CHAPTER 2. DEFINITIONS
IC 13-11-2
Chapter 2. Definitions
IC 13-11-2-0.5
Repealed
(Repealed by P.L.57-2009, SEC.18.)
IC 13-11-2-0.7
"ABS sensor"
Sec. 0.7. "ABS sensor", for purposes of IC 13-20-17.7, refers to
an anti-lock braking system G-force sensor.
As added by P.L.114-2008, SEC.4.
IC 13-11-2-1
"Active area"
Sec. 1. "Active area", for purposes of IC 13-20-10, means:
(1) the raw compostable matter storage area;
(2) the composting matter area;
(3) the compost curing area; or
(4) the compost storage area;
of a composting facility for vegetative matter.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-1.5
"Acute hazardous waste"
Sec. 1.5. "Acute hazardous waste", for purposes of
IC 13-22-4-3.1, has the meaning set forth in 40 CFR Part 261.
As added by P.L.143-2000, SEC.1. Amended by P.L.1-2001, SEC.10.
IC 13-11-2-2
"Administrator"
Sec. 2. "Administrator" refers to the administrator of the United
States Environmental Protection Agency.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-3
"Air contaminant"
Sec. 3. "Air contaminant", for purposes of air pollution control
laws, means:
(1) dust;
(2) fumes;
(3) gas;
(4) mist;
(5) smoke;
(6) vapor; or
(7) any combination of the items described in subdivisions (1)
through (6).
As added by P.L.1-1996, SEC.1.
IC 13-11-2-4
"Air contaminant source"
Sec. 4. (a) "Air contaminant source", for purposes of air pollution
control laws, means all sources of emission of air contaminants,
whether privately or publicly owned or operated.
(b) The term includes the following:
(1) All types of business, commercial and industrial plants,
works, shops, stores, heating plants, powerplants, and power
stations.
(2) Buildings and other structures of all types, including single
and multiple family residences, apartments, houses, office
buildings, public buildings, hotels, restaurants, schools,
hospitals, churches, and other institutional buildings.
(3) Automobiles, trucks, tractors, buses, and other motor
vehicles.
(4) Garages.
(5) Vending and service locations and stations and railroad
locomotives.
(6) Ships, boats, and other watercraft.
(7) Portable fuel-burning equipment.
(8) Incinerators of all types, indoor and outdoor.
(9) Refuse dumps and piles.
(10) All stack and other chimney outlets from any of the items
described in subdivisions (1) through (9).
As added by P.L.1-1996, SEC.1.
IC 13-11-2-5
"Air pollution"
Sec. 5. "Air pollution", for purposes of air pollution control laws
and environmental management laws, means the presence in or the
threatened discharge into the atmosphere of one (1) or more
contaminants in sufficient quantities and of the characteristics and
duration that:
(1) is injurious to or threatens to be injurious to human health,
plant or animal life, or property; or
(2) interferes unreasonably with the enjoyment of life or
property.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-6
"Air pollution control laws"
Sec. 6. "Air pollution control laws" refers to IC 13-17, except for
the following:
(1) IC 13-17-3-15.
(2) IC 13-17-7.
(3) IC 13-17-8-10.
(4) IC 13-17-9.
(5) IC 13-17-10.
(6) IC 13-17-11.
(7) IC 13-17-13.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-7
"Alternative PCB technology"
Sec. 7. "Alternative PCB technology", for purposes of
IC 13-17-10, means a technology for the treatment and disposal of
PCB that presents:
(1) an actual; or
(2) a potential;
alternative to incineration.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-7.5
"Antique"
Sec. 7.5. "Antique", for purposes of IC 13-20-17.5, refers to a
product manufactured before 1980.
As added by P.L.225-2001, SEC.1.
IC 13-11-2-8
"Applicant"
Sec. 8. (a) "Applicant", for purposes of IC 13-11-2-191 and
IC 13-18-10, refers to a person (as defined in section 158(b) of this
chapter) that submits an application to the department under
IC 13-18-10-2.
(b) "Applicant", for purposes of IC 13-19-4, means an individual,
a corporation, a limited liability company, a partnership, or a
business association that:
(1) receives, for commercial purposes, solid or hazardous waste
generated offsite for storage, treatment, processing, or disposal;
and
(2) applies for the issuance, transfer, or major modification of
a permit described in IC 13-15-1-3 other than a postclosure
permit or an emergency permit.
For purposes of this subsection, an application for the issuance of a
permit does not include an application for renewal of a permit.
(c) "Applicant", for purposes of IC 13-20-2, means an individual,
a corporation, a limited liability company, a partnership, or a
business association that applies for an original permit for the
construction or operation of a landfill.
