Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
 12/02/2008 02:52:05 AM EST
IC 13-11-2
     Chapter 2. Definitions

IC 13-11-2-0.5
"Abatement"
     Sec. 0.5. (a) "Abatement", for purposes of IC 13-17-14, means any measure or set of measures designed to permanently eliminate lead-based paint hazards. The term includes the following:
        (1) The removal of lead-based paint and lead-contaminated dust.
        (2) The permanent enclosure or encapsulation of lead-based paint.
        (3) The replacement of lead-painted surfaces or fixtures.
        (4) The removal or covering of lead-contaminated soil.
        (5) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with subdivisions (1) through (4).
        (6) A project for which there is a written contract or other documentation, providing that a person will be conducting activities in or to a residential dwelling or child-occupied facility that:
            (A) will permanently eliminate lead-based paint hazards; or
            (B) are designed to permanently eliminate lead-based paint hazards as described under subdivisions (1) through (5).
        (7) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons certified under 40 CFR 745.226 or IC 13-17-14, unless the project is described under subsection (b) or (c).
        (8) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons who, through the person's company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities, unless those projects are described under subsection (b) or (c).
        (9) A project resulting in the permanent elimination of lead-based paint hazards that is conducted in response to state or local abatement orders.
    (b) Abatement does not include renovation, remodeling, landscaping, or other activities when those activities are not designed to permanently eliminate lead-based paint hazards but are designed to repair, restore, or remodel a structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.
    (c) Abatement does not include interim controls, operations, or maintenance activities or other measures designed to temporarily reduce lead-based paint hazards.
As added by P.L.123-1997, SEC.1.

IC 13-11-2-0.7
"ABS sensor"

     Sec. 0.7. "ABS sensor", for purposes of IC 13-20-17.7, refers to an anti-lock braking system G-force sensor.
As added by P.L.114-2008, SEC.4.

IC 13-11-2-1
"Active area"
     Sec. 1. "Active area", for purposes of IC 13-20-10, means:
        (1) the raw compostable matter storage area;
        (2) the composting matter area;
        (3) the compost curing area; or
        (4) the compost storage area;
of a composting facility for vegetative matter.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-1.5
"Acute hazardous waste"
     Sec. 1.5. "Acute hazardous waste", for purposes of IC 13-22-4-3.1, has the meaning set forth in 40 CFR Part 261.
As added by P.L.143-2000, SEC.1. Amended by P.L.1-2001, SEC.10.

IC 13-11-2-2
"Administrator"
     Sec. 2. "Administrator" refers to the administrator of the United States Environmental Protection Agency.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-3
"Air contaminant"
     Sec. 3. "Air contaminant", for purposes of air pollution control laws, means:
        (1) dust;
        (2) fumes;
        (3) gas;
        (4) mist;
        (5) smoke;
        (6) vapor; or
        (7) any combination of the items described in subdivisions (1) through (6).
As added by P.L.1-1996, SEC.1.

IC 13-11-2-4
"Air contaminant source"
     Sec. 4. (a) "Air contaminant source", for purposes of air pollution control laws, means all sources of emission of air contaminants, whether privately or publicly owned or operated.
    (b) The term includes the following:
        (1) All types of business, commercial and industrial plants, works, shops, stores, heating plants, powerplants, and power stations.
        (2) Buildings and other structures of all types, including single

and multiple family residences, apartments, houses, office buildings, public buildings, hotels, restaurants, schools, hospitals, churches, and other institutional buildings.
        (3) Automobiles, trucks, tractors, buses, and other motor vehicles.
        (4) Garages.
        (5) Vending and service locations and stations and railroad locomotives.
        (6) Ships, boats, and other watercraft.
        (7) Portable fuel-burning equipment.
        (8) Incinerators of all types, indoor and outdoor.
        (9) Refuse dumps and piles.
        (10) All stack and other chimney outlets from any of the items described in subdivisions (1) through (9).
As added by P.L.1-1996, SEC.1.

IC 13-11-2-5
"Air pollution"
     Sec. 5. "Air pollution", for purposes of air pollution control laws and environmental management laws, means the presence in or the threatened discharge into the atmosphere of one (1) or more contaminants in sufficient quantities and of the characteristics and duration that:
        (1) is injurious to or threatens to be injurious to human health, plant or animal life, or property; or
        (2) interferes unreasonably with the enjoyment of life or property.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-6
"Air pollution control laws"
     Sec. 6. "Air pollution control laws" refers to IC 13-17, except for the following:
        (1) IC 13-17-3-15.
        (2) IC 13-17-7.
        (3) IC 13-17-8-10.
        (4) IC 13-17-9.
        (5) IC 13-17-10.
        (6) IC 13-17-11.
        (7) IC 13-17-13.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-7
"Alternative PCB technology"
     Sec. 7. "Alternative PCB technology", for purposes of IC 13-17-10, means a technology for the treatment and disposal of PCB that presents:
        (1) an actual; or
        (2) a potential;
alternative to incineration.

As added by P.L.1-1996, SEC.1.

IC 13-11-2-7.5
"Antique"
     Sec. 7.5. "Antique", for purposes of IC 13-20-17.5, refers to a product manufactured before 1980.
As added by P.L.225-2001, SEC.1.

IC 13-11-2-8
"Applicant"
     Sec. 8. (a) "Applicant", for purposes of IC 13-19-4, means an individual, a corporation, a limited liability company, a partnership, or a business association that:
        (1) receives, for commercial purposes, solid or hazardous waste generated offsite for storage, treatment, processing, or disposal; and
        (2) applies for the issuance, transfer, or major modification of a permit described in IC 13-15-1-3 other than a post-closure permit or an emergency permit.
For purposes of this subsection, an application for the issuance of a permit does not include an application for renewal of a permit.
    (b) "Applicant", for purposes of IC 13-20-2, means an individual, a corporation, a limited liability company, a partnership, or a business association that applies for an original permit for the construction or operation of a landfill.
    (c) For purposes of subsection (a), "applicant" does not include an individual, a corporation, a limited liability company, a partnership, or a business association that:
        (1) generates solid or hazardous waste; and
        (2) stores, treats, processes, or disposes of the solid or hazardous waste at a site that is:
            (A) owned by the individual, corporation, partnership, or business association; and
            (B) limited to the storage, treatment, processing, or disposal of solid or hazardous waste generated by that individual, corporation, limited liability company, partnership, or business association.
As added by P.L.1-1996, SEC.1. Amended by P.L.154-2005, SEC.1.

