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


Reprinted

March 1, 2012





ENGROSSED

SENATE BILL No. 130

_____


DIGEST OF SB 130 (Updated February 29, 2012 12:47 pm - DI 69)



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.

Synopsis: Environmental boards. Repeals certain statutes creating the following boards: (1) Air pollution control. (2) Water pollution control. (3) Solid waste management board (collectively, the repealed boards). Establishes the environmental rules board (consolidated board). Transfers certain powers and duties of the repealed boards to the consolidated board. Requires that a member of the consolidated board representing a certain constituency possess knowledge, experience, or education that qualifies the individual to represent the constituency being represented. Requires the consolidated board to appoint a technical secretary. Allows the consolidated board to appoint: (1) legal counsel; and (2) members of advisory committees. Requires the consolidated board to use rulemaking procedures to adopt rules. Transfers to the consolidated board duties of the department of environmental management to adopt certain rules related to: (1) treatment plant or water distribution systems certification programs; and (2) the waste tire management fund.

Effective: July 1, 2012; January 1, 2013.





Gard , Charbonneau, Tallian
(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.

HOUSE ACTION

    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.






Reprinted

March 1, 2012

Second Regular Session 117th General Assembly (2012)


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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.


ENGROSSED

SENATE BILL No. 130



    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 4-21.5-7-3; (12)ES0130.2.1. -->     SECTION 1. IC 4-21.5-7-3, AS AMENDED BY P.L.99-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) The office of environmental adjudication is established to review, under this article, agency actions of the department of environmental management, actions of a board described in IC 13-14-9-1, and challenges to rulemaking actions by a board described in IC 13-14-9-1 made pursuant to IC 4-22-2-44 or IC 4-22-2-45.
    (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
                (i) the air pollution control board;
                (ii) the water pollution control board;
                (iii) the solid waste management board; and
                (iv) 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.
SOURCE: IC 4-22-2-28.1; (12)ES0130.2.2. -->     SECTION 2. IC 4-22-2-28.1, AS AMENDED BY P.L.110-2010, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 28.1. (a) This section applies to the following:
        (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 by any of the boards (as defined in IC 13-11-2-18). board (as defined in IC 13-13-8-1).
        (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 any of the boards (as defined in IC 13-11-2-18) the board (as defined in IC 13-13-8-1), the notice published under IC 13-14-9-3 or the findings published under IC 13-14-9-8(b)(1), whichever applies;
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 any of the boards (as defined in IC 13-11-2-18) the board (as defined in IC 13-13-8-1) under IC 13-14-9. Subject to subsection (g), the department shall include in the notice provided under IC 13-14-9-3 or in the findings published under IC 13-14-9-8(b)(1), whichever applies, and in the publication of the final rule in the Indiana Register:
        (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.

SOURCE: IC 4-22-2-28.2; (12)ES0130.2.3. -->     SECTION 3. IC 4-22-2-28.2, AS ADDED BY P.L.239-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 28.2. (a) This section applies to a violation described in subsection (c) that occurs after June 30, 2005. However, in the case of a violation of a rule adopted under IC 13-14-9 by the department of environmental management or any of the boards board (as defined in IC 13-11-2-18), IC 13-13-8-1), the procedures set forth in IC 13-30-4-3 and IC 13-30-7 apply instead of this section.
    (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.

SOURCE: IC 4-22-2-37.1; (12)ES0130.2.4. -->     SECTION 4. IC 4-22-2-37.1, AS AMENDED BY P.L.229-2011, SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 37.1. (a) This section applies to a rulemaking action resulting in any of the following rules:
        (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.

