Chapter 2. Prohibited Acts
Specific acts prohibited
Sec. 1. A person may not do any of the following:
(1) Discharge, emit, cause, allow, or threaten to discharge, emit,
cause, or allow any contaminant or waste, including any
noxious odor, either alone or in combination with contaminants
from other sources, into:
(A) the environment; or
(B) any publicly owned treatment works;
in any form that causes or would cause pollution that violates
or would violate rules, standards, or discharge or emission
requirements adopted by the board under the environmental
(2) Increase the quantity or strength of a discharge of
contaminants into the waters or construct or install a sewer or
sewage treatment facility or a new outlet for contaminants into
the waters of Indiana without prior approval of the department.
(3) Deposit any contaminants upon the land in a place and
manner that creates or would create a pollution hazard that
violates or would violate a rule adopted by the board.
(4) Deposit or cause or allow the deposit of any contaminants
or solid waste upon the land, except through the use of sanitary
landfills, incineration, composting, garbage grinding, or another
method acceptable to the board.
(5) Dump or cause or allow the open dumping of garbage or of
any other solid waste in violation of rules adopted by the board.
(6) Dispose of solid waste in, upon, or within the limits of or
adjacent to a public highway, state park, state nature preserve,
or recreation area or in or immediately adjacent to a lake or
(A) in proper containers provided for sanitary storage of the
solid waste; or
(B) as a part of a sanitary landfill operation or other land
disposal method approved by the department.
(7) Construct, install, operate, conduct, or modify, without prior
approval of the department, any equipment or facility of any
type that may:
(A) cause or contribute to pollution; or
(B) be designed to prevent pollution.
However, the commissioner or the board may approve
experimental uses of any equipment, facility, or pollution
control device that is considered necessary for the further
development of the state of the art of pollution control.
(8) Conduct any salvage operation or open dump by open
burning or burn, cause, or allow the burning of any solid waste
in a manner that violates either:
(A) the air pollution control laws; or
(B) the rules adopted by the board.
(9) Commence construction of a proposed hazardous waste
facility without having first:
(A) filed an application for; and
a permit from the department.
(10) Commence or engage in the operation of a hazardous waste
facility without having first obtained a permit from the
(11) Deliver any hazardous waste to a hazardous waste facility
(A) is not approved; or
(B) does not hold a permit from the department.
(12) Cause or allow the transportation of a hazardous waste
without a manifest if a manifest is required by law.
(13) Violate any:
(B) limitation; or
placed upon a certificate of environmental compatibility by the
hazardous waste facility site approval authority or any other
provision of IC 13-22-10.
(14) Apply or allow the application of used oil to any ground
surface, except for purposes of treatment in accordance with a
permit issued by the department under any of the following:
(A) IC 13-15, except IC 13-15-9.
(B) IC 13-17-11.
(C) IC 13-18-18.
(D) IC 13-20-1.
(15) Commence construction of a solid waste incinerator
without first obtaining a permit from the department under
(16) Commence operation of a solid waste incinerator without
first obtaining the approval of the department under IC 13-20-8.
As added by P.L.1-1996, SEC.20. Amended by P.L.133-2012,
Offer to provide service or allocate sewer tap without capacity to
do so; liability
Sec. 2. (a) A person, excluding a municipality, who owns or
operates a water pollution treatment or control facility or sanitary
sewer may not offer to provide service or allocate a sewer tap to a
(1) having the capacity to provide the service or allocation; and
(2) reserving the capacity to provide the service or allocation;
to the property owner to whom the offer or allocation was made.
(b) A person who violates subsection (a) who:
(1) issued a written letter of intent or commitment to provide
service or allocate a sewer tap to a property owner;
(2) failed to reserve the capacity to provide the service or tap;
(3) as a result of failing to reserve that capacity, adversely
affected the value of property of a property owner to whom the
letter of intent was issued;
is liable for damages to the property owner.
(c) In an action brought by a property owner under this section,
the damages are equal to the value of the property as the property
would have appreciated in value but for the failure of the property to
have been provided sewer service or a sewer tap.
(d) Notwithstanding IC 34-11-1-2, a property owner who has a
continuing claim under this section may assert that claim until May
As added by P.L.1-1996, SEC.20. Amended by P.L.1-1998, SEC.107.