CHAPTER 1. DUTIES OF DEPARTMENT
IC 13-14
ARTICLE 14. POWERS AND DUTIES OFDEPARTMENT OF ENVIRONMENTALMANAGEMENT AND BOARDS
IC 13-14-1
Chapter 1. Duties of Department
IC 13-14-1-1
Solid and hazardous waste materials information exchange
Sec. 1. (a) Subject to subsection (c), the department shall establisha solid and hazardous waste materials exchange to provide for theexchange of information between interested persons concerning thefollowing:
(1) Particular quantities of solid waste and hazardous wasteavailable in Indiana for recovery.
(2) Persons interested in acquiring certain types of solid wasteor hazardous waste for purposes of recovery.
(3) Methods for the treatment and recovery of solid waste andhazardous waste in Indiana.
(b) The solid and hazardous waste materials exchange createdunder subsection (a) may be operated under one (1) or morereciprocity agreements allowing for the exchange of informationdescribed in subsection (a) for similar information from programsoperated in other states.
(c) The department may contract with a private organization for:
(1) the establishment;
(2) the operation; or
(3) both the establishment and the operation;
of the solid and hazardous waste materials exchange.
(d) The solid waste management board may adopt rules underIC 4-22-2 concerning the establishment and operation of the solidand hazardous waste materials exchange.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-2
Program of continuing surveillance and inspection
Sec. 2. The department shall conduct a program of continuingsurveillance and inspection of the following:
(1) Solid waste management sites.
(2) Actual or threatened sources of environmental pollution bycontamination, radiation, odor, or noise.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-3
Assurance of accomplishment of programs established
Sec. 3. The department shall assure accomplishment of thecomprehensive, long term programs established by the boards.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-4
Compliance with standards and rules
Sec. 4. The department shall procure compliance with standardsand rules adopted by the boards.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-5
Public awareness and participation
Sec. 5. The department shall develop and implement a program ofpublic awareness and participation to assure maximum citizeninvolvement in the evolution and continuation of the environmentalprograms of the state.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-6
Solid waste recycling and source reduction; educational programs
Sec. 6. (a) The department shall, in cooperation with other stateagencies, establish programs to educate:
(1) students;
(2) consumers; and
(3) businesses;
about the benefits of solid waste recycling and source reduction.
(b) To implement the programs established under subsection (a),the department shall, subject to section 11.5 of this chapter, developguidance documents and technical assistance programs.
As added by P.L.1-1996, SEC.4. Amended by P.L.261-1999, SEC.1.
IC 13-14-1-7
Proposed budget; preparation
Sec. 7. The commissioner shall prepare the proposed budget of thedepartment and the boards.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-8
Financing structure; proposal
Sec. 8. The commissioner may propose financing a structure tothe boards.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-9
Permits, licenses, orders, and variances; issuance
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.
(b) If the commissioner is notified by the department of staterevenue that a person is on the most recent tax warrant list, thecommissioner 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'sdelinquent tax liability has been satisfied; or
(2) the commissioner receives a notice from the commissionerof the department of state revenue under IC 6-8.1-8-2(k).
As added by P.L.1-1996, SEC.4.
IC 13-14-1-10
Programs and facilities; assistance to local units
Sec. 10. The department shall encourage and assist units of localgovernment in developing programs and facilities for the following:
(1) Air, water, radiation, odor, and noise pollution control.
(2) Wastewater treatment.
(3) Water resource development.
(4) Solid waste management.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-11
Operating policies
Sec. 11. The department shall follow the operating policiesestablished in rules adopted by the boards.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-11.5
Use by department of policy or statement; presentation toappropriate board; public dissemination
Sec. 11.5. (a) If the department proposes to utilize a policy orstatement that:
(1) interprets, supplements, or implements a statute or rule;
(2) has not been adopted in compliance with IC 4-22-2;
(3) is not intended by the department to have the effect of law;and
(4) is not related solely to internal department organization;
the proposed policy or statement may not be put into effect until therequirements of subsection (b) have been met.
