector", for purposes of this chapter and IC 13-20.5, means a public or private entity:

(1) that:

(A) receives covered electronic devices from covered entities; and

(B) arranges for the delivery of the covered electronic devices to a recycler; or

(2) that collects covered electronic devices directly from covered entities, including curbside collection.

     (b) The term does not include:

(1) the United States Postal Service; or

(2) any other parcel service;

that accepts packages and delivers them to collectors or recyclers under a manufacturer's mailback program.

As added by P.L.178-2009, SEC.5.

 

IC 13-11-2-31.3"Combined sewage"

     Sec. 31.3. "Combined sewage", for purposes of sections 31.4 and 31.6 of this chapter and IC 13-18, refers to a combination of wastewater (including domestic, commercial, or industrial wastewater) and storm water transported in a combined sewer or combined sewer system.

As added by P.L.140-2000, SEC.1.

 

IC 13-11-2-31.4"Combined sewer"

     Sec. 31.4. "Combined sewer", for purposes of sections 31.3, 31.6, and 120.5 of this chapter, IC 13-14-9-14, and IC 13-18, means a sewer that is designed, constructed, and used to receive and transport combined sewage.

As added by P.L.140-2000, SEC.2. Amended by P.L.100-2006, SEC.3.

 

IC 13-11-2-31.5"Combined sewer operational plan"

     Sec. 31.5. "Combined sewer operational plan", for purposes of IC 13-18, means a plan that contains the minimum technology controls applicable to, and requirements for operation and maintenance of, a combined sewer system:

(1) before;

(2) during; and

(3) upon the completion of;

the implementation of a long term control plan.

As added by P.L.140-2000, SEC.3.

 

IC 13-11-2-31.6"Combined sewer system"

     Sec. 31.6. "Combined sewer system", for purposes of sections 31.3, 31.5, 43.5, and 120.5 of this chapter and IC 13-18, means a system of combined sewers that:

(1) is designed, constructed, and used to receive and transport combined sewage to a publicly owned wastewater treatment plant; and

(2) may contain one (1) or more overflow points that discharge combined sewage entering the publicly owned wastewater treatment plant when the hydraulic capacity of the system or part of the system is exceeded as a result of a wet weather event.

As added by P.L.140-2000, SEC.4. Amended by P.L.1-2006, SEC.197.

 

IC 13-11-2-32"Commercial hazardous waste facility"

     Sec. 32. "Commercial hazardous waste facility", for purposes of IC 13-22-10, means a plant, structure, or site at which hazardous waste, generated by:

(1) a person other than the owner or operator of the plant, structure, or site; or

(2) the owner or operator of the plant, structure, or site as a result of treatment or storage of wastes generated by persons other than the owner or operator;

is received for treatment, storage, or disposal.

[Pre-1996 Recodification Citation: 13-7-8.6-2(d).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-33"Commercial low level radioactive waste facility"

     Sec. 33. "Commercial low level radioactive waste facility", for purposes of IC 13-22-10, means a plant, structure, or site at which low level radioactive waste, generated by:

(1) a person other than the owner or operator of the plant, structure, or site; or

(2) the owner or operator of the plant, structure, or site as a result of treatment or storage of low level radioactive wastes generated by persons other than the owner or operator;

is received for treatment, storage, or disposal.

[Pre-1996 Recodification Citation: 13-7-8.6-2(j).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-34"Commission"

     Sec. 34. (a) "Commission", for purposes of IC 13-25-1 and IC 13-25-2, refers to the Indiana emergency response commission.

     (b) "Commission", for purposes of IC 13-29-1, means the Midwest Interstate Low-Level Radioactive Waste Commission.

     (c) "Commission", for purposes of IC 13-29-2-2 through IC 13-29-2-7, refers to the Ohio River Valley Water Sanitation Commission.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-36-1; 13-7-37-2; subsection (b) formerly 13-5-9-2 part; subsection (c) formerly 13-5-5-2 part,.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-35"Commissioner"

     Sec. 35. (a) "Commissioner", except as provided in subsection (b), refers to the commissioner of the department of environmental management.

     (b) "Commissioner", for purposes of IC 13-29-2-2 through IC 13-29-2-7, means a member of the Ohio River Valley Water Sanitation Commission.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-1-2(g); 13-1-3-1.5 part; 13-1-6-2(a) part; 13-1-6-2(c); 13-1-12-2; 13-3-2-1 part; 13-7-1-3 part; 13-7-1-6; 13-9-1-6 part; 13-9.5-1-1 part; 13-9.5-1-4; subsection (b) formerly 13-5-5-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-35.5"Community water system"

     Sec. 35.5. "Community water system", for purposes of IC 13-18-20.5, means a public water system:

(1) that:

(A) serves at least fifteen (15) service connections used by year-round residents; or

(B) regularly serves at least twenty-five (25) year-round residents; and

(2) in which:

(A) all the service connections are located on the same parcel of real estate; or

(B) all the components of the system are connected.

As added by P.L.224-2003, SEC.128. Amended by P.L.61-2007, SEC.1.

 

IC 13-11-2-36"Compact"

     Sec. 36. "Compact", for purposes of IC 13-29-2-2 through IC 13-29-2-7, refers to the Ohio River Valley Water Sanitation Compact.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-36.3"Compensatory mitigation"

     Sec. 36.3. "Compensatory mitigation", for purposes of IC 13-18-22, means the:

(1) restoration; or

(2) creation;

of wetlands to offset or compensate for a loss of wetlands resulting from an authorized wetland activity. Wetlands enlargement, enhancement, and preservation may be considered compensatory mitigation on a case-by-case basis, particularly for Class III wetlands.

As added by P.L.282-2003, SEC.23.

 

IC 13-11-2-36.5Repealed

As added by P.L.99-2002, SEC.1. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-37"Compost"

     Sec. 37. "Compost", for purposes of IC 13-20-10, means the product:

(1) produced by the process of composting vegetative matter and other types of organic material; and

(2) that may be used:

(A) as a soil conditioner;

(B) as a cover material for a solid waste landfill; or

(C) for another use approved by the department.

[Pre-1996 Recodification Citation: 13-7-35-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-38"Composting"

     Sec. 38. (a) "Composting", for purposes of IC 13-20-9 and IC 13-20-10, means the biological treatment process by which microorganisms decompose the organic component of vegetative matter and other types of organic material.

     (b) "Composting", for purposes of IC 13-21, means an aerobic degradation process by which plant and other organic wastes decompose under controlled conditions to produce a usable product.

[Pre-1996 Recodification Citations: subsection (a) 13-7-29-1 part; 13-7-35-3; subsection (b) formerly 13-9.5-1-1 part; 13-9.5-1-5.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-38.1"Computer"

     Sec. 38.1. (a) "Computer", for purposes of this chapter and IC 13-20.5, means an electronic, a magnetic, an optical, an electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions.

     (b) The term does not include the following:

(1) An automated typewriter or typesetter.

(2) A portable handheld calculator or device, or other similar device.

As added by P.L.178-2009, SEC.6.

 

IC 13-11-2-38.2"Computer monitor"

     Sec. 38.2. (a) "Computer monitor", for purposes of this chapter and IC 13-20.5, means an electronic device that is:

(1) a cathode ray tube or flat panel display; and

(2) primarily intended to display information from a central processing unit or the Internet.

     (b) The term includes a laptop computer.

As added by P.L.178-2009, SEC.7.

 

IC 13-11-2-38.3"Concentrated animal feeding operation" or "CAFO"

     Sec. 38.3. "Concentrated animal feeding operation" or "CAFO", for purposes of IC 13-18-10 and IC 13-18-20, has the meaning set forth in 40 CFR 122.23.

As added by P.L.24-2004, SEC.2.

 

IC 13-11-2-38.5"Conditionally exempt small quantity generator waste"

     Sec. 38.5. "Conditionally exempt small quantity generator waste", for purposes of IC 13-20-20 and IC 13-25-4, means waste generated by a conditionally exempt small quantity generator (as defined in 40 CFR 261.5).

As added by P.L.237-1999, SEC.1.

 

IC 13-11-2-39"Confined feeding"

     Sec. 39. (a) "Confined feeding", for purposes of IC 13-18-10, means the confined feeding of animals for food, fur, or pleasure purposes in lots, pens, ponds, sheds, or buildings where:

(1) animals are confined, fed, and maintained for at least forty-five (45) days during any twelve (12) month period; and

(2) ground cover or vegetation is not sustained over at least fifty percent (50%) of the animal confinement area.

     (b) The term does not include the following:

(1) A livestock market:

(A) where animals are assembled from at least two (2) sources to be publicly auctioned or privately sold on a commission basis; and

(B) that is under state or federal supervision.

(2) A livestock sale barn or auction market where animals are kept for not more than ten (10) days.

[Pre-1996 Recodification Citation: 13-1-5.7-1(c), (g) part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.125-1997, SEC.1.

 

IC 13-11-2-40"Confined feeding operation"

     Sec. 40. "Confined feeding operation" means:

(1) any confined feeding of:

(A) at least three hundred (300) cattle;

(B) at least six hundred (600) swine or sheep;

(C) at least thirty thousand (30,000) fowl; or

(D) at least five hundred (500) horses.

(2) any animal feeding operation electing to be subject to IC 13-18-10; or

(3) any animal feeding operation that is causing a violation of:

(A) water pollution control laws;

(B) any rules of the board; or

(C) IC 13-18-10.

A determination by the department under this subdivision is appealable under IC 4-21.5.

[Pre-1996 Recodification Citation: 13-1-5.7-1(d), (g) part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.125-1997, SEC.2; P.L.81-2009, SEC.1; P.L.127-2009, SEC.2; P.L.189-2011, SEC.4; P.L.113-2014, SEC.44.

 

IC 13-11-2-40.8"Construction"

     Sec. 40.8. "Construction", for purposes of IC 13-18-10, means the fabrication, erection, or installation of a facility or manure control equipment at the location where the facility or manure control equipment is intended to be used. The term does not include the following:

(1) The dismantling of existing equipment and control devices.

(2) The ordering of equipment and control devices.

(3) Offsite fabrication.

(4) Site preparation.

As added by P.L.125-1997, SEC.3.

 

IC 13-11-2-41"Construction\demolition waste"

     Sec. 41. (a) "Construction\demolition waste", for purposes of IC 13-20-21, means:

(1) bricks;

(2) concrete;

(3) stone;

(4) glass;

(5) wallboard;

(6) lumber;

(7) roofing materials; and

(8) any other items;

affixed to a structure that is being constructed or demolished and being disposed of at a waste disposal facility.

     (b) The term includes the following:

(1) Plumbing fixtures.

(2) Wiring.

(3) Nonasbestos insulation.

(4) Other items approved by the department.

[Pre-1996 Recodification Citation: 13-7-16.1-2(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-42"Contaminant"

     Sec. 42. "Contaminant", for purposes of environmental management laws, means any solid, semi-solid, liquid, or gaseous matter, or any odor, radioactive material, pollutant (as defined by the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in effect on January 1, 1989), hazardous waste (as defined in the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on January 1, 1989), any constituent of a hazardous waste, or any combination of the items described in this section, from whatever source, that:

(1) is injurious to human health, plant or animal life, or property;

(2) interferes unreasonably with the enjoyment of life or property; or

(3) otherwise violates:

(A) environmental management laws; or

(B) rules adopted under environmental management laws.

The term includes chemicals used in the illegal manufacture of a controlled substance (as defined in IC 35-48-1-9) or an immediate precursor (as defined in IC 35-48-1-17) of a controlled substance, and waste produced from the illegal manufacture of a controlled substance or an immediate precursor of the controlled substance.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-7.]

As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.44; P.L.192-2005, SEC.5.

 

IC 13-11-2-43"Contamination"

     Sec. 43. "Contamination", for purposes of IC 13-18-17, refers to the presence in groundwater of at least one (1) contaminant in a quantity or concentration that:

(1) is injurious to human health, plant or animal life, or property;

(2) interferes unreasonably with the enjoyment of life or property; or

(3) otherwise violates:

(A) environmental management laws; or

(B) rules adopted under environmental management laws.

[Pre-1996 Recodification Citation: 13-7-26-1.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-43.5"Control alternative"

     Sec. 43.5. "Control alternative", for purposes of IC 13-18, means any of the following measures, or any combination of the following measures, for the control of wet weather flows in a combined sewer system:

(1) Source controls.

(2) Collection system controls.

(3) Storage technologies.

(4) Treatment technologies.

As added by P.L.140-2000, SEC.5.

 

IC 13-11-2-44"Cost"

     Sec. 44. "Cost", for purposes of IC 13-21 and as applied to a facility or any part of a facility, includes the following:

(1) The cost of construction, modification, decommissioning, disposal, or acquisition of the facility or any part of the facility.

(2) Financing charges.

(3) Interest before and during construction and for a reasonable period after the construction as determined by the board of directors.

(4) The cost of funding reserves to secure the payment of principal and interest on bonds issued by the district.

(5) The cost of funding an operation and maintenance reserve fund.

(6) The cost of funding a major repair or replacement fund.

(7) Legal and underwriting expenses.

(8) Municipal bond insurance premiums.

(9) The cost of plans, specifications, surveys, and estimates of costs and revenues.

(10) Other expenses necessary or incidental to determining the feasibility or practicability of constructing the facility.

(11) Administrative expense.

(12) Other expenses necessary or incidental to the construction, modification, or acquisition of the facility, the financing of the construction, modification, or acquisition of the facility, and the placing of the facility in operation.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-6.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-45"Cost of the works"

     Sec. 45. "Cost of the works", for purposes of IC 13-26, includes the following:

(1) The cost of acquisition or construction of the works.

(2) The cost of all property, rights, easements, and franchises that are necessary or convenient.

(3) Interest upon bonds before and during construction or acquisition and for a period not exceeding twenty-four (24) months after completion of construction or acquisition of the improvements last mentioned.

(4) Engineering and legal expenses, expenses for estimates of cost and of revenues, and expenses for plans, specifications, and surveys.

(5) Other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expenses, and other expenses necessary or incident to the financing and construction or acquisition of the works, placing the works in operation, and the performance of the thing required or permitted by this chapter in connection with the works.

[Pre-1996 Recodification Citation: 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-46Repealed

[Pre-1996 Recodification Citation: 13-9.5-3.5-1.]

As added by P.L.1-1996, SEC.1. Amended by P.L.12-2005, SEC.1. Repealed by P.L.53-2014, SEC.114.

 

IC 13-11-2-47"County solid waste management district" or "county district"

     Sec. 47. "County solid waste management district" or "county district", for purposes of IC 13-21, refers to a solid waste management district that consists of only one (1) county.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-7.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-47.5"Covered electronic device"

     Sec. 47.5. "Covered electronic device", for purposes of this chapter and IC 13-20.5, means a computer, peripheral, facsimile machine, DVD player, video cassette recorder, or video display device that is sold to a covered entity by means of retail, wholesale, or electronic commerce.

As added by P.L.178-2009, SEC.8.

 

IC 13-11-2-47.7"Covered entity"

     Sec. 47.7. "Covered entity", for purposes of this chapter and IC 13-20.5, means the following:

(1) A household.

(2) A public school.

(3) A small business.

As added by P.L.178-2009, SEC.9.

 

IC 13-11-2-48"Creditor"

     Sec. 48. "Creditor", for purposes of IC 13-25-4-8, means, with respect to a facility, a person who:

(1) has extended credit to an owner or operator of the facility;

(2) has an interest in the facility to secure an extension of credit; or

(3) has acquired title or a right to title to the facility:

(A) upon default;

(B) at foreclosure; or

(C) in lieu of foreclosure as a result of an extension of credit secured by an interest in the facility, unless the extension of credit was solely for the purpose of avoiding environmental liability.

[Pre-1996 Recodification Citations: 13-7-8.7-8(a); 13-7-20.1-14(a).]

As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.1.

 

IC 13-11-2-48.3Repealed

As added by P.L.112-2015, SEC.3. Repealed by P.L.72-2017, SEC.3.

 

IC 13-11-2-49"Damage"

     Sec. 49. "Damage", for purposes of IC 13-24-2, means damage of any kind for which liability may exist under Indiana law:

(1) resulting from;

(2) arising out of; or

(3) related to;

the discharge or threatened discharge of oil.

[Pre-1996 Recodification Citation: 13-7-12-4(b).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-50"Decommissioning"

     Sec. 50. (a) "Decommissioning", for purposes of IC 13-23, means the removal or closure of an underground storage tank.

     (b) "Decommissioning", for purposes of IC 13-29-1, means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.67-1996, SEC.3.

 

IC 13-11-2-50.5"Degradation"

     Sec. 50.5. "Degradation", for purposes of IC 13-18-3, means, with respect to a National Pollutant Discharge Elimination System permit, the following:

(1) With respect to an outstanding national resource water, any new or increased discharge of a pollutant or a pollutant parameter, except for a short term, temporary increase.

(2) With respect to an outstanding state resource water, any new or increased discharge of a pollutant or pollutant parameter that results in a significant lowering of water quality for that pollutant or pollutant parameter, unless:

(A) the activity causing the increased discharge:

(i) results in an overall improvement in water quality in the outstanding state resource water; and

(ii) meets the applicable requirements of rules adopted by the board under IC 13-18-3-2; or

(B) the person proposing the increased discharge undertakes or funds a water quality improvement project in accordance with IC 13-18-3-2(k) in the watershed of the outstanding state resource water that:

(i) results in an overall improvement in water quality in the outstanding state resource water; and

(ii) meets the applicable requirements of rules adopted by the board under IC 13-18-3-2.

As added by P.L.140-2000, SEC.6. Amended by P.L.1-2001, SEC.11; P.L.78-2009, SEC.1; P.L.112-2016, SEC.3.

 

IC 13-11-2-51"Department"

     Sec. 51. "Department" refers to the department of environmental management.

[Pre-1996 Recodification Citations: 4-23-21-1; 13-1-1-2(f); 13-1-3-1.5 part; 13-1-4-1(e); 13-1-12-3; 13-3-2-1 part; 13-7-1-3 part; 13-7-1-8; 13-9-1-7; 13-9.5-1-1 part; 13-9.5-1-8.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-52"Department enforcement action"

     Sec. 52. "Department enforcement action", for purposes of IC 13-14-6, means an action of the department commenced under IC 13-30-3-3.

[Pre-1996 Recodification Citation: 13-7-5.5-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-53"Developer"

     Sec. 53. "Developer", for purposes of IC 13-21, means a person that:

(1) proposes to enter into or has entered into a financing agreement with the district for financing a facility; and

(2) proposes to enter into or has entered into a separate agreement with some other person for the use and operation of the financed facility.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-9.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-54Repealed

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-8.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.3. Repealed by P.L.37-2012, SEC.3.

 

IC 13-11-2-55"Discharge"

     Sec. 55. "Discharge", for purposes of IC 13-24-2, means any emission or spill, other than natural seepage, that is intentional or unintentional. The term includes any of the following:

(1) Spilling.

(2) Leaking.

(3) Pumping.

(4) Pouring.

(5) Emitting.

(6) Emptying.

(7) Dumping.

[Pre-1996 Recodification Citation: 13-7-12-4(c).]

As added by P.L.1-1996, SEC.1. Amended by P.L.112-2015, SEC.4; P.L.72-2017, SEC.4.

 

IC 13-11-2-56Repealed

[Pre-1996 Recodification Citation: 13-7-22.5-1.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.45.

 

IC 13-11-2-57"Disposal"

     Sec. 57. (a) "Disposal", for purposes of environmental management laws, means the:

(1) discharge;

(2) deposit;

(3) injection;

(4) spilling;

(5) leaking; or

(6) placing;

of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.

     (b) "Disposal", for purposes of IC 13-29-1, means the isolation of waste from the biosphere in a permanent facility designed for that purpose.

     (c) "Disposal", for purposes of IC 13-22-12-3.5, means all forms of disposal in or on the land, including underground injection.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-9; subsection (b) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.220-2014, SEC.4.

 

IC 13-11-2-57.1"Disposal fee"

     Sec. 57.1. "Disposal fee", for purposes of IC 13-20-23, means a fee levied on the disposal of municipal waste in exchange for permission to construct or operate a landfill under a host agreement.

As added by P.L.133-1998, SEC.2.

 

IC 13-11-2-57.2"Disposal facility"

     Sec. 57.2. "Disposal facility", for purposes of IC 13-22-12-3.5, means a site where hazardous wastes are disposed of in or on the land, including a site associated with, within, or adjacent to facilities generating the waste.

As added by P.L.220-2014, SEC.5.

 

IC 13-11-2-57.7Repealed

As added by P.L.112-2015, SEC.5. Repealed by P.L.72-2017, SEC.5.

 

IC 13-11-2-58"District"

     Sec. 58. (a) "District", for purposes of IC 13-20-17.5, IC 13-20-20, IC 13-21, and IC 13-20-22, refers to:

(1) a county solid waste management district; or

(2) a joint solid waste management district;

established under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal).

     (b) "District", for purposes of IC 13-26, refers to a regional water, sewage, or solid waste district established under:

(1) IC 13-26;

(2) IC 13-3-2 (before its repeal on July 1, 1996); or

(3) IC 19-3-1.1 (before its repeal on April 1, 1980).

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-33-1; 13-9.5-1-1 part; 13-9.5-1-10; subsection (b) formerly 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.45-1997, SEC.3; P.L.225-2001, SEC.2.

 

IC 13-11-2-59"District plan"

     Sec. 59. "District plan", for purposes of IC 13-21, refers to a district solid waste management plan adopted or amended under IC 13-21-5 or IC 13-9.5-4 (before its repeal).