SOURCE: IC 13-11-2-17; (12)ES0130.2.5. -->     SECTION 5. IC 13-11-2-17, AS AMENDED BY P.L.159-2011, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 17. (a) "Board", except as provided in subsections (b) through (h), (d), refers to the environmental rules board established by IC 13-13-8-3.
        (1) the air pollution control board;
        (2) the water pollution control board; or
        (3) the solid waste management board.
    (b) "Board", for purposes of IC 13-17, refers to the air pollution control board.
    (c) "Board", for purposes of IC 13-18, refers to the water pollution control board.
    (d) "Board", for purposes of:
        (1) IC 13-19;
        (2) IC 13-20;
        (3) IC 13-22;
        (4) IC 13-23, except IC 13-23-11;
        (5) IC 13-24; and
        (6) IC 13-25;
refers to the solid waste management board.
    (e) (b) "Board", for purposes of IC 13-21, refers to the board of directors of a solid waste management district.
    (f) (c) "Board", for purposes of IC 13-14, IC 13-23-11, and IC 13-30-2-1, refers to the underground storage tank financial assurance board.
    (g) (d) "Board", for purposes of IC 13-26, refers to the board of trustees of a regional water, sewage, or solid waste district.
    (h) "Board", for purposes of IC 13-27 and IC 13-27.5, refers to the clean manufacturing technology board.
SOURCE: IC 13-11-2-18; (12)ES0130.2.6. -->     SECTION 6. IC 13-11-2-18 IS REPEALED [EFFECTIVE JANUARY 1, 2013]. Sec. 18. "Boards" refers to all of the following:
        (1) The air pollution control board.
        (2) The water pollution control board.
        (3) The solid waste management board.
SOURCE: IC 13-11-2-165; (12)ES0130.2.7. -->     SECTION 7. IC 13-11-2-165 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: 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 13-19-2 and IC 13-19-3.
        (5) IC 13-20-16 and IC 13-20-17.
SOURCE: IC 13-12-4-5; (12)ES0130.2.8. -->     SECTION 8. IC 13-12-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. To the fullest extent possible:
        (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.

SOURCE: IC 13-13-8; (12)ES0130.2.9. -->     SECTION 9. IC 13-13-8 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     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.