(d) For purposes of subsection (b), "applicant" does not include
an individual, a corporation, a limited liability company, a
partnership, or a business association that:
(1) generates solid or hazardous waste; and
(2) stores, treats, processes, or disposes of the solid or
hazardous waste at a site that is:
(A) owned by the individual, corporation, partnership, or
business association; and
(B) limited to the storage, treatment, processing, or disposal
of solid or hazardous waste generated by that individual,
corporation, limited liability company, partnership, or
business association.
As added by P.L.1-1996, SEC.1. Amended by P.L.154-2005, SEC.1;
P.L.127-2009, SEC.1.
IC 13-11-2-9
"Application"
Sec. 9. "Application", for purposes of IC 13-15-4 and
IC 13-15-12, means an application for a:
(1) permit; or
(2) determination related to a permit;
that is described in IC 13-15-4-1.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-10
"Asbestos"
Sec. 10. "Asbestos", for purposes of IC 13-17-6, means an
asbestiform variety of the following:
(1) Chrysotile (serpentine).
(2) Crocidolite (riebeckite).
(3) Amosite (cummingtonite-grunerite).
(4) Anthophyllite.
(5) Tremolite.
(6) Actinolite.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-11
"Asbestos containing material"
Sec. 11. (a) "Asbestos containing material", for purposes of
IC 13-17-6, means material that contains more than one percent (1%)
asbestos by area and that:
(1) is friable; or
(2) has a reasonable probability of becoming friable in the
course of ordinary or anticipated use of the building containing
the material.
(b) The term does not include asbestos containing resilient floor
covering materials, including:
(1) sheet vinyl flooring;
(2) resilient tile; and
(3) associated adhesives;
unless the materials are sanded, beadblasted, or mechanically
pulverized so that visible asbestos emissions are discharged.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-12
"Asbestos contractor"
Sec. 12. "Asbestos contractor", for purposes of IC 13-17-6, means
an individual, a partnership, a corporation, a sole proprietorship, an
unincorporated association, a franchise, an enterprise, or any other
entity that enters into one (1) or more contracts providing for the
individual or entity to engage in the inspection, management, or
abatement of asbestos containing material for compensation.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-13
"Asbestos project"
Sec. 13. "Asbestos project", for purposes of IC 13-17-6, means an
activity involving the:
(1) abatement;
(2) removal;
(3) renovation;
(4) enclosure;
(5) repair; or
(6) encapsulation;
of asbestos containing material.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-14
"Assistance"
Sec. 14. "Assistance", for purposes of IC 13-14-10-3, means
supplies, materials, services, and equipment to:
(1) prevent the discharge of any contaminant; or
(2) control, contain, isolate, neutralize, remove, store, or
dispose of any contaminant already discharged into or on the
air, land, or waters of Indiana.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-15
"Assistant commissioner"
Sec. 15. "Assistant commissioner", for purposes of IC 13-27,
refers to the individual appointed by the commissioner under
IC 13-27-2-2 to the highest position in the division of pollution
prevention.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-15.5
"ASTM"
Sec. 15.5. "ASTM" refers to the American Society for Testing and
Materials.
As added by P.L.215-2003, SEC.3.
IC 13-11-2-16
"Authority"
Sec. 16. (a) "Authority", for purposes of IC 13-22-10, refers to the
Indiana hazardous waste facility site approval authority.
(b) "Authority", for purposes of IC 13-18-13, IC 13-18-21, and
IC 13-19-5, refers to the Indiana finance authority created under
IC 4-4-11.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.3;
P.L.59-1997, SEC.2; P.L.14-2001, SEC.1; P.L.235-2005, SEC.126.
IC 13-11-2-16.3
"Automotive salvage recycler"
Sec. 16.3. (a) "Automotive salvage recycler", for purposes of this
chapter, means a business that:
(1) acquires damaged, inoperative, discarded, abandoned, or
salvage motor vehicles, or their remains, as stock-in-trade;
(2) dismantles and processes the vehicles or remains for the
reclamation and sale of reusable components and parts; and
(3) disposes of recyclable materials to a scrap metal processor
or other appropriate facility.
(b) This section expires on the date IC 13-20-17.7 expires under
IC 13-20-17.7-9.
As added by P.L.170-2006, SEC.2.
IC 13-11-2-16.5
"Automobile scrapyard"
Sec. 16.5. (a) "Automobile scrapyard", for purposes of this
chapter, means a business organized for any of the following
purposes:
(1) Processing scrap metal.
(2) Wrecking automobiles.
(3) Operating a junkyard.
(b) This section expires on the date IC 13-20-17.7 expires under
IC 13-20-17.7-9.
