Indiana Code 13-11-2

the exemption described in subsection (a)(5) but for the limitation of this subsection.
    (d) The total acreage of Class II wetlands on a tract to which the exemption described in subsection (a)(6) may apply is limited to the larger of:
        (1) the acreage of the largest individual isolated wetland on the tract that qualifies for the exemption described in subsection (a)(6); and
        (2) thirty-three and one-third percent (33 1/3%) of the cumulative acreage of all individual isolated wetlands on the tract that would qualify for the exemption described in subsection (a)(6) but for the limitation of this subsection.
    (e) An isolated wetland described in subsection (a)(5) or (a)(6) does not include an isolated wetland on a tract that contains more than one (1) of the same class of wetland until the owner of the tract notifies the department that the owner has selected the isolated wetland to be an exempt isolated wetland under subsection (a)(5) or (a)(6) consistent with the applicable limitations described in subsections (c) and (d).
As added by P.L.282-2003, SEC.24. Amended by P.L.52-2004, SEC.3; P.L.241-2005, SEC.3.

IC 13-11-2-75
"Exposure assessment"
     Sec. 75. "Exposure assessment", for purposes of IC 13-23, means an assessment to determine the extent of exposure, or potential for exposure, of individuals to any regulated substance from a release from an underground storage tank based on factors such as the following:
        (1) The nature and extent of contamination and the existence of or potential for pathways of human exposure, including ground or surface water contamination, air emissions, and food chain contamination.
        (2) The size of the community within the likely pathway of exposure.
        (3) The comparison of expected human exposure levels to the short term and long term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for those contaminants.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-76
"Extremely hazardous substance"
Sec. 76. "Extremely hazardous substance", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-77
"Facility"
Sec. 77. (a) "Facility", for purposes of IC 13-15-1-3, means a

structure or an area of land used for the disposal, treatment, storage, recovery, processing, or transferring of solid waste, hazardous waste, or atomic radiation. The term includes the following:
        (1) A hazardous waste facility.
        (2) An incinerator.
        (3) A solid waste landfill.
        (4) A transfer station.
    (b) "Facility", for purposes of IC 13-17-7, means a single structure, piece of equipment, installation, or operation that:
        (1) emits; or
        (2) has the potential to emit;
a regulated air pollutant.
    (c) "Facility", for purposes of IC 13-18-5, means a building, a structure, equipment, or other stationary item that is located on:
        (1) a single site; or
        (2) contiguous or adjacent sites that are owned by, operated by, or under common control of the same person.
    (d) "Facility", for purposes of IC 13-21, means a facility, a plant, a works, a system, a building, a structure, an improvement, machinery, equipment, a fixture, or other real or personal property of any nature that is to be used, occupied, or employed for the collection, storage, separation, processing, recovery, treatment, marketing, transfer, or disposal of solid waste.
    (e) "Facility", for purposes of IC 13-25-2, means all buildings, equipment, structures, and other stationary items that are:
        (1) located on a single site or on contiguous or adjacent sites; and
        (2) owned or operated by:
            (A) the same person; or
            (B) any person that controls, is controlled by, or is under common control with the same person.
For purposes of IC 13-25-2-6, the term includes motor vehicles, rolling stock, and aircraft.
    (f) "Facility", for purposes of IC 13-25-4, has the meaning set forth in 42 U.S.C. 9601(9).
    (g) "Facility", for purposes of IC 13-29-1, means a parcel of land or site, together with the structures, equipment, and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage, or disposal of low-level radioactive waste.
As added by P.L.1-1996, SEC.1. Amended by P.L.221-2007, SEC.1.

IC 13-11-2-78
"Federal permit"
Sec. 78. "Federal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to a federally owned facility.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-79
"Federal Water Pollution Control Act"
Sec. 79. "Federal Water Pollution Control Act", for purposes of:

(1) IC 13-13-5 and IC 13-18-2-1; and
(2) environmental management laws;
refers to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by the federal Water Quality Act of 1987, P.L.100-4.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-79.5
"Fertilizer material"
Sec. 79.5. "Fertilizer material", for purposes of IC 13-18-4-5, has the meaning set forth in IC 15-16-2-11.
As added by P.L.189-2011, SEC.6.

IC 13-11-2-80
"FESOP"
Sec. 80. "FESOP", for purposes of IC 13-17-7, means a federally enforceable state operating permit issued to a source that would require a Title V operating permit but due to a federally enforceable operating restriction has potential emissions less than the amount that would require a Title V operating permit.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-81
"Fiduciary"
     Sec. 81. (a) "Fiduciary", for purposes of IC 13-23-13:
        (1) means a person acting for the benefit of another party as a bona fide:
            (A) trustee;
            (B) executor;
            (C) administrator;
            (D) custodian;
            (E) guardian of estates or guardian ad litem;
            (F) receiver;
            (G) conservator;
            (H) committee of estates of incapacitated persons;
            (I) personal representative;
            (J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or
            (K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and
        (2) does not include:
            (A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1)

estate plan or because of the incapacity of a natural person; or
            (B) a person that acquires ownership or control of an underground storage tank with the objective purpose of avoiding liability of the person or another person.
    (b) "Fiduciary", for purposes of IC 13-24-1:
        (1) means a person acting for the benefit of another party as a bona fide:
            (A) trustee;
            (B) executor;
            (C) administrator;
            (D) custodian;
            (E) guardian of estates or guardian ad litem;
            (F) receiver;
            (G) conservator;
            (H) committee of estates of incapacitated persons;
            (I) personal representative;
            (J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or
            (K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and
        (2) does not include:
            (A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1) estate plan or because of the incapacity of a natural person; or
            (B) a person that acquires ownership or control of a petroleum facility with the purpose of avoiding liability of the person or of another person.
    (c) "Fiduciary", for purposes of IC 13-25-4:
        (1) means a person acting for the benefit of another party as a bona fide:
            (A) trustee;
            (B) executor;
            (C) administrator;
            (D) custodian;
            (E) guardian of estates or guardian ad litem;
            (F) receiver;
            (G) conservator;
            (H) committee of estates of incapacitated persons;
            (I) personal representative;
            (J) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar

financing agreement for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or
            (K) representative in a capacity that is similar to the capacities referred to in clauses (A) through (J); and
        (2) does not include:
            (A) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, at least one (1) estate plan or because of the incapacity of a natural person; or
            (B) a person that acquires ownership or control of a vessel or facility with the objective purpose of avoiding liability of the person or of another person.
As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.2.

IC 13-11-2-81.5
"Fiduciary capacity"
     Sec. 81.5. (a) "Fiduciary capacity", for purposes of IC 13-23-13, means the capacity of a person in holding title to an underground storage tank pursuant to the exercise of the responsibilities of the person as a fiduciary.
    (b) "Fiduciary capacity", for purposes of IC 13-24-1, means the capacity of a person in holding title to a petroleum facility pursuant to the exercise of the responsibilities of the person as a fiduciary.
    (c) "Fiduciary capacity", for purposes of IC 13-25-4, means the capacity of a person in holding title to a vessel or facility pursuant to the exercise of the responsibilities of the person as a fiduciary.
As added by P.L.90-1998, SEC.3.