SOURCE: IC 13-14-1-3; (12)ES0130.2.10. -->     SECTION 10. IC 13-14-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The department shall assure accomplishment of the comprehensive, long term programs established by the boards. board.
SOURCE: IC 13-14-1-4; (12)ES0130.2.11. -->     SECTION 11. IC 13-14-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The department shall procure compliance with standards and rules adopted by the boards. board.
SOURCE: IC 13-14-1-7; (12)ES0130.2.12. -->     SECTION 12. IC 13-14-1-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The commissioner shall prepare the proposed budget of the department and the boards. board.
SOURCE: IC 13-14-1-8; (12)ES0130.2.13. -->     SECTION 13. IC 13-14-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 8. The commissioner may propose financing a structure to the boards. board.
SOURCE: IC 13-14-1-9; (12)ES0130.2.14. -->     SECTION 14. IC 13-14-1-9, AS AMENDED BY P.L.172-2011, SECTION 113, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 9. (a) The commissioner shall issue permits, licenses, orders, and variances as authorized by:
        (1) this title;
        (2) other statutes; and
        (3) rules of the boards. board.
    (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).
SOURCE: IC 13-14-1-12; (12)ES0130.2.15. -->     SECTION 15. IC 13-14-1-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 12. The commissioner shall enforce rules consistent with the purposes of:
        (1) air pollution control laws;
        (2) water pollution control laws;
        (3) IC 13-18-9;
        (4) IC 13-18-10;
        (5) IC 13-19-2;
        (6) (5) IC 13-19-3; and
        (7) (6) IC 36-9-30.
SOURCE: IC 13-14-2-2; (12)ES0130.2.16. -->     SECTION 16. IC 13-14-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. The department may have a designated agent, upon presentation of proper credentials, enter upon private or public property to inspect for and investigate possible violations of any of the following:
        (1) Air pollution control laws.
        (2) Water pollution control laws.
        (3) Environmental management laws.
        (4) IC 13-18-9.
        (5) IC 13-18-10.
        (6) IC 13-19-2.
        (7) (6) IC 13-19-3.
        (8) (7) Any rule adopted by one (1) of the boards. board.
SOURCE: IC 13-14-2-3; (12)ES0130.2.17. -->     SECTION 17. IC 13-14-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The department may do the following:
        (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 boards. board or the department.
SOURCE: IC 13-14-2-6; (12)ES0130.2.18. -->     SECTION 18. IC 13-14-2-6, AS AMENDED BY P.L.78-2009, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. Except as provided in IC 13-14-6, the commissioner may proceed in court, by appropriate action, to:
        (1) enforce any final order of the commissioner or of one (1) of the boards; board;
        (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 of one (1) of the boards; board;
        (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.
SOURCE: IC 13-14-4-3; (12)ES0130.2.19. -->     SECTION 19. IC 13-14-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) Each person:
        (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 boards specify board specifies by rule.
    (b) An affidavit of the responsible officer or person in charge of the operation involved must accompany each report.
SOURCE: IC 13-14-5-5; (12)ES0130.2.20. -->     SECTION 20. IC 13-14-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. The boards board shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter and IC 13-30-7.
SOURCE: IC 13-14-7-1; (12)ES0130.2.21. -->     SECTION 21. IC 13-14-7-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The:
        (1) governor may assign to any of the boards board the adoption of rules in any area not provided for by law as of September 1, 1985; or
        (2) board may directly exercise that power until a specific agency for the exercise of the power is created.
SOURCE: IC 13-14-8-1; (12)ES0130.2.22. -->     SECTION 22. IC 13-14-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The boards board may:
        (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.
SOURCE: IC 13-14-8-2; (12)ES0130.2.23. -->     SECTION 23. IC 13-14-8-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. (a) The department may propose to the boards board the:
        (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 appropriate board under IC 4-22-2 and IC 13-14-9 before the rules become effective.
SOURCE: IC 13-14-8-5; (12)ES0130.2.24. -->     SECTION 24. IC 13-14-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) Any person may present written proposals for the adoption, amendment, or repeal of a rule by one (1) of the boards. board. A proposal presented under this section must be:
        (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 with rulemaking authority in the subject area to which the rule pertains finds that the proposal:
        (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.
SOURCE: IC 13-14-8-7; (12)ES0130.2.25. -->     SECTION 25. IC 13-14-8-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. (a) Without limiting the generality of the regulatory authority of the boards board under this title, the appropriate board may adopt rules under IC 4-22-2 and IC 13-14-9 prescribing the following:
        (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 solid waste management board or air pollution control board is required to adopt new rules or amend existing rules to implement an amendment to the federal Resource Conservation and Recovery Act or an amendment to or addition of a National Emission Standard for Hazardous Air Pollutants under the federal Clean Air Act, the board shall adopt the new rules or amend the existing rules not more than nine (9) months after the date the federal law becomes effective. This subsection does not limit a the board's authority to amend at any time the rules adopted under this subsection.
SOURCE: IC 13-14-9-1; (12)ES0130.2.26. -->     SECTION 26. IC 13-14-9-1, AS AMENDED BY P.L.204-2007, SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) Except as provided in sections 8 and 14 of this chapter, this chapter applies to the following:
        (1) A The board.
        (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.
SOURCE: IC 13-14-9-14; (12)ES0130.2.27. -->     SECTION 27. IC 13-14-9-14, AS AMENDED BY P.L.159-2011, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 14. (a) Except as provided in subsection (g), sections 1 through 13 of this chapter do not apply to a rule adopted under this section.
    (b) The water pollution control board may use the procedures in this section to adopt a rule to establish new water quality standards for a community served by a combined sewer that has:
        (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 water pollution control board.
    (e) The department shall include the following in the written materials to be considered by the water pollution control board at the public hearing referred to in subsection (d)(3):
        (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.

SOURCE: IC 13-14-11-4; (12)ES0130.2.28. -->     SECTION 28. IC 13-14-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The department shall, subject to the approval of all three (3) of the boards, board, develop written procedures for the separate storage and security of files containing records excepted from disclosure requirements under IC 5-14-3-4.
SOURCE: IC 13-14-11-5; (12)ES0130.2.29. -->     SECTION 29. IC 13-14-11-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. The boards board shall adopt rules requiring the execution of a confidentiality agreement with persons employed, contracted, or subcontracted by the department that is enforceable by:
        (1) the state; and
        (2) the submitter of the information.
SOURCE: IC 13-14-12-2; (12)ES0130.2.30. -->     SECTION 30. IC 13-14-12-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. The money on deposit in the environmental management special fund shall be used exclusively for the purposes of the department and the boards. board. The revenues accruing to the fund are appropriated to the department for purposes of this title. However, expenditures for projects authorized by the department or a the board must be approved by the governor and the budget agency.
SOURCE: IC 13-14-12-4; (12)ES0130.2.31. -->     SECTION 31. IC 13-14-12-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. (a) The auditor of state shall issue a report on the fund not later than ten (10) working days following the last day of each four (4) month period.
    (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 air pollution control board.
        (4) The water pollution control board.
        (5) The solid waste management board.
SOURCE: IC 13-15-1-1; (12)ES0130.2.32. -->     SECTION 32. IC 13-15-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The air pollution control board shall establish requirements for the issuance of permits to control air pollution, noise, and atomic radiation, including the following:
        (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.
SOURCE: IC 13-15-1-2; (12)ES0130.2.33. -->     SECTION 33. IC 13-15-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. The water pollution control board shall establish requirements for the issuance of permits to control water pollution and atomic radiation, including the following:
        (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 water pollution control board may not require a permit under subdivision (2) for any facility, equipment, or device constructed, installed, or modified as part of a surface coal mining

