Bill Text: IN SB0130 | 2012 | Regular Session | Engrossed
Bill Title: Environmental boards.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2012-02-29 - Amendment 1 (Wolkins), prevailed; voice vote [SB0130 Detail]
Download: Indiana-2012-SB0130-Engrossed.html
Citations Affected: IC 4-21.5; IC 4-22; IC 13-11; IC 13-12; IC 13-13;
IC 13-14; IC 13-15; IC 13-16; IC 13-17; IC 13-18; IC 13-19; IC 13-20;
IC 13-22; IC 13-23; IC 13-25; IC 13-27; IC 13-28; IC 13-29; IC 13-30;
IC 16-18; IC 16-20.
Effective: July 1, 2012; January 1, 2013.
(HOUSE SPONSOR _ WOLKINS)
January 4, 2012, read first time and referred to Committee on Energy and Environmental
Affairs.
January 17, 2012, amended, reported favorably _ Do Pass.
January 19, 2012, read second time, amended, ordered engrossed.
January 20, 2012, engrossed.
January 23, 2012, read third time, passed. Yeas 50, nays 0. Technical correction.
Re-engrossed.
January 31, 2012, read first time and referred to Committee on Environmental Affairs.
February 23, 2012, amended, reported _ Do Pass; Yeas 58, nays 36.
February 29, 2012, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(b) The office of environmental adjudication shall:
(1) conduct adjudicatory hearings required to implement:
(A) air pollution control laws (as defined in IC 13-11-2-6), water pollution control laws (as defined in IC 13-11-2-261), environmental management laws (as defined in IC 13-11-2-71), and IC 13-19;
(B) rules of the board (as defined in IC 13-13-8-1) and the financial assurance board; and
(C) agency action of the department of environmental management; and
(2) notify a board referred to in subdivision (1)(B) of a final order of the office of environmental adjudication that interprets:
(A) a rule of the board; or
(B) a statute under which a rule of the board is authorized.
(1) A rule for which the notice required by section 23 of this chapter or by IC 13-14-9-3 is published by an agency or
(2) A rule for which:
(A) the notice required by IC 13-14-9-3; or
(B) an appropriate later notice for circumstances described in subsection (g);
is published by the department of environmental management after June 30, 2006.
(b) As used in this section, "coordinator" refers to the small business regulatory coordinator assigned to a rule by an agency under subsection (e).
(c) As used in this section, "director" refers to the director or other administrative head of an agency.
(d) As used in this section, "small business" has the meaning set forth in IC 5-28-2-6.
(e) For each rulemaking action and rule finally adopted as a result of a rulemaking action by an agency under this chapter, the agency shall assign one (1) staff person to serve as the agency's small business regulatory coordinator with respect to the proposed or adopted rule. The agency shall assign a staff person to a rule under this subsection based on the person's knowledge of, or experience with, the subject matter of the rule. A staff person may serve as the coordinator for more than one (1) rule proposed or adopted by the agency if the person is qualified by knowledge or experience with respect to each rule. Subject to subsection (f):
(1) in the case of a proposed rule, the notice of intent to adopt the rule published under section 23 of this chapter; or
(2) in the case of a rule proposed by the department of environmental management or
must include the name, address, telephone number, and electronic mail address of the small business coordinator for the proposed rule, the name, address, telephone number, and electronic mail address of the small business ombudsman designated under IC 5-28-17-5, and a statement of the resources available to regulated entities through the small business ombudsman designated under IC 5-28-17-5. Subject to subsection (f), in the case of a rule finally adopted, the final rule, as published in the Indiana Register, must include the name, address, telephone number, and electronic mail address of the coordinator.
(f) This subsection applies to a rule adopted by the department of environmental management or
(1) a statement of the resources available to regulated entities through the technical and compliance assistance program established under IC 13-28-3;
(2) the name, address, telephone number, and electronic mail address of the ombudsman designated under IC 13-28-3-2;
(3) if applicable, a statement of:
(A) the resources available to small businesses through the small business stationary source technical assistance program established under IC 13-28-5; and
(B) the name, address, telephone number, and electronic mail address of the ombudsman for small business designated under IC 13-28-5-2(3); and
(4) the information required by subsection (e).
The coordinator assigned to the rule under subsection (e) shall work with the ombudsman described in subdivision (2) and the office of voluntary compliance established by IC 13-28-1-1 to coordinate the provision of services required under subsection (h) and IC 13-28-3. If applicable, the coordinator assigned to the rule under subsection (e) shall work with the ombudsman referred to in subdivision (3)(B) to coordinate the provision of services required under subsection (h) and IC 13-28-5.
(g) If the notice provided under IC 13-14-9-3 is not published as allowed by IC 13-14-9-7, the department of environmental management shall publish in the notice provided under IC 13-14-9-4 the information that subsection (f) would otherwise require to be published in the notice under IC 13-14-9-3. If neither the notice under IC 13-14-9-3 nor the notice under IC 13-14-9-4 is published as allowed by IC 13-14-9-8, the department of environmental management shall publish in the commissioner's written findings under IC 13-14-9-8(b) the information that subsection (f) would otherwise require to be published in the notice under IC 13-14-9-3.
(h) The coordinator assigned to a rule under subsection (e) shall serve as a liaison between the agency and any small business subject to regulation under the rule. The coordinator shall provide guidance to small businesses affected by the rule on the following:
(1) Any requirements imposed by the rule, including any reporting, record keeping, or accounting requirements.
(2) How the agency determines or measures compliance with the rule, including any deadlines for action by regulated entities.
(3) Any penalties, sanctions, or fines imposed for noncompliance with the rule.
(4) Any other concerns of small businesses with respect to the rule, including the agency's application or enforcement of the rule in particular situations. However, in the case of a rule adopted under IC 13-14-9, the coordinator assigned to the rule may refer a small business with concerns about the application or enforcement of the rule in a particular situation to the ombudsman designated under IC 13-28-3-2 or, if applicable, under IC 13-28-5-2(3).
(i) The coordinator assigned to a rule under subsection (e) shall provide guidance under this section in response to questions and concerns expressed by small businesses affected by the rule. The coordinator may also issue general guidelines or informational pamphlets to assist small businesses in complying with the rule. Any guidelines or informational pamphlets issued under this subsection shall be made available:
(1) for public inspection and copying at the offices of the agency under IC 5-14-3; and
(2) electronically through electronic gateway access.