IC 13-11-2-82
"Final disposal facility"
     Sec. 82. (a) "Final disposal facility", for purposes of IC 13-20-3, IC 13-20-5, IC 13-20-22, and IC 13-21, means any of the following:
        (1) A landfill.
        (2) An incinerator.
        (3) A waste-to-energy facility.
    (b) The term does not include a transfer station.
As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.45.

IC 13-11-2-83
"Financial assistance agreement"
     Sec. 83. (a) "Financial assistance agreement", for purposes of IC 13-18-13, refers to an agreement between:
        (1) the Indiana finance authority; and
        (2) a participant under IC 13-18-13;
establishing the terms and conditions of a loan or other financial

assistance, including forgiveness of principal if allowed under federal law, by the state to the participant under that chapter.
    (b) "Financial assistance agreement", for purposes of IC 13-19-5, means an agreement between the authority and a political subdivision that:
        (1) is approved by the budget agency; and
        (2) establishes the terms and conditions of a loan or other financial assistance by the state to the political subdivision.
    (c) "Financial assistance agreement", for purposes of IC 13-18-21, refers to an agreement between:
        (1) the Indiana finance authority; and
        (2) a participant under IC 13-18-21;
establishing the terms and conditions of a loan or other financial assistance, including forgiveness of principal if allowed under federal law, by the state to the participant under IC 13-18-21.
As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.7; P.L.126-1997, SEC.1; P.L.253-1997(ss), SEC.12; P.L.132-1999, SEC.4; P.L.235-2005, SEC.127.

IC 13-11-2-84
"Financial assurance board"
Sec. 84. "Financial assurance board", for purposes of IC 13-23, refers to the underground petroleum storage tank financial assurance board.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-84.5
"Financial or administrative function"
     Sec. 84.5. "Financial or administrative function", for purposes of sections 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes a function such as that of:
        (1) a credit manager;
        (2) an accounts payable officer;
        (3) an accounts receivable officer;
        (4) a personnel manager;
        (5) a comptroller; or
        (6) a chief financial officer or a similar function.
As added by P.L.97-2004, SEC.58.

IC 13-11-2-85
"Financial agreement"
     Sec. 85. "Financing agreement", for purposes of IC 13-21, includes an agreement between a district and a developer, between a developer and a user, or among a district, developer, and user concerning:
        (1) payments to the district under the agreement; and
        (2) any of the following:
            (A) The financing of facilities.
            (B) The title to facilities.

IC 13-11-2-85.5
Repealed
     (Repealed by P.L.97-2004, SEC.133.)

IC 13-11-2-85.6
"Foreclosure"
     Sec. 85.6. "Foreclosure", for purposes of sections 148(e)(2), 150(c), and 151(e) of this chapter, means the acquisition of a vessel or facility for purposes of IC 13-25-4-8(c), an underground storage tank for purposes of IC 13-23-13, or a petroleum facility for purposes of IC 13-24-1 through any of the following:
        (1) If the vessel or facility, underground storage tank, or petroleum facility was security for an extension of credit previously contracted:
            (A) purchase at sale under a judgment or decree, power of sale, or nonjudicial foreclosure;
            (B) a deed in lieu of foreclosure or a similar conveyance from a trustee; or
            (C) repossession.
        (2) Conveyance under an extension of credit previously contracted, including the termination of a lease agreement.
        (3) Any other formal or informal manner by which the person acquires, for subsequent disposition, title to or possession of a vessel or facility, underground storage tank, or petroleum facility in order to protect the security interest of the person.
As added by P.L.159-2011, SEC.3.

IC 13-11-2-85.7
Repealed
     (Repealed by P.L.1-2006, SEC.588.)

IC 13-11-2-86
"Fiscal body"
     Sec. 86. "Fiscal body" means:
        (1) the county council, for a county not having a consolidated city;
        (2) the city-county council of a consolidated city and county;
        (3) the common council of a city;
        (4) the town council of a town;
        (5) the township board of a township; or
        (6) the board of directors of a conservancy district.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-87
"Fund"
Sec. 87. (a) "Fund", for purposes of IC 13-14-12, refers to the environmental management special fund.

IC 13-11-2-88
"Garbage"
     Sec. 88. "Garbage", for purposes of environmental management laws, means all putrescible animal solid, vegetable solid, and semisolid wastes resulting from the:
        (1) processing;
        (2) handling;
        (3) preparation;

        (4) cooking;
        (5) serving; or
        (6) consumption;
of food or food materials.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-89
"Generator"
     Sec. 89. (a) "Generator", for purposes of IC 13-22-12, means a person that, during the preceding year, generated hazardous waste in quantities greater than:
        (1) one thousand (1,000) kilograms of hazardous waste; or
        (2) one (1) kilogram of acutely toxic waste in any month.
    (b) "Generator", for purposes of IC 13-29-1, means a person who produces or possesses low-level radioactive waste in the course of or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity and who, to the extent required by law, is licensed by the United States Nuclear Regulatory Commission or a party state to produce or possess such waste. The term does not include a person who provides a service by arranging for the collection, transportation, treatment, storage, or disposal of wastes generated outside the region.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-90
"Governmental entity"
Sec. 90. "Governmental entity", for purposes of IC 13-18-3 and IC 13-25-6, means the state or a political subdivision.
As added by P.L.1-1996, SEC.1. Amended by P.L.78-2009, SEC.3.

IC 13-11-2-91
"Grantee"
Sec. 91. "Grantee", for purposes of IC 13-20-20, means a person that receives a grant under IC 13-20-20.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-92
"Groundwater monitoring well"
Sec. 92. "Groundwater monitoring well", for purposes of IC 13-20-21 and IC 13-22-12, means a device required by a permit condition or applicable rule to monitor the quality of groundwater during a twelve (12) month period.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-93
"Guarantor"
Sec. 93. (a) "Guarantor", for purposes of IC 13-22-8, means a person, other than the owner or operator of a hazardous waste facility, who provides evidence of financial responsibility for the

owner or operator under IC 13-22-8.
    (b) "Guarantor", for purposes of IC 13-23-4-6, means any person, other than the owner or operator of an underground storage tank, who provides evidence of financial responsibility for an owner or operator under:
        (1) IC 13-23-4-1 or IC 13-23-4-2; and
        (2) the rules adopted under IC 13-23-1-2(c)(6).
As added by P.L.1-1996, SEC.1.

IC 13-11-2-94
"Hazardous chemical"
Sec. 94. "Hazardous chemical", for purposes of IC 13-25-2, has the meaning set forth in 42 U.S.C. 11021(e).
As added by P.L.1-1996, SEC.1.