operation that is operated under a permit issued under IC 14-34.

SOURCE: IC 13-15-1-3; (12)ES0130.2.34. -->     SECTION 34. IC 13-15-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The solid waste management board shall establish requirements for the issuance of permits to control solid waste, hazardous waste, and atomic radiation, including the following:
        (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.
SOURCE: IC 13-15-2-1; (12)ES0130.2.35. -->     SECTION 35. IC 13-15-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) Each The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to establish requirements and procedures for the issuance of permits.
    (b) In rules for the issuance of permits, each the board may do the following:
        (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.
SOURCE: IC 13-15-2-2; (12)ES0130.2.36. -->     SECTION 36. IC 13-15-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. (a) The boards board may adopt rules under IC 4-22-2 and IC 13-14-9 to allow the department to issue permits that do the following:
        (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.

SOURCE: IC 13-15-3-5; (12)ES0130.2.37. -->     SECTION 37. IC 13-15-3-5, AS AMENDED BY P.L.78-2009,

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.

SOURCE: IC 13-15-3-6; (12)ES0130.2.38. -->     SECTION 38. IC 13-15-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a) When a person holding a valid permit concerning an activity of a continuing nature has made a timely and sufficient application for a renewal or a new permit in accordance with rules of one (1) of the boards, board, the existing permit does not expire until a final determination on the application has been made by the department. However, the commissioner may seek injunctive relief with regard to the continuing activity of the permit applicant while the permit application is pending if the continuing activity of the permit applicant constitutes a threat to the public health, safety, or welfare.
    (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.
SOURCE: IC 13-15-4-6; (12)ES0130.2.39. -->     SECTION 39. IC 13-15-4-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a) Notwithstanding the periods specified in sections 1 through 4 of this chapter and this section, a person proposing to construct, modify, or operate any equipment, facility, or pollution control device that is demonstrated to achieve pollution control or pollution prevention in

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.

SOURCE: IC 13-15-7-4; (12)ES0130.2.40. -->     SECTION 40. IC 13-15-7-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. (a) This section applies to a facility that:
        (1) has been issued an operating permit by the air pollution board; or
        (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 air pollution control board shall adopt rules under IC 4-22-2 and IC 13-14-9 as part of the operating permit program established under 42 U.S.C. 7661 through 7661f providing that a facility may make changes without a permit revision if the following conditions exist:
        (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 air pollution control board may adopt rules that provide a different period for notifications that involve emergency situations.
SOURCE: IC 13-15-9-2; (12)ES0130.2.41. -->     SECTION 41. IC 13-15-9-2 IS AMENDED TO READ AS

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.

SOURCE: IC 13-15-9-3; (12)ES0130.2.42. -->     SECTION 42. IC 13-15-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. A person proposing to construct:
        (1) a nuclear powered generating facility; or
        (2) a nuclear fuel reprocessing plant;
shall file with the technical secretary of each board an environmental feasibility report, on a form prescribed by the boards, board, concurrently with the filing of the preliminary safety analysis required to be filed with the United States Atomic Energy Commission.
SOURCE: IC 13-15-9-4; (12)ES0130.2.43. -->     SECTION 43. IC 13-15-9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. (a) The commissioner, on behalf of each the board, may conduct a public hearing at a time and place to be determined by the department on the environmental effects of the proposed operation.
    (b) A person affected by the proposed construction may participate in the hearing to the extent and in the manner that the board prescribes.
SOURCE: IC 13-15-9-5; (12)ES0130.2.44. -->     SECTION 44. IC 13-15-9-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) Each The board shall adopt rules and standards under section 2 of this chapter to protect the citizens of Indiana from the hazards of radiation.
    (b) Each permit required under this chapter according to rules adopted by the boards board must specify the maximum allowable level of radioactive discharge.
    (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.
SOURCE: IC 13-15-10-1; (12)ES0130.2.45. -->     SECTION 45. IC 13-15-10-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The solid waste management board shall adopt rules to establish a department operated

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.

