Introduced Version
HOUSE BILL No. 1189
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-11-2-158; IC 13-17-9-1.
Synopsis: Open burning. Specifies that for purposes of the law
concerning open burning, the definition of "person" 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, political subdivision, a state agency, a contractor, or any
other legal entity. Allows a person to open burn wood remnants of the
demolition of an undesirable, predominantly wooden structure
originally located on real property located in an incorporated area
without obtaining a permit or any other authorization from the
department of environmental management, a unit of local government,
or a volunteer fire department if the open burn occurs in an
unincorporated area.
Effective: July 1, 2013.
Mahan, Wolkins
January 10, 2013, read first time and referred to Committee on Veterans Affairs and Public
Safety.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1189
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-11-2-158; (13)IN1189.1.1. -->
SECTION 1. IC 13-11-2-158, AS AMENDED BY P.L.114-2012,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 158. (a) "Person", for purposes of:
(1) IC 13-17-9;
(1) (2) IC 13-21;
(2) (3) air pollution control laws;
(3) (4) water pollution control laws; and
(4) (5) 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, political subdivision, 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 13-23, has the meaning set forth in
subsection (a). The term includes a consortium, a joint venture, a
commercial entity, and the United States government.
(e) "Person", for purposes of IC 13-20-17.5 and IC 13-25-3, means
an individual, a corporation, a limited liability company, a partnership,
a trust, an estate, or an unincorporated association.
(f) "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.
(g) "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.
SOURCE: IC 13-17-9-1; (13)IN1189.1.2. -->
SECTION 2. IC 13-17-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) Subject to section
3 of this chapter, a person may open burn the following for
maintenance purposes:
(1) Vegetation from:
(A) a farm;
(B) an orchard;
(C) a nursery;
(D) a tree farm;
(E) a cemetery; or
(F) a drainage ditch.
(2) Vegetation from agricultural land if the open burn occurs in
an unincorporated area.
(3) Wood products derived from pruning or clearing a roadside by
a county highway department.
(4) Wood products derived from the initial clearing of a public
utility right-of-way if the open burn occurs in an unincorporated
area.
(5) Undesirable:
(A) wood structures on real property; or
(B) wood remnants of the demolition of a predominantly
wooden structure originally located on real property;
located in an unincorporated area.
(6) Wood remnants of the demolition of an undesirable,
predominantly wooden structure originally located on real
property located in an incorporated area if the open burn
occurs in an unincorporated area.
(b) A person who is allowed to open burn under subsection (a) is not
required to obtain:
(1) a permit; or
(2) any other authorization;
from the department, a unit of local government, or a volunteer fire
department before conducting the open burning.