(j) The coordinator assigned to a rule under subsection (e) shall keep a record of all comments, questions, and complaints received from small businesses with respect to the rule. The coordinator shall deliver the record, along with any accompanying documents submitted
by small businesses, to the director:
(1) not later than ten (10) days after the date on which the rule is
submitted to the publisher under section 35 of this chapter; and
(2) before July 15 of each year during which the rule remains in
effect.
The coordinator and the director shall keep confidential any
information concerning a small business to the extent that the
information is exempt from public disclosure under IC 5-14-3-4.
(k) Not later than November 1 of each year, the director shall:
(1) compile the records received from all of the agency's
coordinators under subsection (j);
(2) prepare a report that sets forth:
(A) the number of comments, complaints, and questions
received by the agency from small businesses during the most
recent state fiscal year, categorized by the subject matter of the
rules involved;
(B) the number of complaints or questions reported under
clause (A) that were resolved to the satisfaction of the agency
and the small businesses involved;
(C) the total number of staff serving as coordinators under this
section during the most recent state fiscal year;
(D) the agency's costs in complying with this section during
the most recent state fiscal year; and
(E) the projected budget required by the agency to comply
with this section during the current state fiscal year; and
(3) deliver the report to the legislative council in an electronic
format under IC 5-14-6 and to the small business ombudsman
designated by IC 5-28-17-5.
(b) As used in this section, "small business" has the meaning set forth in section 28.1(d) of this chapter.
(c) Except as provided in subsection (d), a small business that voluntarily provides notice to an agency of the small business's actual or potential violation of a rule adopted by the agency under this chapter is immune from civil or criminal liability resulting from an agency
action relating to the violation if the small business does the following:
(1) Provides written notice of the violation to the agency not later
than forty-five (45) days after the small business knew or should
have known that the violation occurred.
(2) Corrects the violation within a time agreed to by the agency
and the small business. However, the small business shall be
given at least ninety (90) days after the date of the notice
described in subdivision (1) to correct the violation. The small
business may correct the violation at any time before the
expiration of the period agreed to under this subdivision.
(3) Cooperates with any reasonable request by the agency in any
investigation initiated in response to the notice.
(d) A small business is not immune from civil or criminal liability
relating to a violation of which the small business provides notice
under subsection (c) if any of the following apply:
(1) The violation resulted in serious harm or in imminent and
substantial endangerment to the public health, safety, or welfare.
(2) The violation resulted in a substantial economic benefit that
afforded the small business a clear advantage over the small
business's competitors.
(3) The small business has a pattern of continuous or repeated
violations of the rule at issue or any other rules of the agency.
(e) Information that a small business provides under this section,
including actions and documents that identify or describe the small
business, to an agency in providing notice of the small business's actual
or potential violation of a rule adopted by the agency is confidential,
unless a clear and immediate danger to the public health, safety, or
welfare or to the environment exists. Information described in this
subsection may not be made available for use by the agency for
purposes other than the purposes of this section without the consent of
the small business.
(f) Voluntary notice of an actual or a potential violation of a rule
that is provided by a small business under subsection (c) is not
admissible as evidence in a proceeding, other than an agency
proceeding, to prove liability for the rule violation or the effects of the
rule violation.
(1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or
IC 9-21-4-7(a) and designated by the commissioner as an
emergency rule.
(2) An action taken by the director of the department of natural
resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the
occupational safety standards commission under
IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management
environmental rules board under IC 13-22-2-3 and classifying
a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted
by the department of financial institutions under IC 24-4.5-6-107
and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the
department of financial institutions and declared necessary to
meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to
address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission
under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the
executive board of the state department of health declares is
necessary to meet an emergency.
(10) An emergency rule adopted by the Indiana finance authority
under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner
under IC 27-1-23-7 or IC 27-1-12.1.
(12) An emergency rule adopted by the Indiana horse racing
commission under IC 4-31-3-9.
(13) An emergency rule adopted by the air pollution control
board, the solid waste management board, or the water pollution
control environmental rules board under IC 13-15-4-10(4) or to
comply with a deadline required by or other date provided by
federal law, provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the
emergency rule is in effect are reviewed after the emergency
rule expires.
(14) An emergency rule adopted by the Indiana election
commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural
resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, IC 4-33-4-14, IC 4-33-22-12, or IC 4-35-4-2.
(17) An emergency rule adopted by the alcohol and tobacco commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of family and social services under IC 12-8-1-12.
(20) An emergency rule adopted by the office of the children's health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of animal health under IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-37(l) (repealed) or an emergency rule adopted by the department of local government finance under IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in IC 8-15.5-2-10) provided for in a public-private agreement under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and establishing procedures for the implementation of the collection of user fees by electronic or other nonmanual
means; or
(D) to make other changes to existing rules related to a toll
road project to accommodate the provisions of a public-private
agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana
health informatics corporation under IC 5-31-5-8.
(32) An emergency rule adopted by the department of child
services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or
IC 31-27-4-3.
(33) An emergency rule adopted by the Indiana real estate
commission under IC 25-34.1-2-5(15).
(34) A rule adopted by the department of financial institutions
under IC 24-4.4-1-101 and determined necessary to meet an
emergency.
(35) An emergency rule adopted by the state board of pharmacy
regarding returning unused medication under IC 25-26-23.
(36) An emergency rule adopted by the department of local
government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
(37) An emergency rule adopted by the office of the secretary of
family and social services or the office of Medicaid policy and
planning concerning the following:
(A) Federal Medicaid waiver program provisions.
(B) Federal programs administered by the office of the
secretary.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the format of the rule and other documents to be submitted
under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the publisher for filing. The agency
shall submit the rule in the form required by section 20 of this chapter
and with the documents required by section 21 of this chapter. The
publisher shall determine the format of the rule and other documents
to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is accepted.
(f) A rule described in subsection (a) takes effect on the latest of the following dates:
(1) The effective date of the statute delegating authority to the agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in subsections (j), (k), and (l), a rule adopted under this section expires not later than ninety (90) days after the rule is accepted for filing under subsection (e). Except for a rule adopted under subsection (a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by adopting another rule under this section, but only for one (1) extension period. The extension period for a rule adopted under subsection (a)(28) may not exceed the period for which the original rule was in effect. A rule adopted under subsection (a)(13) may be extended for two (2) extension periods. Subject to subsection (j), a rule adopted under subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited number of extension periods. Except for a rule adopted under subsection (a)(13), for a rule adopted under this section to be effective after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20), (a)(21), (a)(29), or (a)(37) expires on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule adopted under sections 24 through 36 of this chapter or this section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration date stated by the board of the Indiana economic development corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration
date stated by the Indiana finance authority in the rule.