SOURCE: IC 13-15-10-3; (12)ES0130.2.46. -->     SECTION 46. IC 13-15-10-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) The waste facility operator trust fund is established. The solid waste management board shall deposit fees collected under this chapter in the fund.
    (b) Money in the fund shall be used for paying the expenses of the training and certification program described in this chapter.
SOURCE: IC 13-15-10-4; (12)ES0130.2.47. -->     SECTION 47. IC 13-15-10-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 4. The solid waste management board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. The rules must include the following:
        (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 solid waste management board approves to serve as a training program that this chapter requires. A recognized training program may be offered by an employer or by any other provider.
        (4) Recognition of an interim period for which existing facility operators must obtain certification.
SOURCE: IC 13-15-10-5; (12)ES0130.2.48. -->     SECTION 48. IC 13-15-10-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) The solid waste management board shall establish by rule and cause to be collected fees for the following:
        (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 solid waste management board that sets a fee for miscellaneous expenses incurred by the department

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.

SOURCE: IC 13-15-10-6; (12)ES0130.2.49. -->     SECTION 49. IC 13-15-10-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. (a) For the payment of fees under this chapter, the solid waste management board shall accept cash, a draft, a money order, a cashier's check, and a certified or other personal check.
    (b) If:
        (1) the solid waste management board receives an uncertified personal check for the payment of a fee; and
        (2) the check does not clear the bank;
the solid waste management board may void the license, registration, or certificate for which the check was received.
    (c) Unless designated by rule, a fee is not refundable or transferable.
SOURCE: IC 13-15-11-1; (12)ES0130.2.50. -->     SECTION 50. IC 13-15-11-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The environmental management permit operation fund is established for the purpose of providing money for permitting and directly associated activities of the following programs of the department and boards: the board:
        (1) National Pollutant Discharge Elimination System program.
        (2) Solid waste program.
        (3) Hazardous waste program.
        (4) Safe drinking water program.
SOURCE: IC 13-16-1-1; (12)ES0130.2.51. -->     SECTION 51. IC 13-16-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. This chapter applies to fees established under this title by any of the following: the board.
        (1) The air pollution control board.
        (2) The water pollution control board.
        (3) The solid waste management board.
SOURCE: IC 13-16-1-3; (12)ES0130.2.52. -->     SECTION 52. IC 13-16-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. A fee established by one (1) of the boards board under this chapter for a type or class of permit may be based on the average of the costs specified in section 2 of this chapter for all permits of that type or class.
SOURCE: IC 13-16-1-4; (12)ES0130.2.53. -->     SECTION 53. IC 13-16-1-4 IS AMENDED TO READ AS

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.

SOURCE: IC 13-17-1-1; (12)ES0130.2.54. -->     SECTION 54. IC 13-17-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. It is the intent and purpose of air pollution control laws to maintain the purity of the air resource of Indiana, which shall be consistent with protection of the public health and welfare and the public enjoyment of the air resource, physical property and other resources, flora and fauna, maximum employment, and full industrial development of Indiana. The air pollution control board and the department shall safeguard the air resource through the prevention, abatement, and control of air pollution by all practical and economically feasible methods.
SOURCE: IC 13-17-2; (12)ES0130.2.55. -->     SECTION 55. IC 13-17-2 IS REPEALED [EFFECTIVE JANUARY 1, 2013]. (Establishment of Air Pollution Control Board).
SOURCE: IC 13-17-3-6; (12)ES0130.2.56. -->     SECTION 56. IC 13-17-3-6 IS REPEALED [EFFECTIVE JANUARY 1, 2013]. Sec. 6. The board shall develop operating policies governing the implementation of air pollution control laws by the commissioner.
SOURCE: IC 13-17-3-11; (12)ES0130.2.57. -->     SECTION 57. IC 13-17-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 11. The board may adopt rules under IC 4-22-2 and IC 13-14-9 under discretionary authority granted to the state by:
        (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.
SOURCE: IC 13-17-5-1; (12)ES0130.2.58. -->     SECTION 58. IC 13-17-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The air pollution control board may adopt rules for the control of emissions from vehicles. However, the board must, before adopting the rules, forward to each member of the general assembly a copy of the proposed rules. The rules may prescribe requirements for the following:
        (1) The installation and use of equipment designed to reduce or eliminate emissions.
        (2) The proper maintenance of that equipment and of vehicles.
SOURCE: IC 13-17-8-3; (12)ES0130.2.59. -->     SECTION 59. IC 13-17-8-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The air pollution control board shall adopt fees to be collected under the

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.

