First Regular Session 112th General Assembly (2001)
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HOUSE ENROLLED ACT No. 1901
AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-11-2-7.5; (01)HE1901.1.1. -->
SECTION 1. IC 13-11-2-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2001]: Sec. 7.5. "Antique", for purposes of IC 13-20-17.5, refers
to a product manufactured before 1980.
SOURCE: IC 13-11-2-58; (01)HE1901.1.2. -->
SECTION 2. IC 13-11-2-58 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: 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).
SOURCE: IC 13-11-2-126; (01)HE1901.1.3. -->
SECTION 3. IC 13-11-2-126 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 126. (a)
"Manufacturer", for purposes of IC 13-20-16, means a person who is
engaged in the business of making lead acid batteries:
(1) in Indiana; or
(2) for sale in Indiana.
(b) "Manufacturer", for purposes of IC 13-27.5, means a
manufacturer in Indiana operating under standard industrial
classification codes twenty (20) through thirty-nine (39) in the Standard
Industrial Classification Manual of the United States Office of
Management and Budget.
(c) "Manufacturer", for purposes of IC 13-20-17.5, means any
individual, corporation, limited liability company, partnership,
trust, estate, or unincorporated association that:
(1) produces in the United States a mercury-added product
that does not consist of multiple components produced by
separate entities;
(2) is the last entity to produce or assemble in the United
States a mercury-added product that consists of multiple
components produced by separate entities; or
(3) domestically distributes a mercury-added product
produced in a foreign country.
SOURCE: IC 13-11-2-128; (01)HE1901.1.4. -->
SECTION 4. IC 13-11-2-128 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 128. "Material safety
data sheet", for purposes of IC 13-20-17.5 and IC 13-25-2, means the
data sheet developed under 29 CFR 1910.1200(g) has the meaning set
forth in 42 U.S.C. 11049.
SOURCE: IC 13-11-2-128.3; (01)HE1901.1.5. -->
SECTION 5. IC 13-11-2-128.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 128.3. "Mercury-added novelty",
for purposes of IC 13-20-17.5, means a mercury-added product
intended mainly for personal or household enjoyment or
adornment, including:
(1) items intended for use as practical jokes;
(2) figurines;
(3) adornments;
(4) toys;
(5) games;
(6) cards;
(7) ornaments;
(8) yard statues and figurines;
(9) candles;
(10) jewelry;
(11) holiday decorations; and
(12) footwear and other items of apparel.
SOURCE: IC 13-11-2-128.5; (01)HE1901.1.6. -->
SECTION 6. IC 13-11-2-128.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 128.5. (a) "Mercury-added
product", for purposes of this chapter and IC 13-20-17.5, means:
(1) a product that contains:
(A) elemental mercury;
(B) metallic mercury in an alloy;
(C) inorganic mercury salt; or
(D) organic mercury;
intentionally added by the manufacturer in order to provide
a specific characteristic, appearance, or quality to the product
or to perform a specific beneficial function for the product; or
(2) a product with a component that meets the criteria of
subdivision (1).
(b) "Mercury-added product" does not include:
(1) a product in which mercury is a residue from the
intentional use of mercury in the manufacturing process, if
the mercury residue does not:
(A) provide a specific characteristic, appearance, or
quality to the product; or
(B) perform a specific beneficial function for the product;
or
(2) a mercury commodity.
SOURCE: IC 13-11-2-128.6; (01)HE1901.1.7. -->
SECTION 7. IC 13-11-2-128.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 128.6. "Mercury commodity", for
purposes of this chapter and IC 13-20-17.5, means a product that
consists of only mercury and its container (such as a container of
mercury that is opened and from which mercury is put into a
mercury-added product) if the mercury is not performing a
specific beneficial function for the product.
SOURCE: IC 13-11-2-128.7; (01)HE1901.1.8. -->
SECTION 8. IC 13-11-2-128.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 128.7. "Mercury fever
thermometer", for purposes of IC 13-20-17.5, means a
mercury-added product that:
(1) is a thermometer or another medical or scientific
instrument; and
(2) is used for measuring body temperature.
SOURCE: IC 13-11-2-142.6; (01)HE1901.1.9. -->
SECTION 9. IC 13-11-2-142.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 142.6. "Non-public school", for
purposes of IC 13-20-17.5, has the meaning set forth in
IC 20-10.1-1-3.
