IC 13-20-15
    Chapter 15. Regulation of Polychlorinated Biphenyls andTerphenyls

IC 13-20-15-1
Administration and implementation of chapter; rules
    Sec. 1. The solid waste management board shall administer andimplement this chapter to protect the public health, safety, andwelfare from the toxic effects and environmental dangers of PCB.The board shall adopt the rules required by this chapter underIC 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; maximumconcentrations; exception; exemption
    Sec. 2. (a) Except as provided in subsections (e) and (f), a personmay not:
        (1) sell; or
        (2) manufacture for sale;
in Indiana the compound PCB.
    (b) Except as provided in subsections (c), (d), (e), and (f), aperson may not:
        (1) sell;
        (2) manufacture for sale; or
        (3) use;
an item, a product, or a material in the person's business in Indianaif the item, product, or material contains a concentration of PCBequal to or greater than one hundred (100) ppm.
    (c) The board may adopt rules to prescribe a lower maximumconcentration of PCB for a specific item, product, or material if theboard finds the one hundred (100) ppm concentration provided insubsection (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 maximumconcentration of PCB is prescribed by federal law or regulation maynot contain a concentration of PCB higher than the federalmaximum.
    (e) PCB or an item, a product, or a material containing PCB maybe:
        (1) manufactured;
        (2) sold for use; or
        (3) used;
in Indiana if the PCB or item is used in a closed system as adielectric fluid for an electric transformer or capacitor under rulesadopted 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 thecommissioner 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 anexemption certificate on forms provided by the department. Thedepartment may require additional information or materials toaccompany the application as considered necessary for an accurateevaluation 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 containsincidental concentrations of PCB.
    (c) In granting a certificate of exemption, the commissioner shallimpose conditions on the exemption so that the exemption coversonly 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 ofthis chapter, a person may not use an item, a product, or a materialcontaining a concentration of PCB equal to or greater than onehundred (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 materialcontaining PCB described in subdivision (1)(B); and
        (3) the person annually files with the department a reportdetailing:
            (A) the total amount of PCB used by the person; and
            (B) other information required by rule of the board to protectthe public health, safety, and welfare from the toxic effectsand 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 Indianaan item, a product, or a material containing a concentration of PCBequal to or greater than one hundred (100) ppm unless:
        (1) the PCB or the item, product, or material containing PCB isconspicuously labeled to disclose:
            (A) the presence of PCB;
            (B) the concentration of PCB; and
            (C) other information required by rule of the board to protectthe public health, safety, and welfare from the toxic effectsand environmental dangers of PCB;
        (2) the person files with the department a written notice ofintent 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 reportdetailing:
            (A) the total amount of PCB manufactured or sold by theperson; and
            (B) other information required by rule of the board to protectthe public health, safety, and welfare from the toxic effectsand 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 resultingfrom the use in the person's business of:
        (1) PCB; or
        (2) an item, a product, or a material containing or that hascontained 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 thepenalties 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 tocriminal prosecution under IC 13-30-10.
    (b) This chapter may be enforced under IC 13-30-3 orIC 13-14-2-6.
As added by P.L.1-1996, SEC.10. Amended by P.L.137-2007,SEC.19.