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-11.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-60"Division"

     Sec. 60. "Division", for purposes of IC 13-27, refers to the division of pollution prevention.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-9.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-61"Dredged material"

     Sec. 61. "Dredged material", for purposes of this chapter, means material that is dredged or excavated from an isolated wetland.

[Pre-1996 Recodification Citation: 13-1-6-2(a) part, (i).]

As added by P.L.52-2004, SEC.2. Amended by P.L.2-2005, SEC.53.

 

IC 13-11-2-61.3"Dwelling"

     Sec. 61.3. "Dwelling", for purposes of this chapter, means a building, a structure, or another enclosed space that is:

(1) permanent or temporary;

(2) movable or fixed; and

(3) an individual's home or place of lodging.

As added by P.L.178-2009, SEC.10.

 

IC 13-11-2-61.5Repealed

As added by P.L.123-1997, SEC.3. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-61.6"East Chicago area of special concern"

     Sec. 61.6. "East Chicago area of special concern", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-1.

As added by P.L.88-2017, SEC.1.

 

IC 13-11-2-62"Eligible entity"

     Sec. 62. "Eligible entity", for purposes of IC 13-26, means a county, city, town, township, conservancy district, or other municipal corporation.

[Pre-1996 Recodification Citation: 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-62.5"Eligible party"

     Sec. 62.5. "Eligible party", as used in IC 13-23, means any of the following:

(1) An owner, as defined in IC 13-11-2-150.

(2) An operator, as defined in IC 13-11-2-148(d) and IC 13-11-2-148(e).

(3) A former owner or operator of a UST.

(4) A transferee of property upon which a UST is located.

(5) A transferee of property upon which a UST was located but from which the UST has been removed.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-5.7-1(e), (g) part; subsection (b) formerly 13-1-6-2(a), (d); 13-7-1-3 part; subsection (c) formerly 13-7-10.5-4 part; subsection (d) formerly 13-7-20-3; subsection (a) formerly 13-7-20-4; subsection (b) formerly 13-7-20-24.]

As added by P.L.96-2016, SEC.2.

 

IC 13-11-2-62.7"Eligible release"

     Sec. 62.7. "Eligible release", as used in IC 13-23, means a release of petroleum that meets all of the following criteria:

(1) The release is from a UST that was registered with the department before the date of the ELTF claim.

(2) The release is reported to the department not later than thirty (30) days after the date on which the claimant discovered the release.

(3) An initial site characterization of the facility on which the release occurred is submitted to the department as required by rules adopted by the environmental rules board.

(4) The release from the UST is from the tank or dispensing components of the UST, not including the nozzle or hose connecting the nozzle to the pump.

As added by P.L.96-2016, SEC.3.

 

IC 13-11-2-63"Eligible state"

     Sec. 63. "Eligible state", for purposes of IC 13-29-1, means a state qualified to be a party state to the Midwest Interstate Compact on Low-Level Radioactive Waste as provided in Article VIII of the compact.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-63.5"ELTF"

     Sec. 63.5. "ELTF", as used in this chapter and IC 13-23, refers to the underground petroleum storage tank excess liability trust fund established by IC 13-23-7-1.

As added by P.L.96-2016, SEC.4.

 

IC 13-11-2-63.6"ELTF claim"

     Sec. 63.6. "ELTF claim", as used in this chapter and IC 13-23, means any claim for payment from the ELTF.

As added by P.L.96-2016, SEC.5.

 

IC 13-11-2-63.7"ELTF indemnity claim"

     Sec. 63.7. "ELTF indemnity claim", as used in IC 13-23, means any ELTF claim for the indemnification of a third party.

As added by P.L.96-2016, SEC.6.

 

IC 13-11-2-64"Emergency"

     Sec. 64. "Emergency", for purposes of IC 13-20-9-4, means the occurrence of widespread or severe damage or loss of property resulting from any natural or manmade cause, including fire, flood, earthquake, wind, storm, drought, or explosion.

[Pre-1996 Recodification Citation: 13-7-29-5(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-65"Emergency action"

     Sec. 65. "Emergency action", for purposes of IC 13-25-6, means any action taken at or near the scene of a hazardous materials emergency to prevent or minimize harm to:

(1) human health;

(2) property; or

(3) the environment;

from the uncontrolled release of a hazardous material.

[Pre-1996 Recodification Citation: 13-6-2-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-66"Emergency response agency"

     Sec. 66. "Emergency response agency", for purposes of IC 13-25-6, means:

(1) the state police;

(2) the environmental response branch of the department;

(3) a police department established under IC 36-8-2-2;

(4) a fire department established under IC 36-8-2-3;

(5) any agency of a governmental entity, or any combination of agencies of governmental entities, that provides:

(A) firefighting services;

(B) emergency rescue services; or

(C) emergency medical services; or

(6) any other agency of a governmental entity that provides manpower, equipment, or supplies at the scene of a hazardous materials emergency.

[Pre-1996 Recodification Citation: 13-6-2-3.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-66.5Repealed

As added by P.L.123-1997, SEC.4. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-66.7Repealed

As added by P.L.123-1997, SEC.5. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-66.9"End of life vehicle"

     Sec. 66.9. "End of life vehicle", for purposes of IC 13-20-17.7, means a motor vehicle that is:

(1) sold; or

(2) otherwise conveyed;

to a motor vehicle recycler for the purpose of recycling.

As added by P.L.170-2006, SEC.4. Amended by P.L.112-2016, SEC.4.

 

IC 13-11-2-67"Enforcement action"

     Sec. 67. (a) "Enforcement action", for purposes of IC 13-20-13 and IC 13-20-14, means:

(1) a written notice of a violation or a commissioner's order issued under IC 13-30-3;

(2) a letter identifying a violation; or

(3) a court proceeding initiated by the:

(A) department;

(B) department of homeland security;

(C) state; or

(D) federal government;

under an environmental protection law or other law concerning public health, safety, or the environment.

     (b) "Enforcement action", for purposes of IC 13-25-5, means:

(1) a written notice of violation issued under IC 13-30-3-3, IC 13-30-3-4, or IC 13-7-11-2 (before its repeal) that requires or involves the removal or remediation of petroleum or a hazardous substance;

(2) another written notice that requires the removal or remediation of petroleum or a hazardous substance and that is:

(A) issued under:

(i) IC 4-21.5-3-6;

(ii) IC 4-21.5-3-8; or

(iii) IC 4-21.5-4; or

(B) substantially equivalent to a special notice letter issued under 42 U.S.C. 9622(e); or

(3) a similar notice issued by the federal government.

[Pre-1996 Recodification Citation: 13-7-8.9-1.]

As added by P.L.1-1996, SEC.1. Amended by P.L.93-1998, SEC.1; P.L.1-2006, SEC.198.

 

IC 13-11-2-68"Environmental audit"

     Sec. 68. "Environmental audit", for purposes of IC 13-28-4, means a voluntary, an internal, and a comprehensive evaluation of:

(1) a facility or an activity at a facility regulated under:

(A) this title;

(B) a rule or standard adopted under this title;

(C) any determination, permit, or order made or issued by the commissioner under this title; or

(D) federal law; or

(2) management systems related to a facility or an activity;

that is designed to identify and prevent noncompliance with laws and improve compliance with laws, and that is conducted by an owner or operator of a facility or is an activity by an employee of the owner or operator or by an independent contractor.

[Pre-1996 Recodification Citation: 13-10-3-1.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-69"Environmental audit report"

     Sec. 69. "Environmental audit report", for purposes of IC 13-28-4, means a set of documents prepared as a result of an environmental audit and labeled "Environmental Audit Report; Privileged Document" that:

(1) includes:

(A) field notes;

(B) records of observations;

(C) findings;

(D) opinions;

(E) suggestions;

(F) conclusions;

(G) drafts;

(H) memoranda;

(I) drawings;

(J) photographs;

(K) computer generated or electronically recorded information;

(L) maps;

(M) charts;

(N) graphs; and

(O) surveys;

collected or developed for the primary purpose of preparing an environmental audit; and

(2) includes, when completed, the following three (3) components:

(A) An audit report prepared by the auditor that includes the following:

(i) The scope of the audit.

(ii) The information gained in the audit.

(iii) Conclusions and recommendations.

(iv) Exhibits and appendices.

(B) Memoranda and documents:

(i) analyzing a part of or all of the audit report; and

(ii) discussing implementation issues.

(C) An implementation plan that addresses the following:

(i) Correcting past noncompliance.

(ii) Improving current compliance.

(iii) Preventing future noncompliance.

[Pre-1996 Recodification Citation: 13-10-3-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-70Repealed

[Pre-1996 Recodification Citation: 13-7-22.5-1.5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.5. Repealed by P.L.113-2014, SEC.46.

 

IC 13-11-2-70.3"Environmental legal action"

     Sec. 70.3. "Environmental legal action", for purposes of IC 13-30-9, means any legal action brought to recover reasonable costs associated with a removal or remedial action involving a hazardous substance or petroleum released into the surface or subsurface soil or groundwater that poses a risk to human health and the environment.

As added by P.L.59-1997, SEC.6.

 

IC 13-11-2-71"Environmental management laws"

     Sec. 71. "Environmental management laws" refers to the following:

(1) IC 13-12-2 and IC 13-12-3.

(2) IC 13-13.

(3) IC 13-14.

(4) IC 13-15.

(5) IC 13-16.

(6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11.

(7) IC 13-18-10, IC 13-18-10.5, IC 13-18-12, IC 13-18-13-31, and IC 13-18-15 through IC 13-18-20.

(8) IC 13-19-1, IC 13-19-4, and IC 13-19-5-17.

(9) IC 13-20-1, IC 13-20-2, IC 13-20-4 through IC 13-20-15, IC 13-20-17.7, IC 13-20-19 through IC 13-20-21, and IC 13-20-22-21.

(10) IC 13-22.

(11) IC 13-23.

(12) IC 13-24.

(13) IC 13-25-1 through IC 13-25-5.

(14) IC 13-27-8.

(15) IC 13-30, except IC 13-30-1.

[1996 Recodification Citation: New.]

As added by P.L.1-1996, SEC.1. Amended by P.L.1-2002, SEC.62; P.L.100-2006, SEC.4; P.L.170-2006, SEC.5; P.L.137-2007, SEC.5; P.L.127-2009, SEC.3; P.L.189-2011, SEC.5.

 

IC 13-11-2-71.2"Environmental restrictive ordinance"

     Sec. 71.2. "Environmental restrictive ordinance" means, with respect to land, any ordinance that:

(1) is adopted by a municipal corporation (as defined in IC 36-1-2-10); and

(2) seeks to control the use of groundwater in a manner and to a degree that protects human health and the environment against unacceptable exposure to a release of hazardous substances or petroleum, or both.

As added by P.L.78-2009, SEC.2. Amended by P.L.159-2011, SEC.2.

 

IC 13-11-2-72"Environmental wastes"

     Sec. 72. "Environmental wastes", for purposes of IC 13-27, means all environmental pollutants, wastes, discharges, and emissions, regardless of:

(1) whether or how they are regulated; and

(2) whether they are released to the general environment or the workplace environment.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-10.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.4; P.L.37-2012, SEC.4.

 

IC 13-11-2-72.3"EPA"

     Sec. 72.3. "EPA", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-2.

As added by P.L.88-2017, SEC.2.

 

IC 13-11-2-72.5Repealed

As added by P.L.140-2000, SEC.7. Amended by P.L.1-2001, SEC.12. Repealed by P.L.78-2009, SEC.28.

 

IC 13-11-2-73"Excess liability trust fund"

     Sec. 73. "Excess liability trust fund", for purposes of IC 13-23, refers to the underground petroleum storage tank excess liability trust fund (or ELTF) established by IC 13-23-7-1.

[Pre-1996 Recodification Citation: 13-7-20-1.3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.9-1996, SEC.3; P.L.96-2016, SEC.7.

 

IC 13-11-2-74"Executive"

     Sec. 74. "Executive" means the:

(1) board of commissioners of a county that:

(A) does not have a consolidated city; and

(B) is not subject to IC 36-2-2.5;

(2) single county executive elected under IC 3-10-2-13, for a county that:

(A) does not have a consolidated city; and

(B) is subject to IC 36-2-2.5;

(3) mayor of the consolidated city, for a county having a consolidated city;

(4) mayor of a city; or

(5) president of the town council of a town.

[Pre-1996 Recodification Citation: 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.77-2014, SEC.6.

 

IC 13-11-2-74.5"Exempt isolated wetland"

     Sec. 74.5. (a) "Exempt isolated wetland", for purposes of IC 13-18 and environmental management laws, means an isolated wetland that:

(1) is a voluntarily created wetland unless:

(A) the wetland is approved by the department for compensatory mitigation purposes in accordance with a permit issued under Section 404 of the Clean Water Act or IC 13-18-22;

(B) the wetland is reclassified as a state regulated wetland under IC 13-18-22-6(e); or

(C) the owner of the wetland declares, by a written instrument:

(i) recorded in the office of the recorder of the county or counties in which the wetland is located; and

(ii) filed with the department;

that the wetland is to be considered in all respects to be a state regulated wetland;

(2) exists as an incidental feature in or on:

(A) a residential lawn;

(B) a lawn or landscaped area of a commercial or governmental complex;

(C) agricultural land;

(D) a roadside ditch;

(E) an irrigation ditch; or

(F) a manmade drainage control structure;

(3) is a fringe wetland associated with a private pond;

(4) is, or is associated with, a manmade body of surface water of any size created by:

(A) excavating;

(B) diking; or

(C) excavating and diking;

dry land to collect and retain water for or incidental to agricultural, commercial, industrial, or aesthetic purposes;

(5) subject to subsection (c), is a Class I wetland with an area, as delineated, of one-half (1/2) acre or less;

(6) subject to subsection (d), is a Class II wetland with an area, as delineated, of one-fourth (1/4) acre or less;

(7) is located on land:

(A) subject to regulation under United States Department of Agriculture wetland conservation programs, including Swampbuster and the Wetlands Reserve Program, because of voluntary enrollment in a federal farm program; and

(B) used for agricultural or other purposes allowed under the programs referred to in clause (A); or

(8) is constructed for reduction or control of pollution.

     (b) For purposes of subsection (a)(2), an isolated wetland exists as an incidental feature:

(1) if:

(A) the owner or operator of the property or facility described in subsection (a)(2) does not intend the isolated wetland to be a wetland;

(B) the isolated wetland is not essential to the function or use of the property or facility; and

(C) the isolated wetland arises spontaneously as a result of damp soil conditions incidental to the function or use of the property or facility; and

(2) if the isolated wetland satisfies any other factors or criteria established in rules that are:

(A) adopted by the board; and

(B) not inconsistent with the factors and criteria described in subdivision (1).

     (c) The total acreage of Class I wetlands on a tract to which the exemption described in subsection (a)(5) may apply is limited to the larger of:

(1) the acreage of the largest individual isolated wetland on the tract that qualifies for the exemption described in subsection (a)(5); and

(2) fifty percent (50%) of the cumulative acreage of all individual isolated wetlands on the tract that would qualify for the exemption described in subsection (a)(5) but for the limitation of this subsection.

     (d) The total acreage of Class II wetlands on a tract to which the exemption described in subsection (a)(6) may apply is limited to the larger of:

(1) the acreage of the largest individual isolated wetland on the tract that qualifies for the exemption described in subsection (a)(6); and

(2) thirty-three and one-third percent (33 1/3%) of the cumulative acreage of all individual isolated wetlands on the tract that would qualify for the exemption described in subsection (a)(6) but for the limitation of this subsection.

     (e) An isolated wetland described in subsection (a)(5) or (a)(6) does not include an isolated wetland on a tract that contains more than one (1) of the same class of wetland until the owner of the tract notifies the department that the owner has selected the isolated wetland to be an exempt isolated wetland under subsection (a)(5) or (a)(6) consistent with the applicable limitations described in subsections (c) and (d).

As added by P.L.282-2003, SEC.24. Amended by P.L.52-2004, SEC.3; P.L.241-2005, SEC.3; P.L.113-2014, SEC.47.

 

IC 13-11-2-75"Exposure assessment"

     Sec. 75. "Exposure assessment", for purposes of IC 13-23, means an assessment to determine the extent of exposure, or potential for exposure, of individuals to any regulated substance from a release from an underground storage tank based on factors such as the following:

(1) The nature and extent of contamination and the existence of or potential for pathways of human exposure, including ground or surface water contamination, air emissions, and food chain contamination.

(2) The size of the community within the likely pathway of exposure.

(3) The comparison of expected human exposure levels to the short term and long term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for those contaminants.

[Pre-1996 Recodification Citation: 13-7-20-1.5.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-76"Extremely hazardous substance"

     Sec. 76. "Extremely hazardous substance", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049.

[Pre-1996 Recodification Citation: 13-7-37-3.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-77"Facility"

     Sec. 77. (a) "Facility", for purposes of IC 13-15-1-3, means a structure or an area of land used for the disposal, treatment, storage, recovery, processing, or transferring of solid waste, hazardous waste, or atomic radiation. The term includes the following:

(1) A hazardous waste facility.

(2) An incinerator.

(3) A solid waste landfill.

(4) A transfer station.

     (b) "Facility", for purposes of IC 13-17-7, means a single structure, piece of equipment, installation, or operation that:

(1) emits; or

(2) has the potential to emit;

a regulated air pollutant.

     (c) "Facility", for purposes of IC 13-18-5, means a building, a structure, equipment, or other stationary item that is located on:

(1) a single site; or

(2) contiguous or adjacent sites that are owned by, operated by, or under common control of the same person.

     (d) "Facility", for purposes of IC 13-21, means a facility, a plant, a works, a system, a building, a structure, an improvement, machinery, equipment, a fixture, or other real or personal property of any nature that is to be used, occupied, or employed for the collection, storage, separation, processing, recovery, treatment, marketing, transfer, or disposal of solid waste.

     (e) "Facility", for purposes of IC 13-25-2, means all buildings, equipment, structures, and other stationary items that are:

(1) located on a single site or on contiguous or adjacent sites; and

(2) owned or operated by:

(A) the same person; or

(B) any person that controls, is controlled by, or is under common control with the same person.

For purposes of IC 13-25-2-6, the term includes motor vehicles, rolling stock, and aircraft.

     (f) "Facility", for purposes of IC 13-25-4, has the meaning set forth in 42 U.S.C. 9601(9).

     (g) "Facility", for purposes of IC 13-29-1, means a parcel of land or site, together with the structures, equipment, and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage, or disposal of low-level radioactive waste.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-10-1(f); subsection (b) formerly 13-10-4-1(a)(1); subsection (c) formerly 13-1-3-19(a); subsection (d) formerly 13-9.5-1-1 part; 13-9.5-1-13; subsection (e) formerly 13-7-37-4; subsection (f) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.221-2007, SEC.1.

 

IC 13-11-2-78"Federal permit"

     Sec. 78. "Federal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a federally owned facility.

[Pre-1996 Recodification Citation: 13-7-16.1-1(b).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-79"Federal Water Pollution Control Act"

     Sec. 79. "Federal Water Pollution Control Act", for purposes of:

(1) IC 13-13-5 and IC 13-18-2-1; and

(2) environmental management laws;

refers to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the federal Water Quality Act of 1987, P.L.100-4.

[Pre-1996 Recodification Citations: 13-1-4-1(a), (f) part; 13-7-1-3 part; 13-7-1-10.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-79.5"Fertilizer material"

     Sec. 79.5. "Fertilizer material", for purposes of IC 13-18-4-5, has the meaning set forth in IC 15-16-2-11.

As added by P.L.189-2011, SEC.6.

 

IC 13-11-2-80"FESOP"

     Sec. 80. "FESOP", for purposes of IC 13-17-7, means a federally enforceable state operating permit issued to a source that would require a Title V operating permit but due to a federally enforceable operating restriction has potential emissions less than the amount that would require a Title V operating permit.

[Pre-1996 Recodification Citation: 13-10-4-1(a)(2).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-81"Fiduciary"

     Sec. 81. (a) "Fiduciary", for purposes of IC 13-23-13:

(1) means a person acting for the benefit of another party as a bona fide:

(A) trustee;

(B) executor;

(C) administrator;

(D) custodian;

(E) guardian of estates or guardian ad litem;

(F) receiver;

(G) conservator;

(H) committee of estates of incapacitated persons;

(I) personal representative;

(J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or

(K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and

(2) does not include:

(A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1) estate plan or because of the incapacity of a natural person; or

(B) a person that acquires ownership or control of an underground storage tank with the objective purpose of avoiding liability of the person or another person.

     (b) "Fiduciary", for purposes of IC 13-24-1:

(1) means a person acting for the benefit of another party as a bona fide:

(A) trustee;

(B) executor;

(C) administrator;

(D) custodian;

(E) guardian of estates or guardian ad litem;

(F) receiver;

(G) conservator;

(H) committee of estates of incapacitated persons;

(I) personal representative;

(J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or

(K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and

(2) does not include:

(A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1) estate plan or because of the incapacity of a natural person; or

(B) a person that acquires ownership or control of a petroleum facility with the purpose of avoiding liability of the person or of another person.

     (c) "Fiduciary", for purposes of IC 13-25-4:

(1) means a person acting for the benefit of another party as a bona fide:

(A) trustee;

(B) executor;

(C) administrator;

(D) custodian;

(E) guardian of estates or guardian ad litem;

(F) receiver;

(G) conservator;

(H) committee of estates of incapacitated persons;

(I) personal representative;

(J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or

(K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and

(2) does not include:

(A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1) estate plan or because of the incapacity of a natural person; or

(B) a person that acquires ownership or control of a vessel or facility with the objective purpose of avoiding liability of the person or of another person.

[Pre-1996 Recodification Citations: 13-7-8.7-8(b); 13-7-20.1-14(b).]

