reglab/housing_qa huggingface dataset:
IN Code § 13-25-4-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-2. Sources of Fund

Sec. 2. The sources of money for the fund are the following:(1) Fees paid under IC 13-22-12-3.5 for the disposal of hazardous waste.(2) Any payment to the state or the fund as:(A) reimbursement for amounts expended by the state in a response action;(B) reimbursement of administrative and personnel expenses incurred by the state in evaluating proposed modifications of restrictive covenants under IC 13-14-2-9; or(C) a settlement or judgment stemming from a lawsuit by the state or federal government to recover amounts expended by the state in a response action, including recoveries under section 10 of this chapter.(3) Accrued interest and other investment earnings of the fund.(4) Fees paid under IC 13-23-12-4(2) by owners and operators of underground storage tanks used to contain regulated substances other than petroleum.(5) Appropriations made by the general assembly and gifts and donations from private and public entities intended for deposit in the fund.(6) Grants and other payments made by the United States government under:(A) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) in relation to regulated substances other than petroleum; or(B) CERCLA.(7) Money received from responsible parties under agreements under section 23 of this chapter for response actions at specific sites.[Pre-1996 Recodification Citation: 13-7-8.7-3.]As added by P.L.1-1996, SEC.15. Amended by P.L.38-2012, SEC.8; P.L.220-2014, SEC.33.
IN Code § 13-25-4-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-3. Investments

Sec. 3. The treasurer of state shall invest the assets of the fund:(1) as a whole; and(2) in the investments that are authorized by the Constitution of the State of Indiana and state laws.[Pre-1996 Recodification Citation: 13-7-8.7-4.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-4. Annual Budget; Expenditures; Household Hazardous Waste Grants

Sec. 4. (a) The department shall do the following:(1) Prepare an annual budget to provide for administrative and personnel expenses from the fund.(2) Submit the budget to the budget committee in accordance with IC 4-12-1.(b) The general assembly must appropriate the money in the fund to be used for administrative and personnel expenses before expenditure of the money. The commissioner shall order all other expenditures from the fund with the approval of the governor and the budget agency.(c) Not more than four hundred fifty thousand dollars ($450,000) of the fund is available to the department each year to fund grants awarded under IC 13-20-20, exclusive of administrative and personnel expenditures authorized by section 1(a)(8) of this chapter.[Pre-1996 Recodification Citation: 13-7-8.7-6.]As added by P.L.1-1996, SEC.15. Amended by P.L.237-1999, SEC.11.
IN Code § 13-25-4-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-5. Corrective Action Determination; Access to Records

Sec. 5. (a) This section applies to the following:(1) A person that stores, treats, or disposes of hazardous substances.(2) If necessary to ascertain facts not available at the site or facility where the hazardous substances are located, a person that generates, transports, or otherwise handles or has handled hazardous substances.(b) To assist in determining the need for corrective action under IC 13-22-13 or removal or remedial action under this chapter in connection with a hazardous substance, a person described in subsection (a) shall:(1) upon request of an officer, an employee, or a designated agent of the department, furnish information relating to the hazardous substances referred to in subsection (a)(1) or (a)(2); and(2) permit the officer, the employee, or the designated agent of the department at any reasonable time to have access to and to copy all records relating to the hazardous substances referred to in subsection (a)(1) or (a)(2).[Pre-1996 Recodification Citation: 13-7-8.7-7(a).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-6. Entry for Inspection by Agent; Reasonable Promptness; Samples

Sec. 6. (a) For the purpose of assisting in determining the need for corrective action under IC 13-22-13 or removal or remedial action in connection with a hazardous substance under this chapter, an officer, an employee, or a designated agent of the department may:(1) enter at reasonable times any establishment or other place:(A) where hazardous substances are or have been generated, stored, treated, or disposed of; or(B) from which hazardous substances have been transported; and(2) inspect and obtain samples of:(A) any hazardous substance;(B) containers or labeling for hazardous substances; or(C) soil, surface water, ground water, or other environmental media.(b) Each inspection under subsection (a)(2) must be commenced and completed with reasonable promptness. If the officer, the employee, or the representative of the department conducting the inspection obtains any samples, before leaving the premises the officer, the employee, or the representative shall give to the owner, the operator, or the person in charge of the premises:(1) a receipt describing the sample obtained; and(2) if requested, a portion or a duplicate of each sample equal in volume of weight to the portion retained.(c) If an analysis is made of samples obtained in an inspection under subsection (a)(2), a copy of the results of the analysis shall be furnished promptly to the owner, the operator, or the person in charge of the premises inspected.[Pre-1996 Recodification Citation: 13-7-8.7-7(b), (c).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-7. Rules