IC 13-11-2-9
"Application"
     Sec. 9. "Application", for purposes of IC 13-15-4 and IC 13-15-12, means an application for a:
        (1) permit; or
        (2) determination related to a permit;
that is described in IC 13-15-4-1.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-10
"Asbestos"

     Sec. 10. "Asbestos", for purposes of IC 13-17-6, means an asbestiform variety of the following:
        (1) Chrysotile (serpentine).
        (2) Crocidolite (riebeckite).
        (3) Amosite (cummingtonite-grunerite).
        (4) Anthophyllite.
        (5) Tremolite.
        (6) Actinolite.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-11
"Asbestos containing material"
     Sec. 11. (a) "Asbestos containing material", for purposes of IC 13-17-6, means material that contains more than one percent (1%) asbestos by area and that:
        (1) is friable; or
        (2) has a reasonable probability of becoming friable in the course of ordinary or anticipated use of the building containing the material.
    (b) The term does not include asbestos containing resilient floor covering materials, including:
        (1) sheet vinyl flooring;
        (2) resilient tile; and
        (3) associated adhesives;
unless the materials are sanded, beadblasted, or mechanically pulverized so that visible asbestos emissions are discharged.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-12
"Asbestos contractor"
     Sec. 12. "Asbestos contractor", for purposes of IC 13-17-6, means an individual, a partnership, a corporation, a sole proprietorship, an unincorporated association, a franchise, an enterprise, or any other entity that enters into one (1) or more contracts providing for the individual or entity to engage in the inspection, management, or abatement of asbestos containing material for compensation.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-13
"Asbestos project"
     Sec. 13. "Asbestos project", for purposes of IC 13-17-6, means an activity involving the:
        (1) abatement;
        (2) removal;
        (3) renovation;
        (4) enclosure;
        (5) repair; or
        (6) encapsulation;
of asbestos containing material.
As added by P.L.1-1996, SEC.1.


IC 13-11-2-14
"Assistance"
     Sec. 14. "Assistance", for purposes of IC 13-14-10-3, means supplies, materials, services, and equipment to:
        (1) prevent the discharge of any contaminant; or
        (2) control, contain, isolate, neutralize, remove, store, or dispose of any contaminant already discharged into or on the air, land, or waters of Indiana.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-15
"Assistant commissioner"
     Sec. 15. "Assistant commissioner", for purposes of IC 13-27, refers to the individual appointed by the commissioner under IC 13-27-2-2 to the highest position in the division of pollution prevention.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-15.5
"ASTM"
     Sec. 15.5. "ASTM" refers to the American Society for Testing and Materials.
As added by P.L.215-2003, SEC.3.

IC 13-11-2-16
"Authority"
     Sec. 16. (a) "Authority", for purposes of IC 13-22-10, refers to the Indiana hazardous waste facility site approval authority.
    (b) "Authority", for purposes of IC 13-18-13, IC 13-18-21, and IC 13-19-5, refers to the Indiana finance authority created under IC 4-4-11.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.3; P.L.59-1997, SEC.2; P.L.14-2001, SEC.1; P.L.235-2005, SEC.126.

IC 13-11-2-16.3
"Automotive salvage recycler"
     Sec. 16.3. (a) "Automotive salvage recycler", for purposes of this chapter, means a business that:
        (1) acquires damaged, inoperative, discarded, abandoned, or salvage motor vehicles, or their remains, as stock-in-trade;
        (2) dismantles and processes the vehicles or remains for the reclamation and sale of reusable components and parts; and
        (3) disposes of recyclable materials 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.2.

IC 13-11-2-16.5
"Automobile scrapyard"

     Sec. 16.5. (a) "Automobile scrapyard", for purposes of this chapter, means a business organized for any of the following purposes:
        (1) Processing scrap metal.
        (2) Wrecking automobiles.
        (3) Operating a junkyard.
    (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.3.

IC 13-11-2-17
"Board"
     Sec. 17. (a) "Board", except as provided in subsections (b) through (i), refers to:
        (1) the air pollution control board;
        (2) the water pollution control board; or
        (3) the solid waste management board.
    (b) "Board", for purposes of IC 13-13-6, refers to the northwest Indiana advisory board.
    (c) "Board", for purposes of IC 13-17, refers to the air pollution control board.
    (d) "Board", for purposes of IC 13-18, refers to the water pollution control board.
    (e) "Board", for purposes of:
        (1) IC 13-19;
        (2) IC 13-20;
        (3) IC 13-22;
        (4) IC 13-23, except IC 13-23-11;
        (5) IC 13-24; and
        (6) IC 13-25;
refers to the solid waste management board.
    (f) "Board", for purposes of IC 13-21, refers to the board of directors of a solid waste management district.
    (g) "Board", for purposes of IC 13-23-11, refers to the underground storage tank financial assurance board.
    (h) "Board", for purposes of IC 13-26, refers to the board of trustees of a regional water, sewage, or solid waste district.
    (i) "Board", for purposes of IC 13-27 and IC 13-27.5, refers to the clean manufacturing technology board.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.1; P.L.1-2002, SEC.61; P.L.2-2005, SEC.52.

IC 13-11-2-18
"Boards"
     Sec. 18. "Boards" refers to all of the following:
        (1) The air pollution control board.
        (2) The water pollution control board.
        (3) The solid waste management board.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-19
"Broker"
     Sec. 19. "Broker", for purposes of IC 13-20-4 and IC 13-20-6, means a person who is in the business of making arrangements for the transportation of municipal waste that was generated by another person.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-19.3
"Brownfield"
     Sec. 19.3. "Brownfield" means a parcel of real estate:
        (1) that:
            (A) is abandoned or inactive; or
            (B) may not be operated at its appropriate use; and
        (2) on which expansion, redevelopment, or reuse is complicated;
because of the presence or potential presence of a hazardous substance, a contaminant, petroleum, or a petroleum product that poses a risk to human health and the environment.
As added by P.L.59-1997, SEC.3. Amended by P.L.203-2003, SEC.1.

IC 13-11-2-19.5
"Budget agency"
     Sec. 19.5. "Budget agency" refers to the budget agency created under IC 4-12-1-3.
As added by P.L.59-1997, SEC.4.

IC 13-11-2-20
"Business"
     Sec. 20. "Business", for purposes of IC 13-27, means a person that carries on a business or commercial operation in Indiana.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-21
"Business organization"
     Sec. 21. "Business organization", for purposes of IC 13-27, means an organization whose members include businesses.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-22
"Byproduct material"
     Sec. 22. "Byproduct material", for purposes of IC 13-22-10, has the meaning set forth in section 11e. (2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)), as in effect on January 1, 1987.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1996, SEC.4.

