reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 4. Hazardous Substances Response Trust Fund › 13-25-4-25. Repealed

[Pre-1996 Recodification Citation: 13-7-8.7-13.]
As added by P.L.1-1996, SEC.15. Repealed by P.L.130-2018, SEC.71.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.