reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 16. Notice of Release, Spill, or Overfill › 13-23-16-2. Reporting of Releases and Spills to County Health Officer

Sec. 2. If the department receives a report concerning:
(1) the discovery of released regulated substances at an underground storage tank or aboveground storage tank site or in the surrounding area under 329 IAC 9-4-1(1); or
(2) a spill or overfill under 329 IAC 9-4-4(a);
the department shall, not more than seven (7) days after receiving the report, provide notice of the release, spill, or overfill to the county health officer of each county in which the release, spill, or overfill occurred.
As added by P.L.221-2007, SEC.16. Amended by P.L.176-2023, SEC.65.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 16. Notice of Release, Spill, or Overfill › 13-23-16-3. Notice of Release of Spill by County Health Officer

Sec. 3. Not more than seven (7) days after receiving a notice from the department under section 2 of this chapter, a county health officer shall do the following:
(1) Publish notice of the release, spill, or overfill in a newspaper of general circulation in the county health officer's county.
(2) Provide any other notice of the release, spill, or overfill the county health officer considers necessary or appropriate.
As added by P.L.221-2007, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 16. Notice of Release, Spill, or Overfill › 13-23-16-4. Information Required in Notice

Sec. 4. Notice provided by a county health officer under section 3 of this chapter must include:
(1) the same information reported to the department under 329 IAC 9-4-1(1) or 329 IAC 9-4-4(a); and
(2) any other information the county health officer considers necessary or appropriate.
As added by P.L.221-2007, SEC.16.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-1. Removal or Remedial Actions; Resolution of Disputes

Sec. 1. (a) The commissioner may issue an order under:
(1) IC 13-14-2-7;
(2) IC 4-21.5-4; or
(3) IC 4-21.5-3-6;
to require an owner or operator or a responsible person to undertake removal or remedial action with respect to a release of petroleum at a petroleum facility.
(b) If the commissioner determines that the removal or remedial action will be done properly and promptly by the owner, operator, or responsible person, the commissioner may enter into an agreed order with the owner, operator, or responsible person to implement necessary removal or remedial action.
(c) If the commissioner and the owner or operator or the responsible party fail to agree on the appropriate and necessary removal or remedial action to be taken, the dispute shall be resolved under IC 4-21.5.
[Pre-1996 Recodification Citation: 13-7-20.1-8(a).]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-2. Conditions for Actions; Priorities; Emergencies

Sec. 2. (a) Except as provided in subsection (c), the commissioner may undertake removal or remedial action with respect to a release of petroleum at a petroleum facility if:
(1) the action is necessary, in the judgment of the commissioner, to protect human health and the environment; and
(2) a person cannot be found not later than ninety (90) days after the suspected or confirmed release is identified who is:
(A) an owner or operator of the petroleum facility or a responsible person; and
(B) capable of properly carrying out removal or remedial action with respect to the release.
(b) In undertaking removal or remedial action under subsection (a), the commissioner shall give priority to releases of petroleum from a petroleum facility that pose the greatest threat to human health and the environment.
(c) The commissioner may undertake or require removal or remedial action with respect to a release of petroleum into the environment if it is determined that an emergency exists under IC 4-21.5-4.
[Pre-1996 Recodification Citation: 13-7-20.1-8(b), (c), (e).]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-3. Exposure Assessments

Sec. 3. (a) Remedial action undertaken or required under section 1 or 2 of this chapter may include an exposure assessment.
(b) The cost of:
(1) an exposure assessment;
(2) a removal; or
(3) a remedial action;
undertaken under section 2 of this chapter may be recovered under section 4 of this chapter.
[Pre-1996 Recodification Citation: 13-7-20.1-8(d).]
As added by P.L.1-1996, SEC.14. Amended by P.L.2-1998, SEC.58.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-4. Liability for Response or Remedial Action Costs; Recovery From Other Responsible Persons of Costs Paid to State; Deposit of Funds Recovered; Removal or Remedial Action Costs; Administrative Costs