IC 13-11-2-23
"Care"
     Sec. 23. "Care", for purposes of IC 13-29-1, means the continued observation of a facility after closure for the purposes of detecting a

need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and including the correction of problems which are detected as a result of that observation.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-24
"CERCLA"
     Sec. 24. "CERCLA", for purposes of IC 13-25-4, refers to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.), as in effect on January 1, 1987.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-25
"Chemical munition"
     Sec. 25. "Chemical munition", for purposes of IC 13-22-3-10, means any of the following:
        (1) GA (Ethyl-N, N-dimethyl phosphoramidocyanidate).
        (2) GB (Isopropyl methyl phosphonoflouridate).
        (3) H, HD (Bis(2-chloroethyl) sulfide).
        (4) HT (Sixty percent (60%) HD and forty percent (40%) T (Bis[2(2-chloroethyl-thio)ethyl]ester)).
        (5) L (Dichloro(2-chlorovinyl)arsine).
        (6) VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl phosphonothiolate).
As added by P.L.1-1996, SEC.1.

IC 13-11-2-25.5
"Child-occupied facility"
     Sec. 25.5. "Child-occupied facility", for purposes of lead-based paint activities and IC 13-17-14, means a building or a portion of a building that:
        (1) was constructed before 1978;
        (2) does not qualify as target housing (as defined in section 229.5 of this chapter); and
        (3) is visited regularly by a child who is not more than six (6) years of age and any of the following conditions exist for the building or portion of the building:
            (A) The child visits at least two (2) days a week (Sunday through Saturday) and each of the visits lasts at least three (3) hours.
            (B) The child visits at least six (6) hours each week.
            (C) The child's combined annual visits during a calendar year total at least sixty (60) hours.
The term includes day-care centers, preschools, and kindergarten classrooms.
As added by P.L.123-1997, SEC.2.

IC 13-11-2-25.7
"Claimant"
     Sec. 25.7. "Claimant", as used in IC 13-23-8 and IC 13-23-9, refers to a person that submits a claim under IC 13-23-8-1.
As added by P.L.14-2001, SEC.2.

IC 13-11-2-25.8
"Class I wetland"; Class II wetland"; Class III wetland"
     Sec. 25.8. (a) For purposes of IC 13-18:
        (1) "Class I wetland" means an isolated wetland described by one (1) or both of the following:
            (A) At least fifty percent (50%) of the wetland has been disturbed or affected by human activity or development by one (1) or more of the following:
                (i) Removal or replacement of the natural vegetation.
                (ii) Modification of the natural hydrology.
            (B) The wetland supports only minimal wildlife or aquatic habitat or hydrologic function because the wetland does not provide critical habitat for threatened or endangered species listed in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and the wetland is characterized by at least one (1) of the following:
                (i) The wetland is typified by low species diversity.
                (ii) The wetland contains greater than fifty percent (50%) areal coverage of non-native invasive species of vegetation.
                (iii) The wetland does not support significant wildlife or aquatic habitat.
                (iv) The wetland does not possess significant hydrologic function;
        (2) "Class II wetland" means:
            (A) an isolated wetland that is not a Class I or Class III wetland; or
            (B) a type of wetland listed in subdivision (3)(B) that would meet the definition of Class I wetland if the wetland were not a rare or ecologically important type; and
        (3) "Class III wetland" means an isolated wetland:
            (A) that is located in a setting undisturbed or minimally disturbed by human activity or development and that supports more than minimal wildlife or aquatic habitat or hydrologic function; or
            (B) unless classified as a Class II wetland under subdivision (2)(B), that is of one (1) of the following rare and ecologically important types:
                (i) Acid bog.
                (ii) Acid seep.
                (iii) Circumneutral bog.
                (iv) Circumneutral seep.
                (v) Cypress swamp.
                (vi) Dune and swale.

                (vii) Fen.
                (viii) Forested fen.
                (ix) Forested swamp.
                (x) Marl beach.
                (xi) Muck flat.
                (xii) Panne.
                (xiii) Sand flat.
                (xiv) Sedge meadow.
                (xv) Shrub swamp.
                (xvi) Sinkhole pond.
                (xvii) Sinkhole swamp.
                (xviii) Wet floodplain forest.
                (xix) Wet prairie.
                (xx) Wet sand prairie.
    (b) For purposes of this section, a wetland or setting is not considered disturbed or affected as a result of an action taken after January 1, 2004, for which a permit is required under IC 13-18-22 but has not been obtained.
As added by P.L.282-2003, SEC.21. Amended by P.L.52-2004, SEC.1.

IC 13-11-2-26
"Class 2 modification"
     Sec. 26. "Class 2 modification", for purposes of IC 13-22-12, refers to the modification classification system described under 40 CFR 270.42.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-27
"Class 3 modification"
     Sec. 27. "Class 3 modification", for purposes of IC 13-22-12, refers to the modification classification system described under 40 CFR 270.42.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-27.6
"Clean manufacturing"
     Sec. 27.6. (a) “Clean manufacturing", for purposes of IC 13-12, IC 13-27, and IC 13-27.5, means the employment by a manufacturer of a practice that:
        (1) reduces the manufacturing use of toxic materials; or
        (2) reduces the environmental and health hazards associated with an environmental waste without diluting or concentrating the waste before the:
            (A) recycling;
            (B) release;
            (C) handling;
            (D) storage;
            (E) transport;
            (F) treatment; or

            (G) disposal;
        of the waste.
    (b) The term includes changes in production technology, materials, processes, operations, or procedures.
    (c) The term does not include the following:
        (1) A practice that is applied to an environmental waste after the waste:
            (A) is generated or comes into existence; or
            (B) exits a production unit or operation.
        (2) Waste burning in:
            (A) industrial furnaces;
            (B) boilers;
            (C) smelters; or
            (D) cement kilns;
        for purposes of energy recovery.
        (3) Waste shifting.
        (4) Offsite recycling.
        (5) Onsite recycling, including the following:
            (A) Inprocess recycling.
            (B) Inline recycling.
            (C) Out-of-process recycling.
            (D) Closed loop recycling.
            (E) Any other onsite recycling method.
        (6) Any other method of end-of-pipe management of environmental wastes, including the following:
            (A) Waste exchange.
            (B) The incorporation or embedding of regulated environmental wastes into products or byproducts.
As added by P.L.124-1997, SEC.2.

IC 13-11-2-28
Repealed
    (Repealed by P.L.127-1997, SEC.2.)

IC 13-11-2-29
"Clean Water Act"
     Sec. 29. "Clean Water Act", for purposes of this chapter, IC 13-18-13, IC 13-18-22, and IC 13-18-23, refers to:
        (1) 33 U.S.C. 1251 et seq.; and
        (2) regulations adopted under 33 U.S.C. 1251 et seq.
As added by P.L.1-1996, SEC.1. Amended by P.L.282-2003, SEC.22.