IC 13-11-2-95
"Hazardous household product"
     Sec. 95. "Hazardous household product", for purposes of IC 13-20-20, means a household product that:
        (1) may cause serious injury or death when introduced into or upon the body of a living human because the product is:
            (A) a poison;
            (B) toxic;
            (C) corrosive;
            (D) an irritant;
            (E) flammable; or
            (F) radioactive; or
        (2) generates pressure through:
            (A) decomposition;
            (B) heat; or
            (C) other means;
        during a customary or reasonably anticipated handling or use.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-96
"Hazardous material"
     Sec. 96. (a) "Hazardous material", for purposes of IC 13-18-5, means any of the following:
        (1) A hazardous chemical (as defined in 42 U.S.C. 11021(e), as in effect on January 1, 1990).
        (2) A hazardous waste.
        (3) A hazardous substance (as defined in 42 U.S.C. 9601(14), as in effect on January 1, 1990).
        (4) A substance that is on the list of extremely hazardous substances published by the Administrator of the United States Environmental Protection Agency under 42 U.S.C. 11002(a)(2).
        (5) A material that is identified by the water pollution control board as potentially harmful to surface water or groundwater if accidentally released from a storage or handling facility.
    (b) "Hazardous material", for purposes of IC 13-25-6, means a

material or waste that has been determined to be hazardous or potentially hazardous to human health, to property, or to the environment by:
        (1) the United States:
            (A) Environmental Protection Agency;
            (B) Nuclear Regulatory Commission;
            (C) Department of Transportation; or
            (D) Occupational Safety and Health Administration; or
        (2) the solid waste management board.
The term includes all of the hazardous materials identified in 49 CFR 172.101.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-97
"Hazardous materials emergency"
     Sec. 97. "Hazardous materials emergency", for purposes of IC 13-25-6, means an occurrence that:
        (1) involves the uncontrolled release or imminent uncontrolled release of a hazardous material into the environment; and
        (2) creates the possibility of harm to:
            (A) human health;
            (B) property; or
            (C) the environment.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-98
"Hazardous substance"
     Sec. 98. "Hazardous substance", for purposes of:
        (1) IC 13-19-5;
        (2) IC 13-25-4; and
        (3) IC 13-25-5;
has the meaning set forth in Section 101 of CERCLA (42 U.S.C. 9601). The term includes any substance that the solid waste management board determines to be hazardous under environmental management laws.
As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.9.

IC 13-11-2-99
"Hazardous waste"
     Sec. 99. (a) "Hazardous waste", for purposes of section 96(a) of this chapter, IC 13-19, and environmental management laws, means a solid waste or combination of solid wastes that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:
        (1) cause or significantly contribute to an increase in:
            (A) mortality;
            (B) serious irreversible illness; or
            (C) incapacitating reversible illness; or
        (2) pose a substantial present or potential hazard to:
            (A) human health; or

            (B) the environment;
        when improperly treated, stored, transported, disposed of, or otherwise managed.
    (b) "Hazardous waste", for purposes of IC 13-22-10, includes a waste determined to be a hazardous waste under IC 13-22-2-3(b).
    (c) "Hazardous waste", for purposes of IC 13-22-11, has the meaning set forth in the federal Resource Conservation and Recovery Act (42 U.S.C. 6903(5)), as in effect January 1, 1989.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-100
"Hazardous waste facility"
Sec. 100. "Hazardous waste facility", for purposes of environmental management laws, means a plant or site where hazardous waste is subjected to treatment, storage, or disposal.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-101
"Hazardous waste landfill"
Sec. 101. "Hazardous waste landfill", for purposes of IC 13-22-9, means a hazardous waste disposal facility at which hazardous waste is deposited on or beneath the surface of the ground as an intended place of final location.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-102
"High level radioactive waste"
Sec. 102. "High level radioactive waste", for purposes of IC 13-22-10, has the meaning set forth in Section 2 of the federal Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), as in effect on January 1, 1987.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.5.

IC 13-11-2-102.6
"Host agreement"
Sec. 102.6. "Host agreement", for purposes of IC 13-20-23, means a valid and enforceable agreement entered into between a county and another person for the payment of a disposal fee in exchange for the county's permission to construct or operate a landfill.
As added by P.L.133-1998, SEC.3.

IC 13-11-2-103
"Host state"
Sec. 103. "Host state", for purposes of IC 13-29-1, means any state which is designated by the Midwest Interstate Low-Level Radioactive Waste Commission to host a regional facility.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-103.9
"Household"

Sec. 103.9. "Household", for purposes of section 47.7 of this chapter and IC 13-20.5, means the occupants of a dwelling located in Indiana who use a video display device at the dwelling primarily for personal use or home office use.
As added by P.L.178-2009, SEC.11.

IC 13-11-2-104
"Household hazardous waste"
Sec. 104. "Household hazardous waste", for purposes of IC 13-20-20 and IC 13-21, means hazardous waste generated by households.
As added by P.L.1-1996, SEC.1. Amended by P.L.237-1999, SEC.2.

IC 13-11-2-104.5
"Hulk crusher"
Sec. 104.5. (a) "Hulk crusher", for purposes of this chapter, means an enterprise that engages in the business of handling and flattening, compacting, or otherwise demolishing motor vehicles or their remains for economical delivery to a scrap metal processor or other appropriate facility.
(b) This section expires on the date IC 13-20-17.7 expires under IC 13-20-17.7-9.
As added by P.L.170-2006, SEC.6.

IC 13-11-2-105
"Incidental concentration of PCB"
     Sec. 105. "Incidental concentrations of PCB", for purposes of IC 13-20-15-3, means concentrations of PCB that are beyond the control of the person and that are not the result of the person:
        (1) exposing the:
            (A) item;
            (B) product; or
            (C) material;
        to concentrations of PCB;
        (2) failing to take reasonable measures to rid the:
            (A) item;
            (B) product; or
            (C) material;
        of concentrations of PCB; or
        (3) failing to use a reasonable substitute for the:
            (A) item;
            (B) product; or
            (C) material;
        for which the exemption is sought.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-106
"Incinerator"
Sec. 106. "Incinerator", for purposes of IC 13-21 and environmental management laws, means an engineered apparatus

designed for the burning of solid waste under the effect of controls on the following:
        (1) Temperature.
        (2) Retention time.
        (3) Air.
        (4) Other combustion factors.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-107
"Includes"
Sec. 107. "Includes" means includes but is not limited to.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-108
"Industrial permit"
     Sec. 108. "Industrial permit", for purposes of IC 13-14-8-11.6 and IC 13-18-20, refers to a National Pollutant Discharge Elimination System (NPDES) permit other than a permit issued to any of the following:
        (1) a municipal facility;
        (2) a state facility;
        (3) a federal facility;
        (4) a semipublic facility;
        (5) a public water system facility; or
        (6) a facility for storm water discharge.
As added by P.L.1-1996, SEC.1. Amended by P.L.72-1999, SEC.1; P.L.184-2002, SEC.2.

IC 13-11-2-109
"Industrial pretreatment permit"
     Sec. 109. "Industrial pretreatment permit", for purposes of IC 13-18-20, refers to a permit issued by the state to an industry discharging to a publicly owned treatment works that:
        (1) meets the criteria in 327 IAC 5-13-2(f); and
        (2) has been approved by the commissioner in accordance with 327 IAC 5-13-4.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-109.5
Repealed
     (Repealed by P.L.218-2001, SEC.11.)

IC 13-11-2-110
Repealed
     (Repealed by P.L.37-2012, SEC.5.)

IC 13-11-2-111
"Intentionally introduced"
     Sec. 111. "Intentionally introduced", for purposes of IC 13-20-17, means any time that mercury is present in a battery, unless the

mercury is only incidentally present in other materials in the battery.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-112
"Interstate agency"
Sec. 112. "Interstate agency", for purposes of IC 13-18-2, means an agency of at least two (2) states having powers or duties pertaining to the abatement of water pollution.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-112.5
"Isolated wetland"
Sec. 112.5. "Isolated wetland", for purposes of IC 13-18, is a wetland that is not subject to regulation under Section 404(a) of the Clean Water Act.
As added by P.L.282-2003, SEC.25.

