2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 20. SOLID WASTE MANAGEMENT
CHAPTER 25. RESOURCE CONSERVATION AND RECYCLING
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<![CDATA[IC 13-20-25
Chapter 25. Resource Conservation and Recycling
IC 13-20-25-1
State recycling goal
Sec. 1. The goal of the state is to recycle at least fifty percent
(50%) of its municipal waste.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-2
"Fiscal year"
Sec. 2. As used in this chapter, "fiscal year" means a period:
(1) beginning July 1 in a calendar year; and
(2) ending June 30 of the succeeding calendar year.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-3
"Municipal waste"
Sec. 3. As used in this chapter, "municipal waste" means any:
(1) garbage;
(2) refuse;
(3) industrial lunchroom waste;
(4) office waste; or
(5) other, similar material;
that results from the operation of residential, municipal, commercial,
or institutional establishments and community activities.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-4
"Recyclable material"
Sec. 4. As used in this chapter, "recyclable material" means
municipal waste that is suitable for recycling.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-5
"Recyclable materials broker"
Sec. 5. As used in this chapter, "recyclable materials broker"
means a person that:
(1) engages in the business of arranging for the collection,
transportation, delivery, recycling, or reuse of recyclable
materials; but
(2) does not take title to, or physical possession of, the
recyclable materials.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-6
"Recycle"
Sec. 6. As used in this chapter, "recycle" means to take action by
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which recyclable materials are recovered from the solid waste stream
for purposes of:
(1) use or reuse;
(2) conversion into raw materials; or
(3) use in the production of new products.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-7
"Recycler"
Sec. 7. (a) As used in this chapter, "recycler" means a person who
recycles recyclable materials generated by more than one (1) person.
(b) The term includes the following:
(1) A recyclable materials broker.
(2) The owner or operator of a solid waste disposal facility
regulated under IC 13-20-8 at which recycling occurs.
(3) The owner or operator of a material recovery facility.
(4) A solid waste management district established under
IC 13-21 or IC 13-9.5 (before its repeal).
As added by P.L.126-2014, SEC.9.
IC 13-20-25-8
"Single stream recyclable materials"
Sec. 8. As used in this chapter, "single stream recyclable
materials" means a combination of two (2) or more types of
recyclable materials that have been commingled and cannot be
separated into individual types without processing.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-9
Mandatory reporting of recycling activities
Sec. 9. (a) A recycler shall report the recycler's recycling activities
under this section. A recycler may elect to report the recycler's
recycling activities on an annual basis under subsection (b) or on a
quarterly basis under subsection (c).
(b) A recycler that elects to report on an annual basis shall, in
2016 and each succeeding calendar year, before March 1, submit to
the commissioner a completed recycling activity report concerning
the recycling activities conducted by the recycler during the calendar
year that ended on the most recent December 31.
(c) A recycler that elects to report on a quarterly basis shall, for
the July through September quarter of 2014 and each succeeding
quarter, not more than thirty (30) days after the end of the quarter,
submit to the commissioner a completed recycling activity report
concerning the recycling activities conducted by the recycler during
the quarter. A quarterly report submitted under this subsection must
concern the recycling activities conducted by the recycler during the
period of:
(1) July through September;
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(2) October through December;
(3) January through March; or
(4) April through June.
(d) A recycler shall submit a separate recycling activity report
under this section for each reporting period, whether annual or
quarterly, for each facility:
(1) that was owned or operated by the recycler; and
(2) at which the recycler conducted recycling activities;
during the reporting period.
As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015,
SEC.15.
IC 13-20-25-10
Voluntary reporting of recycling activities
Sec. 10. (a) A person:
(1) who:
(A) is not required to submit a recycling activity report under
section 9 of this chapter; but
(B) recycled recyclable materials during a calendar year;
(2) who:
(A) meets the definition of "scrap metal processing facility"
set forth in IC 8-23-1-36;
(B) meets the definition of "automotive salvage recycler" set
forth in IC 9-13-2-10;
(C) meets the definition of "recycling facility" set forth in
IC 9-13-2-150.3;
(D) is engaged in business subject to IC 9-22-3;
(E) meets the definition of "automotive salvage rebuilder"
set forth in IC 9-32-2-5;
(F) meets the definition of "scrap metal processor" set forth
in IC 13-11-2-196.5;
(G) meets the definition of "core buyer" set forth in
IC 25-37.5-1-0.2; or
(H) meets the definition of "valuable metal dealer" set forth
in IC 25-37.5-1-1(b); or
(3) who:
(A) is not required to submit a recycling activity report under
section 9 of this chapter; but
(B) took action during a calendar year to recover, from the
solid waste stream, for purposes of:
(i) use or reuse;
(ii) conversion into raw materials; or
(iii) use in the production of new products;
materials that were not municipal waste;
may voluntarily submit a recycling activity report to the
commissioner concerning the person's recycling activity during the
calendar year.