SOURCE: IC 13-11-2-158; (01)HE1901.1.10. -->
SECTION 10. IC 13-11-2-158 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 158. (a) "Person", for
purposes of:
(1) IC 13-21;
(2) air pollution control laws;
(3) water pollution control laws; and
(4) environmental management laws, except as provided in
subsections (c), (d), (e), and (h);
means an individual, a partnership, a copartnership, a firm, a company,
a corporation, an association, a joint stock company, a trust, an estate,
a municipal corporation, a city, a school city, a town, a school town, a
school district, a school corporation, a county, any consolidated unit of
government, political subdivision, state agency, a contractor, or any
other legal entity.
(b) "Person", for purposes of:
(1) IC 13-18-10; and
(2) IC 13-20-17;
means an individual, a partnership, a copartnership, a firm, a company,
a corporation, an association, a joint stock company, a trust, an estate,
a political subdivision, a state agency, or other legal entity, or their
legal representative, agent, or assigns.
(c) "Person", for purposes of:
(1) IC 13-20-13;
(2) IC 13-20-14;
(3) IC 13-20-16; and
(4) IC 13-25-6;
means an individual, a corporation, a limited liability company, a
partnership, or an unincorporated association.
(d) "Person", for purposes of IC 13-23, has the meaning set forth in
subsection (a). The term includes a consortium, a joint venture, a
commercial entity, and the United States government.
(e) "Person", for purposes of IC 13-20-17.5 and IC 13-25-3, means
an individual, a corporation, a limited liability company, a partnership,
a trust, an estate, or an unincorporated association.
(f) "Person", for purposes of IC 13-26, means an individual, a firm,
a partnership, an association, a limited liability company, or a
corporation other than an eligible entity.
(g) "Person", for purposes of IC 13-29-1, means any individual,
corporation, business enterprise, or other legal entity either public or
private and any legal successor, representative, agent, or agency of that
individual, corporation, business enterprise, or legal entity.
(h) "Person", for purposes of:
(1) IC 13-30-6-6;
(2) IC 13-30-6-7; and
(3) IC 13-30-8-1;
has the meaning set forth in IC 35-41-1.
SOURCE: IC 13-11-2-176.5; (01)HE1901.1.11. -->
SECTION 11. IC 13-11-2-176.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 176.5. "Public school", for
purposes of IC 13-20-17.5, has the meaning set forth in
IC 20-10.1-1-2.
SOURCE: IC 13-11-2-180; (01)HE1901.1.12. -->
SECTION 12. IC 13-11-2-180 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 180. "Recycling", for
purposes of IC 13-20-17.5 and IC 13-21, means a process by which
materials that would otherwise become solid waste are:
(1) collected;
(2) separated or processed; and
(3) converted into materials or products for reuse or sale.
SOURCE: IC 13-11-2-242; (01)HE1901.1.13. -->
SECTION 13. IC 13-11-2-242 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 242. "Unit", for
purposes of:
(1) section 148(c) of this chapter;
(2) IC 13-20-17.5;
(2) (3) IC 13-20-20; and
(3) (4) IC 13-23;
has the meaning set forth in IC 36-1-2-23.
SOURCE: IC 13-11-2-256; (01)HE1901.1.14. -->
SECTION 14. IC 13-11-2-256 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 256. "Wastewater", for
purposes of IC 13-18-12 and IC 13-20-17.5, means the following:
(1) Human excreta, water, scum, sludge, and sewage from sewage
disposal systems, retained contents of wastewater holding tanks,
or portable sanitary units.
(2) Grease, fats, and retained wastes from grease traps or
interceptors.
(3) Wastes carried in liquid from ordinary living processes.
(4) Incidental or accidental seepage from sewage disposal
systems.
SOURCE: IC 13-20-17.5; (01)HE1901.1.15. -->
SECTION 15. IC 13-20-17.5 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]:
Chapter 17.5. Mercury and Mercury Products
Sec. 1. This chapter does not apply to antiques.
Sec. 2. (a) This section does not apply to a mercury-added
novelty if:
(1) the novelty uses a mercury-added button cell battery to
function; and
(2) the only mercury contained in the novelty is found in the
mercury-added button cell battery.
(b) After July 1, 2003, a mercury-added novelty may not be:
(1) offered for final sale; or
(2) distributed for promotional purposes;
in Indiana if the offerer or distributor knows or has reason to know
that the novelty contains mercury.