(m) A rule described in subsection (a)(5) or (a)(6) expires on the
date the department is next required to issue a rule under the statute
authorizing or requiring the rule.
(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)
(5) IC 13-20-16 and IC 13-20-17.
(1) the policies, rules, and statutes of the state shall be interpreted and administered in accordance with the policies set forth in this chapter; and
(2) all state agencies shall do the following:
(A) Use a systematic, interdisciplinary approach that will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and decision making that may have an impact on the environment.
(B) Identify and develop methods and procedures that will ensure that unquantified environmental amenities and values may be given appropriate consideration in decision making along with economic and technical considerations.
(C) Include in every recommendation or report on proposals for legislation and other major state actions significantly affecting the quality of the human environment a detailed statement by the responsible official on the following:
(i) The environmental impact of the proposed action.
(ii) Any adverse environmental effects that cannot be avoided should the proposal be implemented.
(iii) Alternatives to the proposed action.
(iv) The relationship between local short term uses of the environment and the maintenance and enhancement of long term productivity.
(v) Any irreversible and irretrievable commitments of resources that would be involved if the proposed action should be implemented.
Before making a detailed statement, the responsible state
official shall consult with and obtain the comments of each
state agency that has jurisdiction by law or special expertise
with respect to any environmental impact involved. Copies of
the statement and the comments and views of the appropriate
federal, state, and local agencies that are authorized to develop
and enforce environmental standards shall be made available
to the governor and to the public and must accompany the
proposal through the agency review processes. The air
pollution control board, water pollution control board, and
solid waste management board shall by rule define the actions
that constitute a major state action significantly affecting the
quality of the human environment.
(D) Study, develop, and describe appropriate alternatives to
recommend courses of action in any proposal that involves
unresolved conflicts concerning alternative uses of available
resources.
(E) Recognize the long range character of environmental
problems and, where consistent with the policy of the state,
lend appropriate support to initiatives, resolutions, and
programs designed to maximize state cooperation in
anticipating and preventing a decline in the quality of the
environment.
(F) Make available to counties, municipalities, institutions,
and individuals advice and information useful in restoring,
maintaining, and enhancing the quality of the environment.
(G) Initiate and use ecological information in the planning and
development of resource oriented projects.
Chapter 8. Environmental Rules Board
Sec. 1. As used in this chapter, "board" refers to the environmental rules board established by section 3 of this chapter.
Sec. 2. (a) The following entities are abolished on January 1, 2013:
(1) The air pollution control board (established by IC 13-17-2 before its repeal).
(2) The water pollution control board (established by IC 13-18-1 before its repeal).
(3) The solid waste management board (established by IC 13-19-2 before its repeal).
(b) All powers, duties, and liabilities are transferred from the
entities abolished under subsection (a) to the environmental rules
board established by section 3 of this chapter effective January 1,
2013.
(c) On and after January 1, 2013, a reference to an entity
abolished under subsection (a) in a statute or rule shall be treated
as a reference to the environmental rules board.
(d) The rules adopted by the entities abolished under subsection
(a) shall be treated, administered, and implemented as follows:
(1) The rules adopted before January 1, 2013, by the air
pollution control board abolished under subsection (a)(1):
(A) shall be treated as though the rules were adopted by
the environmental rules board; and
(B) shall be administered and implemented by the air
pollution control division of the department described in
IC 13-13-3-2(1).
(2) The rules adopted before January 1, 2013, by the water
pollution control board abolished under subsection (a)(2):
(A) shall be treated as though the rules were adopted by
the environmental rules board; and
(B) shall be administered and implemented by the water
pollution control division of the department described in
IC 13-13-3-2(2).
(3) The rules adopted before January 1, 2013, by the solid
waste management board abolished under subsection (a)(3):
(A) shall be treated as though the rules were adopted by
the environmental rules board; and
(B) shall be administered and implemented by the solid
waste management division of the department described in
IC 13-13-3-2(3).
(e) A member of an entity abolished under subsection (a) may
serve until December 31, 2012. The initial members of the
environmental rules board shall be appointed under section 4 of
this chapter not later than December 31, 2012.
Sec. 3. The environmental rules board is established as an
independent board.
Sec. 4. (a) The board consists of the following sixteen (16)
members:
(1) The following ex officio members:
(A) The commissioner of the state department of health.
(B) The director of the department of natural resources.
(C) The lieutenant governor.
(D) The secretary of commerce or the secretary's designee.
(E) The commissioner of the department of environmental management, who shall serve as a nonvoting member.
(2) The following eleven (11) members, who shall be appointed by the governor based on recommendations from representative constituencies:
(A) One (1) representative of agriculture.
(B) One (1) representative of manufacturing.
(C) One (1) representative of environmental interests.
(D) One (1) representative of labor.
(E) One (1) representative of local government.
(F) One (1) representative of small business.
(G) One (1) health professional who holds a license to practice in Indiana.
(H) One (1) representative of the solid waste management industry.
(I) One (1) representative of a public utility that engages in the production and transmission of electricity.
(J) Two (2) representatives of the general public, who cannot qualify to sit on the board under any of the other clauses in this subdivision.
(b) An individual appointed under subsection (a)(2) must possess knowledge, experience, or education qualifying the individual to represent the constituency the individual is being recommended to represent.
Sec. 5. An ex officio member of the board may designate in writing a technical representative to serve as a voting member of the board when the ex officio member is unable to attend a board meeting.
Sec. 6. Not more than six (6) of the appointed members of the board may be members of the same political party.
Sec. 7. (a) An appointed member of the board serves a term of four (4) years.
(b) The term of each member of the board continues until a successor is appointed and qualified.
(c) If a vacancy occurs in the appointed membership of the board, the governor shall appoint a member not later than ninety (90) days after the vacancy occurs for the remainder of the unexpired term created by the vacancy. The board shall suspend the exercise of the board's duties if the vacancy has not been filled not later than ninety (90) days after the vacancy occurs.
(d) The governor may remove an appointed member of the board for cause. Cause includes the repeated failure to attend
meetings.
Sec. 8. (a) Ex officio members of the board serve without
additional compensation.
(b) Each appointed member of the board is entitled to the
following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses provided under
IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties, as provided in the state
policies and procedures established by the Indiana
department of administration and approved by the budget
agency.
(c) The per diem salary and mileage reimbursement are valid
claims against the department.