(b) The commissioner shall include information reported to the
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commissioner under this section in the annual reports that the
commissioner is required to submit under section 14 of this chapter.
As added by P.L.126-2014, SEC.9. Amended by P.L.151-2015,
SEC.79; P.L.147-2015, SEC.16.
IC 13-20-25-11
Uniform recycling activity report form
Sec. 11. (a) Except as provided in subsection (b), a recycling
activity report submitted to the commissioner under this chapter must
be submitted on the uniform recycling activity report form posted by
the commissioner on the department's Internet web site under section
12 of this chapter.
(b) If a uniform recycling activity report form is not posted on the
department's Internet web site by July 1 in a calendar year in which
a recycler is required to submit a completed recycling activity report
under section 9(a) of this chapter, the recycler may satisfy the
recycler's duties under this chapter by submitting to the
commissioner, by a letter postmarked before August 1 of the
calendar year, the types of information about the recycler's recycling
activities during the calendar year that are set forth in section 12 of
this chapter.
As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015,
SEC.17.
IC 13-20-25-12
Posting of uniform recycling activity report form on web site
Sec. 12. (a) Not later than July 1, 2015, the commissioner shall
post on the department's Internet web site a uniform recycling
activity report form. The form must do the following:
(1) Provide for reporting of the:
(A) name and location of; and
(B) principal business activities conducted at;
the recycler's establishment.
(2) Include:
(A) an appropriate space for; and
(B) instructions requiring the completion of;
an appropriate certification, by signature of the recycler (if the
recycler is an individual) or a senior official with management
responsibility for the recycler (if the recycler is not an
individual), of the accuracy and completeness of the recycling
activity report.
(3) Provide for reporting of the quantity, in tons, of each type of
recyclable material listed in subsection (b) that was in storage
at the reporting recycler's establishment:
(A) at the start of the calendar year; and
(B) at the close of the calendar year.
(4) Provide for reporting of the quantity, in tons, of each type of
recyclable material listed in subsection (b) that was transported
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from the reporting recycler's establishment, or (in the case of a
recycler that is a recyclable materials broker) that was
transported or delivered by arrangement of the recycler, to any
of the following:
(A) Other recyclers located in Indiana.
(B) Persons that are located in Indiana but are not recyclers,
including persons who may employ the recyclable material
as a raw material or a new product without further recycling.
(C) Persons located outside Indiana.
(b) The uniform recycling activity report form posted on the
department's Internet web site under subsection (a) must specify that
the information to be reported by a recycler under subsection (a)(3)
and (a)(4) must be reported separately for each of the following types
of recyclable materials:
(1) Glass.
(2) Metal, including white goods (ferrous).
(3) Metal (nonferrous).
(4) Paper and paper products (all grades).
(5) Plastic and plastic products.
(6) Single stream recyclable materials.
(7) Any other distinct type of recyclable material not specified
in subdivisions (1) through (6).
As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015,
SEC.18.
IC 13-20-25-13
Estimating weight of material recycled
Sec. 13. A recycler is not required to measure directly the weight
of recyclable materials for purposes of submitting a recycling
activities report under this chapter. For the purposes of reporting the
quantity, in tons, of a type of recyclable material recycled, a recycler
may estimate the weight of the recyclable material by converting the
volume of the recyclable material to weight based on the density of
the recyclable material.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-14
Commissioner's annual report summarizing information from
recycling activity reports
Sec. 14. Not later than May 1, 2016, and in each succeeding
calendar year, the commissioner shall submit to the executive
director of the legislative services agency, in an electronic format
under IC 5-14-6, a report summarizing the information obtained
through the recycling activity reports submitted to the commissioner
under this chapter concerning the calendar year most recently ended.
The executive director of the legislative services agency shall
forward the report to the members of the standing committees of the
senate and the house having subject matter jurisdiction most closely
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related to the subject of recycling.
As added by P.L.126-2014, SEC.9. Amended by P.L.147-2015,
SEC.19; P.L.112-2016, SEC.21.
IC 13-20-25-15
Rules
Sec. 15. The environmental rules board may adopt rules under
IC 4-22-2 and IC 13-14-9 to administer this chapter.
As added by P.L.126-2014, SEC.9.
IC 13-20-25-16
Expired
(As added by P.L.126-2014, SEC.9. Expired 12-31-2014 by
P.L.126-2014, SEC.9.)
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