As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.2.

 

IC 13-11-2-81.5"Fiduciary capacity"

     Sec. 81.5. (a) "Fiduciary capacity", for purposes of IC 13-23-13, means the capacity of a person in holding title to an underground storage tank pursuant to the exercise of the responsibilities of the person as a fiduciary.

     (b) "Fiduciary capacity", for purposes of IC 13-24-1, means the capacity of a person in holding title to a petroleum facility pursuant to the exercise of the responsibilities of the person as a fiduciary.

     (c) "Fiduciary capacity", for purposes of IC 13-25-4, means the capacity of a person in holding title to a vessel or facility pursuant to the exercise of the responsibilities of the person as a fiduciary.

As added by P.L.90-1998, SEC.3.

 

IC 13-11-2-82"Final disposal facility"

     Sec. 82. (a) "Final disposal facility", for purposes of IC 13-20-3, IC 13-20-5, IC 13-20-22, and IC 13-21, means any of the following:

(1) A landfill.

(2) An incinerator.

(3) A waste-to-energy facility.

     (b) The term does not include a transfer station.

[Pre-1996 Recodification Citations: 13-7-22-2.7(c) part; 13-9.5-1-1 part; 13-9.5-1-14.]

As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.45.

 

IC 13-11-2-83"Financial assistance agreement"

     Sec. 83. (a) "Financial assistance agreement", for purposes of IC 13-18-13, refers to an agreement between:

(1) the Indiana finance authority; and

(2) a participant under IC 13-18-13;

establishing the terms and conditions of a loan or other financial assistance, including forgiveness of principal if allowed under federal law, by the state to the participant under that chapter.

     (b) "Financial assistance agreement", for purposes of IC 13-19-5, means an agreement between the authority and a political subdivision that:

(1) is approved by the budget agency; and

(2) establishes the terms and conditions of a loan or other financial assistance by the state to the political subdivision.

     (c) "Financial assistance agreement", for purposes of IC 13-18-21, refers to an agreement between:

(1) the Indiana finance authority; and

(2) a participant under IC 13-18-21;

establishing the terms and conditions of a loan or other financial assistance, including forgiveness of principal if allowed under federal law, by the state to the participant under IC 13-18-21.

     (d) "Financial assistance agreement", for purposes of IC 13-18-25, refers to an agreement between:

(1) the Indiana finance authority; and

(2) a participant under IC 13-18-25;

establishing the terms and conditions of a loan or other financial assistance, including forgiveness of principal.

[Pre-1996 Recodification Citation: 4-23-21-1.6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.7; P.L.126-1997, SEC.1; P.L.253-1997(ss), SEC.12; P.L.132-1999, SEC.4; P.L.235-2005, SEC.127; P.L.233-2017, SEC.14.

 

IC 13-11-2-84"Financial assurance board"

     Sec. 84. "Financial assurance board", for purposes of IC 13-23, refers to the underground petroleum storage tank financial assurance board.

[Pre-1996 Recodification Citation: 13-7-20-1.6.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-84.5"Financial or administrative function"

     Sec. 84.5. "Financial or administrative function", for purposes of sections 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes a function such as that of:

(1) a credit manager;

(2) an accounts payable officer;

(3) an accounts receivable officer;

(4) a personnel manager;

(5) a comptroller; or

(6) a chief financial officer or a similar function.

As added by P.L.97-2004, SEC.58.

 

IC 13-11-2-85"Financing agreement"

     Sec. 85. "Financing agreement", for purposes of IC 13-21, includes an agreement between a district and a developer, between a developer and a user, or among a district, developer, and user concerning:

(1) payments to the district under the agreement; and

(2) any of the following:

(A) The financing of facilities.

(B) The title to facilities.

(C) The possession of facilities.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-15.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-85.3"Fiscal year"

     Sec. 85.3. "Fiscal year", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-2.

As added by P.L.126-2014, SEC.1.

 

IC 13-11-2-85.5Repealed

As added by P.L.90-1998, SEC.4. Repealed by P.L.97-2004, SEC.133.

 

IC 13-11-2-85.6"Foreclosure"

     Sec. 85.6. "Foreclosure", for purposes of sections 148(e)(2), 150(c), and 151(e) of this chapter, means the acquisition of a vessel or facility for purposes of IC 13-25-4-8(c), an underground storage tank for purposes of IC 13-23-13, or a petroleum facility for purposes of IC 13-24-1 through any of the following:

(1) If the vessel or facility, underground storage tank, or petroleum facility was security for an extension of credit previously contracted:

(A) purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure;

(B) a deed in lieu of foreclosure or a similar conveyance from a trustee; or

(C) repossession.

(2) Conveyance under an extension of credit previously contracted, including the termination of a lease agreement.

(3) Any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a vessel or facility, underground storage tank, or petroleum facility in order to protect the security interest of the person.

As added by P.L.159-2011, SEC.3.

 

IC 13-11-2-85.7Repealed

As added by P.L.140-2000, SEC.8. Repealed by P.L.1-2006, SEC.588.

 

IC 13-11-2-86"Fiscal body"

     Sec. 86. "Fiscal body" means:

(1) the county council, for a county not having a consolidated city;

(2) the city-county council of a consolidated city and county;

(3) the common council of a city;

(4) the town council of a town;

(5) the township board of a township; or

(6) the board of directors of a conservancy district.

[Pre-1996 Recodification Citation: 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-86.7"Freehold"

     Sec. 86.7. "Freehold", for purposes of IC 13-21-3-5, means the tract of land that is held by a freeholder.

As added by P.L.60-2017, SEC.1.

 

IC 13-11-2-86.8"Freeholder"

     Sec. 86.8. "Freeholder", for purposes of this chapter and IC 13-21-3-5, means a person who holds land:

(1) in fee;

(2) for life; or

(3) for some indeterminate period;

whether or not the person holds the land in joint title with one (1) or more other persons.

As added by P.L.60-2017, SEC.2.

 

IC 13-11-2-87"Fund"

     Sec. 87. (a) "Fund", for purposes of IC 13-14-12, refers to the environmental management special fund.

     (b) "Fund", for purposes of IC 13-15-10, refers to the waste facility operator trust fund.

     (c) "Fund", for purposes of IC 13-15-11, refers to the environmental management permit operation fund.

     (d) "Fund", for purposes of IC 13-17-6, refers to the asbestos trust fund.

     (e) "Fund", for purposes of IC 13-17-8, refers to the Title V operating permit program trust fund.

     (f) "Fund", for purposes of IC 13-18-8-5, refers to a sanitary fund.

     (g) "Fund", for purposes of IC 13-18-13, refers to the wastewater revolving loan fund established by IC 13-18-13-2.

     (h) "Fund", for purposes of IC 13-18-21, refers to the drinking water revolving loan fund established by IC 13-18-21-2. The term does not include the supplemental fund established by IC 13-18-21-22.

     (i) "Fund", for purposes of IC 13-18-25, refers to the infrastructure assistance fund established by IC 13-18-25-2.

     (j) "Fund", for purposes of IC 13-19-5, refers to the environmental remediation revolving loan fund established by IC 13-19-5-2.

     (k) "Fund", for purposes of IC 13-20-4, refers to the municipal waste transportation fund.

     (l) "Fund", for purposes of IC 13-20-13, refers to the waste tire management fund.

     (m) "Fund", for purposes of IC 13-20-22, refers to the state solid waste management fund.

     (n) "Fund", for purposes of IC 13-21-7, refers to the waste management district bond fund.

     (o) "Fund", for purposes of IC 13-21-13-2, refers to a district solid waste management fund.

     (p) "Fund", for purposes of IC 13-23-6, refers to the underground petroleum storage tank trust fund.

     (q) "Fund", for purposes of IC 13-23-7 and IC 13-23-8, refers to the underground petroleum storage tank excess liability trust fund (or ELTF).

     (r) "Fund", for purposes of IC 13-25-4, refers to the hazardous substances response trust fund.

     (s) "Fund", for purposes of IC 13-25-5, refers to the voluntary remediation fund.

     (t) "Fund", for purposes of IC 13-28-2, refers to the voluntary compliance fund.

[Pre-1996 Recodification Citations: subsection (a), (b), (c), (d), (e), (f) New; subsection (g) formerly 4-23-21-2; subsection (h) New; subsection (i) formerly 13-7-23-2; subsection (j), (k), (l), (m), (n), (o) New; subsection (p) formerly 13-7-8.7-1(b); subsection (q), (r) New.]

As added by P.L.1-1996, SEC.1. Amended by P.L.123-1997, SEC.6; P.L.59-1997, SEC.8; P.L.126-1997, SEC.2; P.L.253-1997(ss), SEC.13; P.L.132-1999, SEC.5; P.L.14-2001, SEC.3; P.L.57-2009, SEC.1; P.L.96-2016, SEC.8; P.L.233-2017, SEC.15.

 

IC 13-11-2-88"Garbage"

     Sec. 88. "Garbage", for purposes of environmental management laws, means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the:

(1) processing;

(2) handling;

(3) preparation;

(4) cooking;

(5) serving; or

(6) consumption;

of food or food materials.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-11.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-89"Generator"

     Sec. 89. (a) "Generator", for purposes of IC 13-22-12, means a person that, during the preceding year, generated hazardous waste in quantities greater than:

(1) one thousand (1,000) kilograms of hazardous waste; or

(2) one (1) kilogram of acutely toxic waste in any month.

     (b) "Generator", for purposes of IC 13-29-1, means a person who produces or possesses low-level radioactive waste in the course of or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity and who, to the extent required by law, is licensed by the United States Nuclear Regulatory Commission or a party state to produce or possess such waste. The term does not include a person who provides a service by arranging for the collection, transportation, treatment, storage, or disposal of wastes generated outside the region.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-16.1-3(c); subsection (b) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-90"Governmental entity"

     Sec. 90. "Governmental entity", for purposes of IC 13-18-3 and IC 13-25-6, means the state or a political subdivision.

[Pre-1996 Recodification Citation: 13-6-2-4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.78-2009, SEC.3.

 

IC 13-11-2-91"Grantee"

     Sec. 91. "Grantee", for purposes of IC 13-20-20, means a person that receives a grant under IC 13-20-20.

[Pre-1996 Recodification Citation: 13-7-33-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-92"Groundwater monitoring well"

     Sec. 92. "Groundwater monitoring well", for purposes of IC 13-20-21 and IC 13-22-12, means a device required by a permit condition or applicable rule to monitor the quality of groundwater during a twelve (12) month period.

[Pre-1996 Recodification Citations: 13-7-16.1-2(b); 13-7-16.1-3(d).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-93"Guarantor"

     Sec. 93. (a) "Guarantor", for purposes of IC 13-22-8, means a person, other than the owner or operator of a hazardous waste facility, who provides evidence of financial responsibility for the owner or operator under IC 13-22-8.

     (b) "Guarantor", for purposes of IC 13-23-4-6, means any person, other than the owner or operator of an underground storage tank, who provides evidence of financial responsibility for an owner or operator under:

(1) IC 13-23-4-1 or IC 13-23-4-2; and

(2) the rules adopted under IC 13-23-1-2(c)(6).

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-8.5-10(a); subsection (b) formerly 13-7-20-17(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-94"Hazardous chemical"

     Sec. 94. "Hazardous chemical", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11021(e).

[Pre-1996 Recodification Citation: 13-7-37-5.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-95"Hazardous household product"

     Sec. 95. "Hazardous household product", for purposes of IC 13-20-20, means a household product that:

(1) may cause serious injury or death when introduced into or upon the body of a living human because the product is:

(A) a poison;

(B) toxic;

(C) corrosive;

(D) an irritant;

(E) flammable; or

(F) radioactive; or

(2) generates pressure through:

(A) decomposition;

(B) heat; or

(C) other means;

during a customary or reasonably anticipated handling or use.

[Pre-1996 Recodification Citation: 13-7-33-2.5.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-96"Hazardous material"

     Sec. 96. (a) "Hazardous material", for purposes of IC 13-18-5, means any of the following:

(1) A hazardous chemical (as defined in 42 U.S.C. 11021(e), as in effect on January 1, 1990).

(2) A hazardous waste.

(3) A hazardous substance (as defined in 42 U.S.C. 9601(14), as in effect on January 1, 1990).

(4) A substance that is on the list of extremely hazardous substances published by the Administrator of the United States Environmental Protection Agency under 42 U.S.C. 11002(a)(2).

(5) A material that is identified by the board as potentially harmful to surface water or groundwater if accidentally released from a storage or handling facility.

     (b) "Hazardous material", for purposes of IC 13-25-6, means a material or waste that has been determined to be hazardous or potentially hazardous to human health, to property, or to the environment by:

(1) the United States:

(A) Environmental Protection Agency;

(B) Nuclear Regulatory Commission;

(C) Department of Transportation; or

(D) Occupational Safety and Health Administration; or

(2) the board.

The term includes all of the hazardous materials identified in 49 CFR 172.101.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-3-19(b) part; subsection (b) formerly 13-6-2-5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.113-2014, SEC.48; P.L.112-2015, SEC.6; P.L.72-2017, SEC.6.

 

IC 13-11-2-97"Hazardous materials emergency"

     Sec. 97. "Hazardous materials emergency", for purposes of IC 13-25-6, means an occurrence that:

(1) involves the uncontrolled release or imminent uncontrolled release of a hazardous material into the environment; and

(2) creates the possibility of harm to:

(A) human health;

(B) property; or

(C) the environment.

[Pre-1996 Recodification Citation: 13-6-2-6.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-98"Hazardous substance"

     Sec. 98. "Hazardous substance", for purposes of:

(1) IC 13-19-5;

(2) IC 13-25-4; and

(3) IC 13-25-5;

has the meaning set forth in Section 101 of CERCLA (42 U.S.C. 9601). The term includes any substance that the board determines to be hazardous under environmental management laws.

[Pre-1996 Recodification Citations: 13-7-8.7-1(c); 13-7-8.9-2.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.9; P.L.113-2014, SEC.49.

 

IC 13-11-2-99"Hazardous waste"

     Sec. 99. (a) "Hazardous waste", for purposes of section 96(a) of this chapter, IC 13-19, and environmental management laws, means a solid waste or combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:

(1) cause or significantly contribute to an increase in:

(A) mortality;

(B) serious irreversible illness; or

(C) incapacitating reversible illness; or

(2) pose a substantial present or potential hazard to:

(A) human health; or

(B) the environment;

when improperly treated, stored, transported, disposed of, or otherwise managed.

     (b) "Hazardous waste", for purposes of IC 13-22-10, includes a waste determined to be a hazardous waste under IC 13-22-2-3(b).

     (c) "Hazardous waste", for purposes of IC 13-22-11, has the meaning set forth in the federal Resource Conservation and Recovery Act (42 U.S.C. 6903(5)), as in effect January 1, 1989.

     (d) "Hazardous waste", for purposes of IC 13-22-12-3.5, includes any waste that:

(1) meets the definition set forth in subsection (a);

(2) is determined to be hazardous under the criteria developed under IC 13-22-2-3(a); or

(3) is included on the list compiled and maintained by the board under IC 13-22-2-3(b).

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-3-19(b) part; 13-1-12-4; 13-7-1-3 part; 13-7-1-12; 13-7-8.6-2(f) part; subsection (b) formerly 13-7-8.6-2(f) part; subsection (c) formerly 13-7-27-1.]

As added by P.L.1-1996, SEC.1. Amended by P.L.220-2014, SEC.6.

 

IC 13-11-2-100"Hazardous waste facility"

     Sec. 100. "Hazardous waste facility", for purposes of environmental management laws, means a plant or site where hazardous waste is subjected to treatment, storage, or disposal.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-13.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-101"Hazardous waste landfill"

     Sec. 101. "Hazardous waste landfill", for purposes of IC 13-22-9, means a hazardous waste disposal facility at which hazardous waste is deposited on or beneath the surface of the ground as an intended place of final location.

[Pre-1996 Recodification Citation: 13-7-32-1.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-102"High level radioactive waste"

     Sec. 102. "High level radioactive waste", for purposes of IC 13-22-10, has the meaning set forth in Section 2 of the federal Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), as in effect on January 1, 1987.

[Pre-1996 Recodification Citation: 13-7-8.6-2(l).]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.5.

 

IC 13-11-2-102.6"Host agreement"

     Sec. 102.6. "Host agreement", for purposes of IC 13-20-23, means a valid and enforceable agreement entered into between a county and another person for the payment of a disposal fee in exchange for the county's permission to construct or operate a landfill.

As added by P.L.133-1998, SEC.3.

 

IC 13-11-2-103"Host state"

     Sec. 103. "Host state", for purposes of IC 13-29-1, means any state which is designated by the Midwest Interstate Low-Level Radioactive Waste Commission to host a regional facility.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-103.9"Household"

     Sec. 103.9. "Household", for purposes of section 47.7 of this chapter and IC 13-20.5, means the occupants of a dwelling located in Indiana who use a video display device at the dwelling primarily for personal use or home office use.

As added by P.L.178-2009, SEC.11.

 

IC 13-11-2-104"Household hazardous waste"

     Sec. 104. "Household hazardous waste", for purposes of IC 13-20-20 and IC 13-21, means hazardous waste generated by households.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-33-3; subsection (b) formerly 13-9.5-1-1 part; 13-9.5-1-16.5 part; subsection (c) formerly 13-9.5-1-1 part; 13-9.5-1-16.5 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.237-1999, SEC.2.

 

IC 13-11-2-104.5"Hulk crusher"

     Sec. 104.5. "Hulk crusher", for purposes of this chapter, means an enterprise that engages in the business of handling and flattening, compacting, or otherwise demolishing motor vehicles or their remains for economical delivery to a scrap metal processor or other appropriate facility.

As added by P.L.170-2006, SEC.6. Amended by P.L.112-2016, SEC.5.

 

IC 13-11-2-104.6"IHCDA"

     Sec. 104.6. "IHCDA", for purposes of IC 13-19-7, has the meaning set forth in IC 13-19-7-3.

As added by P.L.88-2017, SEC.3.

 

IC 13-11-2-104.7"In lieu fee mitigation program"

     Sec. 104.7. "In lieu fee mitigation program", for purposes of IC 13-18-22-6, means a program under which a person proposing a wetland activity in a state regulated wetland provides funds to a third party that will use the funds to offset the loss of wetlands resulting from the proposed wetland activity.

As added by P.L.147-2015, SEC.1.

 

IC 13-11-2-105"Incidental concentration of PCB"

     Sec. 105. "Incidental concentrations of PCB", for purposes of IC 13-20-15-3, means concentrations of PCB that are beyond the control of the person and that are not the result of the person:

(1) exposing the:

(A) item;

(B) product; or

(C) material;

to concentrations of PCB;

(2) failing to take reasonable measures to rid the:

(A) item;

(B) product; or

(C) material;

of concentrations of PCB; or

(3) failing to use a reasonable substitute for the:

(A) item;

(B) product; or

(C) material;

for which the exemption is sought.

[Pre-1996 Recodification Citation: 13-7-16.5-4(c).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-106"Incinerator"

     Sec. 106. "Incinerator", for purposes of IC 13-21 and environmental management laws, means an engineered apparatus designed for the burning of solid waste under the effect of controls on the following:

(1) Temperature.

(2) Retention time.

(3) Air.

(4) Other combustion factors.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-13.5; 13-9.5-1-1 part; 13-9.5-1-17.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-107"Includes"

     Sec. 107. "Includes" means includes but is not limited to.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-108"Industrial permit"

     Sec. 108. "Industrial permit", for purposes of IC 13-14-8-11.6 and IC 13-18-20, refers to a National Pollutant Discharge Elimination System (NPDES) permit other than a permit issued to any of the following:

        (1) a municipal facility;

        (2) a state facility;

        (3) a federal facility;

        (4) a semipublic facility;

        (5) a public water system facility; or

        (6) a facility for storm water discharge.

[Pre-1996 Recodification Citation: 13-7-16.1-1(c).]

As added by P.L.1-1996, SEC.1. Amended by P.L.72-1999, SEC.1; P.L.184-2002, SEC.2.

 

IC 13-11-2-109"Industrial pretreatment permit"

     Sec. 109. "Industrial pretreatment permit", for purposes of IC 13-18-20, refers to a permit issued by the state to an industry discharging to a publicly owned treatment works that:

(1) meets the criteria in 327 IAC 5-13-2(f); and

(2) has been approved by the commissioner in accordance with 327 IAC 5-13-4.

[Pre-1996 Recodification Citation: 13-7-16.1-1(d).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-109.5Repealed

As added by P.L.138-2000, SEC.1. Repealed by P.L.218-2001, SEC.11.

 

IC 13-11-2-110Repealed

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-25-2; subsection (b) formerly 13-9-1-1 part; 13-9-1-11.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.5; P.L.1-2002, SEC.63. Repealed by P.L.37-2012, SEC.5.

 

IC 13-11-2-111"Intentionally introduced"

     Sec. 111. "Intentionally introduced", for purposes of IC 13-20-17, means any time that mercury is present in a battery, unless the mercury is only incidentally present in other materials in the battery.

[Pre-1996 Recodification Citation: 13-1-16-1.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-112"Interstate agency"

     Sec. 112. "Interstate agency", for purposes of IC 13-18-2, means an agency of at least two (2) states having powers or duties pertaining to the abatement of water pollution.

[Pre-1996 Recodification Citation: 13-1-4-1(d), (f) part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-112.5"Isolated wetland"

     Sec. 112.5. "Isolated wetland", for purposes of IC 13-18, is a wetland that is not subject to regulation under Section 404(a) of the Clean Water Act.

As added by P.L.282-2003, SEC.25.

