2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 19. SOLID WASTE AND HAZARDOUS WASTE MANAGEMENT GENERALLY
CHAPTER 1. PURPOSE, POLICY, AND GOAL OF STATUTE
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IC 13-19
ARTICLE 19. SOLID WASTE AND HAZARDOUS
WASTE MANAGEMENT GENERALLY
IC 13-19-1
Chapter 1. Purpose, Policy, and Goal of Statute
IC 13-19-1-1
Policy
Sec. 1. The policy of the state is that:
(1) source reduction;
(2) recycling; and
(3) other solid waste management alternatives;
are preferred over incineration and landfill disposal as solid waste
management methods.
As added by P.L.1-1996, SEC.9.
IC 13-19-1-2
State goal of encouraging source reduction and recycling; annual
report on the environment; rules on legitimate use of waste
Sec. 2. (a) The goal of the state is to encourage solid waste source
reduction, recycling, and other alternatives to conserve
environmental resources.
(b) The department shall:
(1) produce an annual report on the state of the environment;
and
(2) develop proposed rules that:
(A) provide for the legitimate use of solid and hazardous
waste instead of its disposal; and
(B) provide that a material being legitimately used is not
considered a solid or hazardous waste.
(c) To become effective, any proposed rules developed under
subsection (b)(2) must be adopted by the board under IC 13-19-3-1.
As added by P.L.1-1996, SEC.9. Amended by P.L.37-2012, SEC.25;
P.L.97-2016, SEC.2.
IC 13-19-1-3
Differential treatment; injunctive relief
Sec. 3. (a) The state may not impose differential treatment against
solid waste involved in interstate commerce unless:
(1) authorized by federal law;
(2) differential treatment of solid waste in interstate commerce
equalizes financial, regulatory, or enforcement burdens among:
(A) persons engaged in or benefitting from the interstate
commerce; or
(B) any other group of persons; or
(3) the differential treatment serves a legitimate state purpose
that could not be served as well by reasonably available means
Indiana Code 2016
that did not impose differential treatment.
(b) A court may enjoin a violation of this section but may not
award monetary damages or attorney's fees against any of the
following:
(1) The state.
(2) A state agency.
(3) An officer or employee of the state.
As added by P.L.1-1996, SEC.9.
Indiana Code 2016
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