IC 13-11-2-30
"Cleaning"
     Sec. 30. "Cleaning", for purposes of IC 13-18-12, means:
        (1) removal of wastewater from sewage disposal systems; and
        (2) other actions incidental to that removal.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-31

"Coal mine permit"
     Sec. 31. "Coal mine permit", for purposes of IC 13-18-20, refers to a National Pollutant Discharge Elimination System (NPDES) permit that involves the area on or beneath land used or distributed in activity related to the extraction, removal, or recovery of coal from natural deposits of coal.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-31.3
"Combined sewage"
     Sec. 31.3. "Combined sewage", for purposes of sections 31.4 and 31.6 of this chapter and IC 13-18, refers to a combination of wastewater (including domestic, commercial, or industrial wastewater) and storm water transported in a combined sewer or combined sewer system.
As added by P.L.140-2000, SEC.1.

IC 13-11-2-31.4
"Combined sewer"
     Sec. 31.4. "Combined sewer", for purposes of sections 31.3, 31.6, and 120.5 of this chapter, IC 13-14-9-14, and IC 13-18, means a sewer that is designed, constructed, and used to receive and transport combined sewage.
As added by P.L.140-2000, SEC.2. Amended by P.L.100-2006, SEC.3.

IC 13-11-2-31.5
"Combined sewer operational plan"
     Sec. 31.5. "Combined sewer operational plan", for purposes of IC 13-18, means a plan that contains the minimum technology controls applicable to, and requirements for operation and maintenance of, a combined sewer system:
        (1) before;
        (2) during; and
        (3) upon the completion of;
the implementation of a long term control plan.
As added by P.L.140-2000, SEC.3.

IC 13-11-2-31.6
"Combined sewer system"
     Sec. 31.6. "Combined sewer system", for purposes of sections 31.3, 31.5, 43.5, and 120.5 of this chapter and IC 13-18, means a system of combined sewers that:
        (1) is designed, constructed, and used to receive and transport combined sewage to a publicly owned wastewater treatment plant; and
        (2) may contain one (1) or more overflow points that discharge combined sewage entering the publicly owned wastewater treatment plant when the hydraulic capacity of the system or part of the system is exceeded as a result of a wet weather

event.
As added by P.L.140-2000, SEC.4. Amended by P.L.1-2006, SEC.197.

IC 13-11-2-32
"Commercial hazardous waste facility"
     Sec. 32. "Commercial hazardous waste facility", for purposes of IC 13-22-10, means a plant, structure, or site at which hazardous waste, generated by:
        (1) a person other than the owner or operator of the plant, structure, or site; or
        (2) the owner or operator of the plant, structure, or site as a result of treatment or storage of wastes generated by persons other than the owner or operator;
is received for treatment, storage, or disposal.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-33
"Commercial low level radioactive waste facility"
     Sec. 33. "Commercial low level radioactive waste facility", for purposes of IC 13-22-10, means a plant, structure, or site at which low level radioactive waste, generated by:
        (1) a person other than the owner or operator of the plant, structure, or site; or
        (2) the owner or operator of the plant, structure, or site as a result of treatment or storage of low level radioactive wastes generated by persons other than the owner or operator;
is received for treatment, storage, or disposal.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-34
"Commission"
     Sec. 34. (a) "Commission", for purposes of IC 13-25-1 and IC 13-25-2, refers to the Indiana emergency response commission.
    (b) "Commission", for purposes of IC 13-29-1, means the Midwest Interstate Low-Level Radioactive Waste Commission.
    (c) "Commission", for purposes of IC 13-29-2-2 through IC 13-29-2-7, refers to the Ohio River Valley Water Sanitation Commission.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-35
"Commissioner"
     Sec. 35. (a) "Commissioner", except as provided in subsection (b), refers to the commissioner of the department of environmental management.
    (b) "Commissioner", for purposes of IC 13-29-2-2 through IC 13-29-2-7, means a member of the Ohio River Valley Water Sanitation Commission.
As added by P.L.1-1996, SEC.1.


IC 13-11-2-35.5
"Community water system"
     Sec. 35.5. "Community water system", for purposes of IC 13-18-20.5, means a public water system:
        (1) that:
            (A) serves at least fifteen (15) service connections used by year-round residents; or
            (B) regularly serves at least twenty-five (25) year-round residents; and
        (2) in which:
            (A) all the service connections are located on the same parcel of real estate; or
            (B) all the components of the system are connected.
As added by P.L.224-2003, SEC.128. Amended by P.L.61-2007, SEC.1.

IC 13-11-2-36
"Compact"
     Sec. 36. "Compact", for purposes of IC 13-29-2-2 through IC 13-29-2-7, refers to the Ohio River Valley Water Sanitation Compact.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-36.3
"Compensatory mitigation"
     Sec. 36.3. "Compensatory mitigation", for purposes of IC 13-18-22, means the:
        (1) restoration; or
        (2) creation;
of wetlands to offset or compensate for a loss of wetlands resulting from an authorized wetland activity. Wetlands enlargement, enhancement, and preservation may be considered compensatory mitigation on a case-by-case basis, particularly for Class III wetlands.
As added by P.L.282-2003, SEC.23.

IC 13-11-2-36.5
"Component"
     Sec. 36.5. "Component", for purposes of IC 13-17-14, has the meaning set forth in 24 CFR 35.110, as in effect July 1, 2002.
As added by P.L.99-2002, SEC.1.

IC 13-11-2-37
"Compost"
     Sec. 37. "Compost", for purposes of IC 13-20-10, means the product:
        (1) produced by the process of composting vegetative matter and other types of organic material; and
        (2) that may be used:
            (A) as a soil conditioner;
            (B) as a cover material for a solid waste landfill; or

            (C) for another use approved by the department.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-38
"Composting"
     Sec. 38. (a) "Composting", for purposes of IC 13-20-9 and IC 13-20-10, means the biological treatment process by which microorganisms decompose the organic component of vegetative matter and other types of organic material.
    (b) "Composting", for purposes of IC 13-21, means an aerobic degradation process by which plant and other organic wastes decompose under controlled conditions to produce a usable product.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-38.3
"Concentrated animal feeding operation" or "CAFO"
     Sec. 38.3. "Concentrated animal feeding operation" or "CAFO", for purposes of IC 13-18-10 and IC 13-18-20, has the meaning set forth in 40 CFR 122.23.
As added by P.L.24-2004, SEC.2.

IC 13-11-2-38.5
"Conditionally exempt small quantity generator waste"
     Sec. 38.5. "Conditionally exempt small quantity generator waste", for purposes of IC 13-20-20 and IC 13-25-4, means waste generated by a conditionally exempt small quantity generator (as defined in 40 CFR 261.5).
As added by P.L.237-1999, SEC.1.

IC 13-11-2-39
"Confined feeding"
     Sec. 39. (a) "Confined feeding", for purposes of IC 13-18-10, means the confined feeding of animals for food, fur, or pleasure purposes in lots, pens, ponds, sheds, or buildings where:
        (1) animals are confined, fed, and maintained for at least forty-five (45) days during any twelve (12) month period; and
        (2) ground cover or vegetation is not sustained over at least fifty percent (50%) of the animal confinement area.
    (b) The term does not include the following:
        (1) A livestock market:
            (A) where animals are assembled from at least two (2) sources to be publicly auctioned or privately sold on a commission basis; and
            (B) that is under state or federal supervision.
        (2) A livestock sale barn or auction market where animals are kept for not more than ten (10) days.
As added by P.L.1-1996, SEC.1. Amended by P.L.125-1997, SEC.1.