 

IC 13-11-2-113"Joint solid waste management district" or "joint district"

     Sec. 113. "Joint solid waste management district" or "joint district", for purposes of IC 13-21, refers to a solid waste management district that consists of at least two (2) counties.

[Pre-1996 Recodification Citations: 13-9.5-1-1 part; 13-9.5-1-18.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-113.5"Knee of the curve"

     Sec. 113.5. "Knee of the curve", for purposes of IC 13-18, means the point where the incremental change in the cost of the control alternative per change in performance of the control alternative changes most rapidly.

As added by P.L.140-2000, SEC.9.

 

IC 13-11-2-114"Land application"

     Sec. 114. "Land application", for purposes of IC 13-18-12, means the disposal of:

(1) septage;

(2) solid waste, as defined in section 205(a) of this chapter; or

(3) industrial waste products, as allowed under IC 13-18-12-2.5;

by burial or incorporation into the soil.

[Pre-1996 Recodification Citation: 13-7-8.8-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.112-2016, SEC.6.

 

IC 13-11-2-114.2"Land application operation"

     Sec. 114.2. "Land application operation", for purposes of IC 13-18-12 and IC 13-19-3, means an operation in which sludge, waste products, or wastewater generated by industrial, municipal, or semipublic facilities are disposed of by application upon or incorporation into the soil. The term does not include the operation of a landfill or an open dump.

As added by P.L.30-1999, SEC.1. Amended by P.L.112-2016, SEC.7.

 

IC 13-11-2-115"Land disposal"

     Sec. 115. "Land disposal", for purposes of IC 13-22-12, includes the following:

(1) Interim status and permitted hazardous waste landfills.

(2) Interim status and permitted hazardous waste surface impoundments.

[Pre-1996 Recodification Citation: 13-7-16.1-3(e).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-115.5Repealed

As added by P.L.97-2004, SEC.59. Repealed by P.L.113-2014, SEC.50.

 

IC 13-11-2-116"Landfill"

     Sec. 116. (a) "Landfill", for purposes of IC 13-20-2, IC 13-20-24, and IC 13-20.5, means a solid waste disposal facility at which solid waste is deposited on or beneath the surface of the ground as an intended place of final location.

     (b) "Landfill", for purposes of section 114.2 of this chapter and IC 13-20-11, means a facility operated under a permit issued under IC 13-15-3 or IC 13-7-10 (before its repeal) at which solid waste is disposed of by placement on or under the surface of the ground.

     (c) "Landfill", for purposes of section 82 of this chapter and IC 13-21, means a solid waste disposal facility at which solid waste is deposited on or in the ground as an intended place of final location. The term does not include the following:

(1) A site that is devoted solely to receiving one (1) or more of the following:

(A) Fill dirt.

(B) Vegetative matter subject to disposal as a result of:

(i) landscaping;

(ii) yard maintenance;

(iii) land clearing; or

(iv) any combination of activities referred to in this clause.

(2) A facility receiving waste that is regulated under the following:

(A) IC 13-22-1 through IC 13-22-8.

(B) IC 13-22-13 through IC 13-22-14.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-22-2(b); subsection (b) formerly 13-7-22-3(a); subsection (c) formerly 13-9.5-1-19.]

As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.46; P.L.133-1998, SEC.4; P.L.30-1999, SEC.2; P.L.14-2000, SEC.34; P.L.97-2004, SEC.60; P.L.131-2006, SEC.2; P.L.178-2009, SEC.12.

 

IC 13-11-2-117Repealed

[Pre-1996 Recodification Citation: 13-7-22.5-2.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.97-2004, SEC.133.

 

IC 13-11-2-118"Lead acid battery"

     Sec. 118. "Lead acid battery", for purposes of IC 13-20-16, means a battery that:

(1) contains lead and sulfuric acid; and

(2) has a nominal voltage of at least six (6) volts.

[Pre-1996 Recodification Citation: 13-1-15-1.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-118.3Repealed

As added by P.L.123-1997, SEC.7. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-118.4"Legitimate use"

     Sec. 118.4. (a) "Legitimate use", for purposes of this article, IC 13-19, and IC 13-20, means the use or reuse of a material, otherwise defined as a solid or hazardous waste, under all of the following circumstances:

(1) The material is used or reused:

(A) in a manufacturing process; or

(B) as a substitute for natural or commercial materials.

(2) The material:

(A) is commercially valuable for an established or emerging market; and

(B) is used or reused in a manner that does not pose an unreasonable threat to human health or the environment.

     (b) Subsection (a) does not affect or limit uses of materials as allowed under IC 13-19-3, rules adopted by the board, or other state or federal law or regulations.

As added by P.L.97-2016, SEC.1.

 

IC 13-11-2-118.5Repealed

As added by P.L.123-1997, SEC.8. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-119"Lender"

     Sec. 119. (a) "Lender", for purposes of IC 13-23-13, means any of the following:

(1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).

(2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).

(3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).

(4) A leasing or trust company that is an affiliate of an insured depository institution.

(5) A person (including a successor or assignee of the person) that:

(A) makes a bona fide extension of credit to; or

(B) takes or acquires a security interest from;

a nonaffiliated person.

(6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.

(7) A person that:

(A) insures or guarantees against a default in the repayment of an extension of credit; or

(B) acts as a surety with respect to an extension of credit;

to a nonaffiliated person.

(8) A person that provides title insurance and that acquires an underground storage tank as a result of assignment or conveyance in the course of underwriting claims and claims settlement.

     (b) "Lender", for purposes of IC 13-24-1, means any of the following:

(1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).

(2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).

(3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).

(4) A leasing or trust company that is an affiliate of an insured depository institution.

(5) A person (including a successor or assignee of the person) that:

(A) makes a bona fide extension of credit to; or

(B) takes or acquires a security interest from;

a nonaffiliated person.

(6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.

(7) A person that:

(A) insures or guarantees against a default in the repayment of an extension of credit; or

(B) acts as a surety with respect to an extension of credit;

to a nonaffiliated person.

(8) A person that provides title insurance and that acquires a petroleum facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement.

     (c) "Lender", for purposes of IC 13-25-4, means any of the following:

(1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).

(2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).

(3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).

(4) A leasing or trust company that is an affiliate of an insured depository institution.

(5) A person (including a successor or assignee of the person) that:

(A) makes a bona fide extension of credit to; or

(B) takes or acquires a security interest from;

a nonaffiliated person.

(6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.

(7) A person that:

(A) insures or guarantees against a default in the repayment of an extension of credit; or

(B) acts as a surety with respect to an extension of credit;

to a nonaffiliated person.

(8) A person that provides title insurance and that acquires a vessel or facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement.

[Pre-1996 Recodification Citation: 13-7-22.5-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.5; P.L.113-2014, SEC.51.

 

IC 13-11-2-119.5Repealed

As added by P.L.112-2015, SEC.7. Repealed by P.L.72-2017, SEC.7.

 

IC 13-11-2-120"Local emergency planning committee"

     Sec. 120. "Local emergency planning committee", for purposes of IC 13-25-1 and IC 13-25-2, refers to a committee established under Title III of the federal Superfund Amendments and Reauthorization Act of 1986 for a local emergency planning district.

[Pre-1996 Recodification Citation: 13-7-36-1.3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.85-2015, SEC.8.

 

IC 13-11-2-120.5"Long term control plan"

     Sec. 120.5. "Long term control plan", for purposes of section 31.5 of this chapter, IC 13-14-9-14, and IC 13-18, means a plan that:

(1) is consistent with the federal Combined Sewer Overflow Control Policy (59 Fed. Reg. 18688);

(2) is developed in accordance with the recommendations set forth in Combined Sewer Overflows Guidance for Long-Term Control Plan (EPA 832B95002);

(3) describes changes and improvements to be made to a combined sewer system or to a publicly owned wastewater treatment plant for the purpose of meeting the requirements of the federal Clean Water Act and state law;

(4) is developed with public participation using a process that is designed to promote active involvement by the affected public, through opportunities to provide in the decision making to select long term control alternatives:

(A) information;

(B) opinions; and

(C) comments;

(5) is submitted to the department for approval; and

(6) does the following:

(A) Uses characterization, monitoring, and modeling of the combined sewer system to determine:

(i) the response of the combined sewer system to various precipitation events;

(ii) the characteristics of overflows from the combined sewer system; and

(iii) the water quality impacts that result from overflows from the combined sewer system.

(B) Considers the impact of combined sewer overflows on sensitive areas and gives highest priority to controlling overflows in those areas.

(C) Contains an evaluation of a reasonable range of control alternatives, taking into account expected and projected future growth.

(D) Contains cost and performance analyses of the control alternatives evaluated.

(E) Maximizes treatment of wet weather flows at a publicly owned treatment works (POTW) treatment plant.

(F) Contains a practicable implementation schedule for the selected control alternative.

(G) Contains a post-construction compliance monitoring program adequate to ascertain:

(i) the effectiveness of the selected control alternative; and

(ii) the extent to which water quality standards have been attained.

As added by P.L.140-2000, SEC.10. Amended by P.L.100-2006, SEC.5.

 

IC 13-11-2-121"Low level radioactive waste"

     Sec. 121. (a) "Low level radioactive waste", for purposes of IC 13-22-10, means radioactive material that:

(1) is not:

(A) high level radioactive waste;

(B) spent nuclear fuel; or

(C) byproduct material; and

(2) is classified by the United States Nuclear Regulatory Commission, in accordance with law, as low level radioactive waste.

     (b) "Low-level radioactive waste" or "waste", for purposes of IC 13-29-1, means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in Section 11e.(2) of the Atomic Energy Act of 1954.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-8.6-2(i); subsection (b) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-122"Major modification"

     Sec. 122. "Major modification", for purposes of IC 13-15-4, when applied to a solid waste permit, means any change in a permitted solid waste facility that would:

(1) increase the facility's permitted capacity to process or dispose of solid waste by the lesser of:

(A) more than ten percent (10%); or

(B) five hundred thousand (500,000) cubic yards; or

(2) change the permitted footprint of the landfill by more than one (1) acre.

[Pre-1996 Recodification Citation: 13-7-10.1-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-123"Major permit"

     Sec. 123. "Major permit", for purposes of IC 13-18-20, refers to a NPDES permit:

(1) as classified by the Region V Regional Administrator of the United States Environmental Protection Agency and the commissioner; and

(2) as set forth in the Major Dischargers List developed by the United States Environmental Protection Agency and the department in the "National Pollutant Discharge Elimination System Memorandum of Agreement Between the State of Indiana and EPA Region V" dated July 22, 1977.

[Pre-1996 Recodification Citation: 13-7-16.1-1(e).]

As added by P.L.1-1966, SEC.1.

 

IC 13-11-2-124"Management plan"

     Sec. 124. "Management plan", for purposes of IC 13-29-1, means the plan adopted by the commission for the storage, transportation, treatment, and disposal of waste within the region.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-125"Manifest"

     Sec. 125. "Manifest", for purposes of environmental management laws except IC 13-20-4-7, means the form used for identifying the:

(1) quantity;

(2) composition; and

(3) origin, routing, and destination;

of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-14; 13-7-31-12(e).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-126"Manufacturer"

     Sec. 126. (a) "Manufacturer", for purposes of IC 13-20-16, means a person who is engaged in the business of making lead acid batteries:

(1) in Indiana; or

(2) for sale in Indiana.

     (b) "Manufacturer", for purposes of sections 179.9, 180.1, 195.7, and 245.4 of this chapter and IC 13-20.5, means a person that:

(1) manufactures video display devices to be sold under the person's own brand or a brand the person licenses as identified by the person's own brand label or the brand label the person licenses;

(2) sells video display devices manufactured by others under the person's own brand or a brand the person licenses as identified by the person's own brand label or the brand label the person licenses; or

(3) assumes the responsibilities and obligations of a manufacturer under IC 13-20.5.

[Pre-1996 Recodification Citation: 13-1-15-2.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.6; P.L.225-2001, SEC.3; P.L.178-2009, SEC.13; P.L.37-2012, SEC.6.

 

IC 13-11-2-126.5"Manure"

     Sec. 126.5. "Manure" means the following:

(1) Liquid or solid animal excreta.

(2) Waste liquid generated at a livestock or poultry production area, including the following:

(A) Excess drinking water.

(B) Cleanup water.

(C) Contaminated livestock truck or trailer washwater.

(D) Milking parlor wastewater.

(E) Milk house washwater.

(F) Egg washwater.

(G) Silage leachate.

(3) Any precipitation or surface water that has come into contact with the following:

(A) Liquid or solid animal excreta.

(B) Used bedding.

(C) Litter.

(D) Liquid described in subdivision (4).

(4) Any other materials generated at a livestock or poultry production area commingled with the materials listed in subdivisions (1) through (3).

As added by P.L.189-2011, SEC.7.

 

IC 13-11-2-127"Mass balance calculation"

     Sec. 127. "Mass balance calculation", for purposes of IC 13-27, means a determination of the annual quantities of each toxic material that is:

(1) transported to;

(2) produced at;

(3) used at;

(4) accumulated or stored at;

(5) released from; or

(6) transported from;

a business or manufacturing facility as a waste or pollutant, as a commercial product or byproduct, in a commercial product or byproduct, or as a component of a commercial product or byproduct, based upon an analysis of each process or operation at the business or manufacturing facility.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-12.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.7; P.L.37-2012, SEC.7.

 

IC 13-11-2-128"Material safety data sheet"

     Sec. 128. "Material safety data sheet", for purposes of IC 13-20-17.5 and IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049.

[Pre-1996 Recodification Citation: 13-7-37-6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.4.

 

IC 13-11-2-128.3"Mercury-added novelty"

     Sec. 128.3. "Mercury-added novelty", for purposes of IC 13-20-17.5, means a mercury-added product intended mainly for personal or household enjoyment or adornment, including:

(1) items intended for use as practical jokes;

(2) figurines;

(3) adornments;

(4) toys;

(5) games;

(6) cards;

(7) ornaments;

(8) yard statues and figurines;

(9) candles;

(10) jewelry;

(11) holiday decorations; and

(12) footwear and other items of apparel.

As added by P.L.225-2001, SEC.5.

 

IC 13-11-2-128.5"Mercury-added product"

     Sec. 128.5. (a) "Mercury-added product", for purposes of this chapter and IC 13-20-17.5, means:

(1) a product that contains:

(A) elemental mercury;

(B) metallic mercury in an alloy;

(C) inorganic mercury salt; or

(D) organic mercury;

intentionally added by the manufacturer in order to provide a specific characteristic, appearance, or quality to the product or to perform a specific beneficial function for the product; or

(2) a product with a component that meets the criteria of subdivision (1).

     (b) "Mercury-added product" does not include:

(1) a product in which mercury is a residue from the intentional use of mercury in the manufacturing process, if the mercury residue does not:

(A) provide a specific characteristic, appearance, or quality to the product; or

(B) perform a specific beneficial function for the product; or

(2) a mercury commodity.

As added by P.L.225-2001, SEC.6.

 

IC 13-11-2-128.6"Mercury commodity"

     Sec. 128.6. "Mercury commodity", for purposes of this chapter and IC 13-20-17.5, means a product that consists of only mercury and its container (such as a container of mercury that is opened and from which mercury is put into a mercury-added product) if the mercury is not performing a specific beneficial function for the product.

As added by P.L.225-2001, SEC.7.

 

IC 13-11-2-128.7"Mercury fever thermometer"

     Sec. 128.7. "Mercury fever thermometer", for purposes of IC 13-20-17.5, means a mercury-added product that:

(1) is a thermometer or another medical or scientific instrument; and

(2) is used for measuring body temperature.

As added by P.L.225-2001, SEC.8.

 

IC 13-11-2-128.8"Mercury switch"

     Sec. 128.8. "Mercury switch", for purposes of IC 13-20-17.7, means a convenience light switch that:

(1) is located in the hood or trunk lid of a motor vehicle; and

(2) contains mercury.

As added by P.L.170-2006, SEC.7. Amended by P.L.112-2016, SEC.8.

 

IC 13-11-2-129"MGD"

     Sec. 129. "MGD" refers to millions of gallons per day.

[Pre-1996 Recodification Citation: 13-7-16.1-1(f).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-129.6"Military base"

     Sec. 129.6. "Military base", for purposes of IC 13-15-3-1.3, means a United States or an Indiana government military installation that:

(1) has an area of at least sixty thousand (60,000) acres and is used for the design, construction, maintenance, and testing of electronic devices and ordnance;

(2) has an area of at least nine hundred (900) acres and serves as an urban training center for military units, civilian personnel, and first responders; or

(3) has an area of at least five thousand (5,000) acres and serves as a joint training center for active and reserve components of the armed forces of the United States.

As added by P.L.5-2005, SEC.2. Amended by P.L.180-2006, SEC.6.

 

IC 13-11-2-130"Minor permit"

     Sec. 130. "Minor permit", for purposes of IC 13-18-20, refers to a NPDES permit that is not a major permit.

[Pre-1996 Recodification Citation: 13-7-16.1-1(g).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-130.1"Motor vehicle"

     Sec. 130.1. "Motor vehicle", for purposes of this chapter, means a vehicle that is self-propelled on a highway in Indiana. The term does not include a farm tractor or a motor driven cycle.

As added by P.L.170-2006, SEC.8. Amended by P.L.221-2014, SEC.85; P.L.112-2016, SEC.9.

 

IC 13-11-2-130.2"Motor vehicle manufacturer"

     Sec. 130.2. "Motor vehicle manufacturer", for purposes of this chapter, means a person that is engaged in the business of manufacturing or assembling new motor vehicles for sale to any of the following:

(1) Dealers.

(2) Wholesale dealers.

(3) Distributors.

(4) The general public.

As added by P.L.170-2006, SEC.9. Amended by P.L.112-2016, SEC.10.

 

IC 13-11-2-130.3"Motor vehicle recycler"

     Sec. 130.3. "Motor vehicle recycler", for purposes of IC 13-20-17.7, means any of the following:

(1) An automotive salvage recycler.

(2) An automobile scrapyard.

(3) A hulk crusher.

(4) A scrap metal processor.

(5) A vehicle disposal facility.

As added by P.L.170-2006, SEC.10. Amended by P.L.112-2016, SEC.11.

 

IC 13-11-2-130.5Repealed

As added by P.L.282-2003, SEC.26. Repealed by P.L.5-2015, SEC.37.

 

IC 13-11-2-131"Multimedia"

     Sec. 131. "Multimedia", for purposes of IC 13-27, refers to:

(1) air;

(2) water;

(3) land; and

(4) workplace environmental;

media into which pollutants and wastes are emitted, released, discharged, or disposed.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-13.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.8; P.L.37-2012, SEC.8.

 

IC 13-11-2-132"Municipal permit"

     Sec. 132. "Municipal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to any of the following:

(1) A publicly owned treatment works (as defined in 33 U.S.C. 1292(2)) that is not state owned.

(2) A conservancy district (as defined in IC 14-8-2-72(3)).

(3) A regional water, sewage, and solid waste district.

[Pre-1996 Recodification Citation: 13-7-16.1-1(h).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-133"Municipal waste"

     Sec. 133. (a) "Municipal waste", for purposes of:

(1) IC 13-20-4;

(2) IC 13-20-6;

(3) IC 13-20-21;

(4) IC 13-20-23;

(5) IC 13-20.5-10;

(6) IC 13-22-1 through IC 13-22-8; and

(7) IC 13-22-13 through IC 13-22-14;

means any garbage, refuse, industrial lunchroom or office waste, and other similar material resulting from the operation of residential, municipal, commercial, or institutional establishments and community activities.

     (b) The term does not include the following:

(1) Hazardous waste regulated under:

(A) IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14; or

(B) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on January 1, 1990.

(2) Infectious waste (as defined in IC 16-41-16-4).

(3) Wastes that result from the combustion of coal and that are referred to in IC 13-19-3-3.

(4) Materials that are being transported to a facility for reprocessing or reuse.

     (c) As used in subsection (b)(4), "reprocessing or reuse" does not include either of the following:

(1) Incineration.

(2) Placement in a landfill.

     (d) "Municipal waste", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-3.

[Pre-1996 Recodification Citations: 13-7-8.5-11 part; 13-7-10.5-3; 13-7-16.1-2(c); 13-7-31-2.]

As added by P.L.1-1996, SEC.1. Amended by P.L.133-1998, SEC.5; P.L.138-2000, SEC.2; P.L.218-2001, SEC.1; P.L.178-2009, SEC.14; P.L.126-2014, SEC.2.

 

IC 13-11-2-134Repealed

[Pre-1996 Recodification Citation: 13-7-31-3.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.131-2006, SEC.14.

 

IC 13-11-2-135"Municipality"

     Sec. 135. "Municipality" means a city or town.

[Pre-1996 Recodification Citation: 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-136"National contingency plan"

     Sec. 136. "National contingency plan", for purposes of IC 13-25-4, refers to the plan that:

(1) was established and is revised by the President of the United States; and

(2) includes the national hazardous substance response plan that is required under Section 105 of CERCLA (42 U.S.C. 9605) and published in 40 CFR 300.

[Pre-1996 Recodification Citation: 13-7-8.7-1(d).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-136.5"National mercury switch recovery program"

     Sec. 136.5. "National mercury switch recovery program", for purposes of IC 13-20-17.7, means a national program:

(1) that accomplishes, as determined by the commissioner, the goals of IC 13-20-17.7; and

(2) in which the state participates.

As added by P.L.170-2006, SEC.11. Amended by P.L.112-2016, SEC.12.

 

IC 13-11-2-137"Natural resources"

     Sec. 137. "Natural resources", for purposes of IC 13-25-4, means:

(1) land;

(2) fish;

(3) wildlife;

(4) biota;

(5) air;

(6) water;

(7) ground water;

(8) drinking water supplies; and

(9) other similar resources;

belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by, the state.