As added by P.L.170-2006, SEC.3.
IC 13-11-2-17
"Board"
Sec. 17. (a) "Board", except as provided in subsections (b)
through (i), refers to:
(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 13-13-6, refers to the northwest
Indiana advisory board.
(c) "Board", for purposes of IC 13-17, refers to the air pollution
control board.
(d) "Board", for purposes of IC 13-18, refers to the water
pollution control board.
(e) "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.
(f) "Board", for purposes of IC 13-21, refers to the board of
directors of a solid waste management district.
(g) "Board", for purposes of IC 13-23-11, refers to the
underground storage tank financial assurance board.
(h) "Board", for purposes of IC 13-26, refers to the board of
trustees of a regional water, sewage, or solid waste district.
(i) "Board", for purposes of IC 13-27 and IC 13-27.5, refers to the
clean manufacturing technology board.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.1;
P.L.1-2002, SEC.61; P.L.2-2005, SEC.52.
IC 13-11-2-18
"Boards"
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.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-19
"Broker"
Sec. 19. "Broker", for purposes of IC 13-20-4 and IC 13-20-6,
means a person who is in the business of making arrangements for
the transportation of municipal waste that was generated by another
person.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-19.3
"Brownfield"
Sec. 19.3. "Brownfield" means a parcel of real estate:
(1) that:
(A) is abandoned or inactive; or
(B) may not be operated at its appropriate use; and
(2) on which expansion, redevelopment, or reuse is
complicated;
because of the presence or potential presence of a hazardous
substance, a contaminant, petroleum, or a petroleum product that
poses a risk to human health and the environment.
As added by P.L.59-1997, SEC.3. Amended by P.L.203-2003, SEC.1.
IC 13-11-2-19.5
"Budget agency"
Sec. 19.5. "Budget agency" refers to the budget agency created
under IC 4-12-1-3.
As added by P.L.59-1997, SEC.4.
IC 13-11-2-20
"Business"
Sec. 20. "Business", for purposes of IC 13-27, means a person that
carries on a business or commercial operation in Indiana.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-21
"Business organization"
Sec. 21. "Business organization", for purposes of IC 13-27, means
an organization whose members include businesses.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-22
"Byproduct material"
Sec. 22. "Byproduct material", for purposes of IC 13-22-10, has
the meaning set forth in section 11e. (2) of the Atomic Energy Act of
1954 (42 U.S.C. 2014(e)(2)), as in effect on January 1, 1987.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.4.
IC 13-11-2-23
"Care"
Sec. 23. "Care", for purposes of IC 13-29-1, means the continued
observation of a facility after closure for the purposes of detecting a
need for maintenance, ensuring environmental safety, and
determining compliance with applicable licensure and regulatory
requirements and including the correction of problems which are
detected as a result of that observation.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-23.5
"Cathode ray tube"
Sec. 23.5. "Cathode ray tube", for purposes of this chapter, means
a vacuum tube or picture tube designed to convert an electronic
signal into a visual image.
As added by P.L.178-2009, SEC.3.
IC 13-11-2-24
"CERCLA"
Sec. 24. "CERCLA", for purposes of IC 13-25-4, refers to the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended by the Superfund Amendments
and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.), as in
effect on January 1, 1987.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-25
"Chemical munition"
Sec. 25. "Chemical munition", for purposes of IC 13-22-3-10,
means any of the following:
(1) GA (Ethyl-N, N-dimethyl phosphoramidocyanidate).
(2) GB (Isopropyl methyl phosphonoflouridate).
(3) H, HD (Bis(2-chloroethyl) sulfide).
(4) HT (Sixty percent (60%) HD and forty percent (40%) T
(Bis[2(2-chloroethyl-thio)ethyl]ester)).
(5) L (Dichloro(2-chlorovinyl)arsine).
(6) VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl
phosphonothiolate).
As added by P.L.1-1996, SEC.1.
IC 13-11-2-25.5
Repealed
(Repealed by P.L.57-2009, SEC.18.)
IC 13-11-2-25.7
"Claimant"
Sec. 25.7. "Claimant", as used in IC 13-23-8 and IC 13-23-9,
refers to a person that submits a claim under IC 13-23-8-1.
As added by P.L.14-2001, SEC.2.
IC 13-11-2-25.8
"Class I wetland"; Class II wetland"; Class III wetland"
Sec. 25.8. (a) For purposes of IC 13-18:
(1) "Class I wetland" means an isolated wetland described by
one (1) or both of the following:
(A) At least fifty percent (50%) of the wetland has been
disturbed or affected by human activity or development by
one (1) or more of the following:
(i) Removal or replacement of the natural vegetation.
(ii) Modification of the natural hydrology.