Sec. 7. The board shall adopt rules establishing criteria for determining the commissioner's priorities in selecting hazardous substance response sites. Until these rules have been adopted, the commissioner shall give priority to those sites presenting a significant threat to public health and environment.[Pre-1996 Recodification Citation: 13-7-8.7-7(d).]As added by P.L.1-1996, SEC.15. Amended by P.L.133-2012, SEC.154.
IN Code § 13-25-4-8.2 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-8.2. Lenders Considered to Participate in Management

Sec. 8.2. A person that is a lender and that holds evidence of ownership primarily to protect a security interest in a vessel or facility may be considered to participate in the management (as defined in IC 13-11-2-151.4) of the hazardous substance at the facility only if, while the borrower is still in possession of the vessel or facility encumbered by the security interest, the person:(1) exercises decision making control over the environmental compliance related to the vessel or facility such that the person has undertaken responsibility for the hazardous substance handling or disposal practices related to the vessel or facility; or(2) exercises control at a level comparable to that of a manager of the vessel or facility such that the person has assumed or manifested responsibility:(A) for the overall management of the vessel or facility encompassing day to day decision making with respect to environmental compliance; or(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the vessel or facility other than the function of environmental compliance.As added by P.L.90-1998, SEC.25.
IN Code § 13-25-4-8.4 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-8.4. Limits on Liability of Fiduciaries

Sec. 8.4. (a) The liability of a fiduciary under this title for the release or threatened release of a hazardous substance at, from, or in connection with a vessel or facility held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity.(b) Subsection (a) does not apply to the extent that a person is liable under this title independently of the person's ownership of a vessel or facility as a fiduciary or actions taken in a fiduciary capacity.(c) Subsections (a) and (d) do not limit the liability pertaining to a release or threatened release of a hazardous substance if negligence of a fiduciary causes or contributes to the release or threatened release.(d) A fiduciary is not liable in its personal capacity under this title for any of the following:(1) Undertaking or directing another person to undertake a response action under 42 U.S.C. 9607(d)(1) or under the direction of an on-scene coordinator designated under the National Contingency Plan.(2) Undertaking or directing another person to undertake other lawful means of addressing a hazardous substance in connection with the vessel or facility.(3) Terminating the fiduciary relationship.(4) Including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law, or monitoring, modifying, or enforcing the term or condition.(5) Monitoring or undertaking at least one (1) inspection of the vessel or facility.(6) Providing financial advice or other advice or counseling to other parties to the fiduciary relationship, including the settlor or beneficiary.(7) Restructuring, renegotiating, or otherwise altering the terms and conditions of the fiduciary relationship.(8) Administering, as a fiduciary, a vessel or facility that was contaminated before the fiduciary relationship began.(9) Declining to take any of the actions referred to in subdivisions (2) through (8).(e) This section does not apply to a person if the person:(1) acts in a capacity other than:(A) a fiduciary capacity; or(B) a beneficiary capacity;and, in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or(2) is a beneficiary and a fiduciary with respect to the same fiduciary estate and, as a fiduciary, receives benefits that exceed customary or reasonable compensation and incidental benefits permitted under other applicable law.(f) This section does not preclude a claim against the assets of the estate or trust administered by:(1) the fiduciary; or(2) a nonemployee agent or independent contractor retained by a fiduciary.(g) This section does not:(1) affect the rights, immunities, or other defenses that are available under:(A) this title; or(B) other law that is applicable to a person subject to this chapter; or(2) create:(A) any liability for a person; or(B) a private right of action against a fiduciary or any other person.As added by P.L.90-1998, SEC.26.
IN Code § 13-25-4-9 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-9. Court Actions by Commissioner; Administrative Orders