[Pre-1996 Recodification Citation: 13-7-8.7-1(e).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-138"Navigable waters"

     Sec. 138. "Navigable waters", for purposes of IC 13-24-2, means waters of the United States (as defined in the federal Clean Water Act (33 U.S.C. 1362(7))).

[Pre-1996 Recodification Citation: 13-7-12-4(d).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-139"Net revenues"

     Sec. 139. "Net revenues", for purposes of IC 13-21, means:

(1) the amount of revenues received by a county or joint solid waste management district from the operation and ownership of facilities; less

(2) the reasonable expenses of the:

(A) operation;

(B) repair; and

(C) maintenance;

of the facilities.

[Pre-1996 Recodification Citation: 13-9.5-1-20.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-140"New tire"

     Sec. 140. (a) "New tire", for purposes of IC 13-20-13 and IC 13-20-14, means a tire that has never been mounted on a wheel of a vehicle.

     (b) For purposes of IC 13-20-13, the term does not include a retreaded tire.

[Pre-1996 Recodification Citations: 13-7-23-10.3(a); 13-7-23.2-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-141"Noncontact cooling water"

     Sec. 141. "Noncontact cooling water", for purposes of IC 13-18-20, means cooling water:

(1) that is discharged to waters of Indiana;

(2) that is used for the sole purpose of removing unwanted heat from a process, generally through a heat exchanger; and

(3) that does not otherwise come into contact with a production process or any raw material or manufactured product.

[Pre-1996 Recodification Citation: 13-7-16.1-1(i).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-142"Nonoperational storage tank"

     Sec. 142. "Nonoperational storage tank", for purposes of IC 13-23, means an underground storage tank:

(1) in which regulated substances are not deposited; or

(2) from which regulated substances are not dispensed;

after November 8, 1984.

[Pre-1996 Recodification Citation: 13-7-20-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-142.3"Nonprofit corporation"

     Sec. 142.3. "Nonprofit corporation", for purposes of this chapter and IC 13-25-4-8, refers to a nonprofit corporation:

(1) that is exempt from income taxation under 26 U.S.C. 501;

(2) for which the primary purpose, as identified in the corporation's articles of incorporation, is to assist and support a political subdivision in a matter of public concern; and

(3) that has no member affiliated with any other person that is potentially liable for response costs at a facility through any of the following:

(A) A direct or an indirect familial relationship.

(B) A contractual, corporate, or financial relationship other than a contractual, corporate, or financial relationship that is created:

(i) by the instruments by which title to the facility is conveyed or financed; or

(ii) by a contract for the sale of goods or services.

(C) The result of a reorganization of a business entity that was potentially liable for response costs at the facility.

As added by P.L.221-2007, SEC.2.

 

IC 13-11-2-142.6"Nonpublic school"

     Sec. 142.6. "Nonpublic school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-12.

As added by P.L.225-2001, SEC.9. Amended by P.L.1-2005, SEC.141.

 

IC 13-11-2-142.7"Nontransient noncommunity water system"

     Sec. 142.7. "Nontransient noncommunity water system", for purposes of IC 13-18-17 and IC 13-18-20.5, means a public water system that is not a community water system that regularly serves the same twenty-five (25) or more persons at least six (6) months per year.

As added by P.L.224-2003, SEC.129. Amended by P.L.61-2007, SEC.2.

 

IC 13-11-2-143"Office"

     Sec. 143. (a) "Office", for purposes of IC 13-22-11, refers to the division of pollution prevention and technical assistance established by IC 13-27-2-1.

     (b) "Office", for purposes of IC 13-28, refers to the office of voluntary compliance.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-27-2; subsection (b) formerly 13-10-1-2.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-144"Oil"

     Sec. 144. (a) "Oil", for purposes of IC 13-24-2, means oil of any kind or in any form.

     (b) The term includes the following:

(1) Petroleum.

(2) Fuel oil.

(3) Sludge.

(4) Oil refuse.

(5) Oil mixed with wastes other than dredged spoil.

     (c) The term does not include petroleum, including crude oil or any fraction of crude oil, that is:

(1) specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of Section 101(14) of; and

(2) subject to;

the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), as in effect January 1, 1995.

[Pre-1996 Recodification Citation: 13-7-12-4(e).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-144.7"Onsite residential sewage discharging disposal system"

     Sec. 144.7. For purposes of IC 13-18-12, "onsite residential sewage discharging disposal system" means a sewage disposal system that:

(1) is located on a site with and serves a one (1) or two (2) family residence; and

(2) discharges effluent offsite.

As added by P.L.172-2002, SEC.2.

 

IC 13-11-2-144.8"Onsite sewage system"

     Sec. 144.8. "Onsite sewage system", for purposes of IC 13-18-17, means all equipment and devices necessary for proper:

(1) onsite:

(A) conduction;

(B) collection;

(C) storage; and

(D) treatment; and

(2) absorption in soil;

of sewage from a residence or a commercial facility.

As added by P.L.24-2004, SEC.5.

 

IC 13-11-2-145"Open burning"

     Sec. 145. "Open burning", for purposes of environmental management laws, means the combustion of any matter in the open or in an open dump.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-15.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-146"Open dump"

     Sec. 146. "Open dump", for purposes of environmental management laws, means the consolidation of solid waste from one (1) or more sources or the disposal of solid waste at a single disposal site that:

(1) does not fulfill the requirements of a sanitary landfill or other land disposal method as prescribed by law or regulations; and

(2) is established and maintained:

(A) without cover; and

(B) without regard to the possibilities of contamination of surface or subsurface water resources.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-16(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-147"Open dumping"

     Sec. 147. "Open dumping", for purposes of environmental management laws, means the act of disposing of solid waste at an open dump.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-16(b).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-147.5"Operational function"

     Sec. 147.5. "Operational function", for purposes of sections 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes a function such as that of:

(1) a facility manager;

(2) a plant manager;

(3) an operations manager;

(4) a chief operating officer; or

(5) a chief executive officer.

As added by P.L.90-1998, SEC.6.

 

IC 13-11-2-148"Operator"

     Sec. 148. (a) "Operator", for purposes of IC 13-18-10, means the person in direct or responsible charge or control of one (1) or more confined feeding operations.

     (b) "Operator", for purposes of IC 13-18-11 and environmental management laws, means the person in direct or responsible charge and supervising the operation of:

(1) a water treatment plant;

(2) a wastewater treatment plant; or

(3) a water distribution system.

     (c) "Operator", for purposes of IC 13-20-6, means a corporation, a limited liability company, a partnership, a business association, a unit, or an individual who is a sole proprietor that is one (1) of the following:

(1) A broker.

(2) A person who manages the activities of a transfer station that receives municipal waste.

(3) A transporter.

     (d) "Operator", for purposes of IC 13-23, except as provided in subsections (e), (g), and (h), means a person:

(1) in control of; or

(2) having responsibility for;

the daily operation of an underground storage tank.

     (e) "Operator", for purposes of IC 13-23-13, does not include the following:

(1) A person who:

(A) does not participate in the management of an underground storage tank;

(B) is otherwise not engaged in the:

(i) production;

(ii) refining; and

(iii) marketing;

of regulated substances; and

(C) holds evidence of ownership, primarily to protect the owner's security interest in the tank.

(2) A person that is a lender that did not participate in management of an underground storage tank before foreclosure, notwithstanding that the person:

(A) forecloses on the vessel or facility; and

(B) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the underground storage tank, maintains business activities, winds up operations, undertakes a response action under Section 107(d)(1) of CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan with respect to the underground storage tank, or takes any other measure to preserve, protect, or prepare the underground storage tank prior to sale or disposition;

if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the underground storage tank at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements.

(3) A person who:

(A) does not own or lease, directly or indirectly, the facility or business at which the underground storage tank is located;

(B) does not participate in the management of the facility or business described in clause (A); and

(C) is engaged only in:

(i) filling;

(ii) gauging; or

(iii) filling and gauging;

the product level in the course of delivering fuel to an underground storage tank.

(4) A political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government that:

(A) acquires ownership or control of an underground storage tank on a brownfield because of:

(i) bankruptcy;

(ii) foreclosure;

(iii) tax delinquency, including an acquisition under IC 6-1.1-24 or IC 6-1.1-25;

(iv) abandonment;

(v) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;

(vi) receivership;

(vii) transfer from another political subdivision or unit of federal or state government;

(viii) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;

(ix) other circumstances in which the political subdivision or unit of federal or state government involuntarily acquired an interest in the property because of the political subdivision's or unit's function as sovereign; or

(x) any other means to conduct remedial actions on a brownfield; and

(B) is engaged only in activities in conjunction with:

(i) investigation or remediation of hazardous substances, petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or

(ii) monitoring or closure of an underground storage tank;

unless existing contamination on the brownfield is exacerbated due to gross negligence or intentional misconduct by the political subdivision or unit of federal or state government.

     (f) For purposes of subsection (e)(4)(B), reckless, willful, or wanton misconduct constitutes gross negligence.

     (g) "Operator" does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a hazardous substance.

     (h) "Operator" does not include a person that meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-5.7-1(e), (g) part; subsection (b) formerly 13-1-6-2(a), (d); 13-7-1-3 part; subsection (c) formerly 13-7-10.5-4 part; subsection (d) formerly 13-7-20-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.7; P.L.212-1999, SEC.3; P.L.221-2007, SEC.3; P.L.78-2009, SEC.4; P.L.159-2011, SEC.4; P.L.6-2012, SEC.100.

 

IC 13-11-2-149"Outfall"

     Sec. 149. "Outfall", for purposes of IC 13-18-4-8, means the point of discharge from a point source.

[Pre-1996 Recodification Citation: 13-1-3-21(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-149.5"Outstanding national resource water"

     Sec. 149.5. "Outstanding national resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means a water designated as such by the general assembly after recommendations by the environmental rules board and the interim study committee on environmental affairs (established by IC 2-5-1.3-4) under IC 13-18-3-2(n) and IC 13-18-3-2(o). The designation must describe the quality of the outstanding national resource water to serve as the benchmark of the water quality that shall be maintained and protected. Waters that may be considered for designation as outstanding national resource waters include water bodies that are recognized as:

(1) important because of protection through official action, such as:

(A) federal or state law;

(B) presidential or secretarial action;

(C) international treaty; or

(D) interstate compact;

(2) having exceptional recreational significance;

(3) having exceptional ecological significance;

(4) having other special environmental, recreational, or ecological attributes; or

(5) waters with respect to which designation as an outstanding national resource water is reasonably necessary for protection of other water bodies designated as outstanding national resource waters.

As added by P.L.140-2000, SEC.11. Amended by P.L.1-2001, SEC.13; P.L.78-2009, SEC.5; P.L.53-2014, SEC.115.

 

IC 13-11-2-149.6"Outstanding state resource water"

     Sec. 149.6. "Outstanding state resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means any water designated as such by the board regardless of when the designation occurred or occurs. Waters that may be considered for designation as outstanding state resource waters include water bodies that have unique or special ecological, recreational, or aesthetic significance.

As added by P.L.140-2000, SEC.12. Amended by P.L.1-2001, SEC.14; P.L.113-2014, SEC.52.

 

IC 13-11-2-149.8"Over the counter drug"

     Sec. 149.8. "Over the counter drug", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-1.

As added by P.L.21-2015, SEC.1.

 

IC 13-11-2-150"Owner"

     Sec. 150. (a) "Owner", for purposes of IC 13-23 (except as provided in subsections (b), (c), (d), (e), (f) and (g)) means:

(1) for an underground storage tank that:

(A) was:

(i) in use on November 8, 1984; or

(ii) brought into use after November 8, 1984;

for the storage, use, or dispensing of regulated substances, a person who owns the underground storage tank or the real property that is the underground storage tank site, or both; or

(B) was:

(i) in use before November 8, 1984; but

(ii) no longer in use on November 8, 1984;

a person who owned the tank immediately before the discontinuation of the tank's use; or

(2) a person who conveyed ownership or control of the underground storage tank to a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government because of:

(A) bankruptcy;

(B) foreclosure;

(C) tax delinquency, including a conveyance under IC 6-1.1-24 or IC 6-1.1-25;

(D) abandonment;

(E) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;

(F) receivership;

(G) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;

(H) other circumstances in which a political subdivision or unit of federal or state government involuntarily acquired ownership or control because of the political subdivision's or unit's function as sovereign; or

(I) any other means to conduct remedial actions on a brownfield;

if the person was a person described in subdivision (1) immediately before the person conveyed ownership or control of the underground storage tank.

     (b) "Owner", for purposes of IC 13-23-13, does not include a person who:

(1) does not participate in the management of an underground storage tank;

(2) is otherwise not engaged in the:

(A) production;

(B) refining; and

(C) marketing;

of regulated substances; and

(3) holds indicia of ownership primarily to protect the owner's security interest in the tank.

     (c) "Owner", for purposes of IC 13-23, does not include a person that is a lender that did not participate in management of an underground storage tank before foreclosure, notwithstanding that the person:

(1) forecloses on the underground storage tank; and

(2) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the underground storage tank, maintains business activities, winds up operations, undertakes a response action under Section 107(d)(1) of CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan with respect to the underground storage tank, or takes any other measure to preserve, protect, or prepare the underground storage tank prior to sale or disposition;

if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the underground storage tank at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements.

     (d) "Owner", for purposes of IC 13-23, does not include a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government that acquired ownership or control of an underground storage tank because of:

(1) bankruptcy;

(2) foreclosure;

(3) tax delinquency, including an acquisition under IC 6-1.1-24 or IC 6-1.1-25;

(4) abandonment;

(5) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;

(6) receivership;

(7) transfer from another political subdivision or unit of federal or state government;

(8) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;

(9) other circumstances in which the political subdivision or unit of federal or state government involuntarily acquired ownership or control because of the political subdivision's or unit's function as sovereign; or

(10) any other means to conduct remedial actions on a brownfield;

unless the political subdivision or unit of federal or state government causes or contributes to the release or threatened release of a regulated substance, in which case the political subdivision or unit of federal or state government is subject to IC 13-23 in the same manner and to the same extent as a nongovernmental entity under IC 13-23.

     (e) "Owner", for purposes of IC 13-23, does not include a nonprofit corporation that acquired ownership or control of an underground storage tank to assist and support a political subdivision's revitalization and reuse of a brownfield for noncommercial purposes, including conservation, preservation, and recreation, unless the nonprofit corporation causes or contributes to the release or threatened release of a regulated substance, in which case the nonprofit corporation is subject to IC 13-23 in the same manner and to the same extent as any other nongovernmental entity under IC 13-23.

     (f) "Owner" does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a hazardous substance.

     (g) "Owner" does not include a person that meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-20-4; subsection (b) formerly 13-7-20-24.]

As added by P.L.1-1996, SEC.1. Amended by P.L.208-2005, SEC.10; P.L.221-2007, SEC.4; P.L.78-2009, SEC.6; P.L.159-2011, SEC.5.

 

IC 13-11-2-151"Owner or operator"

     Sec. 151. (a) "Owner or operator", for purposes of IC 13-24-1, means the following:

(1) For a petroleum facility, a person who owns or operates the facility.

(2) For a petroleum facility where title or control has been conveyed because of:

(A) bankruptcy;

(B) foreclosure;

(C) tax delinquency, including a conveyance under IC 6-1.1-24 or IC 6-1.1-25;

(D) abandonment;

(E) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;

(F) receivership;

(G) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;

(H) other circumstances in which a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government involuntarily acquired title or control because of the political subdivision's or unit's function as sovereign; or

(I) any other means to conduct remedial actions on a brownfield;

to a political subdivision or unit of federal or state government, a person who owned, operated, or otherwise controlled the petroleum facility immediately before title or control was conveyed.

     (b) Subject to subsection (c), the term does not include a political subdivision or unit of federal or state government that acquired ownership or control of the facility through:

(1) bankruptcy;

(2) foreclosure;

(3) tax delinquency, including an acquisition under IC 6-1.1-24 or IC 6-1.1-25;

(4) abandonment;

(5) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;

(6) receivership;

(7) transfer from another political subdivision or unit of federal or state government;

(8) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;

(9) other circumstances in which the political subdivision or unit of federal or state government involuntarily acquired ownership or control because of the political subdivision's or unit's function as sovereign; or

(10) any other means to conduct remedial actions on a brownfield.

     (c) The term includes a political subdivision or unit of federal or state government that causes or contributes to the release or threatened release of a regulated substance, in which case the political subdivision or unit of federal or state government is subject to IC 13-24-1:

(1) in the same manner; and

(2) to the same extent;

as a nongovernmental entity under IC 13-24-1.

     (d) The term does not include a person who:

(1) does not participate in the management of a petroleum facility;

(2) is otherwise not engaged in the:

(A) production;

(B) refining; and

(C) marketing;

of petroleum; and

(3) holds evidence of ownership in a petroleum facility, primarily to protect the owner's security interest in the petroleum facility.

     (e) The term does not include a person that is a lender that did not participate in management of a petroleum facility before foreclosure, notwithstanding that the person:

(1) forecloses on the petroleum facility; and

(2) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the petroleum facility, maintains business activities, winds up operations, undertakes a response action under Section 107(d)(1) of CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan with respect to the petroleum facility, or takes any other measure to preserve, protect, or prepare the petroleum facility prior to sale or disposition;

if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the petroleum facility at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements.

     (f) The term does not include a nonprofit corporation that acquired ownership or control of a facility to assist and support a political subdivision's revitalization and reuse of a brownfield for noncommercial purposes, including conservation, preservation, and recreation, unless the nonprofit corporation causes or contributes to the release or threatened release of a regulated substance, in which case the nonprofit corporation is subject to IC 13-24-1 in the same manner and to the same extent as any other nongovernmental entity under IC 13-24-1.

     (g) The term does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-24-1 of liability for a release of petroleum, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a hazardous substance.

     (h) The term does not include a person that meets, for purposes of the determination under IC 13-24-1 of liability for a release of petroleum, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.

[Pre-1996 Recodification Citation: 13-7-20.1-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.8; P.L.208-2005, SEC.11; P.L.221-2007, SEC.5; P.L.78-2009, SEC.7; P.L.159-2011, SEC.6.

 

IC 13-11-2-151.1"Participant"

     Sec. 151.1. "Participant" means the following:

(1) For purposes of IC 13-18-13:

(A) a political subdivision; or

(B) any person, entity, association, trust, or other manner of participant permitted by law to enter contractual arrangements for a purpose eligible for assistance under the Clean Water Act.

(2) For purposes of the drinking water revolving loan program under IC 13-18-21:

(A) a political subdivision; or

(B) any person, entity, association, trust, or other manner of participant permitted by law to enter contractual arrangements for a purpose eligible for assistance under the Safe Drinking Water Act.

(3) For purposes of the supplemental drinking water and wastewater assistance program under IC 13-18-21-21 through IC 13-18-21-29:

(A) a political subdivision; or

(B) any person, entity, association, trust, or other manner of participant permitted by law to enter contractual arrangements for a purpose eligible for assistance under IC 13-18-21-21 through IC 13-18-21-29.

(4) For purposes of the infrastructure assistance program under IC 13-18-25:

(A) a political subdivision; or

(B) any person, entity, association, trust, or other manner of participant permitted by law to enter into contractual arrangements for assistance under IC 13-18-25.

As added by P.L.132-1999, SEC.6. Amended by P.L.235-2005, SEC.128; P.L.233-2017, SEC.16.

 

IC 13-11-2-151.2"Participate in management" for purposes of IC 13-23-13

     Sec. 151.2. (a) "Participate in management", for purposes of IC 13-23-13, means actually participating in the management or operational affairs of an underground storage tank.

     (b) The term does not include the following:

(1) Merely having the capacity to influence, or the unexercised right to control, underground storage operations.

(2) Performing an act or failing to perform an act before the time at which a security interest is created in an underground storage tank.

(3) Holding a security interest or abandoning a security interest.

(4) Including in the terms of an extension of credit, or in a contract or security agreement relating to the extension, a covenant, a warranty, or another term or condition that relates to environmental compliance.

(5) Monitoring or enforcing the terms and conditions of the extension of credit or security interest.

(6) Monitoring or undertaking at least one (1) inspection of an underground storage tank.

(7) Requiring a response action or other lawful means of addressing the release or threatened release of a hazardous substance in connection with the underground storage tank prior to, during, or on the expiration of the term of the extension of credit.

(8) Providing financial advice or other advice or counseling in an effort to mitigate, prevent, or cure default or decrease in the value of an underground storage tank.

(9) Restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or security interest, exercising forbearance.

(10) Exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement.

(11) Conducting a response action under Section 107(d) of CERCLA (42 U.S.C. 9607(d)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan, unless the person conducting the response action assumes or manifests responsibility:

(A) for the overall management of the underground storage tank, encompassing day to day decision making with respect to environmental compliance; or

(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the underground storage tank other than the function of environmental compliance.

     (c) As used in this section, "extension of credit" includes a lease finance transaction:

(1) in which the lessor does not initially select the leased underground storage tank and does not during the lease term control the daily operations or maintenance of the underground storage tank; or

(2) that conforms with regulations issued by:

(A) the appropriate federal banking agency or the appropriate state bank supervisor (as those terms are defined in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813); or

(B) the National Credit Union Administration Board.

As added by P.L.90-1998, SEC.9.

 

IC 13-11-2-151.3"Participate in management" for purposes of IC 13-24-1

     Sec. 151.3. (a) "Participate in management", for purposes of IC 13-24-1, means actually participating in the management or operational affairs of a petroleum facility.

