reglab/housing_qa huggingface dataset:
IN Code § 13-25-4-23 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-23. Agreements for Removal and Remedial Action

Sec. 23. (a) The commissioner may enter into an agreement with one (1) or more potentially responsible persons concerning removal and remedial action at a site in Indiana. An agreement entered into under this section may call for one (1) or more parties, at the party's own expense, to conduct any response at a site if the commissioner determines that the removal and remedial action called for in the agreement will be performed properly.(b) An agreement entered into under this section may:(1) allow the commissioner to obtain from a potentially responsible person that enters into an agreement under subsection (a) the reimbursement of oversight costs incurred by the department in reviewing the removal and remedial action undertaken by the potentially responsible person; and(2) provide that the commissioner will:(A) reimburse one (1) or more parties for certain costs of the actions that those parties have agreed to perform under the agreement; or(B) perform a part of the response action called for in the agreement.Money from the fund may be used for the reimbursement. An agreement may provide for the commissioner to pay interest on the principal amount to be reimbursed. Money from the fund may be used to pay the interest.(c) The commissioner may not enter into an agreement subject to subsection (b) if, in the commissioner's opinion, there is not a reasonable likelihood of recovering:(1) the amount of the reimbursement agreed to under subsection (b); and(2) other costs incurred by the department in the response action;unless the commissioner determines that the agreement is nonetheless in the public interest.(d) After entering into an agreement that provides for reimbursement under subsection (b), the commissioner shall make every reasonable effort to recover the amount of the reimbursement under section 10 of this chapter from persons other than the parties.(e) An agreement entered into under this section may be established:(1) in an administrative order issued by the commissioner; or(2) by a consent decree entered in an appropriate court.[Pre-1996 Recodification Citation: 13-7-8.7-11(b), (c), (d), (e), (f).]As added by P.L.1-1996, SEC.15. Amended by P.L.49-2015, SEC.4.
IN Code § 13-25-4-24 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-24. Contaminated Property; Restrictive Covenants

Sec. 24. (a) This section applies to real property that is:(1) the site of an existing or former hazardous waste facility that is or was subject to regulation under:(A) IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14; or(B) Subchapter III of the federal Solid Waste Disposal Act (42 U.S.C. 6921 through 6939e); or(2) a site:(A) on which a hazardous substance has been:(i) deposited;(ii) stored; or(iii) disposed of; and(B) that is or was listed on the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) in accordance with Section 116 of CERCLA (42 U.S.C. 9616);if more than an insignificantly small amount of a hazardous substance remains on or beneath the surface of that property after the partial or final closure of a hazardous waste facility located on the property or the completion of a remedial action on the property under CERCLA or this chapter.(b) The owner of real property described in subsection (a) shall execute and record, in the office of the county recorder of the county in which the property is located, a restrictive covenant applying to the property if the commissioner determines that a restrictive covenant meeting the requirements set forth in subsection (c) is necessary to protect the public health or welfare or the environment from unreasonable risk of future exposure to a hazardous substance.(c) A restrictive covenant required under this section must:(1) to the extent feasible, describe:(A) the identity, quantity, and location of every hazardous substance:(i) deposited;(ii) stored;(iii) disposed of; or(iv) placed;on the property; and(B) the extent to which each hazardous substance remains on the property; and(2) incorporate the conditions and restrictions that the commissioner considers necessary to assure that the future use of the property will not disturb the final cover, any liners, or any components of the hazardous substance containment system on the property, or disturb the function of the monitoring system on the property, unless the commissioner finds that the disturbance:(A) is necessary to the proposed use of the property and will not increase the potential hazards to human health or to the environment; or(B) is necessary to mitigate a threat to human health or to the environment.(d) A restrictive covenant required by this section is subject to modification under IC 13-14-2-9.[Pre-1996 Recodification Citation: 13-7-8.7-12.]As added by P.L.1-1996, SEC.15. Amended by P.L.220-2014, SEC.34.
IN Code § 13-25-4-26 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-26. Removal or Remedial Actions; State or Local Permit

Sec. 26. A state or local permit may not be required for the part of a removal or remedial action that is conducted entirely at the site of the release or threatened release of a hazardous substance if the removal or remedial action is selected and carried out in compliance with:(1) this chapter; and(2) IC 13-25-5.[Pre-1996 Recodification Citation: 13-7-8.7-14.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-27 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-27. Action or Claims; Effect of Chapter; Immunity for Liability for Claims or Contributions