IC 13-11-2-113
"Joint solid waste management district" or "joint district"
Sec. 113. "Joint solid waste management district" or "joint district", for purposes of IC 13-21, refers to a solid waste management district that consists of at least two (2) counties.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-113.5
"Knee of the curve"
Sec. 113.5. "Knee of the curve", for purposes of IC 13-18, means the point where the incremental change in the cost of the control alternative per change in performance of the control alternative changes most rapidly.
As added by P.L.140-2000, SEC.9.

IC 13-11-2-114
"Land application"
Sec. 114. "Land application", for purposes of IC 13-18-12, means the disposal of wastewater by burial or incorporation into the soil.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-114.2
"Land application operation"
Sec. 114.2. "Land application operation", for purposes of IC 13-19-3, means an operation in which sludge, waste products, or wastewater generated by industrial, municipal, or semipublic facilities are disposed of by application upon or incorporation into the soil. The term does not include the operation of a landfill or an open dump.
As added by P.L.30-1999, SEC.1.

IC 13-11-2-115
"Land disposal"

     Sec. 115. "Land disposal", for purposes of IC 13-22-12, includes the following:
        (1) Interim status and permitted hazardous waste landfills.
        (2) Interim status and permitted hazardous waste surface impoundments.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-115.5
"Land trust"
     Sec. 115.5. "Land trust", for purposes of IC 13-25-3, means a trust that is established under terms providing that:
        (1) the trustee holds legal or equitable title to property;
        (2) the beneficiary has the power to manage the trust property, including the power to direct the trustee to sell the property; and
        (3) the trustee may sell the trust property:
            (A) only at the direction of the beneficiary or other person; or
            (B) after a time stipulated in the terms of the trust.
As added by P.L.97-2004, SEC.59.

IC 13-11-2-116
"Landfill"
     Sec. 116. (a) "Landfill", for purposes of IC 13-20-2, IC 13-20-24, and IC 13-20.5, means a solid waste disposal facility at which solid waste is deposited on or beneath the surface of the ground as an intended place of final location.
    (b) "Landfill", for purposes of section 114.2 of this chapter and IC 13-20-11, means a facility operated under a permit issued under IC 13-15-3 or IC 13-7-10 (before its repeal) at which solid waste is disposed of by placement on or under the surface of the ground.
    (c) "Landfill", for purposes of section 82 of this chapter and IC 13-21, means a solid waste disposal facility at which solid waste is deposited on or in the ground as an intended place of final location. The term does not include the following:
        (1) A site that is devoted solely to receiving one (1) or more of the following:
            (A) Fill dirt.
            (B) Vegetative matter subject to disposal as a result of:
                (i) landscaping;
                (ii) yard maintenance;
                (iii) land clearing; or
                (iv) any combination of activities referred to in this clause.
        (2) A facility receiving waste that is regulated under the following:
            (A) IC 13-22-1 through IC 13-22-8.
            (B) IC 13-22-13 through IC 13-22-14.
As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.46; P.L.133-1998, SEC.4; P.L.30-1999, SEC.2; P.L.14-2000, SEC.34; P.L.97-2004, SEC.60; P.L.131-2006, SEC.2; P.L.178-2009, SEC.12.

IC 13-11-2-117
Repealed
     (Repealed by P.L.97-2004, SEC.133.)

IC 13-11-2-118
"Lead acid battery"
     Sec. 118. "Lead acid battery", for purposes of IC 13-20-16, means a battery that:
        (1) contains lead and sulfuric acid; and
        (2) has a nominal voltage of at least six (6) volts.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-118.3
Repealed
     (Repealed by P.L.57-2009, SEC.18.)

IC 13-11-2-118.5
Repealed
     (Repealed by P.L.57-2009, SEC.18.)

IC 13-11-2-119
"Lender"
     Sec. 119. (a) "Lender", for purposes of IC 13-23-13, means any of the following:
        (1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).
        (2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).
        (3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).
        (4) A leasing or trust company that is an affiliate of an insured depository institution.
        (5) A person (including a successor or assignee of the person) that:
            (A) makes a bona fide extension of credit to; or
            (B) takes or acquires a security interest from;
        a nonaffiliated person.
        (6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.
        (7) A person that:
            (A) insures or guarantees against a default in the repayment of an extension of credit; or
            (B) acts as a surety with respect to an extension of credit;
        to a nonaffiliated person.
        (8) A person that provides title insurance and that acquires an underground storage tank as a result of assignment or conveyance in the course of underwriting claims and claims settlement.

    (b) "Lender", for purposes of IC 13-24-1, means any of the following:
        (1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).
        (2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).
        (3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).
        (4) A leasing or trust company that is an affiliate of an insured depository institution.
        (5) A person (including a successor or assignee of the person) that:
            (A) makes a bona fide extension of credit to; or
            (B) takes or acquires a security interest from;
        a nonaffiliated person.
        (6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.
        (7) A person that:
            (A) insures or guarantees against a default in the repayment of an extension of credit; or
            (B) acts as a surety with respect to an extension of credit;
        to a nonaffiliated person.
        (8) A person that provides title insurance and that acquires a petroleum facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement.
    (c) "Lender", for purposes of IC 13-25-3, means a person that provides loans secured by:
        (1) an interest in property; or
        (2) an assignment of beneficial interest in a land trust.
    (d) "Lender", for purposes of IC 13-25-4, means any of the following:
        (1) An insured depository institution (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).
        (2) An insured credit union (as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752)).
        (3) A bank or association chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).
        (4) A leasing or trust company that is an affiliate of an insured depository institution.
        (5) A person (including a successor or assignee of the person) that:
            (A) makes a bona fide extension of credit to; or
            (B) takes or acquires a security interest from;
        a nonaffiliated person.
        (6) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Agricultural Mortgage Corporation, or an entity that buys or sells loans or interests in loans in a bona fide manner.

        (7) A person that:
            (A) insures or guarantees against a default in the repayment of an extension of credit; or
            (B) acts as a surety with respect to an extension of credit;
        to a nonaffiliated person.
        (8) A person that provides title insurance and that acquires a vessel or facility as a result of assignment or conveyance in the course of underwriting claims and claims settlement.
As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.5.

IC 13-11-2-120
"Local emergency planning committee"
Sec. 120. "Local emergency planning committee", for purposes of IC 13-25-1, refers to a committee established under Title III of SARA for a local emergency planning district.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-120.5
"Long term control plan"
     Sec. 120.5. "Long term control plan", for purposes of section 31.5 of this chapter, IC 13-14-9-14, and IC 13-18, means a plan that:
        (1) is consistent with the federal Combined Sewer Overflow Control Policy (59 Fed. Reg. 18688);
        (2) is developed in accordance with the recommendations set forth in Combined Sewer Overflows Guidance for Long-Term Control Plan (EPA 832B95002);
        (3) describes changes and improvements to be made to a combined sewer system or to a publicly owned wastewater treatment plant for the purpose of meeting the requirements of the federal Clean Water Act and state law;
        (4) is developed with public participation using a process that is designed to promote active involvement by the affected public, through opportunities to provide in the decision making to select long term control alternatives:
            (A) information;
            (B) opinions; and
            (C) comments;
        (5) is submitted to the department for approval; and
        (6) does the following:
            (A) Uses characterization, monitoring, and modeling of the combined sewer system to determine:
                (i) the response of the combined sewer system to various precipitation events;
                (ii) the characteristics of overflows from the combined sewer system; and
                (iii) the water quality impacts that result from overflows from the combined sewer system.
            (B) Considers the impact of combined sewer overflows on sensitive areas and gives highest priority to controlling overflows in those areas.