Sec. 3. (a) This section does not apply to a mercury thermometer
or to a thermometer if:
(1) the thermometer uses a mercury-added button cell
battery; and
(2) the only mercury contained in the thermometer is found in
the mercury-added button cell battery.
(b) Except as provided in subsection (c), after July 1, 2003, a
person may sell or supply a mercury fever thermometer to an
individual only if:
(1) the person is a pharmacist or a pharmacist's assistant
working at a pharmacy; and
(2) the thermometers are stored in such a manner that the
pharmacist or the pharmacist's assistant must obtain the
thermometer for the individual.
(c) A licensed practitioner of medicine may sell or supply a
mercury fever thermometer to an individual.
Sec. 4. After July 1, 2003, a public school or nonpublic school
may not use or purchase for use in a primary or secondary
classroom:
(1) a mercury commodity;
(2) mercury compounds; or
(3) mercury-added instructional equipment and materials;
except measuring devices and thermometers for which no adequate
substitute exists for use in laboratories.
Sec. 5. After July 1, 2003, a person may sell or provide a
mercury commodity to another person in this state (other than for
collection for recycling) only if:
(1) the person selling or providing the mercury commodity
provides a material safety data sheet with the mercury
commodity; and
(2) the person selling or providing the mercury commodity
requires the purchaser or recipient to sign a statement with
respect to the mercury in the mercury commodity that the
purchaser or recipient:
(A) will use the mercury only:
(i) for medical purposes;
(ii) in dental amalgam dispose-caps;
(iii) for training;
(iv) for research; or
(v) for manufacturing purposes;
(B) understands that mercury is toxic;
(C) will store and use the mercury appropriately so that no
individual is exposed to the mercury under normal
conditions of use; and
(D) will not intentionally:
(i) place or cause to be placed; or
(ii) allow anyone under the control of the purchaser or
recipient to place or cause to be placed;
the mercury commodity in solid waste for disposal or in a
wastewater disposal system.
Sec. 6. (a) The department, and districts in cooperation and with
the support of the department, shall implement education
programs to provide information to the public concerning:
(1) the reuse and recycling of mercury in:
(A) mercury commodities; and
(B) mercury-added products; and
(2) collection programs available to the public for:
(A) mercury commodities; and
(B) mercury-added products.
(b) Units, in cooperation and with the support of the
department, may implement education programs to provide
information to the public concerning:
(1) the reuse and recycling of mercury in:
(A) mercury commodities; and
(B) mercury-added products; and
(2) collection programs available to the public for:
(A) mercury commodities; and
(B) mercury-added products.
Sec. 7. (a) Districts shall implement mercury collection
programs for the public and small businesses.
(b) Units may implement mercury collection programs for the
public and small businesses.
SOURCE: IC 13-21-3-12; (01)HE1901.1.16. -->
SECTION 16. IC 13-21-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12.
Except as provided
in section 14.5 of this chapter, the powers of a district include the
following:
(1) The power to develop and implement a district solid waste
management plan under IC 13-21-5.
(2) The power to impose district fees on the final disposal of solid
waste within the district under IC 13-21-13.
(3) The power to receive and disburse money, if the primary
purpose of activities undertaken under this subdivision is to carry
out the provisions of this article.
(4) The power to sue and be sued.
(5) The power to plan, design, construct, finance, manage, own,
lease, operate, and maintain facilities for solid waste
management.
(6) The power to enter with any person into a contract or an
agreement that is necessary or incidental to the management of
solid waste. Contracts or agreements that may be entered into
under this subdivision include those for the following:
(A) The design, construction, operation, financing, ownership,
or maintenance of facilities by the district or any other person.
(B) The managing or disposal of solid waste.
(C) The sale or other disposition of materials or products
generated by a facility.
Notwithstanding any other statute, the maximum term of a
contract or an agreement described in this subdivision may not
exceed forty (40) years.
(7) The power to enter into agreements for the leasing of facilities
in accordance with IC 36-1-10 or IC 36-9-30.
(8) The power to purchase, lease, or otherwise acquire real or
personal property for the management or disposal of solid waste.
(9) The power to sell or lease any facility or part of a facility to
any person.
(10) The power to make and contract for plans, surveys, studies,
and investigations necessary for the management or disposal of
solid waste.
(11) The power to enter upon property to make surveys,
soundings, borings, and examinations.
(12) The power to:
(A) accept gifts, grants, loans of money, other property, or
services from any source, public or private; and
(B) comply with the terms of the gift, grant, or loan.
