CHAPTER 2. PROHIBITED ACTS

IC 13-30-2
    Chapter 2. Prohibited Acts

IC 13-30-2-1
Specific acts prohibited
    Sec. 1. A person may not do any of the following:
        (1) Discharge, emit, cause, allow, or threaten to discharge, emit,cause, or allow any contaminant or waste, including anynoxious odor, either alone or in combination with contaminantsfrom other sources, into:
            (A) the environment; or
            (B) any publicly owned treatment works;
        in any form that causes or would cause pollution that violatesor would violate rules, standards, or discharge or emissionrequirements adopted by the appropriate board under theenvironmental management laws.
        (2) Increase the quantity or strength of a discharge ofcontaminants into the waters or construct or install a sewer orsewage treatment facility or a new outlet for contaminants intothe waters of Indiana without prior approval of the department.
        (3) Deposit any contaminants upon the land in a place andmanner that creates or would create a pollution hazard thatviolates or would violate a rule adopted by one (1) of theboards.
        (4) Deposit or cause or allow the deposit of any contaminantsor solid waste upon the land, except through the use of sanitarylandfills, incineration, composting, garbage grinding, or anothermethod acceptable to the solid waste management board.
        (5) Dump or cause or allow the open dumping of garbage or ofany other solid waste in violation of rules adopted by the solidwaste management board.
        (6) Dispose of solid waste in, upon, or within the limits of oradjacent to a public highway, state park, state nature preserve,or recreation area or in or immediately adjacent to a lake orstream, except:
            (A) in proper containers provided for sanitary storage of thesolid waste; or
            (B) as a part of a sanitary landfill operation or other landdisposal method approved by the department.
        (7) Construct, install, operate, conduct, or modify, without priorapproval of the department, any equipment or facility of anytype that may:
            (A) cause or contribute to pollution; or
            (B) be designed to prevent pollution.
        However, the commissioner or the appropriate board mayapprove experimental uses of any equipment, facility, orpollution control device that is considered necessary for thefurther development of the state of the art of pollution control.
        (8) Conduct any salvage operation or open dump by openburning or burn, cause, or allow the burning of any solid waste

in a manner that violates either:
            (A) the air pollution control laws; or
            (B) the rules adopted by the air pollution control board.
        (9) Commence construction of a proposed hazardous wastefacility without having first:
            (A) filed an application for; and
            (B) received;
        a permit from the department.
        (10) Commence or engage in the operation of a hazardous wastefacility without having first obtained a permit from thedepartment.
        (11) Deliver any hazardous waste to a hazardous waste facilitythat:
            (A) is not approved; or
            (B) does not hold a permit from the department.
        (12) Cause or allow the transportation of a hazardous wastewithout a manifest if a manifest is required by law.
        (13) Violate any:
            (A) condition;
            (B) limitation; or
            (C) stipulation;
        placed upon a certificate of environmental compatibility by thehazardous waste facility site approval authority or any otherprovision of IC 13-22-10.
        (14) Apply or allow the application of used oil to any groundsurface, except for purposes of treatment in accordance with apermit issued by the department under any of the following:
            (A) IC 13-15, except IC 13-15-9.
            (B) IC 13-17-11.
            (C) IC 13-18-18.
            (D) IC 13-20-1.
        (15) Commence construction of a solid waste incineratorwithout first obtaining a permit from the department underIC 13-20-8.
        (16) Commence operation of a solid waste incinerator withoutfirst obtaining the approval of the department under IC 13-20-8.
As added by P.L.1-1996, SEC.20.

IC 13-30-2-2
Offer to provide service or allocate sewer tap without capacity todo so; liability
    Sec. 2. (a) A person, excluding a municipality, who owns oroperates a water pollution treatment or control facility or sanitarysewer may not offer to provide service or allocate a sewer tap to aperson without:
        (1) having the capacity to provide the service or allocation; and
        (2) reserving the capacity to provide the service or allocation;
to the property owner to whom the offer or allocation was made.
    (b) A person who violates subsection (a) who:
        (1) issued a written letter of intent or commitment to provide

service or allocate a sewer tap to a property owner;
        (2) failed to reserve the capacity to provide the service or tap;and
        (3) as a result of failing to reserve that capacity, adverselyaffected the value of property of a property owner to whom theletter of intent was issued;
is liable for damages to the property owner.
    (c) In an action brought by a property owner under this section,the damages are equal to the value of the property as the propertywould have appreciated in value but for the failure of the property tohave been provided sewer service or a sewer tap.
    (d) Notwithstanding IC 34-11-1-2, a property owner who has acontinuing claim under this section may assert that claim until May15, 1997.
As added by P.L.1-1996, SEC.20. Amended by P.L.1-1998, SEC.107.