IC 13-17-12
    Chapter 12. Enforcement of Local Air Pollution Ordinances

IC 13-17-12-1
Adoption and enforcement of local air pollution ordinances andprograms
    Sec. 1. Air pollution control laws do not prevent towns, cities, orcounties from:
        (1) enforcing local air pollution ordinances consistent with airpollution control laws; or
        (2) adopting or enforcing more restrictive ordinances to furtherthe expressed purposes of air pollution control laws.
As added by P.L.1-1996, SEC.7.

IC 13-17-12-2
Power of county to adopt and enforce air pollution ordinances
    Sec. 2. (a) For the maintenance of the quality of the air resource,a county may adopt and enforce ordinances controlling air pollution.
    (b) In a county not having a consolidated city, the ordinances maynot include municipalities with an air pollution ordinance under airpollution control laws.
    (c) In a county having a consolidated city, a county air pollutionordinance may apply throughout the entire county, including territoryinside the corporate boundaries of excluded cities.
As added by P.L.1-1996, SEC.7.

IC 13-17-12-3
Cooperation of towns, cities, or counties
    Sec. 3. A town, city, or county within an air quality basin mayadminister its air pollution control program in cooperation with one(1) or more towns, cities, or counties of Indiana in accordance withIC 36-1-7. However, a county having a consolidated city is notrequired to enter into an agreement under IC 36-1-7 to regulate airpollution inside an excluded city in the county.
As added by P.L.1-1996, SEC.7.

IC 13-17-12-4
Annual reports
    Sec. 4. An air pollution control agency shall submit annual reportsas requested by the department.
As added by P.L.1-1996, SEC.7.

IC 13-17-12-5
Failure of air quality jurisdiction or administrator to enforceordinances
    Sec. 5. If:
        (1) an air quality jurisdiction; or
        (2) an administrator of an air quality jurisdiction;
fails to enforce a local ordinance that affords protection to the publicequal to that provided by state law, the department may, after

consultation with the jurisdiction or administrator, take appropriateaction necessary to enforce applicable provisions of state law.
As added by P.L.1-1996, SEC.7.

IC 13-17-12-6
Establishment of air permit program
    Sec. 6. A county having a consolidated city may, subject todepartment approval, establish an air permit program that complieswith:
        (1) the federal Clean Air Act (42 U.S.C. 7401 et seq.), asamended by the Clean Air Act Amendments of 1990 (P.L.101-549);
        (2) regulations implementing Title V of the Clean Air ActAmendments of 1990 (40 CFR 70 et seq.); and
        (3) rules adopted by the board.
As added by P.L.1-1996, SEC.7.