2014 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 27. INDUSTRIAL POLLUTION PREVENTION AND SAFE MATERIALS
CHAPTER 7. IMPLEMENTATION OF POLLUTION PREVENTION PROGRAMS
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IC 13-27-7
Chapter 7. Implementation of Pollution Prevention Programs
IC 13-27-7-1
Voluntary participation in programs
Sec. 1. Programs developed under this article are to be
implemented based on voluntary participation by businesses. Except
as required in rules referred to in IC 13-27-8-3(b)(5), businesses may
not be required to comply with any program developed under this
article.
As added by P.L.1-1996, SEC.17. Amended by P.L.100-2006,
SEC.11.
IC 13-27-7-2
Binding effect of program implementing documents, manuals, and
policies; prohibited activities; duties
Sec. 2. (a) Guidance documents, technical assistance manuals, and
policies developed or used in implementing programs under this
article are not binding on participating businesses.
(b) Subject to subsection (e), the board or the department may not
do the following:
(1) Subject to IC 13-14-1-11.5, incorporate documents,
manuals, or policies developed under this article into rules
adopted under IC 4-22-2.
(2) Adopt rules under IC 4-22-2 requiring business
implementation of pollution prevention practices or of clean
manufacturing by means of any of the following:
(A) Permit conditions.
(B) Enforcement actions.
(C) Other department actions.
(c) Subsection (b) only applies to pollution prevention as defined
in this title.
(d) Subsection (b) does not apply to authority granted under
federal law to implement pollution prevention as defined under any
of the following:
(1) Federally delegated air, water, solid waste, and other
programs.
(2) Guidance documents developed to implement programs
described in subdivision (1).
(3) Programs established under IC 13-20-3, IC 13-20-22, or
IC 13-21.
(e) The department shall present pollution prevention as an option
to businesses in any of the following:
(1) Permit conditions.
(2) Enforcement actions.
(3) Other department actions.
As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997,
SEC.21; P.L.261-1999, SEC.3; P.L.37-2012, SEC.58; P.L.113-2014,
SEC.84.
IC 13-27-7-3
Goals of programs
Sec. 3. Programs implemented by the division:
(1) must encourage pollution prevention; and
(2) may not discourage the use of recycling or treatment
techniques determined to be acceptable for pollution that has not
been prevented.
As added by P.L.1-1996, SEC.17.
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