     (b) The term does not include the following:

(1) Merely having the capacity to influence, or the unexercised right to control, petroleum facility operations.

(2) Performing an act or failing to perform an act before the time at which a security interest is created in a petroleum facility.

(3) Holding a security interest or abandoning a security interest.

(4) Including in the terms of an extension of credit, or in a contract or security agreement relating to the extension, a covenant, a warranty, or another term or condition that relates to environmental compliance.

(5) Monitoring or enforcing the terms and conditions of the extension of credit or security interest.

(6) Monitoring or undertaking at least one (1) inspection of a petroleum facility.

(7) Requiring a response action or other lawful means of addressing the release or threatened release of petroleum in connection with the petroleum facility prior to, during, or on the expiration of the term of the extension of credit.

(8) Providing financial advice or other advice or counseling in an effort to mitigate, prevent, or cure default or decrease in the value of a petroleum facility.

(9) Restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or security interest, exercising forbearance.

(10) Exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement.

(11) Conducting a response action under Section 107(d) of CERCLA (42 U.S.C. 9607(d)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan, unless the person conducting the response action assumes or manifests responsibility:

(A) for the overall management of the petroleum facility, encompassing day to day decision making with respect to environmental compliance; or

(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the petroleum facility other than the function of environmental compliance.

     (c) As used in this section, "extension of credit" includes a lease finance transaction:

(1) in which the lessor does not initially select the leased petroleum facility and does not during the lease term control the daily operations or maintenance of the petroleum facility; or

(2) that conforms with regulations issued by:

(A) the appropriate federal banking agency or the appropriate state bank supervisor (as those terms are defined in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813); or

(B) the National Credit Union Administration Board.

As added by P.L.90-1998, SEC.10.

 

IC 13-11-2-151.4"Participate in management" for purposes of IC 13-25-4

     Sec. 151.4. (a) "Participate in management", for purposes of IC 13-25-4, means actually participating in the management or operational affairs of a vessel or facility.

     (b) The term does not include the following:

(1) Merely having the capacity to influence, or the unexercised right to control, vessel or facility operations.

(2) Performing an act or failing to perform an act before the time at which a security interest is created in a vessel or facility.

(3) Holding a security interest or abandoning a security interest.

(4) Including in the terms of an extension of credit, or in a contract or security agreement relating to the extension, a covenant, a warranty, or another term or condition that relates to environmental compliance.

(5) Monitoring or enforcing the terms and conditions of the extension of credit or security interest.

(6) Monitoring or undertaking at least one (1) inspection of a vessel or facility.

(7) Requiring a response action or other lawful means of addressing the release or threatened release of a hazardous substance in connection with the vessel or facility before, during, or on the expiration of the term of the extension of credit.

(8) Providing financial advice or other advice or counseling in an effort to mitigate, prevent, or cure default or decrease in the value of a vessel or facility.

(9) Restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of the extension of credit or security interest, exercising forbearance.

(10) Exercising other remedies that may be available under applicable law for the breach of a term or condition of the extension of credit or security agreement.

(11) Conducting a response action under Section 107(d) of CERCLA (42 U.S.C. 9607(d)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan, unless the person conducting the response action assumes or manifests responsibility:

(A) for the overall management of the vessel or facility, encompassing day to day decision making with respect to environmental compliance; or

(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the vessel or facility other than the function of environmental compliance.

     (c) As used in this section, "extension of credit" includes a lease finance transaction:

(1) in which the lessor does not initially select the leased vessel or facility and does not during the lease term control the daily operations or maintenance of the vessel or facility; or

(2) that conforms with regulations issued by:

(A) the appropriate federal banking agency or the appropriate state bank supervisor (as those terms are defined in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813); or

(B) the National Credit Union Administration Board.

As added by P.L.90-1998, SEC.11.

 

IC 13-11-2-151.6"Panel"

     Sec. 151.6. "Panel", for purposes of IC 13-13-7.1, refers to the compliance advisory panel established by IC 13-13-7.1-1.

As added by P.L.12-2005, SEC.2. Amended by P.L.53-2014, SEC.116.

 

IC 13-11-2-152Repealed

[Pre-1996 Recodification Citation: 13-7-22.5-4.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.53.

 

IC 13-11-2-153"Party"

     Sec. 153. "Party", for purposes of IC 13-25-4-23, means a person that:

(1) is potentially a responsible person; and

(2) enters into an agreement with the commissioner under IC 13-25-4-23 or IC 13-7-8.7-11 (before its repeal).

[Pre-1996 Recodification Citation: 13-7-8.7-11(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-154"Party state"

     Sec. 154. "Party state", for purposes of IC 13-29-1, means any eligible state which enacts the compact into law.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-154.5"Passenger tire equivalent"

     Sec. 154.5. "Passenger tire equivalent", for purposes of this chapter and IC 13-20-13, has the meaning set forth in IC 13-20-13-1.

As added by P.L.37-2012, SEC.9.

 

IC 13-11-2-155"PCB"

     Sec. 155. (a) "PCB", for purposes of:

(1) IC 13-17-10;

(2) IC 13-20-15; and

(3) IC 13-22;

means the class of organic compounds known as polychlorinated biphenyls or terphenyls.

     (b) The term includes any of several compounds produced by replacing at least two (2) hydrogen atoms on the biphenyl or terphenyl molecule with chlorine.

[Pre-1996 Recodification Citations: 13-7-8.5-11 part; 13-7-8.5-11.3 part; 13-7-8.6-5.3 part; 13-7-16.5-1 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-156"Pending"

     Sec. 156. "Pending", for purposes of IC 13-17-7, means not completed as of January 1, 1994.

[Pre-1996 Recodification Citation: 13-10-4-1(a)(5).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-156.4"Periodic vehicle inspection program"

     Sec. 156.4. "Periodic vehicle inspection program", for purposes of IC 13-17-5, means a program requiring a motor vehicle registered in a county to undergo a periodic test of emission characteristics and be repaired and retested if the motor vehicle fails the emissions test. The term includes entering into and managing contracts for inspection stations.

As added by P.L.5-2015, SEC.38.

 

IC 13-11-2-156.5"Peripheral"

     Sec. 156.5. "Peripheral", for purposes of this chapter, means a keyboard, a printer, or any other device that:

(1) is sold exclusively for external use with a computer; and

(2) provides input or output into or from a computer.

As added by P.L.178-2009, SEC.15.

 

IC 13-11-2-157"Permit"

     Sec. 157. (a) "Permit", for purposes of IC 13-15-4, means:

(1) a permit;

(2) a license;

(3) a registration;

(4) a certificate; or

(5) other type of authorization required before construction or operation;

that may be issued by the commissioner under pollution control laws or environmental management laws.

     (b) As used in IC 13-15-4-11 through IC 13-15-4-17, the term includes:

(1) a permit; or

(2) a determination related to a permit;

that is described in IC 13-15-4-1.

[Pre-1996 Recodification Citation: 13-7-10.1-3(a), (c).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-158"Person"

     Sec. 158. (a) "Person", for purposes of:

(1) IC 13-21;

(2) air pollution control laws;

(3) water pollution control laws; and

(4) environmental management laws, except as provided in subsections (c), (d), and (e);

means an individual, a partnership, a copartnership, a firm, a company, a corporation, an association, a joint stock company, a trust, an estate, a municipal corporation, a city, a school city, a town, a school town, a school district, a school corporation, a county, any consolidated unit of government, a political subdivision, a state agency, a contractor, or any other legal entity.

     (b) "Person", for purposes of:

(1) IC 13-18-10;

(2) IC 13-18-10.5;

(3) IC 13-20-10.5; and

(4) IC 13-20-17;

means an individual, a partnership, a copartnership, a firm, a company, a corporation, an association, a joint stock company, a trust, an estate, a political subdivision, a state agency, or other legal entity, or their legal representative, agent, or assigns.

     (c) "Person", for purposes of:

(1) IC 13-20-13;

(2) IC 13-20-14;

(3) IC 13-20-16; and

(4) IC 13-25-6;

means an individual, a corporation, a limited liability company, a partnership, or an unincorporated association.

     (d) "Person", for purposes of IC 13-20-25, means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a solid waste management district established under IC 13-21.

     (e) "Person", for purposes of IC 13-23, has the meaning set forth in subsection (a). The term includes a consortium, a joint venture, a commercial entity, and the United States government.

     (f) "Person", for purposes of IC 13-20-17.5, means an individual, a corporation, a limited liability company, a partnership, a trust, an estate, or an unincorporated association.

     (g) "Person", for purposes of IC 13-26, means an individual, a firm, a partnership, an association, a limited liability company, or a corporation other than an eligible entity.

     (h) "Person", for purposes of IC 13-29-1, means any individual, corporation, business enterprise, or other legal entity either public or private and any legal successor, representative, agent, or agency of that individual, corporation, business enterprise, or legal entity.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-1-2(b), (h) part; 13-1-1-11 part; 13-1-3-1.5 part; 13-1-3-22(c); 13-7-1-3 part; 13-7-1-17; 13-9.5-1-21; subsection (b) formerly 13-1-5.7-1(f); 13-1-5.7-1(g) part; 13-1-16-2; subsection (c) formerly 13-1-15-3; 13-6-2-7; 13-7-23-2.5; 13-7-23.2-3; subsection (d) formerly 13-7-20-5; subsection (e) formerly 13-7-22.5-5; subsection (f) formerly 13-3-2-1 part; subsection (g) formerly 13-5-9-2 part; subsection (h) formerly 13-7-13-4(a).]

As added by P.L.1-1996, SEC.1. Amended by P.L.123-1997, SEC.9; P.L.225-2001, SEC.10; P.L.137-2007, SEC.6; P.L.189-2011, SEC.8; P.L.114-2012, SEC.34; P.L.126-2014, SEC.3; P.L.113-2014, SEC.54; P.L.5-2015, SEC.39.

 

IC 13-11-2-158.2"Personal care product"

     Sec. 158.2. "Personal care product", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-2.

As added by P.L.21-2015, SEC.2.

 

IC 13-11-2-159"Pesticide"

     Sec. 159. "Pesticide", for purposes of IC 13-25-6, includes a substance or a combination of substances commercially produced for use as:

(1) an insecticide;

(2) a rodenticide; or

(3) a nematodicide.

[Pre-1996 Recodification Citation: 13-6-2-8.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-160"Petroleum"

     Sec. 160. "Petroleum", for purposes of:

(1) IC 13-23;

(2) IC 13-24-1; and

(3) IC 13-25-5;

includes petroleum and crude oil or any part of petroleum or crude oil that is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit (60°F) and fourteen and seven-tenths (14.7) pounds per square inch absolute).

[Pre-1996 Recodification Citations: 13-7-8.9-3; 13-7-20-6; 13-7-20.1-4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.97-2004, SEC.61.

 

IC 13-11-2-161"Petroleum facility"

     Sec. 161. (a) "Petroleum facility", for purposes of IC 13-24-1, means any of the following:

(1) A building.

(2) A structure.

(3) An installation.

(4) A piece of equipment.

(5) A pipe, including a pipe that runs into a sewer or publicly owned treatment facility.

(6) A well.

(7) A pit.

(8) A pond.

(9) A lagoon.

(10) An impoundment.

(11) A ditch.

(12) A landfill.

(13) A storage container.

(14) A motor vehicle.

(15) Rolling stock.

(16) Aircraft.

(17) A site or an area on which petroleum has been:

(A) deposited;

(B) stored;

(C) disposed of;

(D) placed; or

(E) located.

     (b) The term does not include the following:

(1) A consumer product in consumer use.

(2) An underground storage tank.

[Pre-1996 Recodification Citation: 13-7-20.1-5 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-162"Petroleum marketer"

     Sec. 162. "Petroleum marketer", for purposes of IC 13-23-4-3, means a person that is engaged in the business of selling petroleum products at retail.

[Pre-1996 Recodification Citation: 13-7-20-14.5(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-163"Petroleum trust fund"

     Sec. 163. "Petroleum trust fund", for purposes of IC 13-23, refers to the underground petroleum storage tank trust fund established by IC 13-23-6-1.

[Pre-1996 Recodification Citation: 13-7-20-6.5.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-163.5"Plastic"

     Sec. 163.5. "Plastic", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-3.

As added by P.L.21-2015, SEC.3.

 

IC 13-11-2-164"Political subdivision"

     Sec. 164. (a) "Political subdivision", for purposes of IC 13-18-13, means:

(1) a political subdivision (as defined in IC 36-1-2);

(2) a regional water, sewage, or solid waste district organized under:

(A) IC 13-26; or

(B) IC 13-3-2 (before its repeal July 1, 1996); or

(3) a local public improvement bond bank organized under IC 5-1.4.

     (b) "Political subdivision", for purposes of IC 13-18-21 and IC 13-18-25, means:

(1) a political subdivision (as defined in IC 36-1-2);

(2) a regional water, sewage, or solid waste district organized under:

(A) IC 13-26; or

(B) IC 13-3-2 (before its repeal July 1, 1996);

(3) a local public improvement bond bank organized under IC 5-1.4;

(4) a qualified entity described in IC 5-1.5-1-8(4) that is a public water utility described in IC 8-1-2-125; or

(5) a conservancy district established for the purpose set forth in IC 14-33-1-1(a)(4).

     (c) "Political subdivision", for purposes of IC 13-19-5, has the meaning set forth in IC 36-1-2-13 and includes a redevelopment district under IC 36-7-14 or IC 36-7-15.1.

[Pre-1996 Recodification Citation: 4-23-21-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.10; P.L.126-1997, SEC.3; P.L.253-1997(ss), SEC.14; P.L.233-2017, SEC.17.

 

IC 13-11-2-165"Pollution control laws"

     Sec. 165. "Pollution control laws" refers to the following:

(1) IC 13-12-4 and IC 13-12-5.

(2) IC 13-17, except for the following:

(A) IC 13-17-3-15.

(B) IC 13-17-7.

(C) IC 13-17-8-10.

(D) IC 13-17-10.

(E) IC 13-17-11.

(F) IC 13-17-13.

(3) IC 13-18, except for the following:

(A) IC 13-18-12 and IC 13-18-13.

(B) IC 13-18-15 through IC 13-18-20.

(4) IC 13-19-3.

(5) IC 13-20-16 and IC 13-20-17.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.1. Amended by P.L.133-2012, SEC.70.

 

IC 13-11-2-166"Pollution prevention"

     Sec. 166. “Pollution prevention", for purposes of this title, means pollution prevention as defined by the United States Environmental Protection Agency under:

(1) the federal Pollution Prevention Act (42 U.S.C. 13101 et seq.); and

(2) the United States Environmental Protection Agency pollution prevention policy statement (June 15, 1993), as amended.

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-14.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.9; P.L.2-1998, SEC.47.

 

IC 13-11-2-166.5Repealed

As added by P.L.282-2003, SEC.27. Repealed by P.L.52-2004, SEC.12.

 

IC 13-11-2-167"Portable sanitary unit"

     Sec. 167. "Portable sanitary unit", for purposes of this chapter, includes the following:

(1) Portable toilets.

(2) Mobile restrooms.

(3) Similar devices or equipment of a portable nature containing sanitary facilities for temporary or short term use.

[Pre-1996 Recodification Citation: 13-7-8.8-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.159-2011, SEC.7.

 

IC 13-11-2-168"Potential emissions"

     Sec. 168. "Potential emissions", for purposes of IC 13-17-7, means emissions calculated:

(1) before:

(A) the installation of air pollution control equipment; and

(B) the application of any applicable state or federal:

(i) rule;

(ii) regulation; or

(iii) statute;

that establishes emission limitations or standards; and

(2) after consideration of any physical or operational limitation on the capacity of a facility or source.

[Pre-1996 Recodification Citation: 13-10-4-1(a)(6).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-169"Ppm"

     Sec. 169. "Ppm" means parts per million.

[Pre-1996 Recodification Citation: 13-7-16.5-1 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-170"Prior environmental law"

     Sec. 170. "Prior environmental law", for purposes of IC 13-12-1, refers to the statutes that are repealed or amended in the recodification act of the 1996 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 1996 regular session of the general assembly.

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-171"Processing"

     Sec. 171. "Processing", for purposes of IC 13-21, means an operation for the purpose of modifying the characteristics or properties of solid waste to facilitate any of the following:

(1) The transportation of solid waste.

(2) The disposal of solid waste.

(3) The recovery of solid waste for reuse or sale.

[Pre-1996 Recodification Citation: 13-9.5-1-22.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-172"Program"

     Sec. 172. (a) "Program", for purposes of IC 13-18-13, refers to the wastewater revolving loan program established by IC 13-18-13-1.

     (b) "Program", for purposes of IC 13-18-21, refers to the drinking water revolving loan program established by IC 13-18-21-1. The term does not include the supplemental program.

     (c) "Program", for purposes of IC 13-18-25, refers to the infrastructure assistance program established by IC 13-18-25-1.

     (d) "Program", for purposes of IC 13-19-5, refers to the environmental remediation revolving loan program established by IC 13-19-5-1.

     (e) "Program", for purposes of IC 13-23, refers to an underground storage tank release:

(1) detection;

(2) prevention; and

(3) correction;

program created in accordance with the requirements of IC 13-23 or IC 13-7-20 (before its repeal).

[Pre-1996 Recodification Citations: subsection (a) formerly 4-23-21-4; subsection (b) formerly 13-7-20-7.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.11; P.L.126-1997, SEC.4; P.L.253-1997(ss), SEC.15; P.L.132-1999, SEC.7; P.L.233-2017, SEC.18.

 

IC 13-11-2-172.1"Program year"

     Sec. 172.1. "Program year", for purposes of IC 13-20.5, has the meaning set forth in IC 13-20.5-1-0.5.

As added by P.L.178-2009, SEC.16. Amended by P.L.37-2012, SEC.10; P.L.200-2017, SEC.2.

 

IC 13-11-2-173"Project"

     Sec. 173. "Project", for purposes of IC 13-20-20, refers to a household hazardous waste collection and disposal project.

[Pre-1996 Recodification Citation: 13-7-33-4.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-174Repealed

[Pre-1996 Recodification Citation: 13-7-22.5-6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.127-1997, SEC.1. Repealed by P.L.113-2014, SEC.55.

 

IC 13-11-2-175"Property owner"

     Sec. 175. "Property owner", for purposes of IC 13-14-5 and IC 13-30-7, means:

(1) the person who owns the property or operates a regulated activity on the property; or

(2) an agent of the person who owns the property or operates a regulated activity on the property.

[Pre-1996 Recodification Citation: 13-7-5-3.3(b).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-176"Public notice"

     Sec. 176. "Public notice", for purposes of IC 13-21, means the following:

(1) For a county or a county solid waste management district, a notice published by the district board of directors in accordance with IC 5-3-1, following procedures applicable to a county.

(2) For a joint solid waste management district, a notice published by the board of directors in each county in the district in accordance with IC 5-3-1, following procedures applicable to a county.

[Pre-1996 Recodification Citation: 13-9.5-1-23.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-176.5"Public school"

     Sec. 176.5. (a) "Public school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-15.

     (b) "Public school", for purposes of section 47.7 of this chapter means:

(1) a public school (as defined in IC 20-18-2-15); and

(2) a charter school (as defined in IC 20-24-1-4).

As added by P.L.225-2001, SEC.11. Amended by P.L.1-2005, SEC.142; P.L.178-2009, SEC.17.

 

IC 13-11-2-177Repealed

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-18.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.184-2002, SEC.29.

 

IC 13-11-2-177.3"Public water system"

     Sec. 177.3. "Public water system", for purposes of this chapter, IC 13-18-11, IC 13-18-16, IC 13-18-20.5, IC 13-18-21, IC 13-18-25, and other environmental management laws, has the meaning set forth in 42 U.S.C. 300f.

As added by P.L.126-1997, SEC.5. Amended by P.L.132-1999, SEC.8; P.L.220-1999, SEC.1; P.L.14-2000, SEC.35; P.L.184-2002, SEC.3; P.L.224-2003, SEC.130; P.L.112-2015, SEC.8; P.L.72-2017, SEC.8; P.L.233-2017, SEC.19.

 

IC 13-11-2-177.5"Publicly owned treatment works"

     Sec. 177.5. "Publicly owned treatment works", for purposes of IC 13-18-3, has the meaning set forth in 327 IAC 5-1.5-48.

As added by P.L.112-2000, SEC.1.

 

IC 13-11-2-178"Railroad car"

     Sec. 178. "Railroad car", for purposes of section 134 of this chapter, means a vehicle that can be used for the transportation of municipal waste on a railroad.

[Pre-1996 Recodification Citation: 13-7-31-7.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-179"Recovery"

     Sec. 179. "Recovery", for purposes of environmental management laws, means obtaining materials or energy for commercial or industrial use from solid waste or hazardous waste.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-19.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-179.5"Recyclable material"

     Sec. 179.5. "Recyclable material", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-4.

As added by P.L.126-2014, SEC.4.

 

IC 13-11-2-179.6"Recyclable materials broker"

     Sec. 179.6. "Recyclable materials broker", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-5.

As added by P.L.126-2014, SEC.5.

 

IC 13-11-2-179.7"Recycle"

     Sec. 179.7. "Recycle", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-6.

As added by P.L.126-2014, SEC.6.

 

IC 13-11-2-179.9"Recycler"

     Sec. 179.9. (a) "Recycler", for purposes of sections 31.1 and 31.2 of this chapter and IC 13-20.5, means an individual or public or private entity that accepts covered electronic devices from covered entities and collectors for the purpose of recycling. The term does not include a manufacturer that accepts products for refurbishment or repair.

     (b) "Recycler", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-7.

As added by P.L.178-2009, SEC.18. Amended by P.L.126-2014, SEC.7.