            (C) Contains an evaluation of a reasonable range of control alternatives, taking into account expected and projected future growth.
            (D) Contains cost and performance analyses of the control alternatives evaluated.
            (E) Maximizes treatment of wet weather flows at a publicly owned treatment works (POTW) treatment plant.
            (F) Contains a practicable implementation schedule for the selected control alternative.
            (G) Contains a post-construction compliance monitoring program adequate to ascertain:
                (i) the effectiveness of the selected control alternative; and
                (ii) the extent to which water quality standards have been attained.
As added by P.L.140-2000, SEC.10. Amended by P.L.100-2006, SEC.5.

IC 13-11-2-121
"Low level radioactive waste"
     Sec. 121. (a) "Low level radioactive waste", for purposes of IC 13-22-10, means radioactive material that:
        (1) is not:
            (A) high level radioactive waste;
            (B) spent nuclear fuel; or
            (C) byproduct material; and
        (2) is classified by the United States Nuclear Regulatory Commission, in accordance with law, as low level radioactive waste.
    (b) "Low-level radioactive waste" or "waste", for purposes of IC 13-29-1, means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in Section 11e.(2) of the Atomic Energy Act of 1954.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-122
"Major modification"
     Sec. 122. "Major modification", for purposes of IC 13-15-4, when applied to a solid waste permit, means any change in a permitted solid waste facility that would:
        (1) increase the facility's permitted capacity to process or dispose of solid waste by the lesser of:
            (A) more than ten percent (10%); or
            (B) five hundred thousand (500,000) cubic yards; or
        (2) change the permitted footprint of the landfill by more than one (1) acre.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-123
"Major permit"

     Sec. 123. "Major permit", for purposes of IC 13-18-20, refers to a NPDES permit:
        (1) as classified by the Region V Regional Administrator of the United States Environmental Protection Agency and the commissioner; and
        (2) as set forth in the Major Dischargers List developed by the United States Environmental Protection Agency and the department in the "National Pollutant Discharge Elimination System Memorandum of Agreement Between the State of Indiana and EPA Region V" dated July 22, 1977.
As added by P.L.1-1966, SEC.1.

IC 13-11-2-124
"Management plan"
Sec. 124. "Management plan", for purposes of IC 13-29-1, means the plan adopted by the commission for the storage, transportation, treatment, and disposal of waste within the region.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-125
"Manifest"
     Sec. 125. "Manifest", for purposes of environmental management laws except IC 13-20-4-7, means the form used for identifying the:
        (1) quantity;
        (2) composition; and
        (3) origin, routing, and destination;
of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-126
"Manufacturer"
     Sec. 126. (a) "Manufacturer", for purposes of IC 13-20-16, means a person who is engaged in the business of making lead acid batteries:
        (1) in Indiana; or
        (2) for sale in Indiana.
    (b) "Manufacturer", for purposes of sections 179.9, 180.1, 195.7, and 245.4 of this chapter and IC 13-20.5, means a person that:
        (1) manufactures video display devices to be sold under the person's own brand or a brand the person licenses as identified by the person's own brand label or the brand label the person licenses;
        (2) sells video display devices manufactured by others under the person's own brand or a brand the person licenses as identified by the person's own brand label or the brand label the person licenses; or
        (3) assumes the responsibilities and obligations of a manufacturer under IC 13-20.5.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.6;

P.L.225-2001, SEC.3; P.L.178-2009, SEC.13; P.L.37-2012, SEC.6.

IC 13-11-2-126.5
"Manure"
     Sec. 126.5. "Manure" means the following:
        (1) Liquid or solid animal excreta.
        (2) Waste liquid generated at a livestock or poultry production area, including the following:
            (A) Excess drinking water.
            (B) Cleanup water.
            (C) Contaminated livestock truck or trailer washwater.
            (D) Milking parlor wastewater.
            (E) Milk house washwater.
            (F) Egg washwater.
            (G) Silage leachate.
        (3) Any precipitation or surface water that has come into contact with the following:
            (A) Liquid or solid animal excreta.
            (B) Used bedding.
            (C) Litter.
            (D) Liquid described in subdivision (4).
        (4) Any other materials generated at a livestock or poultry production area commingled with the materials listed in subdivisions (1) through (3).
As added by P.L.189-2011, SEC.7.

IC 13-11-2-127
"Mass balance calculation"
     Sec. 127. "Mass balance calculation", for purposes of IC 13-27, means a determination of the annual quantities of each toxic material that is:
        (1) transported to;
        (2) produced at;
        (3) used at;
        (4) accumulated or stored at;
        (5) released from; or
        (6) transported from;
a business or manufacturing facility as a waste or pollutant, as a commercial product or byproduct, in a commercial product or byproduct, or as a component of a commercial product or byproduct, based upon an analysis of each process or operation at the business or manufacturing facility.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.7; P.L.37-2012, SEC.7.

IC 13-11-2-128
"Material safety data sheet"
Sec. 128. "Material safety data sheet", for purposes of IC 13-20-17.5 and IC 13-25-2, has the meaning set forth in 42 U.S.C. 11049.

As added by P.L.1-1996, SEC.1. Amended by P.L.225-2001, SEC.4.

IC 13-11-2-128.3
"Mercury-added novelty"
     Sec. 128.3. "Mercury-added novelty", for purposes of IC 13-20-17.5, means a mercury-added product intended mainly for personal or household enjoyment or adornment, including:
        (1) items intended for use as practical jokes;
        (2) figurines;
        (3) adornments;
        (4) toys;
        (5) games;
        (6) cards;
        (7) ornaments;
        (8) yard statues and figurines;
        (9) candles;
        (10) jewelry;
        (11) holiday decorations; and
        (12) footwear and other items of apparel.
As added by P.L.225-2001, SEC.5.

IC 13-11-2-128.5
"Mercury-added product"
     Sec. 128.5. (a) "Mercury-added product", for purposes of this chapter and IC 13-20-17.5, means:
        (1) a product that contains:
            (A) elemental mercury;
            (B) metallic mercury in an alloy;
            (C) inorganic mercury salt; or
            (D) organic mercury;
        intentionally added by the manufacturer in order to provide a specific characteristic, appearance, or quality to the product or to perform a specific beneficial function for the product; or
        (2) a product with a component that meets the criteria of subdivision (1).
    (b) "Mercury-added product" does not include:
        (1) a product in which mercury is a residue from the intentional use of mercury in the manufacturing process, if the mercury residue does not:
            (A) provide a specific characteristic, appearance, or quality to the product; or
            (B) perform a specific beneficial function for the product; or
        (2) a mercury commodity.
As added by P.L.225-2001, SEC.6.