Sec. 4. (a) Except where an owner or operator can prove that a release from a petroleum facility was caused by:
(1) an act of God;
(2) an act of war;
(3) negligence on the part of a local government, the state government, or the federal government;
(4) except as provided in subsection (b), an act or omission of a responsible person; or
(5) a combination of the causes set forth in subdivisions (1) through (4);
the owner or operator is liable to the state for the reasonable costs of any response or remedial action taken under section 2 of this chapter involving the petroleum facility. A responsible person is liable to the state for the reasonable costs of any response or remedial action taken under section 2 of this chapter involving the petroleum facility.
(b) The owner, operator, or responsible person is entitled to all rights of the state to recover from another responsible person all or a part of the costs described in subsection (a) incurred or paid to the state by the owner, operator, or responsible person in an action brought in a circuit or superior court with jurisdiction in the county in which the release occurred.
(c) Money recovered by the state under this section in connection with a removal or remedial action undertaken with respect to a release of petroleum shall be deposited in the hazardous substances response trust fund.
(d) The state may recover removal or remedial action costs under this section as follows:
(1) Commence an action under IC 13-14-2-6 or IC 13-14-2-7.
(2) Impose a lien under IC 13-25-4-11 on the property on which the removal or the remedial action was undertaken.
(e) In an administrative action brought under this chapter, an environmental law judge shall apportion the costs of a response or a remedial action in proportion to each party's responsibility for a release.
[Pre-1996 Recodification Citation: 13-7-20.1-9.]
As added by P.L.1-1996, SEC.14. Amended by P.L.25-1997, SEC.17.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-5. Agreements to Indemnify, Hold Harmless, or Insure; Subrogation

Sec. 5. (a) An indemnification agreement, hold harmless agreement, or similar agreement or conveyance is not effective to transfer the liability imposed under section 4 of this chapter from:
(1) the owner or operator of a petroleum facility; or
(2) a person who may be liable for a release or threatened release under this chapter;
to another person. However, this subsection does not bar an agreement to insure, hold harmless, or indemnify a party to an agreement for any liability under this chapter.
(b) This section does not bar a cause of action that:
(1) an owner or operator;
(2) a responsible party; or
(3) another person subject to liability under this chapter;
has or would have, by reason of subrogation or otherwise, against any person.
[Pre-1996 Recodification Citation: 13-7-20.1-10.]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-6. Enforcement; Testing; Facility Site Right of Entry; Inspection; Reasonable Promptness

Sec. 6. (a) To allow the commissioner to take or to assess the need for removal or remedial action under section 1, 2, or 3 of this chapter or to enforce this chapter, an owner, an operator, or a responsible party of a facility, upon the request of an officer, an employee, or a designated representative of the department, shall:
(1) furnish information relating to the facility or the facility's associated equipment or contents;
(2) conduct testing of the facility or the facility's associated equipment or contents;
(3) conduct testing of:
(A) soils;
(B) air;
(C) surface water; or
(D) ground water;
surrounding the facility if the testing, using methods that are similar to but do not exceed federal standards, confirms a release of petroleum, or if other evidence exists that gives cause for reasonable suspicion that a release has occurred;
(4) allow, at reasonable times, the officer, employee, or designated representative to have access to and to copy records that relate to the release at the facility; and
(5) allow the officer, employee, or designated representative to have access for response, removal, or remedial action under section 2 of this chapter.
(b) For the reasons described under subsection (a), an officer, an employee, or a designated representative of the department may enter, at reasonable times, a site where a facility is located or where petroleum may be present because of a release from a facility to do the following:
(1) Inspect and obtain samples of petroleum contained in the facility from any person.
(2) Conduct testing of:
(A) the facility;
(B) the facility's associated equipment or contents; or
(C) surrounding:
(i) soils;
(ii) air;
(iii) surface water; or
(iv) ground water.
(3) Take removal or remedial action under section 2 of this chapter.
(c) An action authorized under this section shall be commenced and completed with reasonable promptness.
[Pre-1996 Recodification Citation: 13-7-20.1-11.]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-7. Use of Funds; Petroleum Facility Expenses

Sec. 7. The commissioner may use money in the hazardous substances response trust fund to pay the following expenses associated with petroleum facilities:
(1) Expenses incurred by the state for:
(A) a removal or remedial action that is ordered or undertaken under section 2 of this chapter; and
(B) enforcement of this chapter.
(2) Expenses incurred by the state under section 4 of this chapter in recovering the costs of a removal or remedial action.
(3) Administrative expenses and personnel expenses incurred by the state in carrying out this chapter.
[Pre-1996 Recodification Citation: 13-7-20.1-12.]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-8. Application of Ic 4-21.5 to Determinations, Notices, Hearings, and Appeal Determinations

Sec. 8. IC 4-21.5 applies to:
(1) determinations;
(2) notices;
(3) hearings; and
(4) appeal determinations;
under this chapter.
[Pre-1996 Recodification Citation: 13-7-20.1-13.]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-9. Repealed

[Pre-1996 Recodification Citation: 13-7-20.1-14(c), (d).]
As added by P.L.1-1996, SEC.14. Repealed by P.L.90-1998, SEC.27.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-10. Lenders Considered to Participate in Management