IC 13-11-2-40
"Confined feeding operation"

     Sec. 40. "Confined feeding operation", for purposes of IC 13-18-10, means:
        (1) any confined feeding of:
            (A) at least three hundred (300) cattle;
            (B) at least six hundred (600) swine or sheep; and
            (C) at least thirty thousand (30,000) fowl;
        (2) any animal feeding operation electing to be subject to IC 13-18-10; or
        (3) any animal feeding operation that is causing a violation of:
            (A) water pollution control laws;
            (B) any rules of the water pollution control board; or
            (C) IC 13-18-10.
A determination by the department under this subdivision is appealable under IC 4-21.5.
As added by P.L.1-1996, SEC.1. Amended by P.L.125-1997, SEC.2.

IC 13-11-2-40.8
"Construction"
     Sec. 40.8. "Construction", for purposes of IC 13-18-10, means the fabrication, erection, or installation of a facility or manure control equipment at the location where the facility or manure control equipment is intended to be used. The term does not include the following:
        (1) The dismantling of existing equipment and control devices.
        (2) The ordering of equipment and control devices.
        (3) Offsite fabrication.
        (4) Site preparation.
As added by P.L.125-1997, SEC.3.

IC 13-11-2-41
"Construction\demolition waste"
     Sec. 41. (a) "Construction\demolition waste", for purposes of IC 13-20-21, means:
        (1) bricks;
        (2) concrete;
        (3) stone;
        (4) glass;
        (5) wallboard;
        (6) lumber;
        (7) roofing materials; and
        (8) any other items;
affixed to a structure that is being constructed or demolished and being disposed of at a waste disposal facility.
    (b) The term includes the following:
        (1) Plumbing fixtures.
        (2) Wiring.
        (3) Nonasbestos insulation.
        (4) Other items approved by the department.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-42
"Contaminant"
     Sec. 42. "Contaminant", for purposes of environmental management laws, means any solid, semi-solid, liquid, or gaseous matter, or any odor, radioactive material, pollutant (as defined by the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as in effect on January 1, 1989), hazardous waste (as defined in the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), as in effect on January 1, 1989), any constituent of a hazardous waste, or any combination of the items described in this section, from whatever source, that:
        (1) is injurious to human health, plant or animal life, or property;
        (2) interferes unreasonably with the enjoyment of life or property; or
        (3) otherwise violates:
            (A) environmental management laws; or
            (B) rules adopted under environmental management laws.
The term includes chemicals used in the illegal manufacture of a controlled substance (as defined in IC 35-48-1-9) or an immediate precursor (as defined in IC 35-48-1-17) of a controlled substance, and waste produced from the illegal manufacture of a controlled substance or an immediate precursor of the controlled substance.
As added by P.L.1-1996, SEC.1. Amended by P.L.2-1998, SEC.44; P.L.192-2005, SEC.5.

IC 13-11-2-43
"Contamination"
     Sec. 43. "Contamination", for purposes of IC 13-18-17, refers to the presence in groundwater of at least one (1) contaminant in a quantity or concentration that:
        (1) is injurious to human health, plant or animal life, or property;
        (2) interferes unreasonably with the enjoyment of life or property; or
        (3) otherwise violates:
            (A) environmental management laws; or
            (B) rules adopted under environmental management laws.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-43.5
"Control alternative"
     Sec. 43.5. "Control alternative", for purposes of IC 13-18, means any of the following measures, or any combination of the following measures, for the control of wet weather flows in a combined sewer system:
        (1) Source controls.
        (2) Collection system controls.
        (3) Storage technologies.
        (4) Treatment technologies.

As added by P.L.140-2000, SEC.5.

IC 13-11-2-44
"Cost"
     Sec. 44. "Cost", for purposes of IC 13-21 and as applied to a facility or any part of a facility, includes the following:
        (1) The cost of construction, modification, decommissioning, disposal, or acquisition of the facility or any part of the facility.
        (2) Financing charges.
        (3) Interest before and during construction and for a reasonable period after the construction as determined by the board of directors.
        (4) The cost of funding reserves to secure the payment of principal and interest on bonds issued by the district.
        (5) The cost of funding an operation and maintenance reserve fund.
        (6) The cost of funding a major repair or replacement fund.
        (7) Legal and underwriting expenses.
        (8) Municipal bond insurance premiums.
        (9) The cost of plans, specifications, surveys, and estimates of costs and revenues.
        (10) Other expenses necessary or incidental to determining the feasibility or practicability of constructing the facility.
        (11) Administrative expense.
        (12) Other expenses necessary or incidental to the construction, modification, or acquisition of the facility, the financing of the construction, modification, or acquisition of the facility, and the placing of the facility in operation.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-45
"Cost of the works"
     Sec. 45. "Cost of the works", for purposes of IC 13-26, includes the following:
        (1) The cost of acquisition or construction of the works.
        (2) The cost of all property, rights, easements, and franchises that are necessary or convenient.
        (3) Interest upon bonds before and during construction or acquisition and for a period not exceeding twenty-four (24) months after completion of construction or acquisition of the improvements last mentioned.
        (4) Engineering and legal expenses, expenses for estimates of cost and of revenues, and expenses for plans, specifications, and surveys.
        (5) Other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expenses, and other expenses necessary or incident to the financing and construction or acquisition of the works, placing the works in operation, and the performance of the thing required or permitted by this chapter in connection with the

works.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-46
"Council"
     Sec. 46. "Council", for purposes of IC 13-13-7, refers to the environmental quality service council established by IC 13-13-7-1, unless the specific reference is to the legislative council.
As added by P.L.1-1996, SEC.1. Amended by P.L.12-2005, SEC.1.

IC 13-11-2-47
"County solid waste management district" or "county district"
     Sec. 47. "County solid waste management district" or "county district", for purposes of IC 13-21, refers to a solid waste management district that consists of only one (1) county.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-48
"Creditor"
     Sec. 48. "Creditor", for purposes of IC 13-25-4-8, means, with respect to a facility, a person who:
        (1) has extended credit to an owner or operator of the facility;
        (2) has an interest in the facility to secure an extension of credit; or
        (3) has acquired title or a right to title to the facility:
            (A) upon default;
            (B) at foreclosure; or
            (C) in lieu of foreclosure as a result of an extension of credit secured by an interest in the facility, unless the extension of credit was solely for the purpose of avoiding environmental liability.
As added by P.L.1-1996, SEC.1. Amended by P.L.90-1998, SEC.1.