(b) The department shall present the proposed policy or statementunder subsection (a) to the appropriate board. At least forty-five (45)days before the presentation, the department shall make available tothe public, including posting on the department's web site:
(1) the proposed policy or statement;
(2) information on the availability for public inspection of allmaterials relied upon by the department in the development ofthe proposed policy or statement, including, if applicable:
(A) health criteria;
(B) analytical methods;
(C) treatment technology;
(D) economic impact data;
(E) environmental assessment data; and
(F) other background data;
(3) the date, time, and location of the presentation under thissubsection to the appropriate board; and (4) information regarding the opportunity for a person tocomment to the department and the appropriate board on theproposed policy or statement before or at the time of thepresentation under this subsection.
The department shall provide to the appropriate board at the time ofthe presentation under this subsection a copy of all comments madeby a person under subdivision (4). The proposed policy or statementmay not be put into effect until thirty (30) days after the policy orstatement is presented to the appropriate board.
(c) If the department utilizes a policy or statement described insubsection (a), the department shall distribute:
(1) two (2) copies of the policy or statement to the publisher ofthe Indiana Register for publication in the Indiana Register; and
(2) the copies required under IC 4-23-7.1-26 to the Indianalibrary and historical department.
(d) The department shall:
(1) maintain a current list of all department policies andstatements described in subsection (a) that the department mayuse in the department's external affairs; and
(2) update the list at least one (1) time each month.
(e) The department shall include the following information on thelist described in subsection (d) for each policy or statement:
(1) The title of the policy or statement.
(2) The identification number of the policy or statement.
(3) The date the policy or statement was originally adopted.
(4) The date the policy or statement was last revised.
(5) A reference to all other policies or statements described insubsection (a) that are repealed or amended by the policy orstatement.
(6) A brief description of the subject matter of the policy orstatement.
(f) At least one (1) time every three (3) months, the departmentshall distribute two (2) copies of the list maintained and updatedunder subsection (d) to the following:
(1) The publisher of the Indiana Register.
(2) The Indiana library and historical department.
As added by P.L.127-1996, SEC.1. Amended by P.L.261-1999,SEC.2; P.L.240-2003, SEC.3.
IC 13-14-1-12
Enforcement of rules
Sec. 12. The commissioner shall enforce rules consistent with thepurposes 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) IC 13-19-3; and
(7) IC 36-9-30.As added by P.L.1-1996, SEC.4.
IC 13-14-1-13
Monitoring and reporting requirements
Sec. 13. The commissioner shall establish and administermonitoring and reporting requirements as necessary to carry out theduties and to exercise the powers provided in the following:
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-14
Information clearinghouses; public education programs; otheractions
Sec. 14. The department shall do the following:
(1) Develop and maintain an information clearinghouse on thefollowing subjects:
(A) Source separation.
(B) Recycling.
(C) Composting.
(D) Solid waste minimization.
(E) Solid waste reduction.
(F) Hazardous waste minimization.
(G) Hazardous waste reduction.
(2) Assist in the development and implementation of publiceducation programs on:
(A) source separation;
(B) recycling;
(C) composting;
(D) solid waste reduction;
(E) solid waste minimization;
(F) hazardous waste minimization;
(G) hazardous waste reduction; and
(H) other alternatives to final disposal in landfills.
(3) Take action in any other matter involving:
(A) solid waste minimization;
(B) solid waste reduction;
(C) hazardous waste minimization; or
(D) hazardous waste reduction;
as directed by the commissioner.
As added by P.L.1-1996, SEC.4.
IC 13-14-1-15
Certified inspectors and cleaners; list; adoption of rules
Sec. 15. (a) The department shall maintain a list of personscertified to inspect and clean property that is polluted by acontaminant. The list may specifically note persons with particularexpertise or experience in the inspection or cleanup of propertycontaminated by chemicals used in the illegal manufacture of a
controlled substance (as defined in IC 35-48-1-9) or by wasteproduced from the illegal manufacture of a controlled substance.
(b) The department may specify by rule that a person who meetscertain qualifications prescribed by the department is a personcertified to inspect and clean property that is polluted by acontaminant.
(c) The department shall adopt rules under IC 4-22-2:
(1) to implement this section; and
(2) concerning the inspection and remediation of contaminatedproperty.
As added by P.L.192-2005, SEC.6.