reglab/housing_qa huggingface dataset:
IN Code § 13-25-2-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-6. Notice of Release of Substances

Sec. 6. (a) This section does not apply to any release that results in exposure to persons solely within the site or sites on which a facility is located.(b) If:(1) a release of an extremely hazardous substance occurs from a facility at which a hazardous chemical is produced, used, or stored; and(2) the release requires a notification under 42 U.S.C. 9603(a);the owner or operator of the facility shall immediately provide notice as described in section 7 of this chapter.(c) If a release of an extremely hazardous substance that is on the list referred to in section 2 of this chapter occurs from a facility at which a hazardous chemical is produced, used, or stored and the release is not subject to the notification requirements under 42 U.S.C. 9603(a), the owner or operator of the facility shall immediately provide notice as described in section 7 of this chapter if the release:(1) is not a federally permitted release (as defined in 42 U.S.C. 9601(10));(2) is in an amount that exceeds a quantity that the administrator has determined by regulation requires notice; and(3) occurs in a manner that would require notification under 42 U.S.C. 9603(a).(d) If a release of a substance that is not on the list referred to in section 2 of this chapter occurs at a facility at which a hazardous chemical is produced, used, or stored, and the release requires notification under 42 U.S.C. 9603(a), the owner or operator shall provide notice as follows:(1) If a reportable quantity has been established for the substance under 42 U.S.C. 9602(a), the owner or operator shall provide the notice as described in section 7 of this chapter.(2) If a reportable quantity has not been established for the substance under 42 U.S.C. 9602(a), the owner or operator shall provide the notice as described in section 7 of this chapter for any release of at least one (1) pound of the substance.[Pre-1996 Recodification Citation: 13-7-37-13.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-6.5 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-6.5. Evaluation of Notification Options; Toll Free Telephone Line to Be Provided

Sec. 6.5. (a) The department shall work with interested stakeholders, including the federal government, the general public, members of the general assembly, and businesses, to evaluate the feasibility of simplifying and expediting notification under IC 13-25-2-6. Options to be evaluated include:(1) connecting persons required to provide notice under IC 13-25-2-6 with the National Response Center; and(2) recommending any appropriate changes in federal law.(b) The department shall implement an option evaluated under subsection (a) if the option:(1) is practical to implement;(2) is technically feasible;(3) is economically feasible;(4) is protective of human health and the environment; and(5) would adequately serve persons required to provide notice under IC 13-25-2-6.(c) The department shall provide a toll free long distance telephone line through which a person required to provide notice under IC 13-25-2-6 may contact the office described in IC 13-13-3-1 of this chapter.As added by P.L.126-1996, SEC.5.
IN Code § 13-25-2-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-7. Notice From Owner or Operator

Sec. 7. (a) The owner or operator of the facility shall give the notice required by section 6 of this chapter immediately after the release to the following:(1) The community emergency coordinator for the appropriate local emergency planning committees for any area likely to be affected by the release.(2) The commission.(3) The state emergency planning commission of any other state likely to be affected by the release.(b) If a substance that is subject to the reporting requirements under this section is being transported or is being stored incident to being transported, the notice requirements of this section may be satisfied by:(1) dialing the local 911 emergency telephone number; or(2) if a local 911 emergency telephone number is not available, calling the telephone operator.(c) The notice required by section 6 of this chapter must include each of the following to the extent known at the time of the notice and if no delay in responding to the emergency results:(1) The chemical name or identity of any substance involved in the release.(2) An indication of whether the substance is on the list referred to in section 2 of this chapter.(3) An estimate of the quantity of any substance that was released into the environment.(4) The time and duration of the release.(5) The medium or media into which the release occurred.(6) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.(7) Proper precautions to take as a result of the release, including evacuation, unless the information is readily available to the community emergency coordinator under the local emergency plan.(8) The name and telephone number of persons to be contacted for additional information.(d) As soon as practicable after a release that requires notice by section 6 of this chapter, the owner or operator shall provide written follow-up emergency notices that include and update the information required by this section, including additional information with respect to the following:(1) Actions taken to respond to and contain the release.(2) Any known or anticipated acute or chronic health risks associated with the release.(3) If appropriate, advice regarding medical attention necessary for exposed individuals.[Pre-1996 Recodification Citation: 13-7-37-14.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-9 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-9. Emergency and Hazardous Chemical Inventory Form; Tier Ii Information