Sec. 27. (a) This chapter does not affect an action or a claim, including a claim for contribution, that a person who implements or completes an approved response action has or may have against a third party.(b) A person who implements or completes an approved response action under this chapter may not be held liable for claims or contribution concerning matters addressed in the response action.[Pre-1996 Recodification Citation: 13-7-8.7-15.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-4-28 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 4. Hazardous Substances Response Trust Fund|13-25-4-28. Criminal Penalty for Application Misstatement

Sec. 28. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with an application for financial assistance from the fund commits a Level 6 felony.As added by P.L.137-2007, SEC.29. Amended by P.L.158-2013, SEC.194.
IN Code § 13-25-5-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-1. Intent of Chapter

Sec. 1. (a) This chapter is intended to provide an alternative procedure to assure compliance with the law and to encourage the voluntary remediation of hazardous substances and petroleum.(b) This section does not affect a person's legal obligations set forth in 42 U.S.C. 6901 et seq. regardless of a person's participation in this chapter.[Pre-1996 Recodification Citation: 13-7-8.9-24.]As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.16.
IN Code § 13-25-5-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-2. Application; Confidentiality; Conditions; Fee

Sec. 2. (a) A person who desires to participate in the voluntary remediation program under this chapter must submit an application and a fee to the department as described under subsection (c).(b) Except as provided under section 5(c) of this chapter, any information submitted to the division of the department responsible for reviewing and making determinations on applications under this chapter is confidential between the applicant and the department until the applicant and the commissioner sign a voluntary remediation agreement.(c) An application submitted under this section must meet the following conditions:(1) Be on a form provided by the department.(2) Contain the following:(A) General information concerning:(i) the person;(ii) the site; and(iii) other background information;as requested by the department.(B) An environmental assessment of the actual or threatened release of the hazardous substance or petroleum at the site.(3) Be accompanied by an application fee of one thousand dollars ($1,000). However, a political subdivision is not required to submit an application fee under this section.(d) A fee collected under this section shall be deposited in the voluntary remediation fund established by section 21 of this chapter.[Pre-1996 Recodification Citation: 13-7-8.9-7.]As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.17.
IN Code § 13-25-5-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-3. Environmental Assessment; Contents

Sec. 3. An environmental assessment described under section 2(c)(2)(B) of this chapter must include the following:(1) A legal description of the site.(2) The physical characteristics of the site.(3) The operational history of the site to the extent the history is known by the applicant.(4) Information that the applicant is aware of concerning:(A) the nature and extent of any relevant contamination; and(B) relevant releases;at the site and immediately contiguous to the site.(5) Relevant information the applicant is aware of concerning the potential for human exposure to contamination at the site.[Pre-1996 Recodification Citation: 13-7-8.9-8.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-5-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-4. Determination of Applicant Eligibility

Sec. 4. Not more than thirty (30) days after receiving:(1) an application; and(2) an application fee;under section 2 of this chapter, the department shall determine if the applicant is eligible to participate in the voluntary remediation program under this chapter.[Pre-1996 Recodification Citation: 13-7-8.9-9.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-5-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-5. Rejection of Application; Reasons; Completeness; List of Information; Department Duties

Sec. 5. (a) The department may reject an application submitted under section 2 of this chapter only for one (1) or more of the following reasons:(1) A state or federal enforcement action that concerns the remediation of the hazardous substance or petroleum described in the application is pending.(2) A federal grant requires an enforcement action at the site.(3) The condition of the hazardous substance or petroleum described in the application constitutes an imminent and substantial threat to human health or the environment.(4) The application is not complete.(b) If an application is rejected under subsection (a)(4), the department, not more than forty-five (45) days after the department receives the application, shall provide the applicant with a list of all information needed to make the application complete. If the department fails to comply with this subsection, the application shall be considered completed for the purposes of this chapter.(c) If the department rejects an application, the department shall do the following:(1) As described under IC 4-21.5-3-4(b) and IC 4-21.5-3-4(c), notify the applicant that the department rejected the application.(2) Explain the reason the department rejected the application.[Pre-1996 Recodification Citation: 13-7-8.9-10.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-5-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-6. Rejection of Application; Appeal; Submission of Completed Application; Refund

