CHAPTER 15. REGULATION OF POLYCHLORINATED BIPHENYLS AND TERPHENYLS
IC 13-20-15
Chapter 15. Regulation of Polychlorinated Biphenyls and
Terphenyls
IC 13-20-15-1
Administration and implementation of chapter; rules
Sec. 1. The solid waste management board 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.
As added by P.L.1-1996, SEC.10.
IC 13-20-15-2
Sale, manufacture, or use of PCB compound prohibited; maximum
concentrations; exception; exemption
Sec. 2. (a) Except as provided in subsections (e) and (f), a person
may not:
(1) sell; or
(2) manufacture for sale;
in Indiana the compound PCB.
(b) Except as provided in subsections (c), (d), (e), and (f), a
person may not:
(1) sell;
(2) manufacture for sale; or
(3) use;
an item, a product, or a material in the person's business in Indiana
if the item, product, or material contains a concentration of PCB
equal to or greater than one hundred (100) ppm.
(c) The board may adopt rules to prescribe a lower maximum
concentration of PCB for a specific item, product, or material if the
board finds the one hundred (100) ppm concentration provided in
subsection (b) to be inadequate to protect the public health, safety,
and welfare from the toxic dangers of the PCB contained in the item,
product, or material.
(d) An item, a product, or a material for which a lower maximum
concentration of PCB is prescribed by federal law or regulation may
not contain a concentration of PCB higher than the federal
maximum.
(e) PCB or an item, a product, or a material containing PCB may
be:
(1) manufactured;
(2) sold for use; or
(3) used;
in Indiana if the PCB or item is used in a closed system as a
dielectric fluid for an electric transformer or capacitor under rules
adopted by the board to insure the public health, safety, and welfare.
(f) An item, a product, or a material containing PCB may be:
(1) manufactured for sale;
(2) sold for use; or
(3) used;
in a business in Indiana under an exemption certificate issued by the
commissioner under section 3 of this chapter or IC 13-7-16.5-4
(before its repeal).
As added by P.L.1-1996, SEC.10.
IC 13-20-15-3
Exemption certificate; application; scope; conditions
Sec. 3. (a) A person may apply to the commissioner for an
exemption certificate on forms provided by the department. The
department may require additional information or materials to
accompany the application as considered necessary for an accurate
evaluation of the application.
(b) The commissioner, according to rules adopted by the board,
may grant an exemption for an item, a product, or a material:
(1) manufactured for sale;
(2) sold for use; or
(3) used by the person;
in the person's business if the item, product, or material contains
incidental concentrations of PCB.
(c) In granting a certificate of exemption, the commissioner shall
impose conditions on the exemption so that the exemption covers
only incidental concentrations of PCB.
As added by P.L.1-1996, SEC.10.
IC 13-20-15-4
Additional prohibitions; exceptions; notice; approval; report
Sec. 4. In addition to the prohibitions prescribed in section 2 of
this chapter, a person may not use an item, a product, or a material
containing a concentration of PCB equal to or greater than one
hundred (100) ppm in the person's business in Indiana unless:
(1) the person files with the department:
(A) a written notice of intent to use:
(i) the PCB; or
(ii) the item, product, or material containing PCB;
in the person's business; and
(B) a plan for the disposal of all material containing PCB;
(2) the department approves the plan for disposal of the material
containing PCB described in subdivision (1)(B); and
(3) the person annually files with the department a report
detailing:
(A) the total amount of PCB used by the person; and
(B) other information required by rule of the board to protect
the public health, safety, and welfare from the toxic effects
and environmental dangers of PCB.
As added by P.L.1-1996, SEC.10.
IC 13-20-15-5
Additional prohibitions; exceptions; disclosure label; notice; report
Sec. 5. In addition to the prohibitions prescribed in section 2 of
this chapter, a person may not manufacture for sale or sell in Indiana
an item, a product, or a material containing a concentration of PCB
equal to or greater than one hundred (100) ppm unless:
(1) the PCB or the item, product, or material containing PCB is
conspicuously labeled to disclose:
(A) the presence of PCB;
(B) the concentration of PCB; and
(C) other information required by rule of the board to protect
the public health, safety, and welfare from the toxic effects
and environmental dangers of PCB;
(2) the person files with the department a written notice of
intent to manufacture or sell:
(A) the PCB; or
(B) the item, product, or material containing PCB; and
(3) the person annually files with the department a report
detailing:
(A) the total amount of PCB manufactured or sold by the
person; and
(B) other information required by rule of the board to protect
the public health, safety, and welfare from the toxic effects
and environmental dangers of PCB.
As added by P.L.1-1996, SEC.10.
IC 13-20-15-6
Disposal of solid or liquid waste containing PCB
Sec. 6. A person may not dispose of solid or liquid waste resulting
from the use in the person's business of:
(1) PCB; or
(2) an item, a product, or a material containing or that has
contained PCB;
except in conformity with rules adopted by the board.
As added by P.L.1-1996, SEC.10.
IC 13-20-15-7
Violations; enforcement of chapter
Sec. 7. (a) A person who violates this chapter is subject to the
penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a person who violates this chapter may be subject to
criminal prosecution under IC 13-30-10.
(b) This chapter may be enforced under IC 13-30-3 or
IC 13-14-2-6.
As added by P.L.1-1996, SEC.10. Amended by P.L.137-2007,
SEC.19.