 

IC 13-11-2-180"Recycling"

     Sec. 180. (a) "Recycling", for purposes of IC 13-20-17.5 and IC 13-21, means a process by which materials that would otherwise become solid waste are:

(1) collected;

(2) separated or processed; and

(3) converted into materials or products for reuse or sale.

     (b) "Recycling", for purposes of section 179.9 of this chapter and IC 13-20.5, means the process of collecting and preparing video display devices or covered electronic devices for use in manufacturing processes or for recovery of useable materials followed by delivery of the materials for use. The term does not include the following:

(1) Destruction of recyclable materials by incineration or another process.

(2) Land disposal of recyclable materials.

(3) Reuse, repair, or any other process through which video display devices or covered electronic devices are returned to use for covered entities in their original form.

[Pre-1996 Recodification Citation: 13-9.5-1-24.]

As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.12; P.L.178-2009, SEC.19.

 

IC 13-11-2-180.1"Recycling credits"

     Sec. 180.1. "Recycling credits", for purposes of IC 13-20.5, means the product of:

(1) the remainder for a manufacturer's program year of:

(A) the amount of covered electronic devices the manufacturer recycled, or for which the manufacturer arranged for recycling; minus

(B) the amount the manufacturer is required to recycle or arrange for recycling determined under IC 13-20.5-4-1; multiplied by

(2) twenty-five percent (25%).

As added by P.L.178-2009, SEC.20.

 

IC 13-11-2-181"Region"

     Sec. 181. "Region", for purposes of IC 13-29-1, means the area of the party states.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-182"Regional facility"

     Sec. 182. "Regional facility", for purposes of IC 13-29-1, means a facility which is located within the region and which is established by a party state pursuant to designation of that state as a host state by the Commission.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-183"Regulated substance"

     Sec. 183. "Regulated substance", for purposes of this chapter and IC 13-23, includes the following:

(1) Any substance defined in section 98 of this chapter as a hazardous substance, but excluding any substance regulated as a hazardous waste under:

(A) Subtitle C of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6921 through 6939(a)); or

(B) IC 13-22-2-3.

(2) Petroleum.

(3) Any other substance designated by rules adopted by the board under IC 13-23-1-2.

[Pre-1996 Recodification Citation: 13-7-20-8.]

As added by P.L.1-1996, SEC.1. Amended by P.L.221-2007, SEC.6; P.L.113-2014, SEC.56.

 

IC 13-11-2-184"Release"

     Sec. 184. (a) "Release", for purposes of IC 13-23, means any:

(1) spilling;

(2) leaking;

(3) emitting;

(4) discharging;

(5) escaping;

(6) leaching; or

(7) disposing;

from an underground storage tank into ground water, surface water, subsurface soils, or surface soils.

     (b) "Release", for purposes of IC 13-24-1, means:

(1) a spill;

(2) a leak;

(3) an emission;

(4) a discharge;

(5) an escape;

(6) a leaching; or

(7) a disposing;

of petroleum into ground water, surface water, subsurface soils, or surface soils. The term does not include the release of petroleum into land used by a scrap metal processor (as defined in IC 9-13-2-162) or farmer, unless the commissioner determines that the release of the petroleum is adverse to human health.

     (c) "Release", for purposes of IC 13-25-2, means any:

(1) spilling;

(2) leaking;

(3) pumping;

(4) pouring;

(5) emitting;

(6) emptying;

(7) discharging;

(8) injecting;

(9) escaping;

(10) leaching;

(11) dumping; or

(12) disposing;

into the environment of any hazardous chemical, extremely hazardous substance, or toxic chemical. The term includes the abandonment or discarding of barrels, containers, and other closed receptacles.

     (d) "Release", for purposes of IC 13-25-4, means any:

(1) spilling;

(2) leaking;

(3) pumping;

(4) pouring;

(5) emitting;

(6) emptying;

(7) discharging;

(8) injecting;

(9) escaping;

(10) leaching;

(11) dumping; or

(12) disposing;

into the environment. The term includes the abandonment or discarding of barrels, containers, or other closed receptacles containing any hazardous substance.

     (e) "Release", for purposes of IC 13-25-5, means any:

(1) spilling;

(2) leaking;

(3) pumping;

(4) pouring;

(5) emitting;

(6) emptying;

(7) discharging;

(8) injecting;

(9) escaping;

(10) leaching;

(11) dumping; or

(12) disposing;

into the environment. The term includes the abandonment or discarding of barrels, containers, or other closed receptacles containing any hazardous substance or petroleum.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-20-9; subsection (b) formerly 13-7-20.1-7; subsection (c) formerly 13-7-37-7; subsection (d) formerly 13-7-8.7-1(f); subsection (e) formerly 13-7-8.9-4.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-185"Remedial action"

     Sec. 185. (a) "Remedial action", for purposes of IC 13-24 and IC 13-25-4, means actions consistent with a permanent remedy that are taken instead of or in addition to removal actions if a release or threatened release of a hazardous substance or petroleum into the environment occurs, to prevent or minimize the release of hazardous substances or petroleum so that the hazardous substances or petroleum does not migrate to cause substantial danger to present or future public health or welfare or the environment.

     (b) The term includes actions necessary to:

(1) monitor;

(2) assess; or

(3) evaluate;

the continuing effectiveness of other response actions.

[Pre-1996 Recodification Citation: 13-7-8.7-1(g).]

As added by P.L.1-1996, SEC.1. Amended by P.L.49-2015, SEC.1.

 

IC 13-11-2-186"Remediation"

     Sec. 186. "Remediation", for purposes of IC 13-19-5 and IC 13-25-5, means any of the following:

(1) Actions necessary to:

(A) prevent;

(B) minimize; or

(C) mitigate;

damages to the public health or welfare or to the environment that may otherwise result from a release or threat of a release.

(2) Actions consistent with a permanent remedy taken instead of or in addition to removal actions if a release or threatened release of a hazardous substance or petroleum into the environment occurs to eliminate the release of hazardous substances or petroleum so that the hazardous substances or petroleum do not migrate to cause substantial danger to present or future public health or welfare or the environment.

(3) The cleanup or removal of released hazardous substances or petroleum from the environment.

[Pre-1996 Recodification Citation: 13-7-8.9-5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.12.

 

IC 13-11-2-187"Removal"

     Sec. 187. "Removal", for purposes of IC 13-24 and IC 13-25-4, means any of the following:

(1) The cleanup or removal of released hazardous substances or petroleum from the environment.

(2) Actions necessary to be taken if the threat of release of hazardous substances or petroleum into the environment occurs.

(3) Actions necessary to monitor, assess, and evaluate:

(A) the release or threat of release of hazardous substances or petroleum; or

(B) the continuing effectiveness of other response actions.

(4) The disposal of removed material.

(5) Actions necessary to prevent, minimize, or mitigate damage to:

(A) the public health or welfare; or

(B) the environment;

that may otherwise result from a release or threat of release.

(6) The extension of a municipal water or sewer service to a residence or an industry to:

(A) prevent;

(B) minimize; or

(C) mitigate;

damage to public health that may result from a release or threat of release.

[Pre-1996 Recodification Citation: 13-7-8.7-1(h).]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.6; P.L.49-2015, SEC.2.

 

IC 13-11-2-188"Removal costs"

     Sec. 188. "Removal costs", for purposes of IC 13-24-2, includes all of the following:

(1) Costs to:

(A) prevent;

(B) minimize; or

(C) mitigate;

oil pollution from an oil discharge.

(2) Other costs necessary to:

(A) minimize; or

(B) mitigate;

damage to public health or welfare related to an oil discharge.

[Pre-1996 Recodification Citation: 13-7-12-4(f).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-189"Response"

     Sec. 189. (a) "Response", for purposes of IC 13-24 and IC 13-25-4, means removal and remedial action.

     (b) The term includes enforcement activities related to removal and remedial action.

[Pre-1996 Recodification Citation: 13-7-8.7-1(i).]

As added by P.L.1-1996, SEC.1. Amended by P.L.49-2015, SEC.3.

 

IC 13-11-2-190"Response assistance"

     Sec. 190. "Response assistance", for purposes of IC 13-24-2, means services, care, assistance, or advice provided:

(1) consistent with the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321(d)); or

(2) at the direction of the commissioner or the federal on-scene coordinator;

in response to a discharge or a threatened discharge of oil into or on the navigable waters of Indiana.

[Pre-1996 Recodification Citation: 13-7-12-4(h).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-191"Responsible party"

     Sec. 191. (a) "Responsible party", for purposes of IC 13-18-10, means any of the following:

(1) An applicant.

(2) An officer, a corporation director, or a senior management official of any of the following that is an applicant:

(A) A corporation.

(B) A partnership.

(C) A limited liability company.

(D) A business association.

     (b) "Responsible party", for purposes of IC 13-19-4, means:

(1) an officer, a corporation director, or a senior management official of a corporation, partnership, limited liability company, or business association that is an applicant; or

(2) an individual, a corporation, a limited liability company, a partnership, or a business association that owns, directly or indirectly, at least a twenty percent (20%) interest in the applicant.

     (c) "Responsible party", for purposes of IC 13-20-6, means:

(1) an officer, a corporation director, or a senior management official of a corporation, partnership, limited liability company, or business association that is an operator; or

(2) an individual, a corporation, a limited liability company, a partnership, or a business association that owns, directly or indirectly, at least a twenty percent (20%) interest in the operator.

     (d) "Responsible party", for purposes of IC 13-24-2, has the meaning set forth in Section 1001 of the federal Oil Pollution Act of 1990 (33 U.S.C. 2701).

     (e) "Responsible party", for purposes of IC 13-25-6, means a person:

(1) who:

(A) owns hazardous material that is involved in a hazardous materials emergency; or

(B) owns a container or owns or operates a vehicle that contains hazardous material that is involved in a hazardous materials emergency; and

(2) who:

(A) causes; or

(B) substantially contributes to the cause of;

the hazardous materials emergency.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-10.2-2; subsection (b) formerly 13-7-10.5-5; subsection (c) formerly 13-7-12-4(g); subsection (d) formerly 13-6-2-9.]

As added by P.L.1-1996, SEC.1. Amended by P.L.127-2009, SEC.4.

 

IC 13-11-2-192"Responsible person"

     Sec. 192. (a) "Responsible person", for purposes of IC 13-24-1, means a person who has caused a release at a petroleum facility.

     (b) "Responsible person", for purposes of IC 13-25-4, means a person that is:

(1) liable to:

(A) the United States government;

(B) the state; or

(C) any other person;

under Section 107 of CERCLA (42 U.S.C. 9607); or

(2) liable to the state under IC 13-25-4-8.

     (c) "Responsible person", for purposes of IC 13-18-16-7.5, has the meaning set forth in IC 13-18-16-7.5(a).

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-20.1-6; subsection (b) formerly 13-7-8.7-1(j).]

As added by P.L.1-1996, SEC.1. Amended by P.L.112-2015, SEC.9.

 

IC 13-11-2-193"Restricted waste"

     Sec. 193. "Restricted waste", for purposes of IC 13-20-21, means waste disposed of at a restricted waste site (as defined in 329 IAC 10-2.5-1(b)(57)).

[Pre-1996 Recodification Citation: 13-7-16.1-2(d).]

As added by P.L.1-1996, SEC.1. Amended by P.L.218-2001, SEC.2.

 

IC 13-11-2-193.5"Restrictive covenant"

     Sec. 193.5. "Restrictive covenant" means, with respect to land, any deed restriction, restrictive covenant, environmental covenant, environmental notice, or other restriction or obligation that:

(1) is executed before July 1, 2009, and:

(A) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment;

(B) by its terms is intended to run with the land and be binding on successors;

(C) is recorded with the county recorder's office in the county in which the land is located; and

(D) explains how it can be modified or terminated; or

(2) is executed after June 30, 2009, and:

(A) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment;

(B) by its terms is intended to run with the land and be binding on successors;

(C) is recorded with the county recorder's office in the county in which the land is located;

(D) explains how it can be modified or terminated;

(E) grants the department access to the land;

(F) requires notice to a transferee of:

(i) the land; or

(ii) an interest in the land;

of the existence of the restrictive covenant; and

(G) identifies the means by which the environmental files at the department that apply to the land can be located.

As added by P.L.61-2001, SEC.2. Amended by P.L.18-2008, SEC.1; P.L.78-2009, SEC.8.

 

IC 13-11-2-194"Retailer"

     Sec. 194. (a) "Retailer", for purposes of IC 13-20-14, means a person engaged in the business of selling new tires at retail in Indiana.

     (b) "Retailer", for purposes of IC 13-20-16, means a person engaged in the business of selling lead acid batteries at retail in Indiana.

     (c) "Retailer", for purposes of section 195.7 of this chapter and IC 13-20.5, means a person that sells, rents, or leases, through sales outlets, catalogs, or the Internet, a video display device to a covered entity and not for resale in any form.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-23.2-4; subsection (b) formerly 13-1-15-4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.178-2009, SEC.21.

 

IC 13-11-2-195"Revenues"

     Sec. 195. (a) "Revenues", for purposes of IC 13-21, means the amounts received by a county or joint solid waste management district from the operation or ownership of facilities.

     (b) The term does not include amounts derived from the levy of taxes or from fees under IC 13-21-13.

[Pre-1996 Recodification Citation: 13-9.5-1-25.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-195.5"Safe Drinking Water Act"

     Sec. 195.5. "Safe Drinking Water Act", for purposes of this chapter, IC 13-18-21, and IC 13-18-25, refers to:

(1) 42 U.S.C. 300f et seq.; and

(2) regulations adopted under 42 U.S.C. 300f et seq.

As added by P.L.235-2005, SEC.129. Amended by P.L.233-2017, SEC.20.

 

IC 13-11-2-195.7"Sale" or "sell"

     Sec. 195.7. (a) "Sale" or "sell", for purposes of sections 126(b) and 194(c) of this chapter and IC 13-20.5, means a transfer for consideration of title or of the right to use by a:

(1) lease or sales contract, including transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means either inside or outside Indiana; and

(2) person that conducts the transaction and controls the delivery of a video display device to a consumer in Indiana.

     (b) The term does not include a manufacturer's or distributor's wholesale transaction with a distributor or retailer.

As added by P.L.178-2009, SEC.22. Amended by P.L.37-2012, SEC.11.

 

IC 13-11-2-196"SARA"

     Sec. 196. "SARA", for purposes of IC 13-25-1 and IC 13-25-2, refers to Title III of the federal Superfund Amendments and Reauthorization Act of 1986 (P.L.99-499).

[Pre-1996 Recodification Citation: 13-7-36-1.6.]

As added by P.L.1-1996, SEC.1. Amended by P.L.85-2015, SEC.9.

 

IC 13-11-2-196.2"Satellite manure storage facility"

     Sec. 196.2. (a) "Satellite manure storage structure", for purposes of IC 13-18-10.5, means any of the items listed in subsection (b) that:

(1) are not located at a livestock or poultry production area; and

(2) are designed for use in whole or in part for the storage of:

(A) at least one million (1,000,000) gallons of manure; or

(B) at least five thousand (5,000) cubic yards of manure.

     (b) The items referred to in subsection (a) are as follows:

(1) A building.

(2) A lagoon.

(3) A pad.

(4) A pit.

(5) A pond.

(6) A tank.

As added by P.L.189-2011, SEC.9.

 

IC 13-11-2-196.5"Scrap metal processor"

     Sec. 196.5. (a) "Scrap metal processor", for purposes of this chapter, means a private, commercial, or governmental enterprise:

(1) that has facilities for processing iron, steel, or nonferrous scrap; and

(2) whose principal product is scrap iron, scrap steel, or nonferrous scrap for sale for remelting purposes.

     (b) The term does not include a steel mill.

As added by P.L.170-2006, SEC.12. Amended by P.L.112-2016, SEC.13.

 

IC 13-11-2-197"Secondary containment structure"

     Sec. 197. "Secondary containment structure", for purposes of IC 13-18-5, means a structure or a part of a structure that prevents or impedes a hazardous material that is released accidentally from entering surface water or groundwater.

[Pre-1996 Recodification Citation: 13-1-3-19(c).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-197.5"Secondary material"

     Sec. 197.5. "Secondary material", for purposes of IC 13-22-11.5, means a solid, liquid, or contained gaseous form of a byproduct, spent material, sludge, discarded commercial chemical product, or scrap metal that may be incorporated into a manufacturing or an industrial process, except reclamation, to make a product.

As added by P.L.45-1997, SEC.4. Amended by P.L.128-1997, SEC.1.

 

IC 13-11-2-197.7"Security interest"

     Sec. 197.7. "Security interest", for purposes of sections 119, 148, 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes:

(1) a right under a:

(A) mortgage;

(B) deed of trust;

(C) assignment;

(D) judgment lien;

(E) pledge;

(F) security agreement;

(G) factoring agreement; or

(H) lease; and

(2) any other right accruing to a person to secure:

(A) the repayment of money;

(B) the performance of a duty; or

(C) any other obligation;

by a nonaffiliated person.

As added by P.L.90-1998, SEC.12.

 

IC 13-11-2-198"Self-insurance"

     Sec. 198. "Self insurance", for purposes of IC 13-22-9, means the practice of meeting expenses when those expenses are incurred with financial resources that:

(1) were previously set aside for the purpose of meeting those expenses; or

(2) are not committed to another purpose;

rather than through a trust fund, a surety bond, a letter of credit, or an insurance policy.

[Pre-1996 Recodification Citation: 13-7-32-1.5.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-199"Semipublic permit"

     Sec. 199. "Semipublic permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a privately owned treatment works (as defined in 33 U.S.C. 1292(2)).

[Pre-1996 Recodification Citation: 13-7-16.1-1(j).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-199.2"Septage"

     Sec. 199.2. "Septage", for purposes of this chapter and IC 13-18-12, means the following:

(1) The following from sewage disposal systems:

(A) Human excreta.

(B) Water.

(C) Scum.

(D) Sludge.

(E) Sewage.

(F) Incidental or accidental seepage.

(2) Retained contents of sewage holding tanks and portable sanitary units.

(3) Grease, fats, and retained wastes from grease traps or interceptors.

(4) Human wastes carried in liquid from ordinary living processes.

As added by P.L.159-2011, SEC.8.

 

IC 13-11-2-199.3"Septage management"

     Sec. 199.3. "Septage management", for purposes of IC 13-18-12, includes the following:

(1) The cleaning of sewage disposal systems.

(2) The transportation, storage, treatment, or disposal of septage.

As added by P.L.159-2011, SEC.9.

 

IC 13-11-2-199.5"Septic tank soil absorption system"

     Sec. 199.5. "Septic tank soil absorption system", for purposes of this chapter, IC 13-18-12, and IC 13-26-5-2.5, means pipes laid in a system of trenches or elevated beds, into which the effluent from the septic tank is discharged for soil absorption, or similar structures.

As added by P.L.193-2001, SEC.1. Amended by P.L.172-2002, SEC.3; P.L.292-2013, SEC.2.

 

IC 13-11-2-200"Sewage"

     Sec. 200. "Sewage", for purposes of environmental management laws, means all refuse, human excreta, garbage, waste or waste products, or any combination of these substances that:

(1) is potentially capable of contaminating the environment; and

(2) may be collected and carried off in a pipe, ditch, or channel.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-20.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-201"Sewage disposal system"

     Sec. 201. (a) "Sewage disposal system", for purposes of this chapter, IC 13-18-12 (except as provided in subsection (b)), and IC 13-20-17.5, means septic tanks, septic tank soil absorption systems, septage holding tanks, seepage pits, cesspools, privies, composting toilets, interceptors or grease traps, portable sanitary units, and other equipment, facilities, or devices used to:

(1) store;

(2) treat;

(3) make inoffensive; or

(4) dispose of;

human excrement or liquid carrying wastes of a domestic nature.

     (b) "Sewage disposal system", for purposes of IC 13-18-12-2.2, has the meaning set forth in IC 13-18-12-2.2(a)(2).

[Pre-1996 Recodification Citation: 13-7-8.8-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.159-2011, SEC.10; P.L.292-2013, SEC.3; P.L.107-2016, SEC.3.

 

IC 13-11-2-202"Sewage works"

     Sec. 202. "Sewage works", for purposes of environmental management laws, means, individually or collectively, those constructions or devices used for any of the following:

(1) Collecting, pumping, treating, and disposing of sewage.

(2) The recovery of byproducts from sewage.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-21.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-202.8"Single stream recyclable materials"

     Sec. 202.8. "Single stream recyclable materials", for purposes of IC 13-20-25, has the meaning set forth in IC 13-20-25-8.

As added by P.L.126-2014, SEC.8.

 

IC 13-11-2-203"Site"

     Sec. 203. (a) "Site", for purposes of IC 13-25-5, means a parcel of real property for which an application has been submitted under IC 13-25-5-2.

     (b) "Site", for purposes of IC 13-29-1, means the geographic location of a facility.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-8.9-6; subsection (b) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-203.5"Small business"

     Sec. 203.5. (a) Except as provided in subsection (b), "small business", for purposes of section 47.7 of this chapter, means a business that satisfies all the following:

(1) The business is independently owned and operated.

(2) The principal office of the business is located in Indiana.

(3) The business satisfies either of the following:

(A) The business has not more than:

(i) one hundred (100) employees; and

(ii) average annual gross receipts of ten million dollars ($10,000,000).

(B) If the business is a manufacturing business, the business does not have more than one hundred (100) employees.

     (b) "Small business" does not include a business subject to electronic waste regulation under 329 IAC 16.

As added by P.L.178-2009, SEC.23. Amended by P.L.1-2010, SEC.60.

