§ 13-27-7-2 — Binding effect of program implementing documents, manuals, and policies; prohibited activities; duties

(a) Guidance documents, technical assistance
manuals, and policies developed or used in implementing programs
under this article are not binding on participating businesses.
(b) Subject to subsection (e), the board or the department may not
do the following:
(1) Subject to IC 13-14-1-11.5, incorporate documents, manuals,
or policies developed under this article into rules adopted under
IC 4-22-2.
(2) Adopt rules under IC 4-22-2 requiring business
implementation of pollution prevention practices or of clean
manufacturing by means of any of the following:
(A) Permit conditions.
(B) Enforcement actions.
(C) Other department actions.
(c) Subsection (b) only applies to pollution prevention as defined in
this title.
(d) Subsection (b) does not apply to authority granted under federal
law to implement pollution prevention as defined under any of the
following:
(1) Federally delegated air, water, solid waste, and other
programs.
(2) Guidance documents developed to implement programs
described in subdivision (1).
(3) Programs established under IC 13-20-3, IC 13-20-22, or IC 13-21.
(e) The department shall present pollution prevention as an option
to businesses in any of the following:
(1) Permit conditions.
(2) Enforcement actions.
(3) Other department actions.
[Pre-1996 Recodification Citation: 13-9-7-2.]

Legislative History

As added by P.L.1-1996, SEC.17. Amended by P.L.124-1997, SEC.21; P.L.261-1999, SEC.3; P.L.37-2012, SEC.58; P.L.113-2014, SEC.84.