IC 13-11-2-128.6
"Mercury commodity"
Sec. 128.6. "Mercury commodity", for purposes of this chapter and IC 13-20-17.5, means a product that consists of only mercury and its container (such as a container of mercury that is opened and

from which mercury is put into a mercury-added product) if the mercury is not performing a specific beneficial function for the product.
As added by P.L.225-2001, SEC.7.

IC 13-11-2-128.7
"Mercury fever thermometer"
     Sec. 128.7. "Mercury fever thermometer", for purposes of IC 13-20-17.5, means a mercury-added product that:
        (1) is a thermometer or another medical or scientific instrument; and
        (2) is used for measuring body temperature.
As added by P.L.225-2001, SEC.8.

IC 13-11-2-128.8
"Mercury switch"
     Sec. 128.8. (a) "Mercury switch", for purposes of IC 13-20-17.7, means a convenience light switch that:
        (1) is located in the hood or trunk lid of a motor vehicle; and
        (2) contains mercury.
    (b) This section expires on the date IC 13-20-17.7 expires under IC 13-20-17.7-9.
As added by P.L.170-2006, SEC.7.

IC 13-11-2-129
"MGD"
Sec. 129. "MGD" refers to millions of gallons per day.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-129.6
"Military base"
     Sec. 129.6. "Military base", for purposes of IC 13-15-3-1.3, means a United States or an Indiana government military installation that:
        (1) has an area of at least sixty thousand (60,000) acres and is used for the design, construction, maintenance, and testing of electronic devices and ordnance;
        (2) has an area of at least nine hundred (900) acres and serves as an urban training center for military units, civilian personnel, and first responders; or
        (3) has an area of at least five thousand (5,000) acres and serves as a joint training center for active and reserve components of the armed forces of the United States.
As added by P.L.5-2005, SEC.2. Amended by P.L.180-2006, SEC.6.

IC 13-11-2-130
"Minor permit"
Sec. 130. "Minor permit", for purposes of IC 13-18-20, refers to a NPDES permit that is not a major permit.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-130.1
"Motor vehicle"
Sec. 130.1. (a) "Motor vehicle", for purposes of this chapter, means a vehicle that is self-propelled on a highway in Indiana. The term does not include a farm tractor or a motorized bicycle.
(b) This section expires on the date IC 13-20-17.7 expires under IC 13-20-17.7-9.
As added by P.L.170-2006, SEC.8.

IC 13-11-2-130.2
"Motor vehicle manufacturer"
     Sec. 130.2. (a) "Motor vehicle manufacturer", for purposes of this chapter, means a person that is engaged in the business of manufacturing or assembling new motor vehicles for sale to any of the following:
        (1) Dealers.
        (2) Wholesale dealers.
        (3) Distributors.
        (4) The general public.
    (b) This section expires on the date IC 13-20-17.7 expires under IC 13-20-17.7-9.
As added by P.L.170-2006, SEC.9.

IC 13-11-2-130.3
"Motor vehicle recycler"
     Sec. 130.3. (a) "Motor vehicle recycler", for purposes of IC 13-20-17.7, means any of the following:
        (1) An automotive salvage recycler.
        (2) An automobile scrapyard.
        (3) A hulk crusher.
        (4) A scrap metal processor.
        (5) A vehicle disposal facility.
    (b) This section expires on the date IC 13-20-17.7 expires under IC 13-20-17.7-9.
As added by P.L.170-2006, SEC.10.

IC 13-11-2-130.5
"Periodic vehicle inspection program"
Sec. 130.5. "Periodic vehicle inspection program", for purposes of IC 13-17-5, means a program requiring a motor vehicle registered in a county to undergo a periodic test of emission characteristics and be repaired and retested if the motor vehicle fails the emissions test. The term includes entering into and managing contracts for inspection stations.
As added by P.L.282-2003, SEC.26.

IC 13-11-2-131
"Multimedia"
Sec. 131. "Multimedia", for purposes of IC 13-27, refers to:
(1) air;

        (2) water;
        (3) land; and
        (4) workplace environmental;
media into which pollutants and wastes are emitted, released, discharged, or disposed.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.8; P.L.37-2012, SEC.8.

IC 13-11-2-132
"Municipal permit"
     Sec. 132. "Municipal permit", for purposes of IC 13-18-20, refers to a NPDES permit issued to any of the following:
        (1) A publicly owned treatment works (as defined in 33 U.S.C. 1292(2)) that is not state owned.
        (2) A conservancy district (as defined in IC 14-8-2-72(3)).
        (3) A regional water, sewage, and solid waste district.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-133
"Municipal waste"
     Sec. 133. (a) "Municipal waste", for purposes of:
        (1) IC 13-20-4;
        (2) IC 13-20-6;
        (3) IC 13-20-21;
        (4) IC 13-20-23;
        (5) IC 13-20.5-10;
        (6) IC 13-22-1 through IC 13-22-8; and
        (7) IC 13-22-13 through IC 13-22-14;
means any garbage, refuse, industrial lunchroom or office waste, and other similar material resulting from the operation of residential, municipal, commercial, or institutional establishments and community activities.
    (b) The term does not include the following:
        (1) Hazardous waste regulated under:
            (A) IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14; or
            (B) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on January 1, 1990.
        (2) Infectious waste (as defined in IC 16-41-16-4).
        (3) Wastes that result from the combustion of coal and that are referred to in IC 13-19-3-3.
        (4) Materials that are being transported to a facility for reprocessing or reuse.
    (c) As used in subsection (b)(4), "reprocessing or reuse" does not include either of the following:
        (1) Incineration.
        (2) Placement in a landfill.
As added by P.L.1-1996, SEC.1. Amended by P.L.133-1998, SEC.5; P.L.138-2000, SEC.2; P.L.218-2001, SEC.1; P.L.178-2009, SEC.14.

IC 13-11-2-134
Repealed
(Repealed by P.L.131-2006, SEC.14.)

IC 13-11-2-135
"Municipality"
Sec. 135. "Municipality" means a city or town.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-136
"National contingency plan"
     Sec. 136. "National contingency plan", for purposes of IC 13-25-4, refers to the plan that:
        (1) was established and is revised by the President of the United States; and
        (2) includes the national hazardous substance response plan that is required under Section 105 of CERCLA (42 U.S.C. 9605) and published in 40 CFR 300.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-136.5
"National mercury switch recovery program"
     Sec. 136.5. (a) "National mercury switch recovery program", for purposes of IC 13-20-17.7, means a national program:
        (1) that accomplishes, as determined by the commissioner, the goals of IC 13-20-17.7; and
        (2) in which the state participates.
    (b) This section expires on the date IC 13-20-17.7 expires under IC 13-20-17.7-9.
As added by P.L.170-2006, SEC.11.

IC 13-11-2-137
"Natural resources"
     Sec. 137. "Natural resources", for purposes of IC 13-25-4, means:
        (1) land;
        (2) fish;
        (3) wildlife;
        (4) biota;
        (5) air;
        (6) water;
        (7) ground water;
        (8) drinking water supplies; and
        (9) other similar resources;
belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by, the state.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-138
"Navigable waters"
Sec. 138. "Navigable waters", for purposes of IC 13-24-2, means

waters of the United States (as defined in the federal Clean Water Act (33 U.S.C. 1362(7))).
As added by P.L.1-1996, SEC.1.

