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Ind. Code § 13-11-2-77

"Facility"

Applied in 1 court decision — leading case Killbuck Concerned Citizens Ass'n Ex Rel. Kutschera v. J.M. Corp. (2011)

Most recently applied in Killbuck Concerned Citizens Ass'n Ex Rel. Kutschera v. J.M. Corp. (February 2011)

As added by P.L.1-1996, SEC.1

Sec. 77. (a) "Facility", for purposes of IC 13-15-1-3, means a structure or an area of land used for the disposal, treatment, storage, recovery, processing, or transferring of solid waste, hazardous waste, or atomic radiation. The term includes the following:

(1) A hazardous waste facility.

(2) An incinerator.

(3) A solid waste landfill.

(4) A transfer station.

(b) "Facility", for purposes of IC 13-17-7, means a single structure, piece of equipment, installation, or operation that:

(1) emits; or

(2) has the potential to emit;

a regulated air pollutant.

(c) "Facility", for purposes of IC 13-18-5, means a building, a structure, equipment, or other stationary item that is located on:

(1) a single site; or

(2) contiguous or adjacent sites that are owned by, operated by, or under common control of the same person.

(d) "Facility", for purposes of IC 13-21, means a facility, a plant, a works, a system, a building, a structure, an improvement, machinery, equipment, a fixture, or other real or personal property of any nature that is to be used, occupied, or employed for the collection, storage, separation, processing, recovery, treatment, marketing, transfer, or disposal of solid waste.

(e) "Facility", for purposes of IC 13-23, means a parcel of land or site, together with the structures, equipment, and improvements on or appurtenant to the land or site, which is used or is being developed for the storage or distribution of petroleum.

(f) "Facility", for purposes of IC 13-25-2, means all buildings, equipment, structures, and other stationary items that are:

(1) located on a single site or on contiguous or adjacent sites; and

(2) owned or operated by:

(A) the same person; or

(B) any person that controls, is controlled by, or is under common control with the same person.

For purposes of IC 13-25-2-6, the term includes motor vehicles, rolling stock, and aircraft.

(g) "Facility", for purposes of IC 13-25-4, has the meaning set forth in 42 U.S.C. 9601(9).

(h) "Facility", for purposes of IC 13-29-1, means a parcel of land or site, together with the structures, equipment, and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage, or disposal of low-level radioactive waste.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.