Sec. 9. (a) The commissioner may proceed in court, by appropriate action, to:(1) compel a responsible person to undertake a removal or remedial action with respect to a release or threatened release of a hazardous substance from a facility or site in Indiana; or(2) obtain an order to enter upon private or public property to carry out an appropriate response under the environmental management laws if the commissioner cannot identify or locate another person responsible for carrying out the response who:(A) is willing to carry out the response and capable of doing so; or(B) can be compelled to carry out the response under subdivision (1).(b) The commissioner may issue an administrative order for the purpose set forth in subsection (a)(1).[Pre-1996 Recodification Citation: 13-7-8.7-9.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-10 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-10. Actions to Recover Costs and Damages; Punitive Damages; Deposit of Recovery

Sec. 10. (a) The commissioner may proceed in the appropriate court to recover costs and damages for which a responsible person is liable to the state under any of the following:(1) Section 107 of CERCLA (42 U.S.C. 9607).(2) Section 8 of this chapter.(3) This section.(b) In addition to the recovery allowed under subsection (a) and the civil penalty provisions of IC 13-30-4-1 and IC 13-30-4-2, a person that:(1) is liable for a release or threat of release of a hazardous substance; and(2) fails, without sufficient cause, to properly provide removal or remedial action upon order of a court under section 9 of this chapter;is liable for punitive damages.(c) The commissioner may commence a civil action against a person described in subsection (b) to recover punitive damages. In the action, the commissioner may seek and the court may grant an award of punitive damages against a person described in subsection (b) for up to three hundred percent (300%) of the total costs incurred by the department as a result of that person's failure to properly provide removal or remedial action upon the order of a court. However, any recovery in the action is subject to offset by the amount of any civil penalty paid by the person under IC 13-30-4-1 and IC 13-30-4-2 based upon the release, the threatened release, or the person's failure to properly provide removal or remedial action.(d) Costs, damages, and punitive damages awarded under this section shall be deposited in the fund.[Pre-1996 Recodification Citation: 13-7-8.7-10.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-11 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-11. Lien; Amount

Sec. 11. After a response is initiated under:(1) section 9 of this chapter; or(2) IC 13-24-1;the state may impose a lien on the property on which the response is undertaken. The lien may secure the payment to the state of an amount of money equal to the amount expended from the fund under section 1(a)(3) of this chapter to finance the response.[Pre-1996 Recodification Citation: 13-7-8.7-10.7(a).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-12 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-12. Lien; Perfection

Sec. 12. For a lien arising under section 11 of this chapter to be perfected, notice of the lien must be filed in the office of the county recorder of the county in which the real property subject to the lien is located. Before notice of a lien may be filed in the office of the county recorder, the department shall provide notice of the intention to file the lien as provided by section 19 of this chapter.[Pre-1996 Recodification Citation: 13-7-8.7-10.7(b).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-13 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-13. Lien; Notification of Owner

Sec. 13. The department shall provide notice of the filing of a lien to the owner of the property if the owner can be identified. If the owner of record cannot be identified, the department shall notify the tenant or other person having control of the property.[Pre-1996 Recodification Citation: 13-7-8.7-10.7(c).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-14 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-14. Lien; Recording

Sec. 14. When a notice of a lien arising under section 11 of this chapter is presented to the county recorder for filing, the county recorder shall enter the lien appropriately in the entry book and in the miscellaneous record. The entries made under this section must show the following:(1) The date of filing.(2) The book and page number or instrument number.(3) The name of the person named in the notice.(4) A legal description of the property if appropriate.(5) A serial number or other identifying number given in the notice.[Pre-1996 Recodification Citation: 13-7-8.7-10.7(d).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-15 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-15. Lien; Discharge; Release

Sec. 15. (a) Subject to subsection (b), when a certificate of discharge of a lien arising under section 11 of this chapter or IC 13-7-8.7-10.7 (before its repeal) is:(1) issued by an employee or a designated agent of the department; and(2) presented for filing in the office of the county recorder of the county where the notice of lien was filed;the county recorder shall record the certificate of discharge as a release of the lien.(b) To be recorded under this section, the certificate must refer to the county recorder's book and page number or instrument number under which the lien was recorded.[Pre-1996 Recodification Citation: 13-7-8.7-10.7(e).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-16 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-16. Lien; Release; Recording

