Sec. 96. (a) “Hazardous material”, for purposes of IC 13-18-5, means any of the following:

(1) A hazardous chemical (as defined in 42 U.S.C. § 11021(e), as in effect on January 1, 1990).

Terms Used In Indiana Code 13-11-2-96

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) A hazardous waste.

(3) A hazardous substance (as defined in 42 U.S.C. § 9601(14), as in effect on January 1, 1990).

(4) A substance that is on the list of extremely hazardous substances published by the Administrator of the United States Environmental Protection Agency under 42 U.S.C. § 11002(a)(2).

(5) A material that is identified by the board as potentially harmful to surface water or groundwater if accidentally released from a storage or handling facility.

     (b) “Hazardous material”, for purposes of IC 13-25-6, means a material or waste that has been determined to be hazardous or potentially hazardous to human health, to property, or to the environment by:

(1) the United States:

(A) Environmental Protection Agency;

(B) Nuclear Regulatory Commission;

(C) Department of Transportation; or

(D) Occupational Safety and Health Administration; or

(2) the board.

The term includes all of the hazardous materials identified in 49 C.F.R. § 172.101.

[Pre-1996 Recodification Citations: subsection (a) formerly 13-1-3-19(b) part; subsection (b) formerly 13-6-2-5.]

As added by P.L.1-1996, SEC.1. Amended by P.L.113-2014, SEC.48; P.L.112-2015, SEC.6; P.L.72-2017, SEC.6.