Sec. 9. (a) A tier II emergency and hazardous chemical inventory form required to be submitted under section 10 of this chapter must provide the following information for each hazardous chemical present at the facility:(1) The chemical name or the common name of the chemical as provided on the material safety data sheet.(2) An estimate in ranges of the maximum amount of the hazardous chemical present at the facility at any time during the preceding year.(3) An estimate in ranges of the average daily amount of the hazardous chemical present at the facility during the preceding year.(4) A brief description of the manner of storage of the hazardous chemical.(5) The location at the facility of the hazardous chemical.(6) An indication of whether the owner of the facility elects to withhold location information of a specific hazardous chemical from disclosure to the public under section 14 of this chapter.(7) The tier II inventory information specified in 40 CFR 370.42.When the tier II inventory information is being submitted using an online system approved by the commission, an electronic signature that meets the conditions established by the commission will satisfy the signature requirement specified in 40 CFR 370.42(a).(b) An owner or operator may meet the requirements of this section and section 10 of this chapter with respect to a hazardous chemical that is a mixture by doing one (1) of the following:(1) Providing information on the inventory form on each element or compound in the mixture that is a hazardous chemical. If more than one (1) mixture has the same element or compound, only one (1) listing on the inventory form for the element or compound at the facility is necessary.(2) Providing information on the inventory form on the mixture.(c) A hazardous chemical for which a material safety data sheet or a listing is required by section 8 of this chapter is subject to this section and section 10 of this chapter.[Pre-1996 Recodification Citation: 13-7-37-16(a), (b), (c), (d), (e).]As added by P.L.1-1996, SEC.15. Amended by P.L.85-2015, SEC.11.
IN Code § 13-25-2-10.4 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-10.4. Annual Fee; Exceptions

Sec. 10.4. (a) Except as provided in subsection (c), each year, a fee is imposed on a facility that must submit an emergency and hazardous chemical inventory form under section 10 of this chapter. The amount of the fee is as follows:(1) For a facility in which at least one million (1,000,000) pounds of any hazardous chemical was present at one (1) time during the year preceding the year in which the fee is imposed, a fee of two hundred dollars ($200).(2) For a facility in which, in the year preceding the year in which the fee is imposed, one (1) or more hazardous chemicals were present in amounts exceeding the threshold quantities established under 42 U.S.C. 11022(b), but the total amount of any hazardous chemical present did not at any one (1) time equal or exceed one million (1,000,000) pounds, a fee of one hundred dollars ($100).(3) For a facility that contains underground storage tanks (as defined in IC 13-11-2-241) and was subject to the reporting requirement in 42 U.S.C. 6991a(a), but in which, in the year preceding the year in which the fee is imposed, no hazardous chemicals were present in amounts exceeding the threshold quantities established under 42 U.S.C. 11022(b) (other than substances stored in underground storage tanks that must be reported under 42 U.S.C. 6991a(a)), a fee of fifty dollars ($50).(b) A facility subject to the fee imposed by this section shall pay this fee as required by section 10 of this chapter.(c) The fee established by this section is not applicable to a facility that is owned or operated by any of the following:(1) The United States government or an agency or instrumentality of the United States government.(2) The state and its agencies.(3) A state educational institution as defined in IC 21-7-13-32.(4) A political subdivision as defined in IC 36-1-2-13.As added by P.L.85-2015, SEC.13. Amended by P.L.10-2017, SEC.1.
IN Code § 13-25-2-10.5 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-10.5. Local Emergency Planning Right to Know Fund

Sec. 10.5. The local emergency planning and right to know fund is established for the purpose of providing each county with funds to help implement SARA (42 U.S.C. 11001 et seq.). The department of state revenue shall administer the fund. The fund consists of:(1) revenue produced by any fee or charge imposed under section 10 or 10.4 of this chapter; and(2) accrued interest and other investment earnings of the fund.Money in the fund does not revert to the state general fund at the end of a state fiscal year.As added by P.L.85-2015, SEC.14.
IN Code § 13-25-2-10.7 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-10.7. Withholding Funding for Noncompliance

