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Repealed
(Repealed by P.L.57-2009, SEC.18.)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 toan 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 ofIC 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 UnitedStates 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 controllaws, 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 pollutioncontrol 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 powerstations.
(2) Buildings and other structures of all types, including singleand multiple family residences, apartments, houses, officebuildings, public buildings, hotels, restaurants, schools,hospitals, churches, and other institutional buildings.
(3) Automobiles, trucks, tractors, buses, and other motorvehicles.
(4) Garages.
(5) Vending and service locations and stations and railroadlocomotives.
(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 itemsdescribed 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 lawsand environmental management laws, means the presence in or thethreatened discharge into the atmosphere of one (1) or morecontaminants in sufficient quantities and of the characteristics andduration 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 orproperty.
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 forthe 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 ofIC 13-17-10, means a technology for the treatment and disposal ofPCB 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 aproduct 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 andIC 13-18-10, refers to a person (as defined in section 158(b) of thischapter) that submits an application to the department underIC 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 abusiness association that:
(1) receives, for commercial purposes, solid or hazardous wastegenerated offsite for storage, treatment, processing, or disposal;and
(2) applies for the issuance, transfer, or major modification ofa permit described in IC 13-15-1-3 other than a postclosurepermit or an emergency permit.
For purposes of this subsection, an application for the issuance of apermit 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 abusiness association that applies for an original permit for theconstruction or operation of a landfill.
(d) For purposes of subsection (b), "applicant" does not includean individual, a corporation, a limited liability company, apartnership, or a business association that:
(1) generates solid or hazardous waste; and
(2) stores, treats, processes, or disposes of the solid orhazardous waste at a site that is:
(A) owned by the individual, corporation, partnership, orbusiness association; and
(B) limited to the storage, treatment, processing, or disposalof solid or hazardous waste generated by that individual,corporation, limited liability company, partnership, orbusiness 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 andIC 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 anasbestiform 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 ofIC 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 thecourse of ordinary or anticipated use of the building containingthe material.
(b) The term does not include asbestos containing resilient floorcovering materials, including:
(1) sheet vinyl flooring;
(2) resilient tile; and
(3) associated adhesives;
unless the materials are sanded, beadblasted, or mechanicallypulverized 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, meansan individual, a partnership, a corporation, a sole proprietorship, anunincorporated association, a franchise, an enterprise, or any otherentity that enters into one (1) or more contracts providing for theindividual or entity to engage in the inspection, management, orabatement 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 anactivity 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, meanssupplies, materials, services, and equipment to:
(1) prevent the discharge of any contaminant; or
(2) control, contain, isolate, neutralize, remove, store, ordispose of any contaminant already discharged into or on theair, 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 underIC 13-27-2-2 to the highest position in the division of pollutionprevention.
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 andMaterials.
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 theIndiana hazardous waste facility site approval authority.
(b) "Authority", for purposes of IC 13-18-13, IC 13-18-21, andIC 13-19-5, refers to the Indiana finance authority created underIC 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, orsalvage motor vehicles, or their remains, as stock-in-trade;
(2) dismantles and processes the vehicles or remains for thereclamation and sale of reusable components and parts; and
(3) disposes of recyclable materials to a scrap metal processoror other appropriate facility.
(b) This section expires on the date IC 13-20-17.7 expires underIC 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 thischapter, means a business organized for any of the followingpurposes:
(1) Processing scrap metal.
(2) Wrecking automobiles.
(3) Operating a junkyard.
(b) This section expires on the date IC 13-20-17.7 expires underIC 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 northwestIndiana advisory board.
(c) "Board", for purposes of IC 13-17, refers to the air pollutioncontrol board.
(d) "Board", for purposes of IC 13-18, refers to the waterpollution 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 ofdirectors of a solid waste management district.
(g) "Board", for purposes of IC 13-23-11, refers to theunderground storage tank financial assurance board.
(h) "Board", for purposes of IC 13-26, refers to the board oftrustees of a regional water, sewage, or solid waste district. (i) "Board", for purposes of IC 13-27 and IC 13-27.5, refers to theclean 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 forthe transportation of municipal waste that was generated by anotherperson.
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 iscomplicated;
because of the presence or potential presence of a hazardoussubstance, a contaminant, petroleum, or a petroleum product thatposes 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 createdunder 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 thatcarries 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, meansan 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, hasthe meaning set forth in section 11e. (2) of the Atomic Energy Act of1954 (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 continuedobservation of a facility after closure for the purposes of detecting aneed for maintenance, ensuring environmental safety, anddetermining compliance with applicable licensure and regulatoryrequirements and including the correction of problems which aredetected 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, meansa vacuum tube or picture tube designed to convert an electronicsignal 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 thefederal Comprehensive Environmental Response, Compensation, andLiability Act of 1980, as amended by the Superfund Amendmentsand Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.), as ineffect 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) methylphosphonothiolate).