Sec. 9. Eight (8) voting members of the board, five (5) of whom
must be appointed members of the board, constitute a quorum. A
quorum must be present to transact business at a meeting of the
board. Meetings of the board are subject to the public meeting
requirements under IC 5-14-1.5.
Sec. 10. The governor shall annually select:
(1) one (1) of the appointed members of the board to serve as
chairperson; and
(2) another of the appointed members to serve as vice
chairperson.
Sec. 11. Each member of the board shall fully disclose any
potential conflicts of interest relating to permits or enforcement
orders under the:
(1) Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the
Clean Air Act Amendments of 1990;
(2) Resource Conservation and Recovery Act (42 U.S.C. 6901
et seq.);
(3) Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended by the federal
Superfund Amendments and Reauthorization Act of 1986 (42
U.S.C. 9601 through 9675);
(4) Water Pollution Control Act (33 U.S.C. 1251 et seq.); and
(5) Safe Drinking Water Act (42 U.S.C. 300f through 300j).
Sec. 12. (a) The board shall select, from a list of three (3)
qualified individuals recommended by the governor, an
independent third party to serve as technical secretary of the
board. The technical secretary of the board is an employee of the
department.
(b) Between meetings of the board, the department shall do the
following:
(1) Handle correspondence.
(2) Make or arrange for investigations and surveys.
(3) Obtain, assemble, or prepare reports and data as directed
by the board.
(c) The technical secretary shall review all materials prepared
for the board by the department to make any necessary revisions.
Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply
to the technical secretary. The technical secretary is not a voting
member of the board.
Sec. 13. (a) The board may select, from a list of three (3)
qualified individuals recommended by the governor, an
independent third party to serve as legal counsel. The legal counsel
to the board is an employee of the department.
(b) The legal counsel shall do the following:
(1) Advise the board on legal matters or proceedings arising
from the exercise of the board's duties.
(2) Review all materials prepared for the board by the
department for legal accuracy and sufficiency and direct the
department to make any necessary revisions.
(c) Provisions of this chapter concerning terms of appointment,
vacancies, and compensation of appointed board members apply
to the legal counsel. The legal counsel is not a voting member of the
board.
Sec. 14. The board may establish advisory committees for the
purpose of giving advice on any matters pertaining to the business
of the board. A member appointed to an advisory committee shall
serve at the pleasure of the board and is not entitled to a salary, per
diem, or reimbursement of expenses.
Sec. 15. The board shall adopt rules under IC 4-22-2 and
IC 13-14-9 that are consistent with the purposes of this title.
(1) this title;
(2) other statutes; and
(3) rules of the
(b) If the commissioner is notified by the department of state revenue that a person is on the most recent tax warrant list, the commissioner may not issue a permit or license to the applicant until:
(1) the applicant provides a statement to the commissioner from the department of state revenue indicating that the applicant's tax warrant has been satisfied; or
(2) the commissioner receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).
(1) air pollution control laws;
(2) water pollution control laws;
(3) IC 13-18-9;
(4) IC 13-18-10;
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
(4) IC 13-18-9.
(5) IC 13-18-10.
(1) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts or other governmental arrangements for environmental protection.
(2) Conduct, convoke, attend, or participate in official or unofficial conferences or hearings within or outside Indiana concerning any matter within the scope of the power and duties of the
(1) enforce any final order of the commissioner or
(2) collect any penalties or fees;
(3) procure or secure compliance with this title or any other law that the department has the duty or power to enforce;
(4) procure compliance with any standard or rule
(5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:
(A) executed before July 1, 2009;
(B) approved by the commissioner; and
(C) created in connection with any:
(i) remediation;
(ii) closure;
(iii) cleanup;
(iv) corrective action; or
(v) determination exercising enforcement discretion or of no further action being required;
approved by the department under this title; or
(6) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) in accordance with the terms of the covenant if the covenant is:
(A) executed after June 30, 2009; and
(B) created in connection with any of the following approved by the department under this title:
(i) A remediation.
(ii) A closure.
(iii) A cleanup.
(iv) A corrective action.
(v) A determination exercising enforcement discretion or of no further action being required.
(1) discharging; or
(2) proposing to discharge or emit;
contaminants that could affect environmental quality shall furnish to the department the reasonable technical or monitoring program reports that the
(b) An affidavit of the responsible officer or person in charge of the operation involved must accompany each report.
(1) governor may assign to
(2) board may directly exercise that power until a specific agency for the exercise of the power is created.
(1) adopt;
(2) repeal;
(3) rescind; or
(4) amend;
rules and standards by proceeding in the manner prescribed in IC 4-22-2 and IC 13-14-9.
(1) adoption;
(2) repeal;
(3) rescission; or
(4) amendment;
of any rule or standard.
(b) The rules proposed by the department must be adopted by the
(1) supported by a statement of reasons; and
(2) accompanied by a petition signed by at least two hundred (200) persons.
(b) If the board
(1) is not plainly devoid of merit; and
(2) does not deal with a subject on which a hearing was held within the previous six (6) months of the submission of the proposal;
the board shall give notice and hold a hearing on the proposal.
(1) Standards or requirements for discharge or emission specifying the maximum permissible short term and long term concentrations of various contaminants of the air, water, or land.
(2) Procedures for the administration of a system of permits for:
(A) the discharge of any contaminants;
(B) the construction, installation, or modification of any:
(i) facility;
(ii) equipment; or
(iii) device;
that may be designed to control or prevent pollution; or
(C) the operation of any:
(i) facility;
(ii) equipment; or
(iii) device;
to control or to prevent pollution.
(3) Standards and conditions for the use of any fuel or vehicle determined to constitute an air pollution hazard.
(4) Standards for the filling or sealing of abandoned:
(A) water wells;
(B) water holes; and
(C) drainage holes;
to protect ground water against contamination.
(5) Alert criteria and abatement standards for pollution episodes or emergencies constituting an acute danger to health or to the environment, including priority lists for terminating activities that contribute to the hazard, whether or not the activities would meet all discharge requirements of the board under normal conditions.
(6) Requirements and procedures for the inspection of any equipment, facility, vehicle, vessel, or aircraft that may cause or contribute to pollution.
(7) Requirements and standards for equipment and procedures for:
(A) monitoring contaminant discharges at their sources;
(B) the collection of samples; and
(C) the collection, reporting, and retention, in accordance with record retention schedules adopted under IC 5-15-5.1, of data resulting from that monitoring.
(8) Standards or requirements to control:
(A) the discharge; or
(B) the pretreatment;
of contaminants introduced or discharged into publicly owned treatment works.