Sec. 10.7. (a) The commission may withhold a local emergency planning committee's funding for failure to provide annually to the commission one (1) of the following:(1) The report required under IC 13-25-1-6(b)(4).(2) Proof of published legal notice required under SARA.(3) An updated version of the local emergency planning committee's emergency preparedness plan as required under SARA.(4) A copy of the current bylaws of the local emergency planning committee as required by SARA.(5) Evidence of an exercise of the response plan required under SARA.(6) A roster of the current membership of the local emergency planning committee as required under IC 13-25-1-6(b)(2).(7) Minutes of the local emergency planning committee meetings conducted at least two (2) times, on separate days, every six (6) months as required under IC 13-25-1-6(b)(3).(b) If the commission withholds funding under subsection (a), and notwithstanding section 10.6(a)(1) of this chapter, the commission may use the balance of the withheld funding for purposes of hazardous material training and preparedness.As added by P.L.85-2015, SEC.16.
IN Code § 13-25-2-11 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-11. Fire Department; Access for Onsite Inspection; Notice of Location Information

Sec. 11. Upon the request of the fire department that has jurisdiction over a facility that files an inventory form under section 9 of this chapter, the owner or operator of the facility shall:(1) allow the fire department to conduct an onsite inspection of the facility; and(2) provide to the fire department specific location information on hazardous chemicals at the facility.[Pre-1996 Recodification Citation: 13-7-37-16(m).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-12 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-12. Permission to Withhold Chemical Name and Identity Information

Sec. 12. A person required under section 5(d)(2), 5(d)(3), 8, 9, 10, or 11 of this chapter to submit information to any other person may withhold from the information the specific chemical identity, including the chemical name and other specific identification as provided in 42 U.S.C. 11042 and regulations adopted by the administrator under 42 U.S.C. 11042.[Pre-1996 Recodification Citation: 13-7-37-17.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-14 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-14. Disclosure to General Public

Sec. 14. (a) An emergency response plan, material safety data sheet, list of chemicals described in section 8(b) of this chapter, inventory form, and follow-up emergency notice shall be made available to the general public during normal working hours at the location or locations designated by the commission or local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of sections 9 through 10 of this chapter, the commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 10(a) of this chapter to be contained in an inventory form as tier II information.(b) A local emergency planning committee shall annually publish a notice in local newspapers stating that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section. The notice must:(1) state that follow-up emergency notices may subsequently be issued; and(2) announce that members of the public who desire to review:(A) an emergency response plan;(B) a material safety data sheet;(C) an inventory form; or(D) a follow-up notice;may do so at the location designated under subsection (a).[Pre-1996 Recodification Citation: 13-7-37-19.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-15 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-15. Civil Actions by Persons

Sec. 15. (a) A person may commence a civil action on the person's behalf against the following:(1) An owner or operator of a facility, for failure to do any of the following:(A) Submit a follow-up emergency notice under section 7(d) of this chapter.(B) Submit a material safety data sheet or a list under section 8 of this chapter.(C) Complete and submit an inventory form under section 9 of this chapter containing tier I information as described in section 9 of this chapter unless the requirement does not apply under section 9(b) of this chapter.(2) The commission, for failure to provide a mechanism for public availability of information in accordance with section 14 of this chapter.(3) The commission, for failure to respond to a request for tier II information under section 10 of this chapter not later than one hundred twenty (120) days after the date the request is received.(b) An action under subsection (a) against an owner or operator of a facility must be brought in a court having jurisdiction.(c) A court has jurisdiction in actions brought under subsection (a) against an owner or operator of a facility to:(1) enforce the requirement concerned; and(2) impose any civil penalty provided for violation of the requirement.(d) An action may not be commenced under subsection (a)(1)(A) until at least sixty (60) days after the date the plaintiff gives notice of the alleged violation to the state and the alleged violator. Notice must be given in the manner prescribed by the administrator under regulations adopted under 42 U.S.C. 11001 et seq.(e) An action may not be commenced under subsection (a)(1)(B) or (a)(1)(C) until at least sixty (60) days after the date the plaintiff gives notice to the commission that the plaintiff will commence the action. Notice must be given in a manner prescribed by the administrator under regulations adopted under 42 U.S.C. 11001 et seq.(f) An action may not be commenced under subsection (a) against an owner or operator of a facility if the administrator has commenced and is diligently pursuing an administrative order or a civil action to:(1) enforce the requirement concerned; or(2) impose a civil penalty under 42 U.S.C. 11001 et seq.[Pre-1996 Recodification Citation: 13-7-37-20(a), (d), (e), (f), (g), (h).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-16 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-16. Civil Actions by State or Unit of Local Government