(13) The power to levy a tax within the district to pay costs of
operation in connection with solid waste management, subject to
the following:
(A) Regular budget and tax levy procedures.
(B) Section 16 of this chapter.
However, except as provided in section 15 of this chapter, a
property tax rate imposed under this article may not exceed eight
and thirty-three hundredths cents ($0.0833) on each one hundred
dollars ($100) of assessed valuation of property in the district.
(14) The power to borrow in anticipation of taxes.
(15) The power to hire the personnel necessary for the
management or disposal of solid waste in accordance with an
approved budget and to contract for professional services.
(16) The power to otherwise do all things necessary for the:
(A) reduction, management, and disposal of solid waste; and
(B) recovery of waste products from the solid waste stream;
if the primary purpose of activities undertaken under this
subdivision is to carry out the provisions of this article.
(17) The power to adopt resolutions that have the force of law.
However, a resolution is not effective in a municipality unless the
municipality adopts the language of the resolution by ordinance
or resolution.
(18) The power to do the following:
(A) Implement a household hazardous waste and conditionally
exempt small quantity generator (as described in 40 CFR
261.5(a)) collection and disposal project.
(B) Apply for a household hazardous waste collection and
disposal project grant under IC 13-20-20 and carry out all
commitments contained in a grant application.
(C) Establish and maintain a program of self-insurance for a
household hazardous waste and conditionally exempt small
quantity generator (as described in 40 CFR 261.5(a))
collection and disposal project, so that at the end of the
district's fiscal year the unused and unencumbered balance of
appropriated money reverts to the district's general fund only
if the district's board specifically provides by resolution to
discontinue the self-insurance fund.
(D) Apply for a household hazardous waste project grant as
described in IC 13-20-22-2 and carry out all commitments
contained in a grant application.
(19) The power to enter into an interlocal cooperation agreement
under IC 36-1-7 to obtain:
(A) fiscal;
(B) administrative;
(C) managerial; or
(D) operational;
services from a county or municipality.
(20) The power to compensate advisory committee members for
attending meetings at a rate determined by the board.
(21) The power to reimburse board and advisory committee
members for travel and related expenses at a rate determined by
the board.
(22) In a joint district, the power to pay a fee from district money
to the counties in the district in which a final disposal facility is
located.
(23) The power to make grants or loans of:
(A) money;
(B) property; or
(C) services;
to public or private recycling programs, composting programs, or
any other programs that reuse any component of the waste stream
as a material component of another product, if the primary
purpose of activities undertaken under this subdivision is to carry
out the provisions of this article.
(24) The power to establish by resolution a nonreverting capital
fund. A district's board may appropriate money in the fund for:
(A) equipping;
(B) expanding;
(C) modifying; or
(D) remodeling;
an existing facility. Expenditures from a capital fund established
under this subdivision must further the goals and objectives
contained in a district's solid waste management plan. Not more
than five percent (5%) of the district's total annual budget for the
year may be transferred to the capital fund that year. The balance
in the capital fund may not exceed twenty-five percent (25%) of
the district's total annual budget. If a district's board determines
by resolution that a part of a capital fund will not be needed to
further the goals and objectives contained in the district's solid
waste management plan, that part of the capital fund may be
transferred to the district's general fund, to be used to offset
tipping fees, property tax revenues, or both tipping fees and
property tax revenues.
(25) The power to conduct promotional or educational programs
that include giving awards and incentives that further the district's
solid waste management plan.
(26) The power to conduct educational programs under
IC 13-20-17.5 to provide information to the public
concerning:
(A) the reuse and recycling of mercury in:
(i) mercury commodities; and
(ii) mercury-added products; and
(B) collection programs available to the public for:
(i) mercury commodities; and
(ii) mercury-added products.
(27) The power to implement mercury collection programs
under IC 13-20-17.5 for the public and small businesses.
SOURCE: ; (01)HE1901.1.17. -->
SECTION 17. [EFFECTIVE JULY 1, 2001]
(a) Before January 1,
2004, the environmental quality service council shall:
(1) review issues relating to the labeling and disposal of
products that contain mercury;
(2) review issues relating to the notifications, restrictions on
sales, and limitations on the use of elemental mercury under
IC 13-20-17.5, as added by this act; and
(3) make legislative recommendations based on the reviews
conducted under this SECTION, if appropriate.
(b) This SECTION expires January 1, 2004.
HEA 1901 _ Concur
Figure
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