Sec. 16. When recording a release of a lien under section 15 of this chapter, the county recorder shall inscribe, in the margin of each entry made to record the lien under section 14 of this chapter, a reference to the place where the release is recorded.[Pre-1996 Recodification Citation: 13-7-8.7-10.7(f).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-17 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-17. Lien; Discharge and Satisfaction

Sec. 17. Upon:(1) the recording of the certificate of discharge as a release under section 15 of this chapter; and(2) the inscribing of the references to the release under section 16 of this chapter;a certificate of discharge of a lien arising under section 11 of this chapter operates as a full discharge and satisfaction of the lien unless the references to the release inscribed under section 15 of this chapter specifically note the release as a partial lien release.[Pre-1996 Recodification Citation: 13-7-8.7-10.7(g).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-18 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-18. Lien; Duration

Sec. 18. A lien created under section 11 of this chapter or IC 13-7-8.7-10.7 (before its repeal) continues until the earlier of the following:(1) The full discharge and satisfaction of the lien.(2) The expiration of a ten (10) year period from the date of the creation of the lien unless an action to foreclose the lien is pending.[Pre-1996 Recodification Citation: 13-7-8.7-10.7(h).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-19 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-19. Notice of Intent to Impose Lien

Sec. 19. (a) At least thirty (30) days before notice of a lien arising under this chapter may be filed under section 12 of this chapter, the department must send a written notice:(1) to the owner of the real property that would be subject to the lien; or(2) if the owner of record cannot be identified, to the tenant or other person having control of the real property;of the date on which the state intends to impose a lien under section 11 of this chapter.(b) The department shall provide the county recorder of the county in which the real property that would be subject to the lien is located with a copy of the written notice described in subsection (a).[Pre-1996 Recodification Citation: 13-7-8.7-10.9(a), (b).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-20 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-20. Request for and Conduct of Hearing

Sec. 20. (a) Before the date on which the state intends to impose a lien on real property under section 11 of this chapter, the owner of the real property may request that a hearing be conducted under IC 4-21.5. A hearing conducted under this section and IC 4-21.5 shall be limited to determining if there is probable cause to believe that:(1) a removal or a remedial action was conducted on the real property under:(A) this chapter; or(B) IC 13-24-1; and(2) if the removal or the remedial action was conducted under this chapter, the owner of the real property would be subject to liability under 42 U.S.C. 9607 (Section 107 of the federal Comprehensive Environmental Response, Compensation, and Liability Act).(b) For the purposes of a hearing conducted under this section and IC 4-21.5, an environmental law judge is the ultimate authority.[Pre-1996 Recodification Citation: 13-7-8.7-10.9(c).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-21 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-21. Effect of Request for Hearing

Sec. 21. If an owner requests a hearing under section 20 of this chapter, the state may not impose a lien on the owner's real property under section 11 of this chapter until the commissioner determines after the hearing that there is probable cause to believe that:(1) a removal or a remedial action was conducted on the real property under this chapter or IC 13-24-1; and(2) if the removal or the remedial action was conducted under this chapter, the owner of the real property would be subject to liability under 42 U.S.C. 9607 (Section 107 of the federal Comprehensive Environmental Response, Compensation, and Liability Act).[Pre-1996 Recodification Citation: 13-7-8.7-10.9(d).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-22 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-22. Retrieval of Copy of Written Notice From County Recorder

Sec. 22. If the department provides a county recorder with a copy of a written notice under section 19(b) of this chapter, the department shall retrieve the copy of the written notice from the county recorder on the date a lien is imposed on the real property described in the written notice. However:(1) if:(A) a hearing is not held under section 20 of this chapter and IC 4-21.5; and(B) a lien is not imposed:(i) on the real property described in the notice; and(ii) by the date indicated in the notice;the department shall retrieve the copy of the notice on the day after the date the lien was to be imposed on the real property; or(2) if:(A) a hearing is held under section 20 of this chapter and IC 4-21.5; and(B) a lien is not imposed on the real property described in the notice;the department shall retrieve the copy of the notice on the day after the date the commissioner determines that a lien may not be imposed on the real property.[Pre-1996 Recodification Citation: 13-7-8.7-10.9(e).]As added by P.L.1-1996, SEC.15.