IC 13-11-2-49
"Damage"
     Sec. 49. "Damage", for purposes of IC 13-24-2, means damage of any kind for which liability may exist under Indiana law:
        (1) resulting from;
        (2) arising out of; or
        (3) related to;
the discharge or threatened discharge of oil.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-50
"Decommissioning"
     Sec. 50. (a) "Decommissioning", for purposes of IC 13-23, means the removal or closure of an underground storage tank.
    (b) "Decommissioning", for purposes of IC 13-29-1, means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or

other potential hazards present at a facility.
As added by P.L.1-1996, SEC.1. Amended by P.L.67-1996, SEC.3.

IC 13-11-2-50.5
"Degradation"
     Sec. 50.5. "Degradation", for purposes of IC 13-18-3, means, with respect to a National Pollutant Discharge Elimination System permit, the following:
        (1) With respect to an outstanding national resource water, any new or increased discharge of a pollutant or a pollutant parameter, except for a short term, temporary increase.
        (2) With respect to an outstanding state resource water or an exceptional use water, any new or increased discharge of a pollutant or pollutant parameter that results in a significant lowering of water quality for that pollutant or pollutant parameter, unless:
            (A) the activity causing the increased discharge:
                (i) results in an overall improvement in water quality in the outstanding state resource water or exceptional use water; and
                (ii) meets the applicable requirements of 327 IAC 2-1-2(1) and (2) and 327 IAC 2-1.5-4(a) and (b); or
            (B) the person proposing the increased discharge undertakes or funds a water quality improvement project in accordance with IC 13-18-3-2(l) in the watershed of the outstanding state resource water or exceptional use water that:
                (i) results in an overall improvement in water quality in the outstanding state resource water or exceptional use water; and
                (ii) meets the applicable requirements of 327 IAC 2-1-2(1) and (2) and 327 IAC 2-1.5-4(a) and (b).
As added by P.L.140-2000, SEC.6. Amended by P.L.1-2001, SEC.11.

IC 13-11-2-51
"Department"
     Sec. 51. "Department" refers to the department of environmental management.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-52
"Department enforcement action"
     Sec. 52. "Department enforcement action", for purposes of IC 13-14-6, means an action of the department commenced under IC 13-30-3-3.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-53
"Developer"
     Sec. 53. "Developer", for purposes of IC 13-21, means a person that:

        (1) proposes to enter into or has entered into a financing agreement with the district for financing a facility; and
        (2) proposes to enter into or has entered into a separate agreement with some other person for the use and operation of the financed facility.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-54
"Director"
     Sec. 54. “Director", for purposes of IC 13-27.5, refers to the director of the Indiana clean manufacturing technology and safe materials institute.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.3.

IC 13-11-2-55
"Discharge"
     Sec. 55. "Discharge", for purposes of IC 13-24-2, means any emission or spill, other than natural seepage, that is intentional or unintentional. The term includes any of the following:
        (1) Spilling.
        (2) Leaking.
        (3) Pumping.
        (4) Pouring.
        (5) Emitting.
        (6) Emptying.
        (7) Dumping.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-56
"Disclosure document"
     Sec. 56. "Disclosure document", for purposes of IC 13-25-3, means a document that sets forth certain information about a property that is to be transferred.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-57
"Disposal"
     Sec. 57. "Disposal", for purposes of environmental management laws, means the:
        (1) discharge;
        (2) deposit;
        (3) injection;
        (4) spilling;
        (5) leaking; or
        (6) placing;
of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.
    (b) "Disposal", for purposes of IC 13-29-1, means the isolation of

waste from the biosphere in a permanent facility designed for that purpose.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-57.1
"Disposal fee"
     Sec. 57.1. "Disposal fee", for purposes of IC 13-20-23, means a fee levied on the disposal of municipal waste in exchange for permission to construct or operate a landfill under a host agreement.
As added by P.L.133-1998, SEC.2.

IC 13-11-2-58
"District"
     Sec. 58. (a) "District", for purposes of IC 13-20-17.5, IC 13-20-20, IC 13-21, and IC 13-20-22, refers to:
        (1) a county solid waste management district; or
        (2) a joint solid waste management district;
established under IC 13-21-3-1 or IC 13-9.5-2-1 (before its repeal).
    (b) "District", for purposes of IC 13-26, refers to a regional water, sewage, or solid waste district established under:
        (1) IC 13-26;
        (2) IC 13-3-2 (before its repeal on July 1, 1996); or
        (3) IC 19-3-1.1 (before its repeal on April 1, 1980).
As added by P.L.1-1996, SEC.1. Amended by P.L.45-1997, SEC.3; P.L.225-2001, SEC.2.

IC 13-11-2-59
"District plan"
     Sec. 59. "District plan", for purposes of IC 13-21, refers to a district solid waste management plan adopted or amended under IC 13-21-5 or IC 13-9.5-4 (before its repeal).
As added by P.L.1-1996, SEC.1.

IC 13-11-2-60
"Division"
     Sec. 60. "Division", for purposes of IC 13-27, refers to the division of pollution prevention.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-61
"Dredged material"
     Sec. 61. "Dredged material", for purposes of this chapter, means material that is dredged or excavated from an isolated wetland.
As added by P.L.52-2004, SEC.2. Amended by P.L.2-2005, SEC.53.

IC 13-11-2-61.5
"Elevated blood lead level (EBL)"
     Sec. 61.5. "Elevated blood lead level (EBL)", for purposes of IC 13-17-14, means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of twenty (20)

micrograms of lead per deciliter of whole blood for one (1) venous test or of fifteen (15) to nineteen (19) micrograms of lead per deciliter of whole blood in two (2) consecutive tests taken three (3) to four (4) months apart.
As added by P.L.123-1997, SEC.3.

IC 13-11-2-62
"Eligible entity"
     Sec. 62. "Eligible entity", for purposes of IC 13-26, means a county, city, town, township, conservancy district, or other municipal corporation.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-63
"Eligible state"
     Sec. 63. "Eligible state", for purposes of IC 13-29-1, means a state qualified to be a party state to the Midwest Interstate Compact on Low-Level Radioactive Waste as provided in Article VIII of the compact.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-64
"Emergency"
     Sec. 64. "Emergency", for purposes of IC 13-20-9-4, means the occurrence of widespread or severe damage or loss of property resulting from any natural or manmade cause, including fire, flood, earthquake, wind, storm, drought, or explosion.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-65
"Emergency action"
     Sec. 65. "Emergency action", for purposes of IC 13-25-6, means any action taken at or near the scene of a hazardous materials emergency to prevent or minimize harm to:
        (1) human health;
        (2) property; or
        (3) the environment;
from the uncontrolled release of a hazardous material.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-66
"Emergency response agency"
     Sec. 66. "Emergency response agency", for purposes of IC 13-25-6, means:
        (1) the state police;
        (2) the environmental response branch of the department;
        (3) a police department established under IC 36-8-2-2;
        (4) a fire department established under IC 36-8-2-3;
        (5) any agency of a governmental entity, or any combination of agencies of governmental entities, that provides:

            (A) firefighting services;
            (B) emergency rescue services; or
            (C) emergency medical services; or
        (6) any other agency of a governmental entity that provides manpower, equipment, or supplies at the scene of a hazardous materials emergency.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-66.5
"Encapsulant"
     Sec. 66.5. "Encapsulant", for purposes of IC 13-17-14, means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material.
As added by P.L.123-1997, SEC.4.