SOURCE: IC 13-17-13-1; (12)ES0130.2.60. -->     SECTION 60. IC 13-17-13-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The air pollution control board may adopt rules under IC 4-22-2 and IC 13-14-9 to establish categories of sources or facilities that may be effectively restricted through specific requirements established by the rules to emit less than the amount of air pollutants for which a Title V air operating permit is required.
SOURCE: IC 13-18-1; (12)ES0130.2.61. -->     SECTION 61. IC 13-18-1 IS REPEALED [EFFECTIVE JANUARY 1, 2013]. (Establishment of Water Pollution Control Board).
SOURCE: IC 13-18-3-1; (12)ES0130.2.62. -->     SECTION 62. IC 13-18-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The water pollution control board shall adopt rules for the control and prevention of pollution in waters of Indiana with any substance:
        (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.

SOURCE: IC 13-18-3-3; (12)ES0130.2.63. -->     SECTION 63. IC 13-18-3-3 IS REPEALED [EFFECTIVE JANUARY 1, 2013]. Sec. 3. The board shall develop operating policies governing the implementation of the water pollution control laws by the department.
SOURCE: IC 13-18-3-12; (12)ES0130.2.64. -->     SECTION 64. IC 13-18-3-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 12. The water pollution control board shall adopt rules providing that whenever a person submits plans to a unit concerning the design or construction of:
        (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 water pollution control board are met;
the plans are not required to be submitted to any state agency for a permit, permission, or review, unless required by federal law.
SOURCE: IC 13-18-11-1.5; (12)ES0130.2.65. -->     SECTION 65. IC 13-18-11-1.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1.5. The department board shall adopt regulations to implement certification programs for operators of water treatment plants or water distribution systems. The certification program for the operators shall be classified in accordance with the complexity, size, and source of the water for the treatment system and the complexity and size for the distribution system.
SOURCE: IC 13-18-12-1; (12)ES0130.2.66. -->     SECTION 66. IC 13-18-12-1, AS AMENDED BY P.L.159-2011, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The water pollution control board and the department shall regulate persons who provide septage management services.
SOURCE: IC 13-18-12-2.5; (12)ES0130.2.67. -->     SECTION 67. IC 13-18-12-2.5, AS ADDED BY P.L.223-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

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; and
        (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.
SOURCE: IC 13-19-2; (12)ES0130.2.68. -->     SECTION 68. IC 13-19-2 IS REPEALED [EFFECTIVE JANUARY 1, 2013]. (Establishment of Solid Waste Management Board).
SOURCE: IC 13-19-3-1; (12)ES0130.2.69. -->     SECTION 69. IC 13-19-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The solid waste management board shall do the following:
        (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.
SOURCE: IC 13-19-3-7; (12)ES0130.2.70. -->     SECTION 70. IC 13-19-3-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The department and the boards board shall allow a person to use foundry sand that meets Type III criteria under 329 IAC 10-9 for the following activities in accordance with guidance without requiring the person to obtain any permits from the department:
        (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.

SOURCE: IC 13-19-4-10; (12)ES0130.2.71. -->     SECTION 71. IC 13-19-4-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter.
SOURCE: IC 13-20-1-5; (12)ES0130.2.72. -->     SECTION 72. IC 13-20-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. The solid waste management board shall adopt rules under IC 4-22-2 and IC 13-14-9

to implement this chapter.