(b) If the
(1)
(2) The underground storage tank financial assurance board established by IC 13-23-11-1.
(b) In addition to the requirements of IC 4-22-2 and IC 13-14-8, a board may not adopt a rule except in accordance with this chapter.
(b) The
(1) an approved long term control plan; and
(2) an approved use attainability analysis that supports the use of a CSO wet weather limited use subcategory established under IC 13-18-3-2.5.
(c) After the department approves the long term control plan and use attainability analysis, the department shall publish in the Indiana Register a notice of adoption of a proposed rule to establish a CSO wet weather limited use subcategory for the area defined by the approved use attainability analysis.
(d) The notice under subsection (c) must include the following:
(1) Suggested rule language that amends the designated use to allow for a CSO wet weather limited use subcategory in accordance with IC 13-18-3-2.5.
(2) A written comment period of at least thirty (30) days.
(3) A notice of public hearing before the
(e) The department shall include the following in the written materials to be considered by the
(1) The full text of the proposed rule as most recently prepared by the department.
(2) Written responses of the department to written comments received during the comment period referred to in subsection (d)(2).
(3) The letter prepared by the department approving the long term control plan and use attainability analysis.
(f) At the public hearing referred to in subsection (d)(3), the board may:
(1) adopt the proposed rule to establish a new water quality standard amending the designated use to allow for a CSO wet weather limited use subcategory;
(2) adopt the proposed rule with amendments;
(3) reject the proposed rule; or
(4) determine to reconsider the proposed rule at a subsequent
board meeting.
(g) If the board adopts the proposed rule with amendments under
subsection (f)(2), the amendments must meet the logical outgrowth
requirements of section 10 of this chapter, except that the board, in
determining whether the amendments are a logical outgrowth of
comments provided to the board, and in considering whether the
language of comments provided to the board fairly apprised interested
persons of the specific subjects and issues contained in the
amendments, shall consider the comments provided to the board at the
public hearing referred to in subsection (d)(3).
(h) The department shall submit a new water quality standard
established in a rule adopted under subsection (f) to the United States
Environmental Protection Agency for approval.
(1) the state; and
(2) the submitter of the information.
(b) The report must:
(1) include the beginning and ending balance, disbursements, and receipts, including accrued interest or other investment earnings of the fund;
(2) comply with accounting standards under IC 4-13-2-7(a)(1); and
(3) be available to the public.
(c) The auditor of state shall forward copies of the report to the following:
(1) The commissioner.
(2) The standing committees of the house of representatives and the senate concerned with the environment.
(3) The
(1) Permits to control or limit the emission of any contaminants into the atmosphere.
(2) Permits for the construction, installation, or modification of facilities, equipment, or devices to control or limit any discharge, emission, or disposal of contaminants into the air.
(3) Permits for the operation of facilities, equipment, or devices to control or limit the discharge, emission, or disposal of any contaminants into the environment.
(1) Permits to control or limit the discharge of any contaminants into state waters or into a publicly owned treatment works.
(2) Permits for the construction, installation, or modification of facilities, equipment, or devices to control or limit any discharge, emission, or disposal of contaminants into the waters of Indiana or into a publicly owned treatment works.
(3) Permits for the operation of facilities, equipment, or devices to control or limit the discharge, emission, or disposal of any contaminants into the waters of Indiana or into a publicly owned treatment works.
However, the
operation that is operated under a permit issued under IC 14-34.
(1) Permits to control or limit the disposal of any contaminants onto or into the land.
(2) Permits for the construction, installation, or modification of facilities, equipment, or devices:
(A) to control or limit any discharge, emission, or disposal of contaminants into the land; or
(B) for the storage, treatment, processing, transferring, or disposal of solid waste or hazardous waste.
(3) Permits for the operation of facilities, equipment, or devices:
(A) to control or limit the discharge, emission, transfer, or disposal of any contaminants into the land; or
(B) for the storage, transportation, treatment, processing, transferring, or disposal of solid waste or hazardous waste.
(b) In rules for the issuance of permits,
(1) Prescribe standards for the discharge, emission, or disposal of contaminants and the operation of any facility, equipment, or device.
(2) Impose the conditions that are considered necessary to accomplish the purposes of this title.
(1) Provide incentives to owners and operators of facilities to assess the pollution emitted by the facilities into all environmental media.
(2) Provide incentives to owners and operators of facilities to implement the most innovative and effective pollution control or pollution prevention strategies while maintaining enforceable performance goals.
(3) Provide incentives to owners and operators of facilities to
reduce pollution levels at the facilities below the levels required
by law.
(4) Consolidate environmental requirements into one (1) permit
that would otherwise be included in more than one (1) permit.
(5) Reduce the time and money spent by owners and operators of
facilities and the department on administrative tasks that do not
benefit the environment.
(6) Provide owners and operators of facilities with as much
operational flexibility as can reasonably be provided while being
consistent with enforcement of permit requirements.
(b) The rules adopted under this section may provide for permits
that contain the following:
(1) Authorization of emission trading.
(2) Consolidated reporting mechanisms.
(3) Third party certifications.
(4) Multimedia regulation.
(5) Other conditions consistent with subsection (a).
(c) The rules adopted under this section must provide that a permit
issued under the rules adopted under this section meets the following
criteria:
(1) Activities conducted under the permit must result in greater
overall environmental protection than would otherwise be
achieved under applicable law.
(2) Upon issuance of a permit, all limits, conditions, and
standards contained in the permit are enforceable under
IC 13-30-3.
(3) The permit applicant must give notice in accordance with
IC 13-15-8, and the commissioner shall give notice to the public
and provide an opportunity to comment on the proposed permit in
accordance with IC 13-15-5.
(d) The rules adopted under this section must allow the department
to give priority to applications involving permits that are issued as
described in this section based on:
(1) the degree of environmental benefit that may be obtained
under the permit;
(2) the potential application of any innovative control
technologies or regulatory procedures that may be made available
to other permit applicants and permit holders; and
(3) other criteria that the boards board may establish.
(e) The rules adopted under this section must be consistent with
federal law for federally authorized or delegated permit programs.
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2013]: Sec. 5. (a) Whenever a permit is required by any
rule of one (1) of the boards board under IC 13-15-1 for the
construction, installation, operation, or modification of any facility,
equipment, or device, the permit may be issued only after the
department staff has:
(1) approved the plans and specifications; and
(2) determined that the facility, equipment, or device meets the
requirement of the rule.