Sec. 6. (a) If an applicant's application is rejected under section 5 of this chapter, the applicant may do the following:(1) Appeal the department's decision under IC 4-21.5.(2) If the application is rejected because the application is not complete, submit a completed application without submitting an additional application fee.(b) If an applicant's application is rejected and the applicant:(1) does not appeal the rejection; or(2) loses an appeal concerning the rejection;the department shall refund the unexpended part of the applicant's application fee.[Pre-1996 Recodification Citation: 13-7-8.9-11.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-5-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-7. Voluntary Remediation Investigation Plan; Voluntary Remediation Work Plan; Contents

Sec. 7. (a) If the department determines an application is eligible under section 4 of this chapter, the applicant may submit:(1) a proposed voluntary remediation investigation plan to the department;(2) a proposed voluntary remediation work plan to the department; or(3) a voluntary remediation work plan for a completed remediation project to the department.(b) A proposed voluntary remediation work plan must include the following:(1) Detailed documentation of the investigation conducted by the applicant in preparing the proposed voluntary remediation work plan and a description of the work to be performed by the applicant to determine the nature and extent of the actual or threatened release.(2) A proposed statement of work to accomplish the remediation in accordance with guidelines established by the department.(3) Plans concerning the following:(A) Quality assurance for the implementation of the proposed remediation project.(B) Descriptions of sampling and analysis.(C) Health and safety considerations.(D) Community relations and community comment in planning, cleanup objectives, and implementation processes.(E) Data management and record keeping.(F) A proposed schedule concerning the implementation of all tasks set forth in the proposed statement of work.(c) A voluntary remediation work plan for a completed remediation project must include the following:(1) Detailed documentation of the investigation conducted by the applicant in preparing the proposed voluntary remediation work plan and a description of the work performed by the applicant to determine the nature and extent of the actual or threatened release.(2) A statement of work performed to accomplish the remediation in accordance with rules or guidelines established by the department.(3) Plans concerning the following:(A) Quality assurance for the implementation of and, if appropriate, plans for future oversight of the remediation project.(B) Descriptions of sampling and analysis conducted before and after the remediation is performed.(C) Health and safety considerations.(D) Community comment.(E) Data management and record keeping.(F) Criteria used to determine remediation levels and remediation methodology.(4) Other information the department determines is necessary to evaluate the work plan and determine if the remediation objectives have been achieved.[Pre-1996 Recodification Citation: 13-7-8.9-12.]As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.18.
IN Code § 13-25-5-8 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-8. Voluntary Remediation Agreement; Contents; Failure to Reach Accord Within Reasonable Time After Good Faith Negotiations

Sec. 8. (a) Before the department evaluates a proposed voluntary remediation work plan, the applicant who submitted the work plan and the commissioner must enter into a voluntary remediation agreement that sets forth the terms and conditions of the evaluation and the implementation of the work plan. A voluntary remediation agreement must include the following:(1) Provisions for the following:(A) A requirement that the department provide the applicant with an itemized list of estimated costs the department may incur under this chapter.(B) The recovery of all reasonable costs that:(i) are incurred by the department in the review and oversight of the work plan;(ii) are attributable to the voluntary remediation agreement; and(iii) exceed the fee submitted by the applicant under section 2 of this chapter.(C) A schedule of payments to be made by the applicant to the department to recover the costs to the department.(2) A mechanism to resolve disputes arising from the evaluation, analysis, and oversight of the implementation of the work plan, including any of the following:(A) Arbitration.(B) Adjudication under IC 4-21.5.(C) A dispute resolution procedure provided under the Indiana Rules of Court.(3) A provision concerning the indemnification of the parties.(4) A provision concerning retention of records.(5) A timetable for the department to do the following:(A) Reasonably review and evaluate the adequacy of the work plan.(B) Make a determination concerning the approval or rejection of the work plan.(6) A provision concerning applicable interagency coordination.(7) A provision specifying the proposed remediation objectives to be achieved on the site, as described in section 8.5 of this chapter.(8) The requirement that the applicant submit to the department a proposed voluntary remediation work plan:(A) not later than one hundred eighty (180) days after the date the voluntary remediation agreement is signed; or(B) after a longer period if the extension is agreed to by the department and the applicant.(9) Any other conditions considered necessary by the commissioner or the applicant concerning the effective and efficient implementation of this chapter.(b) If an agreement is not reached between an applicant and the commissioner within a reasonable time after good faith negotiations have begun between the applicant and the commissioner:(1) the applicant or the commissioner may withdraw from the negotiations; and(2) the department shall refund the unexpended part of the applicant's application fee.[Pre-1996 Recodification Citation: 13-7-8.9-13.]As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.19.
IN Code § 13-25-5-9 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-9. Review and Evaluation; Additional or Corrected Information