IC 13-11-2-139
"Net revenues"
     Sec. 139. "Net revenues", for purposes of IC 13-21, means:
        (1) the amount of revenues received by a county or joint solid waste management district from the operation and ownership of facilities; less
        (2) the reasonable expenses of the:
            (A) operation;
            (B) repair; and
            (C) maintenance;
        of the facilities.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-140
"New tire"
Sec. 140. (a) "New tire", for purposes of IC 13-20-13 and IC 13-20-14, means a tire that has never been mounted on a wheel of a vehicle.
(b) For purposes of IC 13-20-13, the term does not include a retreaded tire.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-141
"Noncontact cooling water"
     Sec. 141. "Noncontact cooling water", for purposes of IC 13-18-20, means cooling water:
        (1) that is discharged to waters of Indiana;
        (2) that is used for the sole purpose of removing unwanted heat from a process, generally through a heat exchanger; and
        (3) that does not otherwise come into contact with a production process or any raw material or manufactured product.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-142
"Nonoperational storage tank"
     Sec. 142. "Nonoperational storage tank", for purposes of IC 13-23, means an underground storage tank:
        (1) in which regulated substances are not deposited; or
        (2) from which regulated substances are not dispensed;
after November 8, 1984.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-142.3
"Nonprofit corporation"
Sec. 142.3. "Nonprofit corporation", for purposes of this chapter and IC 13-25-4-8, refers to a nonprofit corporation:

        (1) that is exempt from income taxation under 26 U.S.C. 501;
        (2) for which the primary purpose, as identified in the corporation's articles of incorporation, is to assist and support a political subdivision in a matter of public concern; and
        (3) that has no member affiliated with any other person that is potentially liable for response costs at a facility through any of the following:
            (A) A direct or an indirect familial relationship.
            (B) A contractual, corporate, or financial relationship other than a contractual, corporate, or financial relationship that is created:
                (i) by the instruments by which title to the facility is conveyed or financed; or
                (ii) by a contract for the sale of goods or services.
            (C) The result of a reorganization of a business entity that was potentially liable for response costs at the facility.
As added by P.L.221-2007, SEC.2.

IC 13-11-2-142.6
"Nonpublic school"
Sec. 142.6. "Nonpublic school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-12.
As added by P.L.225-2001, SEC.9. Amended by P.L.1-2005, SEC.141.

IC 13-11-2-142.7
"Nontransient noncommunity water system"
     Sec. 142.7. "Nontransient noncommunity water system", for purposes of IC 13-18-17 and IC 13-18-20.5, means a public water system that is not a community water system that regularly serves the same twenty-five (25) or more persons at least six (6) months per year.
As added by P.L.224-2003, SEC.129. Amended by P.L.61-2007, SEC.2.

IC 13-11-2-143
"Office"
     Sec. 143. (a) "Office", for purposes of IC 13-22-11, refers to the division of pollution prevention and technical assistance established by IC 13-27-2-1.
    (b) "Office", for purposes of IC 13-28, refers to the office of voluntary compliance.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-144
"Oil"
     Sec. 144. (a) "Oil", for purposes of IC 13-24-2, means oil of any kind or in any form.
    (b) The term includes the following:
        (1) Petroleum.

        (2) Fuel oil.
        (3) Sludge.
        (4) Oil refuse.
        (5) Oil mixed with wastes other than dredged spoil.
    (c) The term does not include petroleum, including crude oil or any fraction of crude oil, that is:
        (1) specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of Section 101(14) of; and
        (2) subject to;
the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), as in effect January 1, 1995.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-144.7
"Onsite residential sewage discharging disposal system"
     Sec. 144.7. For purposes of IC 13-18-12, "onsite residential sewage discharging disposal system" means a sewage disposal system that:
        (1) is located on a site with and serves a one (1) or two (2) family residence; and
        (2) discharges effluent offsite.
As added by P.L.172-2002, SEC.2.

IC 13-11-2-144.8
"Onsite sewage system"
     Sec. 144.8. "Onsite sewage system", for purposes of IC 13-18-17, means all equipment and devices necessary for proper:
        (1) onsite:
            (A) conduction;
            (B) collection;
            (C) storage; and
            (D) treatment; and
        (2) absorption in soil;
of sewage from a residence or a commercial facility.
As added by P.L.24-2004, SEC.5.

IC 13-11-2-145
"Open burning"
Sec. 145. "Open burning", for purposes of environmental management laws, means the combustion of any matter in the open or in an open dump.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-146
"Open dump"
Sec. 146. "Open dump", for purposes of environmental management laws, means the consolidation of solid waste from one (1) or more sources or the disposal of solid waste at a single disposal site that:
(1) does not fulfill the requirements of a sanitary landfill or

other land disposal method as prescribed by law or regulations; and
        (2) is established and maintained:
            (A) without cover; and
            (B) without regard to the possibilities of contamination of surface or subsurface water resources.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-147
"Open dumping"
Sec. 147. "Open dumping", for purposes of environmental management laws, means the act of disposing of solid waste at an open dump.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-147.5
"Operational function"
     Sec. 147.5. "Operational function", for purposes of sections 151.2, 151.3, and 151.4 of this chapter, IC 13-23-13-14, IC 13-24-1-10, and IC 13-25-4-8.2, includes a function such as that of:
        (1) a facility manager;
        (2) a plant manager;
        (3) an operations manager;
        (4) a chief operating officer; or
        (5) a chief executive officer.
As added by P.L.90-1998, SEC.6.

IC 13-11-2-148
"Operator"
     Sec. 148. (a) "Operator", for purposes of IC 13-18-10, means the person in direct or responsible charge or control of one (1) or more confined feeding operations.
    (b) "Operator", for purposes of IC 13-18-11 and environmental management laws, means the person in direct or responsible charge and supervising the operation of:
        (1) a water treatment plant;
        (2) a wastewater treatment plant; or
        (3) a water distribution system.
    (c) "Operator", for purposes of IC 13-20-6, means a corporation, a limited liability company, a partnership, a business association, a unit, or an individual who is a sole proprietor that is one (1) of the following:
        (1) A broker.
        (2) A person who manages the activities of a transfer station that receives municipal waste.
        (3) A transporter.
    (d) "Operator", for purposes of IC 13-23, except as provided in subsections (e), (g), and (h), means a person:
        (1) in control of; or
        (2) having responsibility for;

IC 6-1.1-24 or IC 6-1.1-25;
                (iv) abandonment;
                (v) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;
                (vi) receivership;
                (vii) transfer from another political subdivision or unit of federal or state government;
                (viii) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
                (ix) other circumstances in which the political subdivision or unit of federal or state government involuntarily acquired an interest in the property because of the political subdivision's or unit's function as sovereign; or
                (x) any other means to conduct remedial actions on a brownfield; and
            (B) is engaged only in activities in conjunction with:
                (i) investigation or remediation of hazardous substances, petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or
                (ii) monitoring or closure of an underground storage tank;
            unless existing contamination on the brownfield is exacerbated due to gross negligence or intentional misconduct by the political subdivision or unit of federal or state government.
    (f) For purposes of subsection (e)(4)(B), reckless, willful, or wanton misconduct constitutes gross negligence.
    (g) "Operator" does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a hazardous substance.
    (h) "Operator" does not include a person that meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.
As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.7; P.L.212-1999, SEC.3; P.L.221-2007, SEC.3; P.L.78-2009, SEC.4; P.L.159-2011, SEC.4; P.L.6-2012, SEC.100.