IC 13-11-2-66.7
"Encapsulation"
     Sec. 66.7. "Encapsulation", for purposes of IC 13-17-14, means the application of an encapsulant.
As added by P.L.123-1997, SEC.5.

IC 13-11-2-66.9
"End of life vehicle"
     Sec. 66.9. (a) "End of life vehicle", for purposes of IC 13-20-17.7, means a motor vehicle that is:
        (1) sold; or
        (2) otherwise conveyed;
to a motor vehicle recycler for the purpose of recycling.
    (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.4.

IC 13-11-2-67
"Enforcement action"
     Sec. 67. (a) "Enforcement action", for purposes of IC 13-20-13 and IC 13-20-14, means:
        (1) a written notice of a violation or a commissioner's order issued under IC 13-30-3;
        (2) a letter identifying a violation; or
        (3) a court proceeding initiated by the:
            (A) department;
            (B) department of homeland security;
            (C) state; or
            (D) federal government;
        under an environmental protection law or other law concerning public health, safety, or the environment.
    (b) "Enforcement action", for purposes of IC 13-25-5, means:
        (1) a written notice of violation issued under IC 13-30-3-3, IC 13-30-3-4, or IC 13-7-11-2 (before its repeal) that requires or

involves the removal or remediation of petroleum or a hazardous substance;
        (2) another written notice that requires the removal or remediation of petroleum or a hazardous substance and that is:
            (A) issued under:
                (i) IC 4-21.5-3-6;
                (ii) IC 4-21.5-3-8; or
                (iii) IC 4-21.5-4; or
            (B) substantially equivalent to a special notice letter issued under 42 U.S.C. 9622(e); or
        (3) a similar notice issued by the federal government.
As added by P.L.1-1996, SEC.1. Amended by P.L.93-1998, SEC.1; P.L.1-2006, SEC.198.

IC 13-11-2-68
"Environmental audit"
     Sec. 68. "Environmental audit", for purposes of IC 13-28-4, means a voluntary, an internal, and a comprehensive evaluation of:
        (1) a facility or an activity at a facility regulated under:
            (A) this title;
            (B) a rule or standard adopted under this title;
            (C) any determination, permit, or order made or issued by the commissioner under this title; or
            (D) federal law; or
        (2) management systems related to a facility or an activity;
that is designed to identify and prevent noncompliance with laws and improve compliance with laws, and that is conducted by an owner or operator of a facility or is an activity by an employee of the owner or operator or by an independent contractor.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-69
"Environmental audit report"
     Sec. 69. "Environmental audit report", for purposes of IC 13-28-4, means a set of documents prepared as a result of an environmental audit and labeled "Environmental Audit Report; Privileged Document" that:
        (1) includes:
            (A) field notes;
            (B) records of observations;
            (C) findings;
            (D) opinions;
            (E) suggestions;
            (F) conclusions;
            (G) drafts;
            (H) memoranda;
            (I) drawings;
            (J) photographs;
            (K) computer generated or electronically recorded information;

            (L) maps;
            (M) charts;
            (N) graphs; and
            (O) surveys;
        collected or developed for the primary purpose of preparing an environmental audit; and
        (2) includes, when completed, the following three (3) components:
            (A) An audit report prepared by the auditor that includes the following:
                (i) The scope of the audit.
                (ii) The information gained in the audit.
                (iii) Conclusions and recommendations.
                (iv) Exhibits and appendices.
            (B) Memoranda and documents:
                (i) analyzing a part of or all of the audit report; and
                (ii) discussing implementation issues.
            (C) An implementation plan that addresses the following:
                (i) Correcting past noncompliance.
                (ii) Improving current compliance.
                (iii) Preventing future noncompliance.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-70
"Environmental defect"
     Sec. 70. (a) "Environmental defect", for purposes of IC 13-25-3, means an environmentally related commission, omission, activity, or condition that meets at least one (1) of the following conditions:
        (1) Constitutes a material violation of an environmental:
            (A) statute;
            (B) regulation; or
            (C) ordinance.
        (2) Would require remedial activity under an environmental:
            (A) statute;
            (B) regulation; or
            (C) ordinance.
        (3) Presents a substantial endangerment to at least one (1) of the following:
            (A) The public health.
            (B) The public welfare.
            (C) The environment.
        (4) Would have a material, adverse effect on the market value of the property or of an abutting property.
        (5) Would prevent or materially interfere with another party's ability to obtain a permit or license that is required under an environmental:
            (A) statute;
            (B) regulation; or
            (C) ordinance;
        to operate the property or a facility or process on the property.

    (b) The term does not include a condition that is the subject of a voluntary remediation that received a certificate of completion from the department under IC 13-25-5-16.
As added by P.L.1-1996, SEC.1. Amended by P.L.59-1997, SEC.5.

IC 13-11-2-70.3
"Environmental legal action"
     Sec. 70.3. "Environmental legal action", for purposes of IC 13-30-9, means any legal action brought to recover reasonable costs associated with a removal or remedial action involving a hazardous substance or petroleum released into the surface or subsurface soil or groundwater that poses a risk to human health and the environment.
As added by P.L.59-1997, SEC.6.

IC 13-11-2-71
"Environmental management laws"
     Sec. 71. "Environmental management laws" refers to the following:
        (1) IC 13-12-2 and IC 13-12-3.
        (2) IC 13-13.
        (3) IC 13-14.
        (4) IC 13-15.
        (5) IC 13-16.
        (6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11.
        (7) IC 13-18-12, IC 13-18-13-31, and IC 13-18-15 through IC 13-18-20.
        (8) IC 13-19-1, IC 13-19-4, and IC 13-19-5-17.
        (9) IC 13-20-1, IC 13-20-2, IC 13-20-4 through IC 13-20-15, IC 13-20-17.7, IC 13-20-19 through IC 13-20-21, and IC 13-20-22-21.
        (10) IC 13-22.
        (11) IC 13-23.
        (12) IC 13-24.
        (13) IC 13-25-1 through IC 13-25-5.
        (14) IC 13-27-8.
        (15) IC 13-30, except IC 13-30-1.
As added by P.L.1-1996, SEC.1. Amended by P.L.1-2002, SEC.62; P.L.100-2006, SEC.4; P.L.170-2006, SEC.5; P.L.137-2007, SEC.5.