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 byone (1) or both of the following:
(A) At least fifty percent (50%) of the wetland has beendisturbed or affected by human activity or development byone (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 aquatichabitat or hydrologic function because the wetland does notprovide critical habitat for threatened or endangered specieslisted in accordance with the Endangered Species Act of1973 (16 U.S.C. 1531 et seq.) and the wetland ischaracterized 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 ofvegetation.
(iii) The wetland does not support significant wildlife oraquatic habitat.
(iv) The wetland does not possess significant hydrologicfunction;
(2) "Class II wetland" means:
(A) an isolated wetland that is not a Class I or Class IIIwetland; or
(B) a type of wetland listed in subdivision (3)(B) that wouldmeet the definition of Class I wetland if the wetland werenot a rare or ecologically important type; and
(3) "Class III wetland" means an isolated wetland:
(A) that is located in a setting undisturbed or minimallydisturbed by human activity or development and thatsupports more than minimal wildlife or aquatic habitat orhydrologic function; or
(B) unless classified as a Class II wetland under subdivision(2)(B), that is of one (1) of the following rare andecologically 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 notconsidered disturbed or affected as a result of an action taken afterJanuary 1, 2004, for which a permit is required under IC 13-18-22but 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 40CFR 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 40CFR 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 manufacturerof a practice that:
(1) reduces the manufacturing use of toxic materials; or
(2) reduces the environmental and health hazards associatedwith an environmental waste without diluting or concentratingthe 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 afterthe 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 ofenvironmental wastes, including the following:
(A) Waste exchange.
(B) The incorporation or embedding of regulatedenvironmental 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, refersto a National Pollutant Discharge Elimination System (NPDES)permit that involves the area on or beneath land used or distributedin activity related to the extraction, removal, or recovery of coal fromnatural 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 thereceipt of covered electronic devices from covered entities.
(b) The term includes all collection activities up to the time thecovered 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 andIC 13-20.5, means a public or private entity:
(1) that:
(A) receives covered electronic devices from coveredentities; and
(B) arranges for the delivery of the covered electronicdevices to a recycler; or
(2) that collects covered electronic devices directly fromcovered 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 recyclersunder 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 and31.6 of this chapter and IC 13-18, refers to a combination ofwastewater (including domestic, commercial, or industrialwastewater) and storm water transported in a combined sewer orcombined 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 transportcombined 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 ofIC 13-18, means a plan that contains the minimum technologycontrols applicable to, and requirements for operation andmaintenance 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 sections31.3, 31.5, 43.5, and 120.5 of this chapter and IC 13-18, means asystem of combined sewers that:
(1) is designed, constructed, and used to receive and transportcombined sewage to a publicly owned wastewater treatmentplant; and
(2) may contain one (1) or more overflow points that dischargecombined sewage entering the publicly owned wastewatertreatment plant when the hydraulic capacity of the system orpart of the system is exceeded as a result of a wet weatherevent.
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 ofIC 13-22-10, means a plant, structure, or site at which hazardouswaste, 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 aresult of treatment or storage of wastes generated by personsother 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", forpurposes 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 aresult of treatment or storage of low level radioactive wastesgenerated 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 andIC 13-25-2, refers to the Indiana emergency response commission.
(b) "Commission", for purposes of IC 13-29-1, means theMidwest Interstate Low-Level Radioactive Waste Commission.
(c) "Commission", for purposes of IC 13-29-2-2 throughIC 13-29-2-7, refers to the Ohio River Valley Water SanitationCommission.
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 environmentalmanagement.
(b) "Commissioner", for purposes of IC 13-29-2-2 throughIC 13-29-2-7, means a member of the Ohio River Valley WaterSanitation 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 ofIC 13-18-20.5, means a public water system:
(1) that:
(A) serves at least fifteen (15) service connections used byyear-round residents; or
(B) regularly serves at least twenty-five (25) year-roundresidents; and
(2) in which:
(A) all the service connections are located on the sameparcel 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 throughIC 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 ofIC 13-18-22, means the:
(1) restoration; or
(2) creation;
of wetlands to offset or compensate for a loss of wetlands resultingfrom an authorized wetland activity. Wetlands enlargement,enhancement, and preservation may be considered compensatorymitigation 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 theproduct:
(1) produced by the process of composting vegetative matterand 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 andIC 13-20-10, means the biological treatment process by whichmicroorganisms decompose the organic component of vegetativematter and other types of organic material.
(b) "Composting", for purposes of IC 13-21, means an aerobicdegradation process by which plant and other organic wastesdecompose 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 andIC 13-20.5, means an electronic, a magnetic, an optical, anelectrochemical, or other high speed data processing deviceperforming 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 similardevice.