(B) The wetland supports only minimal wildlife or aquatic
habitat or hydrologic function because the wetland does not
provide critical habitat for threatened or endangered species
listed in accordance with the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and the wetland is
characterized by at least one (1) of the following:
(i) The wetland is typified by low species diversity.
(ii) The wetland contains greater than fifty percent (50%)
areal coverage of non-native invasive species of
vegetation.
(iii) The wetland does not support significant wildlife or
aquatic habitat.
(iv) The wetland does not possess significant hydrologic
function;
(2) "Class II wetland" means:
(A) an isolated wetland that is not a Class I or Class III
wetland; or
(B) a type of wetland listed in subdivision (3)(B) that would
meet the definition of Class I wetland if the wetland were
not a rare or ecologically important type; and
(3) "Class III wetland" means an isolated wetland:
(A) that is located in a setting undisturbed or minimally
disturbed by human activity or development and that
supports more than minimal wildlife or aquatic habitat or
hydrologic function; or
(B) unless classified as a Class II wetland under subdivision
(2)(B), that is of one (1) of the following rare and
ecologically important types:
(i) Acid bog.
(ii) Acid seep.
(iii) Circumneutral bog.
(iv) Circumneutral seep.
(v) Cypress swamp.
(vi) Dune and swale.
(vii) Fen.
(viii) Forested fen.
(ix) Forested swamp.
(x) Marl beach.
(xi) Muck flat.
(xii) Panne.
(xiii) Sand flat.
(xiv) Sedge meadow.
(xv) Shrub swamp.
(xvi) Sinkhole pond.
(xvii) Sinkhole swamp.
(xviii) Wet floodplain forest.
(xix) Wet prairie.
(xx) Wet sand prairie.
(b) For purposes of this section, a wetland or setting is not
considered disturbed or affected as a result of an action taken after
January 1, 2004, for which a permit is required under IC 13-18-22
but has not been obtained.
As added by P.L.282-2003, SEC.21. Amended by P.L.52-2004,
SEC.1.
IC 13-11-2-26
"Class 2 modification"
Sec. 26. "Class 2 modification", for purposes of IC 13-22-12,
refers to the modification classification system described under 40
CFR 270.42.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-27
"Class 3 modification"
Sec. 27. "Class 3 modification", for purposes of IC 13-22-12,
refers to the modification classification system described under 40
CFR 270.42.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-27.6
"Clean manufacturing"
Sec. 27.6. (a) “Clean manufacturing", for purposes of IC 13-12,
IC 13-27, and IC 13-27.5, means the employment by a manufacturer
of a practice that:
(1) reduces the manufacturing use of toxic materials; or
(2) reduces the environmental and health hazards associated
with an environmental waste without diluting or concentrating
the waste before the:
(A) recycling;
(B) release;
(C) handling;
(D) storage;
(E) transport;
(F) treatment; or
(G) disposal;
of the waste.
(b) The term includes changes in production technology,
materials, processes, operations, or procedures.
(c) The term does not include the following:
(1) A practice that is applied to an environmental waste after
the waste:
(A) is generated or comes into existence; or
(B) exits a production unit or operation.
(2) Waste burning in:
(A) industrial furnaces;
(B) boilers;
(C) smelters; or
(D) cement kilns;
for purposes of energy recovery.
(3) Waste shifting.
(4) Offsite recycling.
(5) Onsite recycling, including the following:
(A) Inprocess recycling.
(B) Inline recycling.
(C) Out-of-process recycling.
(D) Closed loop recycling.
(E) Any other onsite recycling method.
(6) Any other method of end-of-pipe management of
environmental wastes, including the following:
(A) Waste exchange.
(B) The incorporation or embedding of regulated
environmental wastes into products or byproducts.
As added by P.L.124-1997, SEC.2.
IC 13-11-2-28
Repealed
(Repealed by P.L.127-1997, SEC.2.)
IC 13-11-2-29
"Clean Water Act"
Sec. 29. "Clean Water Act", for purposes of this chapter,
IC 13-18-13, IC 13-18-22, and IC 13-18-23, refers to:
(1) 33 U.S.C. 1251 et seq.; and
(2) regulations adopted under 33 U.S.C. 1251 et seq.
As added by P.L.1-1996, SEC.1. Amended by P.L.282-2003, SEC.22.
IC 13-11-2-30
"Cleaning"
Sec. 30. "Cleaning", for purposes of IC 13-18-12, means:
(1) removal of wastewater from sewage disposal systems; and
(2) other actions incidental to that removal.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-31
"Coal mine permit"
Sec. 31. "Coal mine permit", for purposes of IC 13-18-20, refers
to a National Pollutant Discharge Elimination System (NPDES)
permit that involves the area on or beneath land used or distributed
in activity related to the extraction, removal, or recovery of coal from
natural deposits of coal.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-31.1
"Collection"
Sec. 31.1. (a) "Collection", for purposes of IC 13-20.5, means the
receipt of covered electronic devices from covered entities.