Sec. 9. (a) After the commissioner and an applicant have signed a voluntary remediation agreement described under section 8 of this chapter, the department or a person under contract with the department shall do the following:(1) Review and evaluate the site and the affected area surrounding the site.(2) Review and evaluate the documentation of the investigation and feasibility study conducted by the applicant or the applicant's representative for accuracy and thoroughness.(3) Review and evaluate the proposed voluntary remediation work plan for quality, efficiency, and safety based on guidelines established by the department.(4) Make a recommendation to the commissioner concerning whether the commissioner should:(A) approve;(B) modify and approve; or(C) reject;the proposed voluntary remediation work plan.(b) At any time during the evaluation of a proposed voluntary remediation work plan, the commissioner or the department may request that an applicant submit additional or corrected information to the department. An applicant may:(1) comply with the request; or(2) withdraw the applicant's proposed voluntary remediation work plan from consideration.[Pre-1996 Recodification Citation: 13-7-8.9-14.]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-5-10 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-10. Voluntary Remediation Work Plan; Approval, Modification, or Rejection

Sec. 10. Subject to section 11 of this chapter, after receiving a recommendation under section 9 of this chapter, the commissioner shall:(1) approve;(2) modify and approve; or(3) reject;the proposed voluntary remediation work plan.[Pre-1996 Recodification Citation: 13-7-8.9-15(a).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-5-11 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-11. Voluntary Remediation Work Plan; Placement in Public Library; Notice; Comment Period; Hearing

Sec. 11. (a) Before the commissioner approves or rejects a proposed voluntary remediation work plan under section 10 of this chapter, the commissioner must:(1) notify local government units located in a county affected by the proposed voluntary remediation work plan of the work plan;(2) provide that a copy of the proposed voluntary remediation work plan be placed in at least one (1) public library in a county affected by the work plan; and(3) publish a notice requesting comments concerning the proposed voluntary remediation work plan.(b) A comment period of at least thirty (30) days must follow publication of a notice under this section. During a comment period, interested persons may do the following:(1) Submit written comments to the commissioner concerning the proposed voluntary remediation work plan.(2) Request a public hearing concerning the proposed voluntary remediation work plan.(c) If the commissioner receives at least one (1) written request, the commissioner may hold a public hearing in the geographical area affected by the proposed voluntary remediation work plan on the question of whether to approve or reject the work plan. The commissioner shall consider all written comments and public testimony.[Pre-1996 Recodification Citation: 13-7-8.9-15(b).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-5-12 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-12. Voluntary Remediation Work Plan; Rejection; Notice; Appeal

Sec. 12. If the commissioner rejects a proposed voluntary remediation work plan under section 10 of this chapter:(1) the commissioner shall, under applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), notify the applicant and specify the reasons for rejecting the work plan; and(2) the applicant may appeal the commissioner's decision under IC 4-21.5.[Pre-1996 Recodification Citation: 13-7-8.9-15(c).]As added by P.L.1-1996, SEC.15.
IN Code § 13-25-5-13 (2021)
2021 Indiana Code|Title 13. Environment|Article 25. Hazardous Substances|Chapter 5. Voluntary Remediation of Hazardous Substances and Petroleum|13-25-5-13. Voluntary Remediation Work Plan; Approval or Modification; Notice

Sec. 13. If the commissioner approves or modifies and approves a proposed voluntary remediation work plan under this chapter, the commissioner shall notify the applicant in writing, under the applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), of the following:(1) That the voluntary remediation work plan has been approved or modified and approved.(2) The date:(A) the applicant may begin implementing the work plan; and(B) by which the work plan must be completed.(3) The applicant's right to appeal the commissioner's decision under IC 4-21.5.[Pre-1996 Recodification Citation: 13-7-8.9-15(d).]As added by P.L.1-1996, SEC.15.