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 chapterand 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 centralprocessing 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 setforth 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 generatedby a conditionally exempt small quantity generator (as defined in 40CFR 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 pleasurepurposes in lots, pens, ponds, sheds, or buildings where:
(1) animals are confined, fed, and maintained for at leastforty-five (45) days during any twelve (12) month period; and
(2) ground cover or vegetation is not sustained over at least fiftypercent (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 acommission basis; and
(B) that is under state or federal supervision.
(2) A livestock sale barn or auction market where animals arekept 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 ofIC 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 toIC 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 isappealable 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 thefabrication, erection, or installation of a facility or manure controlequipment at the location where the facility or manure controlequipment is intended to be used. The term does not include thefollowing:
(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
"Construction\\demolition waste"
Sec. 41. (a) "Construction\\demolition waste", for purposes ofIC 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 andbeing 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 environmentalmanagement laws, means any solid, semi-solid, liquid, or gaseousmatter, or any odor, radioactive material, pollutant (as defined by theFederal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as ineffect on January 1, 1989), hazardous waste (as defined in the federalSolid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect onJanuary 1, 1989), any constituent of a hazardous waste, or anycombination of the items described in this section, from whateversource, that:
(1) is injurious to human health, plant or animal life, orproperty;
(2) interferes unreasonably with the enjoyment of life orproperty; 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 acontrolled substance (as defined in IC 35-48-1-9) or an immediateprecursor (as defined in IC 35-48-1-17) of a controlled substance,and waste produced from the illegal manufacture of a controlledsubstance 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 tothe presence in groundwater of at least one (1) contaminant in aquantity or concentration that:
(1) is injurious to human health, plant or animal life, orproperty;
(2) interferes unreasonably with the enjoyment of life orproperty; 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, meansany of the following measures, or any combination of the followingmeasures, for the control of wet weather flows in a combined sewersystem:
(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 afacility 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 reasonableperiod after the construction as determined by the board ofdirectors.
(4) The cost of funding reserves to secure the payment ofprincipal and interest on bonds issued by the district.
(5) The cost of funding an operation and maintenance reservefund.
(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 ofcosts and revenues.
(10) Other expenses necessary or incidental to determining thefeasibility 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 theconstruction, modification, or acquisition of the facility, and theplacing 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, includesthe following:
(1) The cost of acquisition or construction of the works.
(2) The cost of all property, rights, easements, and franchisesthat are necessary or convenient.
(3) Interest upon bonds before and during construction oracquisition and for a period not exceeding twenty-four (24)months after completion of construction or acquisition of theimprovements last mentioned.
(4) Engineering and legal expenses, expenses for estimates ofcost and of revenues, and expenses for plans, specifications, andsurveys.
(5) Other expenses necessary or incident to determining thefeasibility or practicability of the enterprise, administrativeexpenses, and other expenses necessary or incident to thefinancing and construction or acquisition of the works, placing
the works in operation, and the performance of the thingrequired or permitted by this chapter in connection with theworks.
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 theenvironmental 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 "countydistrict", for purposes of IC 13-21, refers to a solid wastemanagement 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 thischapter and IC 13-20.5, means a computer, peripheral, facsimilemachine, DVD player, video cassette recorder, or video displaydevice 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 andIC 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, withrespect 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 ofcredit; 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 creditsecured by an interest in the facility, unless the extension ofcredit 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 ofany 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, meansthe removal or closure of an underground storage tank.
(b) "Decommissioning", for purposes of IC 13-29-1, means themeasures taken at the end of a facility's operating life to assure thecontinued protection of the public from any residual radioactivity orother 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, withrespect to a National Pollutant Discharge Elimination System permit,the following:
(1) With respect to an outstanding national resource water, anynew or increased discharge of a pollutant or a pollutantparameter, except for a short term, temporary increase.
(2) With respect to an outstanding state resource water, any newor increased discharge of a pollutant or pollutant parameter thatresults in a significant lowering of water quality for thatpollutant or pollutant parameter, unless:
(A) the activity causing the increased discharge:
(i) results in an overall improvement in water quality inthe 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 undertakesor funds a water quality improvement project in accordancewith IC 13-18-3-2(k) in the watershed of the outstandingstate resource water that:
(i) results in an overall improvement in water quality inthe 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 environmentalmanagement.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-52
"Department enforcement action"
Sec. 52. "Department enforcement action", for purposes ofIC 13-14-6, means an action of the department commenced underIC 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 personthat:
(1) proposes to enter into or has entered into a financingagreement with the district for financing a facility; and
(2) proposes to enter into or has entered into a separateagreement with some other person for the use and operation ofthe financed facility.
As added by P.L.1-1996, SEC.1.
IC 13-11-2-54
"Director"
Sec. 54. “Direct