(b) The term includes all collection activities up to the time the
covered electronic devices are delivered to a recycler.
As added by P.L.178-2009, SEC.4.
IC 13-11-2-31.2
"Collector"
Sec. 31.2. (a) "Collector", for purposes of this chapter and
IC 13-20.5, means a public or private entity:
(1) that:
(A) receives covered electronic devices from covered
entities; and
(B) arranges for the delivery of the covered electronic
devices to a recycler; or
(2) that collects covered electronic devices directly from
covered entities, including curbside collection.
(b) The term does not include:
(1) the United States Postal Service; or
(2) any other parcel service;
that accepts packages and delivers them to collectors or recyclers
under a manufacturer's mailback program.
As added by P.L.178-2009, SEC.5.
IC 13-11-2-31.3
"Combined sewage"
Sec. 31.3. "Combined sewage", for purposes of sections 31.4 and
31.6 of this chapter and IC 13-18, refers to a combination of
wastewater (including domestic, commercial, or industrial
wastewater) and storm water transported in a combined sewer or
combined sewer system.
As added by P.L.140-2000, SEC.1.
IC 13-11-2-31.4
"Combined sewer"
Sec. 31.4. "Combined sewer", for purposes of sections 31.3, 31.6,
and 120.5 of this chapter, IC 13-14-9-14, and IC 13-18, means a
sewer that is designed, constructed, and used to receive and transport
combined sewage.
As added by P.L.140-2000, SEC.2. Amended by P.L.100-2006,
SEC.3.
IC 13-11-2-31.5
"Combined sewer operational plan"
Sec. 31.5. "Combined sewer operational plan", for purposes of
IC 13-18, means a plan that contains the minimum technology
controls applicable to, and requirements for operation and
maintenance of, a combined sewer system:
(1) before;
(2) during; and
(3) upon the completion of;
the implementation of a long term control plan.
As added by P.L.140-2000, SEC.3.
IC 13-11-2-31.6
"Combined sewer system"
Sec. 31.6. "Combined sewer system", for purposes of sections
31.3, 31.5, 43.5, and 120.5 of this chapter and IC 13-18, means a
system of combined sewers that:
(1) is designed, constructed, and used to receive and transport
combined sewage to a publicly owned wastewater treatment
plant; and
(2) may contain one (1) or more overflow points that discharge
combined sewage entering the publicly owned wastewater
treatment plant when the hydraulic capacity of the system or
part of the system is exceeded as a result of a wet weather
event.
As added by P.L.140-2000, SEC.4. Amended by P.L.1-2006,
SEC.197.
IC 13-11-2-32
"Commercial hazardous waste facility"
Sec. 32. "Commercial hazardous waste facility", for purposes of
IC 13-22-10, means a plant, structure, or site at which hazardous
waste, generated by:
(1) a person other than the owner or operator of the plant,
structure, or site; or
(2) the owner or operator of the plant, structure, or site as a
result of treatment or storage of wastes generated by persons
other than the owner or operator;
is received for treatment, storage, or disposal.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-33
"Commercial low level radioactive waste facility"
Sec. 33. "Commercial low level radioactive waste facility", for
purposes of IC 13-22-10, means a plant, structure, or site at which
low level radioactive waste, generated by:
(1) a person other than the owner or operator of the plant,
structure, or site; or
(2) the owner or operator of the plant, structure, or site as a
result of treatment or storage of low level radioactive wastes
generated by persons other than the owner or operator;
is received for treatment, storage, or disposal.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-34
"Commission"
Sec. 34. (a) "Commission", for purposes of IC 13-25-1 and
IC 13-25-2, refers to the Indiana emergency response commission.
(b) "Commission", for purposes of IC 13-29-1, means the
Midwest Interstate Low-Level Radioactive Waste Commission.
(c) "Commission", for purposes of IC 13-29-2-2 through
IC 13-29-2-7, refers to the Ohio River Valley Water Sanitation
Commission.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-35
"Commissioner"
Sec. 35. (a) "Commissioner", except as provided in subsection (b),
refers to the commissioner of the department of environmental
management.