(b) Notwithstanding subsection (a) and subject to subsection (c), a
person to whom a permit has been issued may not start the
construction, installation, operation, or modification of a facility,
equipment, or a device until the person has obtained any approval
required by any:
(1) county;
(2) city; or
(3) town;
in which the facility, equipment, or device is located.
(c) Subsection (b) applies only to an approval required in an
applicable ordinance, rule, or regulation in effect at the time the person
submits the permit application to the issuing state agency.
(b) An application for renewal of a hazardous waste disposal facility operating permit under IC 13-22-3 must be submitted at least one hundred eighty (180) days before the expiration of the facility's current permit to be considered timely under this section.
excess of applicable federal, state, or local requirements may apply to
the commissioner for an interim permit to construct, modify, or operate
the equipment, facility, or pollution control device.
(b) The commissioner shall approve or deny the interim permit not
later than sixty (60) days after receipt of the application for an interim
permit, unless the applicant and the commissioner agree that a longer
review period is necessary.
(c) The boards shall adopt rules under IC 4-22-2 to implement this
section before January 1, 1997. The rules may not allow an interim
construction or operation permit pending a final permit determination
if an interim permit is not allowed under federal law for a federally
authorized or delegated permit program.
(d) (c) This section does not relieve a person from complying with:
(1) the permit requirements provided under this title; and
(2) rules adopted under this title;
to the extent that this title and the rules are not inconsistent with this
section.
(1) has been issued an operating permit by the
(2) is operating without a permit but has made a timely and complete application for a permit under IC 13-17-8-10.
(b) The
(1) The changes are not modifications under any provision of Title I of the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the federal Clean Air Act Amendments of 1990 (P.L.101-549).
(2) The changes do not exceed emissions:
(A) expressed as a rate of emissions; or
(B) expressed as total emissions;
allowable under the permit.
(3) The facility provides the commissioner with written notification at least seven (7) days before the proposed changes are made. However, the
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. (a) Each The
board may adopt rules under IC 4-22-2 and IC 13-14-9 establishing:
(1) conditions for the issuance of a permit under this chapter; and
(2) requirements for the operation of nuclear facilities.
(b) Rules adopted by the air pollution control board may relate to:
(1) air pollution from nuclear facilities; Rules adopted by the
water pollution control board may relate to
(2) water pollution from nuclear facilities; or
(3) Rules adopted by the solid waste management board may
relate to other environmental problems associated with nuclear
facilities.
(c) The boards may not adopt rules that establish contradictory
conditions and requirements.
(1) a nuclear powered generating facility; or
(2) a nuclear fuel reprocessing plant;
shall file with the
(b) A person affected by the proposed construction may participate in the hearing to the extent and in the manner that the board prescribes.
(b) Each permit required under this chapter according to rules adopted by the
(c) Each permit issued must include a requirement for:
(1) appropriate procedures of monitoring any discharge; and
(2) a report of each discharge to the department.
training and certification program for the following:
(1) Operators of solid waste incinerators and waste to energy
facilities.
(2) Operators of land disposal sites.
(3) Operators of facilities described under IC 13-15-1-3 whose
operation could have an adverse impact on the environment if not
operated properly.
(b) Money in the fund shall be used for paying the expenses of the training and certification program described in this chapter.
(1) Requirements for certification that consider any training that is required by state rule or federal regulation.
(2) Mandatory testing and retraining.
(3) Recognition of training programs that the
(4) Recognition of an interim period for which existing facility operators must obtain certification.
(1) Examination of applicants for certification.
(2) Issuance, renewal, or transfer of a certificate.
(3) Restoration of an expired certificate when that action is authorized by law.
(4) Issuance of certificates by reciprocity or endorsement for out-of-state applicants.
(5) Issuance of board or committee reciprocity or endorsements for resident practitioners who apply to another state for a certificate.
(b) A fee may not be less than fifty dollars ($50) unless the fee is collected under a rule adopted by the
on behalf of the operators the solid waste management board regulates.
The fees may not be less than are required to pay all of the costs, both
direct and indirect, of the operation of the department under this
chapter.
(c) A fee may not be charged to an operator employed by a solid
waste facility that is wholly owned and operated by a unit of local
government.
(b) If:
(1) the
(2) the check does not clear the bank;
the
(c) Unless designated by rule, a fee is not refundable or transferable.
(1) National Pollutant Discharge Elimination System program.
(2) Solid waste program.
(3) Hazardous waste program.
(4) Safe drinking water program.
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The boards
board shall periodically review the fees established under this chapter.
A The board may change the amount of a fee if the board determines,
based upon the factors set forth in section 2 of this chapter, that the
amount of the fee is not appropriate.
(1) the federal Clean Air Act (42 U.S.C. 7401 et seq.), as amended by the Clean Air Act Amendments of 1990 (P.L.101-549); or
(2) a regulation adopted under the federal Clean Air Act.
(1) The installation and use of equipment designed to reduce or eliminate emissions.
(2) The proper maintenance of that equipment and of vehicles.
operating permit program. The annual aggregate amount of fees
collected under the operating permit program from all sources subject
to the operating permit program must be sufficient to cover only the
direct and indirect reasonable costs of the following permit program
activities:
(1) Preparing rules, regulations, and guidance regarding
implementation and enforcement of the program.
(2) Reviewing and acting on the following:
(A) An application for an operating permit.
(B) An operating permit revision.
(C) An operating permit renewal.
(3) The general administrative cost of running the operating
permit program.
(4) Implementing and enforcing the terms of a permit granted
under the operating permit program. However, court costs for
enforcement actions are not included under this subdivision.
(5) Emissions and ambient monitoring.
(6) Modeling analyses and demonstrations.
(7) Preparing inventories and tracking emissions.
(8) Developing and administering a small business stationary
source technical and environmental compliance assistance
program.
(1) that is deleterious to:
(A) the public health; or
(B) the prosecution of any industry or lawful occupation; or
(2) by which:
(A) any fish life or any beneficial animal or vegetable life may be destroyed; or
(B) the growth or propagation of fish life or beneficial animal
or vegetable life is prevented or injuriously affected.
(1) a sanitary sewer or public water main, if:
(A) a professional engineer who is registered under IC 25-31 prepared the plans;
(B) the unit provided for review of the plans by a qualified engineer and subsequently approved the plans; and
(C) all other requirements specified in rules adopted by the water pollution control board are met; or
(2) a sanitary sewer extension for and within a subdivision, if:
(A) a qualified land surveyor who is registered under IC 25-21.5 prepared the plans;
(B) the subdivision is being laid out or having been laid out by the land surveyor subject to IC 25-21.5-7;
(C) the unit provided for review of the plans by a qualified engineer and subsequently approved the plans; and
(D) all other requirements specified in rules adopted by the
the plans are not required to be submitted to any state agency for a permit, permission, or review, unless required by federal law.
