Indiana Administrative Code Title 320 - INDIANA ENVIRONMENTAL MANAGEMENT BOARD
1. What is the Indiana Administrative Code (IAC)?
The Indiana Administrative Code is a collection of all administrative rules and regulations that have been officially adopted by state agencies in Indiana. These rules are more detailed than state laws—they explain how laws passed by the Indiana General Assembly will be applied and enforced.
Think of it like this:
The law says what you must do.
The administrative code says how it will be done, enforced, or monitored.
2. Title 320 – Indiana Environmental Management Board (IEMB)
Title 320 specifically contains all the rules, procedures, and regulations that govern the Indiana Environmental Management Board (IEMB). The IEMB is a state-level board responsible for overseeing Indiana’s environmental policies and enforcing environmental regulations.
The IEMB’s work involves issues like:
Pollution control
Water and air quality standards
Hazardous waste management
Permitting for businesses and industries that may impact the environment
3. Structure of Title 320
Title 320 is divided into chapters and sections, each covering specific aspects of the Board’s responsibilities. Here’s a breakdown of the key components:
a) General Provisions
Defines what the IEMB is.
Explains the board’s authority, including making rules, holding hearings, and enforcing compliance.
Sets out definitions for technical terms, like hazardous waste, permitting, or compliance.
b) Rulemaking Procedures
Explains how the board adopts new environmental rules.
Includes public notice requirements, meaning the public must be informed when rules change.
Explains how interested parties (like companies, citizens, or environmental groups) can comment on proposed rules.
c) Hearings and Appeals
Provides guidance on how disputes are handled.
If a business disagrees with an environmental permit decision or a violation notice, there is a formal process to request a hearing.
Includes rules for evidence submission, hearings, and the issuance of administrative orders.
d) Enforcement
Explains how violations are addressed, including fines or corrective actions.
Defines the roles of inspectors, environmental officers, and the board itself in enforcement.
Lists procedures for penalties, emergency actions, and compliance schedules.
e) Permitting and Compliance
Outlines what permits are required for air emissions, water discharge, or waste disposal.
Explains how facilities must monitor and report environmental impacts.
Sets standards to ensure the state meets federal environmental laws (like the Clean Air Act and Clean Water Act).
f) Special Programs
Covers specific programs like hazardous waste management, underground storage tank regulation, and recycling initiatives.
May also include incentive programs for companies to reduce pollution.
4. Purpose of Title 320
Ensures Indiana protects air, water, and soil.
Provides clear rules for businesses and the public on environmental responsibilities.
Gives a legal framework for resolving environmental disputes.
Ensures Indiana complies with federal environmental laws while tailoring regulations to state needs.
5. Key Takeaways
Title 320 is not a law passed by the legislature; it’s a set of administrative rules created by the IEMB.
It is legally enforceable, meaning violations can result in fines or other penalties.
It balances the interests of environmental protection, public health, and business operations.
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