(b) "Commissioner", for purposes of IC 13-29-2-2 through
IC 13-29-2-7, means a member of the Ohio River Valley Water
Sanitation Commission.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-35.5
"Community water system"
Sec. 35.5. "Community water system", for purposes of
IC 13-18-20.5, means a public water system:
(1) that:
(A) serves at least fifteen (15) service connections used by
year-round residents; or
(B) regularly serves at least twenty-five (25) year-round
residents; and
(2) in which:
(A) all the service connections are located on the same
parcel of real estate; or
(B) all the components of the system are connected.
As added by P.L.224-2003, SEC.128. Amended by P.L.61-2007,
SEC.1.
IC 13-11-2-36
"Compact"
Sec. 36. "Compact", for purposes of IC 13-29-2-2 through
IC 13-29-2-7, refers to the Ohio River Valley Water Sanitation
Compact.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-36.3
"Compensatory mitigation"
Sec. 36.3. "Compensatory mitigation", for purposes of
IC 13-18-22, means the:
(1) restoration; or
(2) creation;
of wetlands to offset or compensate for a loss of wetlands resulting
from an authorized wetland activity. Wetlands enlargement,
enhancement, and preservation may be considered compensatory
mitigation on a case-by-case basis, particularly for Class III wetlands.
As added by P.L.282-2003, SEC.23.
IC 13-11-2-36.5
Repealed
(Repealed by P.L.57-2009, SEC.18.)
IC 13-11-2-37
"Compost"
Sec. 37. "Compost", for purposes of IC 13-20-10, means the
product:
(1) produced by the process of composting vegetative matter
and other types of organic material; and
(2) that may be used:
(A) as a soil conditioner;
(B) as a cover material for a solid waste landfill; or
(C) for another use approved by the department.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-38
"Composting"
Sec. 38. (a) "Composting", for purposes of IC 13-20-9 and
IC 13-20-10, means the biological treatment process by which
microorganisms decompose the organic component of vegetative
matter and other types of organic material.
(b) "Composting", for purposes of IC 13-21, means an aerobic
degradation process by which plant and other organic wastes
decompose under controlled conditions to produce a usable product.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-38.1
"Computer"
Sec. 38.1. (a) "Computer", for purposes of this chapter and
IC 13-20.5, means an electronic, a magnetic, an optical, an
electrochemical, or other high speed data processing device
performing logical, arithmetic, or storage functions.
(b) The term does not include the following:
(1) An automated typewriter or typesetter.
(2) A portable handheld calculator or device, or other similar
device.
As added by P.L.178-2009, SEC.6.
IC 13-11-2-38.2
"Computer monitor"
Sec. 38.2. (a) "Computer monitor", for purposes of this chapter
and IC 13-20.5, means an electronic device that is:
(1) a cathode ray tube or flat panel display; and
(2) primarily intended to display information from a central
processing unit or the Internet.
(b) The term includes a laptop computer.
As added by P.L.178-2009, SEC.7.
IC 13-11-2-38.3
"Concentrated animal feeding operation" or "CAFO"
Sec. 38.3. "Concentrated animal feeding operation" or "CAFO",
for purposes of IC 13-18-10 and IC 13-18-20, has the meaning set
forth in 40 CFR 122.23.
As added by P.L.24-2004, SEC.2.
IC 13-11-2-38.5
"Conditionally exempt small quantity generator waste"
Sec. 38.5. "Conditionally exempt small quantity generator waste",
for purposes of IC 13-20-20 and IC 13-25-4, means waste generated
by a conditionally exempt small quantity generator (as defined in 40
CFR 261.5).
As added by P.L.237-1999, SEC.1.
IC 13-11-2-39
"Confined feeding"
Sec. 39. (a) "Confined feeding", for purposes of IC 13-18-10,
means the confined feeding of animals for food, fur, or pleasure
purposes in lots, pens, ponds, sheds, or buildings where:
(1) animals are confined, fed, and maintained for at least
forty-five (45) days during any twelve (12) month period; and
(2) ground cover or vegetation is not sustained over at least fifty
percent (50%) of the animal confinement area.
(b) The term does not include the following:
(1) A livestock market:
(A) where animals are assembled from at least two (2)
sources to be publicly auctioned or privately sold on a
commission basis; and
(B) that is under state or federal supervision.
(2) A livestock sale barn or auction market where animals are
kept for not more than ten (10) days.
As added by P.L.1-1996, SEC.1. Amended by P.L.125-1997, SEC.1.
IC 13-11-2-40
"Confined feeding operation"
Sec. 40. "Confined feeding operation", for purposes of
IC 13-18-10, means:
(1) any confined feeding of:
(A) at least three hundred (300) cattle;
(B) at least six hundred (600) swine or sheep;
(C) at least thirty thousand (30,000) fowl; or
(D) at least five hundred (500) horses.