JANUARY 1, 2013]: Sec. 2.5. (a) The department and the boards
board may allow a person to use industrial waste products in a land
application operation or as ingredients in a soil amendment or soil
substitute to be land applied if:
(1) the industrial waste products are not hazardous wastes;
(2) the industrial waste products:
(A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or
(B) otherwise provide a benefit to the process of creating the
soil amendments or soil substitute or to the final soil
amendment, soil substitute, or material to be land applied,
such as bulking;
(3) the finished soil amendment, soil substitute, or material to be
land applied satisfies the applicable criteria in 327 IAC 6.1;
(4) the finished soil amendment, soil substitute, or material to be
land applied has a beneficial use;
(5) the requirements of subsection (b) are satisfied; and
(6) the person pays a permit fee in an amount determined by the
department that does not exceed the costs incurred by the
department to issue the permit.
(b) The department:
(1) may allow the use of industrial waste products:
(A) in a land application operation; or
(B) as ingredients in a soil amendment or soil substitute to be
land applied;
on the same basis as other materials under the rules concerning
land application and marketing and distribution permits;
(2) may not:
(A) discriminate against the use of industrial waste products
on the basis that the industrial waste products lack biological
carbon;
(B) impose requirements beyond applicable criteria in 327
IAC 6.1, unless additional requirements are necessary for the
protection of human health and the environment;
(C) require that the finished soil amendment, soil substitute, or
material to be land applied must be of a particular economic
value; or
(D) for any pollutant that has a pollutant limit or concentration
in 327 IAC 6.1, require that an industrial waste product or the
finished soil amendment, soil substitute, or material to be land
applied satisfies:
(i) the department's risk integrated system of closures
nonrule policy document; or
(ii) any other standards other than criteria in 327 IAC 6.1;
(3) for any pollutant present in the industrial waste products that does not have a pollutant limit or concentration in 327 IAC 6.1, shall consider the benefits of the finished soil amendment, soil substitute, or material to be land applied as compared to the measurable risks to human health and the environment based on the anticipated use of the finished soil amendment, soil substitute, or material to be land applied; and
(4) shall require an application for a permit for the land application of industrial waste products to include characterization of individual industrial waste products at the point of waste generation before mixing the waste streams.
(c) The board may adopt rules for pollutant limits or concentrations for pollutants for which limits or concentrations do not exist in 327 IAC 6.1 as of July 1, 2011.
(1) Except as provided in sections 3 through 4 of this chapter, adopt rules under IC 4-22-2 and IC 13-14-9 to regulate solid and hazardous waste and atomic radiation in Indiana, including rules necessary to the implementation of the federal Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), as amended.
(2) Develop operating policy concerning the activities of the department.
(3) Carry out other duties imposed by law.
(1) As a daily cover for litter and vermin control at a landfill in accordance with any applicable permits issued for the landfill.
(2) As a protective cover for a landfill leachate system in accordance with any applicable permits issued for the landfill.
(3) For use as capped embankments for ground and sight barriers under ten thousand (10,000) cubic yards or embankments for
airports, bridges, or overpasses.
(4) For use:
(A) in a land application operation; or
(B) as a soil amendment;
if the application or amendment does not include the operation of
a landfill.
(5) As a structural fill base capped by clay, asphalt, or concrete
for the following:
(A) Roads.
(B) Road shoulders.
(C) Parking lots.
(D) Floor slabs.
(E) Utility trenches.
(F) Bridge abutments.
(G) Tanks and vaults.
(H) Construction or architectural fill.
(I) Other similar uses.
(6) As a raw material constituent incorporated into another
product, including the following:
(A) Flowable fill.
(B) Concrete.
(C) Asphalt.
(D) Brick.
(E) Block.
(F) Portland cement.
(G) Glass.
(H) Roofing materials.
(I) Rock wool.
(J) Plastics.
(K) Fiberglass.
(L) Mineral wool.
(M) Lightweight aggregate.
(N) Paint.
(O) Plaster.
(P) Other similar products.
to implement this chapter.
(1) for transfer stations located:
(A) inside Indiana; and
(B) outside Indiana;
that receive municipal waste and that engage in waste transfer activities; and
(2) under rules adopted by the
(b) The
(1) the department; or
(2) a contractor hired by the department;
for conducting the inspection of the transfer station.
(b) The department shall issue permits for an incinerator that is in compliance with construction and operating rules adopted by the
(c) The department shall grant operating authority under a permit
issued by the department only after the owner of the incinerator has:
(1) complied with all construction and pre-operational standards
established by pertinent rules; and
(2) submitted the results of a pre-operational emissions test that
demonstrate that the incinerator's performance complies with all
pertinent rules.
(d) The pre-operational emissions test required by this section shall
be conducted under the supervision of the department. In addition, the
report of the results of the pre-operational emissions test must contain
a certification that the test was performed in compliance with the
following:
(1) All pertinent rules.
(2) The pre-operational emissions test plan submitted with the
permit application.
(1) A:
(A) legal description; and
(B) topographic map;
of the site on which the composting facility will be located.
(2) A description of the composting facility that indicates the area to be served by the composting operation.
(3) An estimate of the volume of materials that will be processed annually by the composting facility.
(4) Any other information that the department or the
(1) removing waste tires from sites where waste tires have been
disposed of improperly;
(2) properly managing waste tires;
(3) performing surveillance and enforcement activities used to
implement proper waste tire management; and
(4) conducting the waste tire education program under section 15
of this chapter.
(b) The department may use money in the fund to provide grants
and loans to entities to establish and operate programs involving the
following:
(1) Recycling or reuse of waste tires.
(2) Using waste tires as a source of fuel.
(3) Developing markets for waste tires and products containing
recycled or reused waste tires.
(c) The department board may adopt rules under IC 4-22-2 and
IC 13-14-9 necessary to implement this section.
(1) rules adopted under subsection (d); and
(2) section 10 of this chapter;
a whole waste tire may not be disposed of at a solid waste landfill.
(b) The department may approve shredded or ground up tires for use as daily cover for a solid waste landfill.
(c) Material approved under subsection (b) is exempt from IC 13-20-22 and IC 13-21-13.