 

IC 13-11-2-204"Small business petroleum marketer"

     Sec. 204. "Small business petroleum marketer", for purposes of IC 13-23-4-3, means a petroleum marketer that owns or operates not more than twelve (12) underground storage tanks.

[Pre-1996 Recodification Citation: 13-7-20-14.5(b).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-204.2"Small business stationary source"

     Sec. 204.2. "Small business stationary source", for the purposes of IC 13-13-7.1, has the meaning set forth in 42 U.S.C. 7661f.

As added by P.L.53-2014, SEC.117.

 

IC 13-11-2-205"Solid waste"

     Sec. 205. (a) "Solid waste", for purposes of IC 13-18-12, IC 13-19, IC 13-21, IC 13-20-22, and environmental management laws, except as provided in subsection (b), means any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. The term does not include:

(1) solid or dissolved material in:

(A) domestic sewage; or

(B) irrigation return flows or industrial discharges;

that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act Amendments (33 U.S.C. 1342);

(2) source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.));

(3) manures or crop residues returned to the soil as fertilizers or soil conditioners as part of a total farm operation; or

(4) vegetative matter at composting facilities registered under IC 13-20-10.

     (b) "Solid waste", for purposes of IC 13-20-5, IC 13-20-22, and IC 13-21, does not include the following:

(1) A waste that is regulated under the following:

(A) IC 13-22-1 through IC 13-22-8.

(B) IC 13-22-13 through IC 13-22-14.

(2) An infectious waste (as defined in IC 16-41-16-4) that is disposed of at an incinerator permitted under rules adopted by the board to dispose of infectious waste.

     (c) "Solid waste", for purposes of IC 13-26, means all putrescible and nonputrescible solid and semisolid wastes, except human excreta. The term includes garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-12-5; 13-7-1-3 part; 13-7-1-22; 13-9.5-1-26 part; subsection (b) formerly 13-7-22-2.7(a); 13-9.5-1-26 part; subsection (c) formerly 13-3-2-1 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.2-1997, SEC.39; P.L.189-2011, SEC.10; P.L.113-2014, SEC.57; P.L.112-2016, SEC.14.

 

IC 13-11-2-206"Solid waste disposal facility"

     Sec. 206. "Solid waste disposal facility", for purposes of IC 13-19-3-8.2, IC 13-19-4, IC 13-20-4, and IC 13-20-6, means a facility at which solid waste is:

(1) deposited on or beneath the surface of the ground as an intended place of final location; or

(2) incinerated.

[Pre-1996 Recodification Citations: 13-7-10.5-6; 13-7-31-4.]

As added by P.L.1-1996, SEC.1. Amended by P.L.218-2001, SEC.3; P.L.1-2002, SEC.64; P.L.154-2005, SEC.2.

 

IC 13-11-2-207"Solid waste hauler"

     Sec. 207. "Solid waste hauler" or "hauler", for purposes of IC 13-21, means a person who operates a vehicle in which solid waste is transported to:

(1) a transfer station for further transport to a final disposal facility; or

(2) a final disposal facility.

[Pre-1996 Recodification Citation: 13-9.5-1-27.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-208"Solid waste landfill"

     Sec. 208. "Solid waste landfill", for purposes of IC 13-20-9, IC 13-20-21, and IC 13-22-9, means a solid waste disposal facility at which solid waste is deposited on or beneath the surface of the ground as an intended place of final location.

[Pre-1996 Recodification Citations: 13-7-29-2; 13-7-32-2.]

As added by P.L.1-1996, SEC.1. Amended by P.L.138-2000, SEC.3; P.L.218-2001, SEC.4; P.L.159-2011, SEC.11.

 

IC 13-11-2-209"Solid waste management"

     Sec. 209. "Solid waste management", for purposes of IC 13-21 and environmental management laws, means the systematic administration of activities that provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-23; 13-9.5-1-28.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-210Repealed

[Pre-1996 Recodification Citation: 13-7-10-1.5(a) part.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.154-2005, SEC.17.

 

IC 13-11-2-211"Solid waste management unit"

     Sec. 211. "Solid waste management unit", for purposes of environmental management laws, means a discernible unit at a hazardous waste facility from which hazardous waste or constituents of hazardous waste might migrate, irrespective of whether the unit was intended for the management of solid or hazardous wastes. The term includes containers, tanks, surface impoundments, waste piles, land treatment units, landfills, incinerators, and underground injection wells.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-23.5.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-212"Solid waste processing facility"

     Sec. 212. (a) "Solid waste processing facility", for purposes of IC 13-19-3-8.2, IC 13-19-4, IC 13-20-1, IC 13-20-4, and IC 13-20-6, means a facility at which at least one (1) of the following is located:

(1) A solid waste incinerator.

(2) A transfer station.

(3) A solid waste baler.

(4) A solid waste shredder.

(5) A resource recovery system.

(6) A composting facility.

(7) A garbage grinding system.

(8) A medical or an infectious waste treatment facility.

(9) A solid waste solidification facility that is not located on an operating, permitted landfill.

(10) A facility that uses plasma arc or another source of heat to treat solid waste.

     (b) The term does not include a facility or operation that generates solid waste.

[Pre-1996 Recodification Citations: 13-7-10.5-7; 13-7-31-5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.218-2001, SEC.5; P.L.1-2002, SEC.65; P.L.154-2005, SEC.3.

 

IC 13-11-2-213"Source"

     Sec. 213. "Source", for purposes of IC 13-17-3 and IC 13-17-7, means an aggregation of one (1) or more facilities that are:

(1) located on:

(A) one (1) piece of property; or

(B) contiguous or adjacent properties; and

(2) owned, operated, or controlled by the same person.

[Pre-1996 Recodification Citation: 13-10-4-1(a)(3).]

As added by P.L.1-1996, SEC.1. Amended by P.L.166-2002, SEC.1.

 

IC 13-11-2-214"Source reduction"

     Sec. 214. "Source reduction", for purposes of IC 13-17-7 and IC 13-21, means a reduction in the amount of solid waste generated that is achieved through actions affecting the source of the solid waste.

[Pre-1996 Recodification Citation: 13-9.5-1-30.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-215Repealed

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-22-4(a) part; subsection (b) formerly 13-7-16.1-2(e); subsection (c) formerly 13-7-22-4(a) part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.123-1996, SEC.8. Repealed by P.L.138-2000, SEC.11.

 

IC 13-11-2-215.1Repealed

As added by P.L.123-1996, SEC.9. Amended by P.L.129-1997, SEC.1. Repealed by P.L.138-2000, SEC.11.

 

IC 13-11-2-216"Spent nuclear fuel"

     Sec. 216. "Spent nuclear fuel", for purposes of IC 13-22-10, has the meaning set forth in Section 2 of the federal Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), as in effect on January 1, 1987.

[Pre-1996 Recodification Citation: 13-7-8.6-2(m).]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.7.

 

IC 13-11-2-217Repealed

[Pre-1996 Recodification Citation: 13-1-3-22(d).]

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1996, SEC.2. Repealed by P.L.127-1997, SEC.2.

 

IC 13-11-2-218Repealed

[Pre-1996 Recodification Citation: 13-1-3-22(e).]

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1996, SEC.3. Repealed by P.L.127-1997, SEC.2.

 

IC 13-11-2-219"State"

     Sec. 219. "State", for purposes of IC 13-29-1, means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any other territorial possession of the United States.

[Pre-1996 Recodification Citation: 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-220"State permit"

     Sec. 220. "State permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a state owned facility.

[Pre-1996 Recodification Citation: 13-7-16.1-1(k).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-221"State plan"

     Sec. 221. "State plan", for purposes of IC 13-21, refers to the state solid waste management plan adopted under IC 13-21-1-1.

[Pre-1996 Recodification Citation: 13-9.5-1-31.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-221.5"State regulated wetland"

     Sec. 221.5. "State regulated wetland", for purposes of IC 13-18, means an isolated wetland located in Indiana that is not an exempt isolated wetland.

As added by P.L.282-2003, SEC.28.

 

IC 13-11-2-222"Stone quarry permit"

     Sec. 222. "Stone quarry permit", for purposes of IC 13-18-20, refers to a NPDES permit that involves the area on or beneath land used or distributed in activity related to the extraction, removal, or recovery of:

(1) sand;

(2) gravel;

(3) dimension stone; or

(4) crushed stone;

from natural deposits.

[Pre-1996 Recodification Citation: 13-7-16.1-1(l).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-223"Storage"

     Sec. 223. (a) "Storage", for purposes of environmental management laws and when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste.

     (b) "Storage", for purposes of IC 13-22-10, means:

(1) the containment of hazardous waste requiring a permit under rules adopted under IC 13-22-2-4; or

(2) the containment of low level radioactive waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the low level radioactive waste.

     (c) "Storage", for purposes of IC 13-22-12, includes:

(1) interim status; and

(2) permitted;

hazardous waste storage.

     (d) "Storage", for purposes of IC 13-29-1, means the temporary holding of waste for treatment or disposal.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-24; subsection (b) formerly 13-7-8.6-2(g); subsection (c) formerly 13-7-16.1-3(f); subsection (d) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-223.5"Storm water management program"

     Sec. 223.5. "Storm water management program", for purposes of IC 13-18-21 and IC 13-18-25, means a program that is consistent with the requirements in:

(1) 40 CFR 122.26(d)(2)(iv) for a proposed management program; or

(2) 40 CFR 122.34 for a storm water management program.

As added by P.L.55-2001, SEC.1. Amended by P.L.233-2017, SEC.21.

 

IC 13-11-2-224"Stormwater permit"

     Sec. 224. "Stormwater permit", for purposes of IC 13-18-20, refers to a permit issued to a facility regulated under 327 IAC 15-5 or 327 IAC 15-6.

[Pre-1996 Recodification Citation: 13-7-16.1-1(m).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-225"Substance"

     Sec. 225. "Substance", for purposes of IC 13-25-2, refers to a substance on the list described in 42 U.S.C. 11002(a)(2).

[Pre-1996 Recodification Citation: 13-7-37-8.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-226"Supplemental fund"

     Sec. 226. "Supplemental fund", for purposes of IC 13-18-13 and IC 13-18-21, refers to the supplemental drinking water and wastewater assistance fund established by IC 13-18-21-22.

[Pre-1996 Recodification Citation: 4-23-21-4.5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1997, SEC.6; P.L.132-1999, SEC.9.

 

IC 13-11-2-227"Supplemental program"

     Sec. 227. "Supplemental program", for purposes of IC 13-18-13 and IC 13-18-21, refers to the supplemental drinking water and wastewater assistance program established by IC 13-18-21-21.

[Pre-1996 Recodification Citation: 4-23-21-4.7.]

As added by P.L.1-1996, SEC.1. Amended by P.L.126-1997, SEC.7; P.L.132-1999, SEC.10.

 

IC 13-11-2-227.5"Synthetic plastic microbead"

     Sec. 227.5. "Synthetic plastic microbead", for purposes of IC 13-18-24, has the meaning set forth in IC 13-18-24-4.

As added by P.L.21-2015, SEC.4.

 

IC 13-11-2-228"Tank"

     Sec. 228. "Tank", for purposes of IC 13-18-12, means any container that is placed on a vehicle to transport wastewater removed from a sewage disposal system.

[Pre-1996 Recodification Citation: 13-7-8.8-1 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-229Repealed

[Pre-1996 Recodification Citation: 13-7-20-33.3(a).]

As added by P.L.1-1996, SEC.1. Repealed by P.L.14-2001, SEC.19.

 

IC 13-11-2-229.5Repealed

As added by P.L.123-1997, SEC.10. Repealed by P.L.57-2009, SEC.18.

 

IC 13-11-2-230Repealed

[1996 Recodification Citations: New.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.131-2006, SEC.14.

 

IC 13-11-2-230.1"Television"

     Sec. 230.1. "Television", for purposes of this chapter and IC 13-20.5, means an electronic device that is:

(1) a cathode ray tube or flat panel display; and

(2) primarily intended to receive:

(A) video programming via broadcast, cable, or satellite transmission; or

(B) video from surveillance or other similar cameras.

As added by P.L.178-2009, SEC.24.

 

IC 13-11-2-231"Tire"

     Sec. 231. (a) "Tire", for purposes of:

(1) IC 13-20-13, except as provided in subsection (b); and

(2) IC 13-20-14;

means a continuous solid or pneumatic rubber covering that is designed to encircle a wheel of a motor vehicle (as defined in IC 9-13-2-105(a)).

     (b) "Tire", for purposes of IC 13-20-13-7, means a continuous solid or pneumatic rubber covering that is designed to encircle a wheel of a vehicle.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-23-3; 13-7-23.2-5; subsection (b) formerly 13-7-23-10.3(a).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-232"Title V operating permit"

     Sec. 232. "Title V operating permit", for purposes of IC 13-17-7, means a permit required by 42 U.S.C. 7661a.

[Pre-1996 Recodification Citation: 13-10-4-1(a)(4).]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-232.8"Ton"

     Sec. 232.8. "Ton", for purposes of IC 13-22-12-3.5, means a short ton.

As added by P.L.220-2014, SEC.7.

 

IC 13-11-2-233"Toxic material"

     Sec. 233. "Toxic material", for purposes of IC 13-27, means any of the following:

(1) A chemical substance in a gaseous, liquid, or solid state that meets the definition of hazardous substance in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601(14)).

(2) A mixture of substances described in subdivision (1).

(3) An element, a substance, a compound, or a mixture designated by the commissioner as a toxic or hazardous substance.

(4) A mixture of substances containing a substance described in subdivision (1).

[Pre-1996 Recodification Citations: 13-9-1-1 part; 13-9-1-15.]

As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.10; P.L.37-2012, SEC.12.

 

IC 13-11-2-233.5"Tract"

     Sec. 233.5. "Tract", for purposes of this chapter, means any area of land that is under common ownership and is contained within a continuous border.

As added by P.L.282-2003, SEC.29.

 

IC 13-11-2-234Repealed

[Pre-1996 Recodification Citation: 13-7-22.5-7.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.58.

 

IC 13-11-2-235"Transfer station"

     Sec. 235. (a) "Transfer station", for purposes of:

(1) IC 13-21; and

(2) environmental management laws, except as provided in subsection (c);

means a facility where solid waste is transferred from a vehicle or a container to another vehicle or container for transportation.

     (b) The term does not include a facility:

(1) where the solid waste that is transferred has been generated by the facility or a recycling facility; or

(2) where:

(A) infectious waste (as defined in IC 16-41-16-4) is transferred directly between two (2) vehicles;

(B) infectious waste is packaged in compliance with 410 IAC 1-3-24; and

(C) packages of infectious waste are not opened at any time during the transfer.

     (c) "Transfer station", for purposes of IC 13-22-9, means a facility for the:

(1) acceptance;

(2) holding; and

(3) loading;

of solid waste into a vehicle for movement to a facility for processing, recycling, or disposal. The term does not include collection containers for solid waste.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-24.5; 13-9.5-1-32; subsection (b) formerly 13-7-32-3.]

As added by P.L.1-1996, SEC.1. Amended by P.L.128-1997, SEC.2.

 

IC 13-11-2-236Repealed

[Pre-1996 Recodification Citation: 13-7-22.5-8.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.59.

 

IC 13-11-2-237Repealed

[Pre-1996 Recodification Citation: 13-7-22.5-9.]

As added by P.L.1-1996, SEC.1. Repealed by P.L.113-2014, SEC.60.

 

IC 13-11-2-237.5"Transient noncommunity water system"

     Sec. 237.5. "Transient noncommunity water system", for purposes of IC 13-18-11 and IC 13-18-20.5, means a noncommunity water system that does not regularly serve at least twenty-five (25) of the same persons over six (6) months per year.

As added by P.L.132-2000, SEC.1. Amended by P.L.1-2001, SEC.15; P.L.224-2003, SEC.131.

 

IC 13-11-2-238"Transporter"

     Sec. 238. "Transporter", for purposes of IC 13-20-4 and IC 13-20-6, means a person who is in the business of transporting municipal waste.

[Pre-1996 Recodification Citations: 13-7-10.5-8; 13-7-31-12(c) part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-239"Treatment"

     Sec. 239. (a) "Treatment", for purposes of environmental management laws, when used in connection with a waste that is determined to be hazardous waste under IC 13-22-2-3, means any method, technique, or process designed to change the physical, chemical, or biological character or composition of the waste so as to:

(1) neutralize the waste;

(2) make the waste:

(A) nonhazardous or less hazardous;

(B) safer to transport, store, or dispose of;

(C) amenable to recovery or storage; or

(D) reduced in volume; or

(3) recover energy or material resources from the waste.

     (b) "Treatment", for purposes of IC 13-22-12, includes:

(1) interim status; and

(2) permitted;

hazardous waste treatment.

     (c) "Treatment", for purposes of IC 13-29-1, means any method, technique, or process, including storage for radioactive decay, designed to change the physical, chemical, or biological characteristics or composition of any waste in order to render the waste safer for transport or management, amenable to recovery, convertible to another usable material, or reduced in volume.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-7-1-3 part; 13-7-1-25; 13-7-8.6-2(h). subsection (b) formerly 13-7-16.1-3(g); subsection (c) formerly 13-5-9-2 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-240"Underground petroleum storage tank"

     Sec. 240. "Underground petroleum storage tank", for purposes of IC 13-23, means an underground storage tank that is in operation after December 31, 1973.

[Pre-1996 Recodification Citation: 13-7-20-10.8.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-241"Underground storage tank"

     Sec. 241. (a) "Underground storage tank" (or UST), for purposes of this chapter and IC 13-23, means one (1) tank or a combination of tanks:

(1) that is used to contain an accumulation of regulated substances; and

(2) the volume of which, including the volume of the underground connected pipes described in subsection (b), is at least ten percent (10%) beneath the surface of the ground.

     (b) If:

(1) a single tank; or

(2) a combination of tanks;

constitutes an underground storage tank under subsection (a), any underground pipes that are connected to the single tank or combination of tanks are also part of the underground storage tank.

     (c) The term defined in subsection (a) includes a single tank:

(1) that meets the definition set forth in subsection (a); and

(2) in which there are separate compartments.

     (d) The term does not include any of the following:

(1) A farm or residential tank with a capacity of not more than one thousand one hundred (1,100) gallons that is used for storing motor fuel for noncommercial purposes.

(2) A tank used for storing heating oil for consumptive use on the premises on which the tank is stored.

(3) A septic tank.

(4) A pipeline facility, including gathering lines, that:

(A) is regulated under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671 et seq.);

(B) is regulated under the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 60101 et seq.); or

(C) is an intrastate pipeline facility regulated under state laws comparable to the laws identified in clauses (A) through (B).

(5) A surface impoundment, pit, pond, or lagoon.

(6) A stormwater or wastewater collection system.

(7) A flow-through process tank.

(8) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

(9) A storage tank situated in an underground area such as:

(A) a basement;

(B) a cellar;

(C) a mineworking;

(D) a drift;

(E) a shaft; or

(F) a tunnel;

if the storage tank is situated upon or above the surface of the floor.

(10) Any other tank exempted by a rule adopted by the board in accordance with regulations adopted by the Administrator of the United States Environmental Protection Agency.

(11) A pipe connected to a tank described in subdivisions (1) through (10).

[Pre-1996 Recodification Citations: 13-7-20-11; 13-7-20.1-5 part.]

As added by P.L.1-1996, SEC.1. Amended by P.L.6-2014, SEC.1; P.L.113-2014, SEC.61; P.L.96-2016, SEC.9.

 

IC 13-11-2-242"Unit"

     Sec. 242. "Unit", for purposes of:

(1) section 148(c) of this chapter;

(2) IC 13-20-17.5;

(3) IC 13-20-20; and

(4) IC 13-23;

has the meaning set forth in IC 36-1-2-23.

[Pre-1996 Recodification Citations: 13-7-10.5-4 part; 13-7-20-43(a); 13-7-33-5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.13.

 

IC 13-11-2-242.3"Upset"

     Sec. 242.3. "Upset", for purposes of IC 13-18-12-8, means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee, and does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

As added by P.L.112-2000, SEC.2.

 

IC 13-11-2-242.5"Use attainability analysis"

     Sec. 242.5. "Use attainability analysis", for purposes of IC 13-14-9-14 and IC 13-18, refers to a structured scientific assessment of the physical, chemical, biological, and economic factors affecting the attainment of a designated use as provided in 40 CFR 131.3(g).

As added by P.L.140-2000, SEC.13. Amended by P.L.100-2006, SEC.6.

 

IC 13-11-2-243"Used oil"

     Sec. 243. "Used oil", for purposes of IC 13-21-5-14 and environmental management laws, means a petroleum based or synthetic oil that has been used. The term includes oil that has been used for the following purposes:

(1) Lubricant for engines, turbines, or gears.

(2) Hydraulic fluid, including transmission fluid.

(3) Metal working fluid, including cutting, grinding, machining, rolling, stamping, quenching, and coating oil.

(4) Insulating fluid or coolants.

[Pre-1996 Recodification Citations: 13-7-1-3 part; 13-7-1-25.5; 13-9.5-4-7.5 part.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-244"User"

     Sec. 244. "User", for purposes of IC 13-21 and environmental management laws, means a person that has entered into a financing agreement with:

(1) a county solid waste management district or joint solid waste management district; or

(2) a developer;

in contemplation of the user's use and operation of the facilities referred to in the agreement.

[Pre-1996 Recodification Citation: 13-9.5-1-33.]

As added by P.L.1-1996, SEC.1.

 

IC 13-11-2-244.3"UST"

     Sec. 244.3. "UST", as used in this chapter and IC 13-23, refers to an underground storage tank, as defined in section 241 of this chapter.

As added by P.L.96-2016, SEC.10.

 

IC 13-11-2-244.5"Utilize"