Sec. 16. The state or a unit of local government may commence a civil action against an owner or operator of a facility for failure to do any of the following:(1) Provide notification to the emergency response commission under section 3 of this chapter.(2) Submit a material safety data sheet or a list under section 8 of this chapter.(3) Make available information requested under section 8 of this chapter.(4) Complete and submit an inventory form under section 9 of this chapter containing tier I information unless the requirement does not apply under section 9(b) of this chapter.[Pre-1996 Recodification Citation: 13-7-37-20(b).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-17 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-17. Civil Actions by Commission or Local Emergency Planning Committee

Sec. 17. The commission or a local emergency planning committee may commence a civil action against an owner or operator of a facility for failure to:(1) provide information under section 5(d) of this chapter; or(2) submit tier II information under section 10 of this chapter.[Pre-1996 Recodification Citation: 13-7-37-20(c).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-18 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-18. Costs, Attorney's Fees, and Expert Witness Fees; Enforcement Under Federal or State Law; Intervention

Sec. 18. (a) A court, in issuing a final order in an action brought under section 15, 16, or 17 of this chapter, may award costs of litigation, including reasonable attorney's fees and expert witness fees, to the prevailing or the substantially prevailing party if the court determines that the award is appropriate.(b) Sections 15, 16, and 17 of this chapter do not restrict or expand any right that a person may have under federal or state law to seek enforcement of a requirement or to seek other relief.(c) In an action brought under section 15, 16, or 17 of this chapter, the state, if the state is not a party, may intervene as a matter of right.(d) In an action brought under section 15, 16, or 17 of this chapter, a person may intervene as a matter of right if:(1) the person has a direct interest that is or may be adversely affected by the action; and(2) the disposition of the action may impair or impede the person's ability to protect that interest;unless the state shows that the person's interest is adequately represented by existing parties to the action.[Pre-1996 Recodification Citation: 13-7-37-20(i), (j), (k), (l).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-2-19 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 2. Emergency Planning and Notification|13-25-2-19. Commission's Right of Entry, Inspection, and Copying

Sec. 19. To carry out the responsibilities of the commission, the commission, or an authorized representative or agent of the commission, shall have a right to enter upon, to, or through public or private premises to investigate, copy all records related to hazardous chemicals, and inspect for compliance with the requirements imposed under this chapter.As added by P.L.85-2015, SEC.17.
IN Code § 13-25-4-0.2 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 13-7-8.7-8(c) through IC 13-7-8.7-8(f) (before that section's repeal, now codified at section 8 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991.As added by P.L.220-2011, SEC.288.
IN Code § 13-25-4-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-1. Establishment; Purpose

Sec. 1. (a) The hazardous substances response trust fund is established. The purpose of the fund is to accumulate and maintain a source of money for the following purposes:(1) Financing contracts or cooperative agreements between the state and the President of the United States under Section 104 of CERCLA (42 U.S.C. 9604).(2) Providing state assistance in the form of supplies, materials, services, and equipment to:(A) prevent the release of a hazardous substance or contaminant; or(B) control, contain, isolate, neutralize, remove, store, or dispose of any hazardous substance or contaminant already released into or on the air, land, or waters of Indiana.(3) Financing response actions that are:(A) undertaken or authorized by the commissioner with respect to sites in Indiana; and(B) considered by the commissioner to be necessary to protect the public health or welfare or the environment from the release or threatened release of a hazardous substance or contaminant.(4) Paying expenses related to releases of regulated substances other than petroleum from underground storage tanks under IC 13-23-13-7.(5) Paying administrative and personnel expenses incurred by the state in responding to releases or threats of releases of hazardous substances or contaminants.(6) Paying claims for the reimbursement of necessary response costs incurred by persons that have received preauthorization from the commissioner for reimbursement.(7) Providing grants for household hazardous waste and conditionally exempt small quantity generator waste collection, recycling, or disposal projects under IC 13-20-20.(8) Paying administrative and personnel expenses incurred by the department in implementing and administering household hazardous waste and conditionally exempt small quantity generator waste collection, recycling, or disposal projects under IC 13-20-20.(9) Transferring funds to the Indiana brownfields fund established by IC 5-1.2-12-3.(10) Paying administrative and personnel expenses incurred by the state in evaluating proposed modifications of restrictive covenants under IC 13-14-2-9.(b) Money in the fund at the end of a state fiscal year does not revert to the state general fund.[Pre-1996 Recodification Citation: 13-7-8.7-2.]As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.14; P.L.237-1999, SEC.10; P.L.220-2014, SEC.32; P.L.189-2018, SEC.127.