SOURCE: IC 13-20-2-7; (12)ES0130.2.73. -->     SECTION 73. IC 13-20-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The solid waste management board may adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter.
SOURCE: IC 13-20-3-5; (12)ES0130.2.74. -->     SECTION 74. IC 13-20-3-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
SOURCE: IC 13-20-6-7; (12)ES0130.2.75. -->     SECTION 75. IC 13-20-6-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. (a) The department shall establish a uniform transfer station inspection program to protect the health of the residents of Indiana and the environment of Indiana:
        (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 solid waste management board.
    (b) The solid waste management board shall establish fees payable by the transfer stations inspected. The amount of a fee imposed for the inspection of a transfer station may not exceed the cost of time and materials directly expended by:
        (1) the department; or
        (2) a contractor hired by the department;
for conducting the inspection of the transfer station.
SOURCE: IC 13-20-8-1; (12)ES0130.2.76. -->     SECTION 76. IC 13-20-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The solid waste management board shall adopt rules under IC 4-22-2 and IC 13-14-9 to regulate the construction and operation of incinerators under IC 13-14-8. The rules must incorporate by reference pertinent rules adopted by the air pollution control board concerning air pollution control.
SOURCE: IC 13-20-8-5; (12)ES0130.2.77. -->     SECTION 77. IC 13-20-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 5. (a) The department, in accordance with IC 13-15, shall operate a permit program for all incinerators subject to regulation under the rules of the air pollution control board and the solid waste management board.
    (b) The department shall issue permits for an incinerator that is in compliance with construction and operating rules adopted by the solid waste management board and the air pollution control board.
    (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.

SOURCE: IC 13-20-9-3; (12)ES0130.2.78. -->     SECTION 78. IC 13-20-9-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. The solid waste management board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
SOURCE: IC 13-20-10-3; (12)ES0130.2.79. -->     SECTION 79. IC 13-20-10-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. To register a composting facility for vegetative matter with the department, a person must submit an application to the department that contains the following:
        (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 solid waste management board requires by rule.
SOURCE: IC 13-20-10-10; (12)ES0130.2.80. -->     SECTION 80. IC 13-20-10-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 10. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
SOURCE: IC 13-20-13-9; (12)ES0130.2.81. -->     SECTION 81. IC 13-20-13-9, AS AMENDED BY P.L.204-2007, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 9. (a) The department may use money in the fund to assist the department in:
        (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.

SOURCE: IC 13-20-14-1; (12)ES0130.2.82. -->     SECTION 82. IC 13-20-14-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) Except as provided in:
        (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 solid waste management board shall adopt rules that allow for the incidental disposal of small amounts of whole waste tires at solid waste landfills.
    (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.
SOURCE: IC 13-20-14-6; (12)ES0130.2.83. -->     SECTION 83. IC 13-20-14-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. The solid waste management board shall adopt rules under IC 4-22-2 and IC 13-14-8 IC 13-14-9 to implement this chapter.
SOURCE: IC 13-20-14-9.5; (12)ES0130.2.84. -->     SECTION 84. IC 13-20-14-9.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 9.5. (a) Except as provided in rules adopted under subsection (c), an operator of a transfer station shall remove whole waste tires present in solid waste that is being transferred from a vehicle or container to another vehicle or container at the transfer station.
    (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 solid waste management board shall adopt rules that allow for the incidental transfer of small amounts of whole waste tires under subsection (a).
    (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.
SOURCE: IC 13-20-15-1; (12)ES0130.2.85. -->     SECTION 85. IC 13-20-15-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. The solid waste management board department shall administer and implement this chapter to protect the public health, safety, and welfare from the toxic effects and environmental dangers of PCB. The board shall adopt the rules required by this chapter under IC 4-22-2 and IC 13-14-9.
SOURCE: IC 13-22-2-2; (12)ES0130.2.86. -->     SECTION 86. IC 13-22-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 2. The solid waste management board shall adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter through IC 13-22-8, IC 13-22-11.5, and IC 13-22-13 through IC 13-22-14.
SOURCE: IC 13-22-2-6; (12)ES0130.2.87. -->     SECTION 87. IC 13-22-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 6. The board shall do the following:
        (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.
SOURCE: IC 13-22-2-7; (12)ES0130.2.88. -->     SECTION 88. IC 13-22-2-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The board shall adopt rules under IC 4-22-2 and IC 13-14-9 setting standards for corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a hazardous waste facility. The standards must require that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment, unless the owner or operator of the facility concerned demonstrates to the satisfaction of the commissioner that, despite the best efforts of the owner or operator, the owner or operator is unable to obtain the necessary permission to undertake that action. The rules adopted under this section apply to the following:
        (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.