(2) any animal feeding operation electing to be subject to
IC 13-18-10; or
(3) any animal feeding operation that is causing a violation of:
(A) water pollution control laws;
(B) any rules of the water pollution control board; or
(C) IC 13-18-10.
A determination by the department under this subdivision is
appealable under IC 4-21.5.
As added by P.L.1-1996, SEC.1. Amended by P.L.125-1997, SEC.2;
P.L.81-2009, SEC.1; P.L.127-2009, SEC.2.
IC 13-11-2-40.8
"Construction"
Sec. 40.8. "Construction", for purposes of IC 13-18-10, means the
fabrication, erection, or installation of a facility or manure control
equipment at the location where the facility or manure control
equipment is intended to be used. The term does not include the
following:
(1) The dismantling of existing equipment and control devices.
(2) The ordering of equipment and control devices.
(3) Offsite fabrication.
(4) Site preparation.
As added by P.L.125-1997, SEC.3.
IC 13-11-2-41
"Constructiondemolition waste"
Sec. 41. (a) "Constructiondemolition waste", for purposes of
IC 13-20-21, means:
(1) bricks;
(2) concrete;
(3) stone;
(4) glass;
(5) wallboard;
(6) lumber;
(7) roofing materials; and
(8) any other items;
affixed to a structure that is being constructed or demolished and
being disposed of at a waste disposal facility.
(b) The term includes the following:
(1) Plumbing fixtures.
(2) Wiring.
(3) Nonasbestos insulation.
(4) Other items approved by the department.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-42
"Contaminant"
Sec. 42. "Contaminant", for purposes of environmental
management laws, means any solid, semi-solid, liquid, or gaseous
matter, or any odor, radioactive material, pollutant (as defined by the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in
effect on January 1, 1989), hazardous waste (as defined in the federal
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on
January 1, 1989), any constituent of a hazardous waste, or any
combination of the items described in this section, from whatever
source, that:
(1) is injurious to human health, plant or animal life, or
property;
(2) interferes unreasonably with the enjoyment of life or
property; or
(3) otherwise violates:
(A) environmental management laws; or
(B) rules adopted under environmental management laws.
The term includes chemicals used in the illegal manufacture of a
controlled substance (as defined in IC 35-48-1-9) or an immediate
precursor (as defined in IC 35-48-1-17) of a controlled substance,
and waste produced from the illegal manufacture of a controlled
substance or an immediate precursor of the controlled substance.
As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.44;
P.L.192-2005, SEC.5.
IC 13-11-2-43
"Contamination"
Sec. 43. "Contamination", for purposes of IC 13-18-17, refers to
the presence in groundwater of at least one (1) contaminant in a
quantity or concentration that:
(1) is injurious to human health, plant or animal life, or
property;
(2) interferes unreasonably with the enjoyment of life or
property; or
(3) otherwise violates:
(A) environmental management laws; or
(B) rules adopted under environmental management laws.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-43.5
"Control alternative"
Sec. 43.5. "Control alternative", for purposes of IC 13-18, means
any of the following measures, or any combination of the following
measures, for the control of wet weather flows in a combined sewer
system:
(1) Source controls.
(2) Collection system controls.
(3) Storage technologies.
(4) Treatment technologies.
As added by P.L.140-2000, SEC.5.
IC 13-11-2-44
"Cost"
Sec. 44. "Cost", for purposes of IC 13-21 and as applied to a
facility or any part of a facility, includes the following:
(1) The cost of construction, modification, decommissioning,
disposal, or acquisition of the facility or any part of the facility.
(2) Financing charges.
(3) Interest before and during construction and for a reasonable
period after the construction as determined by the board of
directors.
(4) The cost of funding reserves to secure the payment of
principal and interest on bonds issued by the district.
(5) The cost of funding an operation and maintenance reserve
fund.
(6) The cost of funding a major repair or replacement fund.
(7) Legal and underwriting expenses.
(8) Municipal bond insurance premiums.
(9) The cost of plans, specifications, surveys, and estimates of
costs and revenues.
(10) Other expenses necessary or incidental to determining the
feasibility or practicability of constructing the facility.
(11) Administrative expense.
(12) Other expenses necessary or incidental to the construction,
modification, or acquisition of the facility, the financing of the
construction, modification, or acquisition of the facility, and the
placing of the facility in operation.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-45
"Cost of the works"
Sec. 45. "Cost of the works", for purposes of IC 13-26, includes
the following:
(1) The cost of acquisition or construction of the works.
(2) The cost of all property, rights, easements, and franchises
that are necessary or convenient.
(3) Interest upon bonds before and during construction or
acquisition and for a period not exceeding twenty-four (24)
months after completion of construction or acquisition of the
improvements last mentioned.