IC 13-11-2-149
"Outfall"

Sec. 149. "Outfall", for purposes of IC 13-18-4-8, means the point of discharge from a point source.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-149.5
"Outstanding national resource water"
     Sec. 149.5. "Outstanding national resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means a water designated as such by the general assembly after recommendations by the water pollution control board and the environmental quality service council under IC 13-18-3-2(n) and IC 13-18-3-2(o). The designation must describe the quality of the outstanding national resource water to serve as the benchmark of the water quality that shall be maintained and protected. Waters that may be considered for designation as outstanding national resource waters include water bodies that are recognized as:
        (1) important because of protection through official action, such as:
            (A) federal or state law;
            (B) presidential or secretarial action;
            (C) international treaty; or
            (D) interstate compact;
        (2) having exceptional recreational significance;
        (3) having exceptional ecological significance;
        (4) having other special environmental, recreational, or ecological attributes; or
        (5) waters with respect to which designation as an outstanding national resource water is reasonably necessary for protection of other water bodies designated as outstanding national resource waters.
As added by P.L.140-2000, SEC.11. Amended by P.L.1-2001, SEC.13; P.L.78-2009, SEC.5.

IC 13-11-2-149.6
"Outstanding state resource water"
Sec. 149.6. "Outstanding state resource water", for purposes of section 50.5 of this chapter and IC 13-18-3, means any water designated as such by the water pollution control board regardless of when the designation occurred or occurs. Waters that may be considered for designation as outstanding state resource waters include water bodies that have unique or special ecological, recreational, or aesthetic significance.
As added by P.L.140-2000, SEC.12. Amended by P.L.1-2001, SEC.14.

IC 13-11-2-150
"Owner"
Sec. 150. (a) "Owner", for purposes of IC 13-23 (except as provided in subsections (b), (c), (d), (e), (f) and (g)) means:
(1) for an underground storage tank that:

            (A) was:
                (i) in use on November 8, 1984; or
                (ii) brought into use after November 8, 1984;
            for the storage, use, or dispensing of regulated substances, a person who owns the underground storage tank or the real property that is the underground storage tank site, or both; or
            (B) was:
                (i) in use before November 8, 1984; but
                (ii) no longer in use on November 8, 1984;
            a person who owned the tank immediately before the discontinuation of the tank's use; or
        (2) a person who conveyed ownership or control of the underground storage tank to a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government because of:
            (A) bankruptcy;
            (B) foreclosure;
            (C) tax delinquency, including a conveyance under IC 6-1.1-24 or IC 6-1.1-25;
            (D) abandonment;
            (E) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;
            (F) receivership;
            (G) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
            (H) other circumstances in which a political subdivision or unit of federal or state government involuntarily acquired ownership or control because of the political subdivision's or unit's function as sovereign; or
            (I) any other means to conduct remedial actions on a brownfield;
        if the person was a person described in subdivision (1) immediately before the person conveyed ownership or control of the underground storage tank.
    (b) "Owner", for purposes of IC 13-23-13, does not include a person who:
        (1) does not participate in the management of an underground storage tank;
        (2) is otherwise not engaged in the:
            (A) production;
            (B) refining; and
            (C) marketing;
        of regulated substances; and
        (3) holds indicia of ownership primarily to protect the owner's security interest in the tank.
    (c) "Owner", for purposes of IC 13-23, does not include a person that is a lender that did not participate in management of an

underground storage tank before foreclosure, notwithstanding that the person:
        (1) forecloses on the underground storage tank; and
        (2) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or liquidates the underground storage tank, maintains business activities, winds up operations, undertakes a response action under Section 107(d)(1) of CERCLA (42 U.S.C. 9607(d)(1)) or under the direction of an on-scene coordinator appointed under the National Contingency Plan with respect to the underground storage tank, or takes any other measure to preserve, protect, or prepare the underground storage tank prior to sale or disposition;
if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise divest the person of the underground storage tank at the earliest practicable, commercially reasonable time, on commercially reasonable terms, taking into account market conditions and legal and regulatory requirements.
    (d) "Owner", for purposes of IC 13-23, does not include a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government that acquired ownership or control of an underground storage tank because of:
        (1) bankruptcy;
        (2) foreclosure;
        (3) tax delinquency, including an acquisition under IC 6-1.1-24 or IC 6-1.1-25;
        (4) abandonment;
        (5) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;
        (6) receivership;
        (7) transfer from another political subdivision or unit of federal or state government;
        (8) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
        (9) other circumstances in which the political subdivision or unit of federal or state government involuntarily acquired ownership or control because of the political subdivision's or unit's function as sovereign; or
        (10) any other means to conduct remedial actions on a brownfield;
unless the political subdivision or unit of federal or state government causes or contributes to the release or threatened release of a regulated substance, in which case the political subdivision or unit of federal or state government is subject to IC 13-23 in the same manner and to the same extent as a nongovernmental entity under IC 13-23.
    (e) "Owner", for purposes of IC 13-23, does not include a nonprofit corporation that acquired ownership or control of an

underground storage tank to assist and support a political subdivision's revitalization and reuse of a brownfield for noncommercial purposes, including conservation, preservation, and recreation, unless the nonprofit corporation causes or contributes to the release or threatened release of a regulated substance, in which case the nonprofit corporation is subject to IC 13-23 in the same manner and to the same extent as any other nongovernmental entity under IC 13-23.
    (f) "Owner" does not include a person that after June 30, 2009, meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(q) of CERCLA (42 U.S.C. 9607(q)) that apply for purposes of the determination of liability for a release of a hazardous substance.
    (g) "Owner" does not include a person that meets, for purposes of the determination under IC 13-23-13 of liability for a release from an underground storage tank, the exemption criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that apply for purposes of the determination of liability for a release of a hazardous substance, except that the person acquires ownership of the facility after June 30, 2009.
As added by P.L.1-1996, SEC.1. Amended by P.L.208-2005, SEC.10; P.L.221-2007, SEC.4; P.L.78-2009, SEC.6; P.L.159-2011, SEC.5.

IC 13-11-2-151
"Owner or operator"
     Sec. 151. (a) "Owner or operator", for purposes of IC 13-24-1, means the following:
        (1) For a petroleum facility, a person who owns or operates the facility.
        (2) For a petroleum facility where title or control has been conveyed because of:
            (A) bankruptcy;
            (B) foreclosure;
            (C) tax delinquency, including a conveyance under IC 6-1.1-24 or IC 6-1.1-25;
            (D) abandonment;
            (E) the exercise of eminent domain, including any purchase of property once an offer to purchase has been tendered under IC 32-24-1-5;
            (F) receivership;
            (G) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
            (H) other circumstances in which a political subdivision (as defined in IC 36-1-2-13) or unit of federal or state government involuntarily acquired title or control because of the political subdivision's or unit's function as sovereign; or
            (I) any other means to conduct remedial actions on a