Section 50IAC5.1-12-4. Water pollution control exemption

   (a) As used in this section, "industrial waste control facility" means personal property which is:

(1) included either as a part of or an adjunct to a privately owned manufacturing or industrial plant or coal mining operation; and

(2) used predominantly to:

(A) prevent, control, reduce, or eliminate pollution of a stream or a public body of water within or adjoining this state by:

(i) treating;

(ii) pretreating;

(iii) stabilizing;

(iv) isolating;

(v) collecting;

(vi) holding;

(vii) controlling; or

(viii) disposing;

of waste or contaminants generated by such plant; or

(B) meet state or federal reclamation standards for a coal mining operation.

  (b) An industrial waste control facility includes personal property that:

(1) is under construction or in the process of installation; and

(2) will be used for the purposes described in subsection (a) when placed in service.

The term also includes spare parts held exclusively for installation in or as part of personal property that qualifies for the exemption under this section.

  (c) An industrial waste control facility may qualify for exemption from property taxation if it is not used in the production of property for sale.

  (d) The amount of the exemption claimed is specifically limited to the value of the personal property that is attributable to the industrial waste control facility. (Department of Local Government Finance; 50 IAC 5.1-12-4; filed Dec 15, 1993, 5:00 p.m.: 17 IR 968; reinstated by IC 6-1.1-8-44, eff Jul 1, 2003)