IC 13-11-2-72
"Environmental wastes"
     Sec. 72. "Environmental wastes", for purposes of IC 13-27 and IC 13-27.5, means all environmental pollutants, wastes, discharges, and emissions, regardless of:
        (1) whether or how they are regulated; and
        (2) whether they are released to the general environment or the workplace environment.
As added by P.L.1-1996, SEC.1. Amended by P.L.124-1997, SEC.4.


IC 13-11-2-72.5
"Exceptional use water"
     Sec. 72.5. "Exceptional use water", for purposes of section 50.5 of this chapter and IC 13-18-3, means any water designated as an exceptional use water by the water pollution control board, regardless of when the designation occurred.
As added by P.L.140-2000, SEC.7. Amended by P.L.1-2001, SEC.12.

IC 13-11-2-73
"Excess liability fund"
     Sec. 73. "Excess liability fund", for purposes of IC 13-23, refers to the underground petroleum storage tank excess liability trust fund established by IC 13-23-7-1.
As added by P.L.1-1996, SEC.1. Amended by P.L.9-1996, SEC.3.

IC 13-11-2-74
"Executive"
     Sec. 74. "Executive" means the:
        (1) board of commissioners of a county not having a consolidated city;
        (2) mayor of the consolidated city, for a county having a consolidated city;
        (3) mayor of a city; or
        (4) president of the town council of a town.
As added by P.L.1-1996, SEC.1.

IC 13-11-2-74.5
"Exempt isolated wetland"
     Sec. 74.5. (a) "Exempt isolated wetland", for purposes of IC 13-18 and environmental management laws, means an isolated wetland that:
        (1) is a voluntarily created wetland unless:
            (A) the wetland is approved by the department for compensatory mitigation purposes in accordance with a permit issued under Section 404 of the Clean Water Act or IC 13-18-22;
            (B) the wetland is reclassified as a state regulated wetland under IC 13-18-22-6(e); or
            (C) the owner of the wetland declares, by a written instrument:
                (i) recorded in the office of the recorder of the county or counties in which the wetland is located; and
                (ii) filed with the department;
            that the wetland is to be considered in all respects to be a state regulated wetland;
        (2) exists as an incidental feature in or on:
            (A) a residential lawn;
            (B) a lawn or landscaped area of a commercial or governmental complex;
            (C) agricultural land;

            (D) a roadside ditch;
            (E) an irrigation ditch; or
            (F) a manmade drainage control structure;
        (3) is a fringe wetland associated with a private pond;
        (4) is, or is associated with, a manmade body of surface water of any size created by:
            (A) excavating;
            (B) diking; or
            (C) excavating and diking;
        dry land to collect and retain water for or incidental to agricultural, commercial, industrial, or aesthetic purposes;
        (5) subject to subsection (c), is a Class I wetland with an area, as delineated, of one-half (1/2) acre or less;
        (6) subject to subsection (d), is a Class II wetland with an area, as delineated, of one-fourth (1/4) acre or less;
        (7) is located on land:
            (A) subject to regulation under United States Department of Agriculture wetland conservation programs, including Swampbuster and the Wetlands Reserve Program, because of voluntary enrollment in a federal farm program; and
            (B) used for agricultural or other purposes allowed under the programs referred to in clause (A); or
        (8) is constructed for reduction or control of pollution.
    (b) For purposes of subsection (a)(2), an isolated wetland exists as an incidental feature:
        (1) if:
            (A) the owner or operator of the property or facility described in subsection (a)(2) does not intend the isolated wetland to be a wetland;
            (B) the isolated wetland is not essential to the function or use of the property or facility; and
            (C) the isolated wetland arises spontaneously as a result of damp soil conditions incidental to the function or use of the property or facility; and
        (2) if the isolated wetland satisfies any other factors or criteria established in rules that are:
            (A) adopted by the water pollution control board; and
            (B) not inconsistent with the factors and criteria described in subdivision (1).
    (c) The total acreage of Class I wetlands on a tract to which the exemption described in subsection (a)(5) 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)(5); and
        (2) fifty percent (50%) of the cumulative acreage of all individual isolated wetlands on the tract that would qualify for 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 13-11-2-80
"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.
            (C) The possession of facilities.
As added by P.L.1-1996, SEC.1.

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

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.
    (b) "Fund", for purposes of IC 13-15-10, refers to the waste facility operator trust fund.
    (c) "Fund", for purposes of IC 13-15-11, refers to the environmental management permit operation fund.
    (d) "Fund", for purposes of IC 13-17-6, refers to the asbestos trust fund.
    (e) "Fund", for purposes of IC 13-17-8, refers to the Title V operating permit program trust fund.
    (f) "Fund", for purposes of IC 13-17-14, refers to the lead trust fund.
    (g) "Fund", for purposes of IC 13-18-8-5, refers to a sanitary fund.
    (h) "Fund", for purposes of IC 13-18-13, refers to the wastewater revolving loan fund established by IC 13-18-13-2.
    (i) "Fund", for purposes of IC 13-18-21, refers to the drinking water revolving loan fund established by IC 13-18-21-2. The term does not include the supplemental fund established by IC 13-18-21-22.
    (j) "Fund", for purposes of IC 13-19-5, refers to the environmental remediation revolving loan fund established by IC 13-19-5-2.
    (k) "Fund", for purposes of IC 13-20-4, refers to the municipal waste transportation fund.
    (l) "Fund", for purposes of IC 13-20-13, refers to the waste tire management fund.
    (m) "Fund", for purposes of IC 13-20-22, refers to the state solid waste management fund.
    (n) "Fund", for purposes of IC 13-21-7, refers to the waste management district bond fund.
    (o) "Fund", for purposes of IC 13-21-13-2, refers to a district solid waste management fund.
    (p) "Fund", for purposes of IC 13-23-6, refers to the underground petroleum storage tank trust fund.
    (q) "Fund", for purposes of IC 13-23-7, refers to the underground

petroleum storage tank excess liability trust fund.
    (r) "Fund", for purposes of IC 13-25-4, refers to the hazardous substances response trust fund.
    (s) "Fund", for purposes of IC 13-25-5, refers to the voluntary remediation fund.
    (t) "Fund", for purposes of IC 13-28-2, refers to the voluntary compliance fund.
As added by P.L.1-1996, SEC.1. Amended by P.L.123-1997, SEC.6; P.L.59-1997, SEC.8; P.L.126-1997, SEC.2; P.L.253-1997(ss), SEC.13; P.L.132-1999, SEC.5; P.L.14-2001, SEC.3.

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 13-25-6, means the state or a political subdivision.
As added by P.L.1-1996, SEC.1.

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 p