Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
First Regular Session of the 124th General Assembly (2025)
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 193
AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 13-11-2-148, AS AMENDED BY P.L.176-2023,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 148. (a) "Operator", for purposes of IC 13-18-10
and IC 13-18-10.7, means the person in direct or responsible charge
or control of one (1) or more confined feeding operations.
(b) "Operator", for purposes of IC 13-18-11 and environmental
management laws, means the person in direct or responsible charge and
supervising the operation of:
(1) a water treatment plant;
(2) a wastewater treatment plant; or
(3) a water distribution system.
(c) "Operator", for purposes of IC 13-20-6, means a corporation, a
limited liability company, a partnership, a business association, a unit,
or an individual who is a sole proprietor that is one (1) of the following:
(1) A broker.
(2) A person who manages the activities of a transfer station that
receives municipal waste.
(3) A transporter.
(d) "Operator", for purposes of IC 13-23, except as provided in
subsections (e), (g), and (h), means a person:
(1) in control of; or
(2) having responsibility for;
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the daily operation of an underground storage tank or aboveground
storage tank.
(e) "Operator", for purposes of IC 13-23-13, does not include the
following:
(1) A person who:
(A) does not participate in the management of an underground
storage tank or aboveground storage tank;
(B) is otherwise not engaged in the:
(i) production;
(ii) refining; and
(iii) marketing;
of regulated substances; and
(C) holds evidence of ownership, primarily to protect the
owner's security interest in the tank.
(2) A person that is a lender that did not participate in
management of an underground storage tank or aboveground
storage tank before foreclosure, notwithstanding that the person:
(A) forecloses on the vessel or facility; and
(B) after foreclosure, sells, re-leases (in the case of a lease
finance transaction), or liquidates the underground storage
tank or aboveground storage tank, maintains business
activities, winds up operations, undertakes a response action
under Section 107(d)(1) of CERCLA (42 U.S.C. 9607(d)(1))
or under the direction of an on-scene coordinator appointed
under the National Contingency Plan with respect to the
underground storage tank or aboveground storage tank, or
takes any other measure to preserve, protect, or prepare the
underground storage tank or aboveground storage tank prior to
sale or disposition;
if the person seeks to sell, re-lease (in the case of a lease finance
transaction), or otherwise divest the person of the underground
storage tank or aboveground storage tank at the earliest
practicable, commercially reasonable time, on commercially
reasonable terms, taking into account market conditions and legal
and regulatory requirements.
(3) A person who:
(A) does not own or lease, directly or indirectly, the facility or
business at which the underground storage tank or
aboveground storage tank is located;
(B) does not participate in the management of the facility or
business described in clause (A); and
(C) is engaged only in:
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(i) filling;
(ii) gauging; or
(iii) filling and gauging;
the product level in the course of delivering fuel to an
underground storage tank or aboveground storage tank.
(4) A political subdivision (as defined in IC 36-1-2-13) or unit of
federal or state government that:
(A) acquires ownership or control of an underground storage
tank or aboveground storage tank on a brownfield because of:
(i) bankruptcy;
(ii) foreclosure;
(iii) tax delinquency, including an acquisition under
IC 6-1.1-24 or IC 6-1.1-25;
(iv) abandonment;
(v) the exercise of eminent domain, including any purchase
of property once an offer to purchase has been tendered
under IC 32-24-1-5;
(vi) receivership;
(vii) transfer from another political subdivision or unit of
federal or state government;
(viii) acquiring an area needing redevelopment (as defined
in IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and
IC 36-7-15.1-15.5;
(ix) other circumstances in which the political subdivision
or unit of federal or state government involuntarily acquired
an interest in the property because of the political
subdivision's or unit's function as sovereign; or
(x) any other means to conduct remedial actions on a
brownfield; and
(B) is engaged only in activities in conjunction with:
(i) investigation or remediation of hazardous substances,
petroleum, and other pollutants associated with a
brownfield, including complying with land use restrictions
and institutional controls; or
(ii) monitoring or closure of an underground storage tank or
aboveground storage tank;
unless existing contamination on the brownfield is exacerbated
due to gross negligence or intentional misconduct by the
political subdivision or unit of federal or state government.
(f) For purposes of subsection (e)(4)(B), reckless, willful, or wanton
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misconduct constitutes gross negligence.
(g) "Operator" does not include a person that after June 30, 2009,
meets, for purposes of the determination under IC 13-23-13 of liability
for a release from an underground storage tank or aboveground storage
tank, the exemption criteria under Section 107(q) of CERCLA (42
U.S.C. 9607(q)) that apply for purposes of the determination of liability
for a release of a hazardous substance.
(h) "Operator" does not include a person that meets, for purposes of
the determination under IC 13-23-13 of liability for a release from an
underground storage tank or aboveground storage tank, the exemption
criteria under Section 107(r) of CERCLA (42 U.S.C. 9607(r)) that
apply for purposes of the determination of liability for a release of a
hazardous substance, except that the person acquires ownership of the
facility after June 30, 2009.
SECTION 2. IC 13-14-2-2, AS AMENDED BY P.L.133-2012,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. The department may have a designated agent,
upon presentation of proper credentials, enter upon private or public
property to inspect for and investigate possible violations of any of the
following:
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
(4) IC 13-18-9.
(5) IC 13-18-10.
(6) IC 13-18-10.7.
(6) (7) IC 13-19-3.
(7) (8) Any rule adopted by the board.
SECTION 3. IC 13-18-10.7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 10.7. Inspection of Confined Feeding Operations
Sec. 1. Subject to section 2 of this chapter, the department shall
conduct an onsite inspection of a confined feeding operation:
(1) once within ninety (90) days after receipt of the
construction or expansion affidavit required by
IC 13-18-10-2.2; and
(2) not:
(A) earlier than forty-five (45) days before; or
(B) later than forty-five (45) days after;
a renewal of an approval under IC 13-18-10;
to verify compliance with the terms and conditions of the approval.
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However, the department may delay an onsite inspection under this
section if the department determines that additional time is needed
to comply with the biosecurity procedures developed under section
5 of this chapter. The department may conduct additional onsite
inspections at its discretion.
Sec. 2. The department may conduct complaint based onsite
inspections of a confined feeding operation at the department's
discretion. A complaint based onsite inspection of a confined
feeding operation is not subject to the thirty (30) day prior
notification requirements under section 3 of this chapter.
Sec. 3. The department shall notify the operator of a confined
feeding operation of the date on which the department intends to
conduct an onsite inspection under this chapter. The department
shall provide notification under this section at least thirty (30) days
before the intended date of the inspection. The confined feeding
operation may waive notice under this section.
Sec. 4. Upon arriving at a confined feeding operation to conduct
an onsite inspection, the officer, employee, or authorized
representative of the department shall, if possible, present the
credentials of the officer, employee, or authorized representative
for inspection by the operator of the confined feeding operation or
an employee or agent of the operator.
Sec. 5. An onsite inspection of a confined feeding operation must
be conducted in compliance with:
(1) 327 IAC 19-4-1;
(2) biosecurity procedures developed by the department in
consultation with the:
(A) Indiana state board of animal health; and
(B) United States Environmental Protection Agency; and
(3) reasonable site-specific biosecurity protocols for the
confined feeding operation.
SEA 193 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 193 — ConcurEvery fact on this page links to its source, starting with the official bill record.