Bill Text: IN HB1189 | 2013 | Regular Session | Introduced
Bill Title: Open burning.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Veterans Affairs and Public Safety [HB1189 Detail]
Download: Indiana-2013-HB1189-Introduced.html
Citations Affected: IC 13-11-2-158; IC 13-17-9-1.
Synopsis: Open burning. Specifies that for purposes of the law
concerning open burning, the definition of "person" means an
individual, a partnership, a copartnership, a firm, a company, a
corporation, an association, a joint stock company, a trust, an estate, a
municipal corporation, a city, a school city, a town, a school town, a
school district, a school corporation, a county, any consolidated unit of
government, political subdivision, a state agency, a contractor, or any
other legal entity. Allows a person to open burn wood remnants of the
demolition of an undesirable, predominantly wooden structure
originally located on real property located in an incorporated area
without obtaining a permit or any other authorization from the
department of environmental management, a unit of local government,
or a volunteer fire department if the open burn occurs in an
unincorporated area.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Veterans Affairs and Public
Safety.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) IC 13-17-9;
means an individual, a partnership, a copartnership, a firm, a company, a corporation, an association, a joint stock company, a trust, an estate, a municipal corporation, a city, a school city, a town, a school town, a school district, a school corporation, a county, any consolidated unit of government, political subdivision, state agency, a contractor, or any other legal entity.
(b) "Person", for purposes of:
(1) IC 13-18-10;
(2) IC 13-18-10.5;
(3) IC 13-20-10.5; and
(4) IC 13-20-17;
means an individual, a partnership, a copartnership, a firm, a company, a corporation, an association, a joint stock company, a trust, an estate, a political subdivision, a state agency, or other legal entity, or their legal representative, agent, or assigns.
(c) "Person", for purposes of:
(1) IC 13-20-13;
(2) IC 13-20-14;
(3) IC 13-20-16; and
(4) IC 13-25-6;
means an individual, a corporation, a limited liability company, a partnership, or an unincorporated association.
(d) "Person", for purposes of IC 13-23, has the meaning set forth in subsection (a). The term includes a consortium, a joint venture, a commercial entity, and the United States government.
(e) "Person", for purposes of IC 13-20-17.5 and IC 13-25-3, means an individual, a corporation, a limited liability company, a partnership, a trust, an estate, or an unincorporated association.
(f) "Person", for purposes of IC 13-26, means an individual, a firm, a partnership, an association, a limited liability company, or a corporation other than an eligible entity.
(g) "Person", for purposes of IC 13-29-1, means any individual, corporation, business enterprise, or other legal entity either public or private and any legal successor, representative, agent, or agency of that individual, corporation, business enterprise, or legal entity.
(1) Vegetation from:
(A) a farm;
(B) an orchard;
(C) a nursery;
(D) a tree farm;
(E) a cemetery; or
(F) a drainage ditch.
(2) Vegetation from agricultural land if the open burn occurs in an unincorporated area.
(3) Wood products derived from pruning or clearing a roadside by a county highway department.
(4) Wood products derived from the initial clearing of a public utility right-of-way if the open burn occurs in an unincorporated area.
(5) Undesirable:
(A) wood structures on real property; or
(B) wood remnants of the demolition of a predominantly wooden structure originally located on real property;
located in an unincorporated area.
(6) Wood remnants of the demolition of an undesirable, predominantly wooden structure originally located on real property located in an incorporated area if the open burn occurs in an unincorporated area.
(b) A person who is allowed to open burn under subsection (a) is not required to obtain:
(1) a permit; or
(2) any other authorization;
from the department, a unit of local government, or a volunteer fire department before conducting the open burning.