SOURCE: IC 13-22-8-1; (12)ES0130.2.89. -->     SECTION 89. IC 13-22-8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) The solid waste management board shall adopt rules under IC 4-22-2 and IC 13-14-9 on standards of financial responsibility for the following:
        (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.
SOURCE: IC 13-23-1-1; (12)ES0130.2.90. -->     SECTION 90. IC 13-23-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) The department shall establish and operate an underground storage tank release detection, prevention, and correction program under this article according to rules adopted by the solid waste management board.
    (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.
SOURCE: IC 13-25-4-7; (12)ES0130.2.91. -->     SECTION 91. IC 13-25-4-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The solid waste management board shall adopt rules establishing criteria for determining the commissioner's priorities in selecting hazardous substance response sites. Until these rules have been adopted, the commissioner shall give priority to those sites presenting a significant threat to public health and environment.
SOURCE: IC 13-27-8-3; (12)ES0130.2.92. -->     SECTION 92. IC 13-27-8-3, AS ADDED BY P.L.100-2006, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. (a) The following boards may adopt rules to implement this chapter to the extent consistent with federal law:
        (1) The boards. board.
        (2) The underground storage tank financial assurance board established by IC 13-23-11-1.
    (b) The rules adopted by the entities under subsection (a) may establish the following:
        (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.
SOURCE: IC 13-28-1-3; (12)ES0130.2.93. -->     SECTION 93. IC 13-28-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 3. Each of the regulatory boards within the department The board may adopt rules under IC 4-22-2 and IC 13-14-9 as required to implement the compliance program described in this article.
SOURCE: IC 13-29-1-13; (12)ES0130.2.94. -->     SECTION 94. IC 13-29-1-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 13. The solid waste management board shall adopt under IC 4-22-2 and IC 13-14-9 the rules necessary to implement this chapter.
SOURCE: IC 13-30-2-1; (12)ES0130.2.95. -->     SECTION 95. IC 13-30-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. A person may not do any of the following:
        (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 appropriate board under the environmental management laws.
        (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 one (1) of the boards. board.
        (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 solid waste management board.
        (5) Dump or cause or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board.
        (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 appropriate board may approve experimental uses of any equipment, facility, or pollution control device that is considered necessary for the further development of the state of the art of pollution control.
        (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 air pollution control board.
        (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.
SOURCE: IC 13-30-3-11; (12)ES0130.2.96. -->     SECTION 96. IC 13-30-3-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 11. An order of the commissioner under this chapter may do any of the following:
        (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 one (1) of the boards. board.
            (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.
SOURCE: IC 13-30-4-1; (12)ES0130.2.97. -->     SECTION 97. IC 13-30-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) Subject to IC 13-14-6 and except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who violates:
        (1) any provision of:
            (A) environmental management laws;
            (B) air pollution control laws;
            (C) water pollution control laws;
            (D) IC 13-18-14-1; or
            (E) a rule or standard adopted by one (1) of the boards; board; or
             (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.
SOURCE: IC 13-30-7-7; (12)ES0130.2.98. -->     SECTION 98. IC 13-30-7-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 7. The boards following shall adopt rules under IC 4-22-2 and IC 13-14-9 to administer this chapter:
         (1) The board.
        (2) The underground storage tank financial assurance board.

SOURCE: IC 16-18-2-372; (12)ES0130.2.99. -->     SECTION 99. IC 16-18-2-372 IS AMENDED TO READ AS

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.

SOURCE: IC 16-20-5-1; (12)ES0130.2.100. -->     SECTION 100. IC 16-20-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2013]: Sec. 1. (a) If a multiple county sewer, water, wastewater, or similar district has been established under IC 13-26 or IC 13-3-2 (before its repeal), the affected counties may by concurrent resolution of each county executive establish an area board of health for the sole purposes of administering and enforcing, consistent with environmental management laws (as defined in IC 13-11-2-71), all state and local environmental statutes, rules, and ordinances relative to the maintenance of a high quality environmental level in the district.
    (b) Area boards of health created under this chapter have jurisdiction with the boards identified in IC 13-11-2-18 board established under IC 13-13-8 and the department of environmental management within the uniform inspection and enforcement area established under section 5 of this chapter.

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