Ind. Code ch. 13-20-10.5

in effect

Ind. Code § 13-20-10.5-1 Department approval

Sec. 1. (a) A person may not after June 30, 2011, start: (1) construction of: (A) an anaerobic digestion facility; or (B) a gasification facility; or (2) expansion of: (A) an anaerobic digestion facility; or (B) a gasification facility; without obtaining prior approval of the department. (b) A person who proposes to construct or expand an anaerobic digestion facility or a gasification facility on the premises of a confined feeding operation must obtain the prior approval required under subsection (a) through the approval process for confined feeding operations under IC 13-18-10 and rules implementing that chapter. As added by P.L.189-2011, SEC.13. Amended by P.L.135-2026, SEC.192.

Ind. Code § 13-20-10.5-2 Regulation as a solid waste processing facility

Sec. 2. An anaerobic digestion facility or a gasification facility for which the only input is biomass is not subject to regulation as a solid waste processing facility. As added by P.L.189-2011, SEC.13. Amended by P.L.135-2026, SEC.193.

Ind. Code § 13-20-10.5-3 Repealed

As added by P.L.189-2011, SEC.13. Amended by P.L.27-2024, SEC.6. Repealed by P.L.135-2026, SEC.194.

Ind. Code § 13-20-10.5-3.5 Period for determining prior approval

Sec. 3.5. (a) The department shall make a determination under section 1 of this chapter concerning prior approval for the construction or expansion of an anaerobic digestion facility or gasification facility for which the only inputs are biomass or appropriate feedstock not later than ninety (90) days after the date on which the department receives the completed application for prior approval, including all required supplemental information, unless the department and the applicant agree to a longer time. (b) Subject to subsection (a), the department may conduct any inquiry or investigation that: (1) is consistent with the department's duties under this chapter; and (2) the department considers necessary; before making a determination under section 1 of this chapter. (c) If the department fails to make a determination within the time frame provided in subsection (a), the applicant may request and receive a refund of the fee paid by the applicant when the application for prior approval was submitted. The department shall continue to review the application and approve or deny the application as soon as practicable. As added by P.L.27-2024, SEC.7. Amended by P.L.135-2026, SEC.195.

Ind. Code § 13-20-10.5-4 Rules

Sec. 4. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter. As added by P.L.189-2011, SEC.13.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026