(d) The
(e) The rules adopted under subsection (d) may allow a landfill operator to meet the requirements of the rule by employing procedures designed to achieve the objectives of subsection (d) in lieu of a numeric standard.
(b) Whole waste tires removed by an operator of a transfer station under subsection (a) shall be disposed of as provided in this chapter.
(c) The
(d) The rules adopted under subsection (c) may allow a transfer station operator to meet the requirements of the rule by employing procedures designed to achieve the objectives of subsection (c) in lieu of a numeric standard.
(1) Adopt rules under IC 4-22-2 and IC 13-14-9 setting standards for closure and postclosure monitoring and maintenance plans.
(2) Include in the rules a requirement for prior notice of closure and a time limit for completion of closure.
(1) All facilities operating under permits issued under IC 13-22-3 or IC 13-7-8.5 (before its repeal).
(2) All landfills, surface impoundments, and waste piles,
including any new units, replacements of existing units, and
lateral expansions of existing units, that receive hazardous waste
after July 26, 1982.
(1) Closure.
(2) Postclosure monitoring at hazardous waste facilities.
(3) Any required corrective action at those facilities.
(b) The rules adopted under this section must reflect the provisions for financial responsibility prescribed by section 2 of this chapter.
(b) The department may contract with another state agency to jointly operate the program under a memorandum of agreement that:
(1) may be amended;
(2) must contain the specific duties of the department and the contracting agency; and
(3) is available to the public for inspection.
(1) The
(2) The underground storage tank financial assurance board established by IC 13-23-11-1.
(b) The rules adopted
(1) Eligibility requirements for participation in environmental performance based programs.
(2) Compliance methods and schedules that:
(A) differ from compliance methods and schedules that apply to nonparticipants in environmental performance based programs under rules adopted by the boards;
(B) apply only to participants in environmental performance based programs; and
(C) include any of the following:
(i) Changes to monitoring and reporting requirements and schedules.
(ii) Streamlined submission requirements for permit renewals.
(iii) Prioritized applications.
(iv) Authorization to make without prior governmental approval certain operational changes that do not result in additional environmental impact.
(3) Recognition incentives to encourage participation in environmental performance based programs.
(4) Other incentives consistent with the policies of this title and federal law to encourage participation in environmental performance based programs.
(5) Requirements for participants in environmental performance based programs to implement any of the following:
(A) Continuous improvement environmental systems.
(B) Pollution prevention and waste minimization programs developed under IC 13-27-7.
(1) Discharge, emit, cause, allow, or threaten to discharge, emit, cause, or allow any contaminant or waste, including any noxious odor, either alone or in combination with contaminants from other sources, into:
(A) the environment; or
(B) any publicly owned treatment works;
in any form that causes or would cause pollution that violates or would violate rules, standards, or discharge or emission requirements adopted by the
(2) Increase the quantity or strength of a discharge of contaminants into the waters or construct or install a sewer or sewage treatment facility or a new outlet for contaminants into the waters of Indiana without prior approval of the department.
(3) Deposit any contaminants upon the land in a place and manner that creates or would create a pollution hazard that violates or would violate a rule adopted by
(4) Deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the
(5) Dump or cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the
(6) Dispose of solid waste in, upon, or within the limits of or adjacent to a public highway, state park, state nature preserve, or recreation area or in or immediately adjacent to a lake or stream, except:
(A) in proper containers provided for sanitary storage of the solid waste; or
(B) as a part of a sanitary landfill operation or other land disposal method approved by the department.
(7) Construct, install, operate, conduct, or modify, without prior approval of the department, any equipment or facility of any type that may:
(A) cause or contribute to pollution; or
(B) be designed to prevent pollution.
However, the commissioner or the
(8) Conduct any salvage operation or open dump by open burning or burn, cause, or allow the burning of any solid waste in a manner that violates either:
(A) the air pollution control laws; or
(B) the rules adopted by the
(9) Commence construction of a proposed hazardous waste facility without having first:
(A) filed an application for; and
(B) received;
a permit from the department.
(10) Commence or engage in the operation of a hazardous waste facility without having first obtained a permit from the department.
(11) Deliver any hazardous waste to a hazardous waste facility that:
(A) is not approved; or
(B) does not hold a permit from the department.
(12) Cause or allow the transportation of a hazardous waste without a manifest if a manifest is required by law.
(13) Violate any:
(A) condition;
(B) limitation; or
(C) stipulation;
placed upon a certificate of environmental compatibility by the hazardous waste facility site approval authority or any other provision of IC 13-22-10.
(14) Apply or allow the application of used oil to any ground surface, except for purposes of treatment in accordance with a permit issued by the department under any of the following:
(A) IC 13-15, except IC 13-15-9.
(B) IC 13-17-11.
(C) IC 13-18-18.
(D) IC 13-20-1.
(15) Commence construction of a solid waste incinerator without first obtaining a permit from the department under IC 13-20-8.
(16) Commence operation of a solid waste incinerator without first obtaining the approval of the department under IC 13-20-8.
(1) Include a direction to cease and desist from violations of the following:
(A) Environmental management laws.
(B) Air pollution control laws.
(C) Water pollution control laws.
(D) A rule adopted by
(E) A rule adopted by the underground storage tank financial assurance board.
(2) Impose monetary penalties in accordance with the following:
(A) Environmental management laws.
(B) Air pollution control laws.
(C) Water pollution control laws.
(3) Mandate corrective action, including corrective action to be taken beyond the boundaries of the area owned or controlled by the person to whom the order is directed, to alleviate the violation.
(4) Revoke a permit or condition or modify the terms of a permit.
(1) any provision of:
(A) environmental management laws;
(B) air pollution control laws;
(C) water pollution control laws;
(D) IC 13-18-14-1;
(E) a rule or standard adopted by
(F) a rule or standard adopted by the underground storage tank financial assurance board; or
(2) any determination, permit, or order made or issued by the commissioner under:
(A) environmental management laws or IC 13-7 (before its repeal);
(B) air pollution control laws or IC 13-1-1 (before its repeal); or
(C) water pollution control laws or IC 13-1-3 (before its repeal);
is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day of any violation.
(b) The department may:
(1) recover the civil penalty described in subsection (a) in a civil action commenced in any court with jurisdiction; and
(2) request in the action that the person be enjoined from continuing the violation.
(1) The board.
(2) The underground storage tank financial assurance board.
FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 372. "Water
board", for purposes of IC 16-41, refers to the water pollution control
board established by IC 13-18-1-1. IC 13-13-8-3.
(b) Area boards of health created under this chapter have jurisdiction with the