(4) Engineering and legal expenses, expenses for estimates of
cost and of revenues, and expenses for plans, specifications, and
surveys.
(5) Other expenses necessary or incident to determining the
feasibility or practicability of the enterprise, administrative
expenses, and other expenses necessary or incident to the
financing and construction or acquisition of the works, placing
the works in operation, and the performance of the thing
required or permitted by this chapter in connection with the
works.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-46
"Council"
Sec. 46. "Council", for purposes of IC 13-13-7, refers to the
environmental quality service council established by IC 13-13-7-1,
unless the specific reference is to the legislative council.
As added by P.L.1-1996, SEC.1. Amended by P.L.12-2005, SEC.1.
IC 13-11-2-47
"County solid waste management district" or "county district"
Sec. 47. "County solid waste management district" or "county
district", for purposes of IC 13-21, refers to a solid waste
management district that consists of only one (1) county.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-47.5
"Covered electronic device"
Sec. 47.5. "Covered electronic device", for purposes of this
chapter and IC 13-20.5, means a computer, peripheral, facsimile
machine, DVD player, video cassette recorder, or video display
device that is sold to a covered entity by means of retail, wholesale,
or electronic commerce.
As added by P.L.178-2009, SEC.8.
IC 13-11-2-47.7
"Covered entity"
Sec. 47.7. "Covered entity", for purposes of this chapter and
IC 13-20.5, means the following:
(1) A household.
(2) A public school.
(3) A small business.
As added by P.L.178-2009, SEC.9.
IC 13-11-2-48
"Creditor"
Sec. 48. "Creditor", for purposes of IC 13-25-4-8, means, with
respect to a facility, a person who:
(1) has extended credit to an owner or operator of the facility;
(2) has an interest in the facility to secure an extension of
credit; or
(3) has acquired title or a right to title to the facility:
(A) upon default;
(B) at foreclosure; or
(C) in lieu of foreclosure as a result of an extension of credit
secured by an interest in the facility, unless the extension of
credit was solely for the purpose of avoiding environmental
liability.
As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.1.
IC 13-11-2-49
"Damage"
Sec. 49. "Damage", for purposes of IC 13-24-2, means damage of
any kind for which liability may exist under Indiana law:
(1) resulting from;
(2) arising out of; or
(3) related to;
the discharge or threatened discharge of oil.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-50
"Decommissioning"
Sec. 50. (a) "Decommissioning", for purposes of IC 13-23, means
the removal or closure of an underground storage tank.
(b) "Decommissioning", for purposes of IC 13-29-1, means the
measures taken at the end of a facility's operating life to assure the
continued protection of the public from any residual radioactivity or
other potential hazards present at a facility.
As added by P.L.1-1996, SEC.1. Amended by P.L.67-1996, SEC.3.
IC 13-11-2-50.5
"Degradation"
Sec. 50.5. "Degradation", for purposes of IC 13-18-3, means, with
respect to a National Pollutant Discharge Elimination System permit,
the following:
(1) With respect to an outstanding national resource water, any
new or increased discharge of a pollutant or a pollutant
parameter, except for a short term, temporary increase.
(2) With respect to an outstanding state resource water, any new
or increased discharge of a pollutant or pollutant parameter that
results in a significant lowering of water quality for that
pollutant or pollutant parameter, unless:
(A) the activity causing the increased discharge:
(i) results in an overall improvement in water quality in
the outstanding state resource water; and
(ii) meets the applicable requirements of 327 IAC 2-1-2(1)
and (2) and 327 IAC 2-1.5-4(a) and (b); or
(B) the person proposing the increased discharge undertakes
or funds a water quality improvement project in accordance
with IC 13-18-3-2(k) in the watershed of the outstanding
state resource water that:
(i) results in an overall improvement in water quality in
the outstanding state resource water; and
(ii) meets the applicable requirements of 327 IAC 2-1-2(1)
and (2) and 327 IAC 2-1.5-4(a) and (b).
As added by P.L.140-2000, SEC.6. Amended by P.L.1-2001, SEC.11;
P.L.78-2009, SEC.1.
IC 13-11-2-51
"Department"
Sec. 51. "Department" refers to the department of environmental
management.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-52
"Department enforcement action"
Sec. 52. "Department enforcement action", for purposes of
IC 13-14-6, means an action of the department commenced under
IC 13-30-3-3.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-53
"Developer"
Sec. 53. "Developer", for purposes of IC 13-21, means a person
that:
(1) proposes to enter into or has entered into a financing
agreement with the district for financing a facility; and
(2) proposes to enter into or has entered into a separate
agreement with some other person for the use and operation of
the financed facility.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-54
"Director"
Sec. 54. “Direct