Sec. 10. A person that is a lender and that holds evidence of ownership primarily to protect a security interest in a petroleum facility may be considered to participate in the management (as defined in IC 13-11-2-151.3) of the petroleum at the petroleum facility only if, while the borrower is still in possession of the petroleum facility encumbered by the security interest, the person:
(1) exercises decision making control over the environmental compliance related to the petroleum facility such that the person has undertaken responsibility for the petroleum handling or disposal practices related to the petroleum facility; or
(2) exercises control at a level comparable to that of a manager of the petroleum facility such that the person has assumed or manifested responsibility:
(A) for the overall management of the petroleum 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 petroleum facility other than the function of environmental compliance.
As added by P.L.90-1998, SEC.22.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 1. Petroleum Releases › 13-24-1-11. Limits on Liability of Fiduciaries

Sec. 11. (a) The liability of a fiduciary under this title for the release or threatened release of petroleum at, from, or in connection with a petroleum 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:
(1) the person's ownership of the petroleum facility as a fiduciary; or
(2) actions taken in a fiduciary capacity.
(c) Subsections (a) and (d) do not limit the liability pertaining to a release or threatened release of petroleum 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 petroleum 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 petroleum 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.23.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 2. Immunity for Oil Discharge Response Assistance › 13-24-2-1. Applicability of Chapter

Sec. 1. This chapter does not apply to any of the following:
(1) A discharge or a threatened discharge that is not:
(A) into;
(B) on; or
(C) threatening to enter;
the navigable waters of Indiana.
(2) A person who, in providing response assistance, is grossly negligent or engages in willful or wanton misconduct.
(3) Personal injury or wrongful death.
[Pre-1996 Recodification Citation: 13-7-12-4(a).]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 2. Immunity for Oil Discharge Response Assistance › 13-24-2-2. Liability for Oil Discharge Response Assistance

Sec. 2. Notwithstanding any other law, except as provided in section 3 of this chapter and subject to section 4 of this chapter, a person is immune from liability under Indiana law for:
(1) removal costs incurred; or
(2) damage caused;
as a result of an act committed or omission made in the course of providing oil discharge response assistance.
[Pre-1996 Recodification Citation: 13-7-12-4(i).]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 2. Immunity for Oil Discharge Response Assistance › 13-24-2-3. Liability for Original Discharge

Sec. 3. This chapter does not affect or impair:
(1) a cause of action against; or
(2) the liability of;
any responsible party for the original discharge. The responsible party remains liable for any and all damage arising from the discharge, including damage arising from improperly provided response assistance, as otherwise provided by law.
[Pre-1996 Recodification Citation: 13-7-12-4(j).]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 24. Petroleum › Chapter 2. Immunity for Oil Discharge Response Assistance › 13-24-2-4. Liability for Oil Discharge Response Assistance; Liability for Removal Costs or Damage

Sec. 4. A party who is a responsible party with respect to an oil discharge is, in the absence of a defense to liability for the removal costs or damage arising from the discharge, liable for removal costs or damage caused by a person who is immune from liability under section 2 of this chapter.
[Pre-1996 Recodification Citation: 13-7-12-4(k).]
As added by P.L.1-1996, SEC.14.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 1. Indiana Emergency Response Commission › 13-25-1-2. Members

Sec. 2. (a) The commission consists of the following thirteen (13) members:
(1) The commissioner or the commissioner's designee.
(2) The executive director of the department of homeland security or the executive director's designee.
(3) The superintendent of the state police department or the superintendent's designee.
(4) The state fire marshal or the state fire marshal's designee.
(5) Three (3) representatives of business and industry.
(6) Three (3) representatives of the public.
(7) Three (3) representatives of local government.
(b) The governor shall appoint the members provided for in subsection (a)(5) through (a)(7). A member appointed under this subsection serves at the pleasure of the governor.
[Pre-1996 Recodification Citation: 13-7-36-3.]
As added by P.L.1-1996, SEC.15. Amended by P.L.1-2006, SEC.204.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 1. Indiana Emergency Response Commission › 13-25-1-2.5. Emergency Response Commission Membership Not a Lucrative Office

Sec. 2.5. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, membership on the commission is not a lucrative office.
As added by P.L.68-2016, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 1. Indiana Emergency Response Commission › 13-25-1-3. Compensation

Sec. 3. (a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).
(b) Each member of the commission is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
[Pre-1996 Recodification Citation: 13-7-36-4.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 1. Indiana Emergency Response Commission › 13-25-1-4. Officers

Sec. 4. The governor shall appoint:
(1) a chairman; and
(2) a vice chairman;
of the commission from among the members of the commission.
[Pre-1996 Recodification Citation: 13-7-36-5.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 1. Indiana Emergency Response Commission › 13-25-1-5. Meetings; Quorum

Sec. 5. (a) The commission shall meet as follows:
(1) At least one (1) time every three (3) months.
(2) At the call of the chairman.
(b) A majority of the members constitutes a quorum for the authority to conduct business.
[Pre-1996 Recodification Citation: 13-7-36-6.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 1. Indiana Emergency Response Commission › 13-25-1-7. Assistance From Public or Private Sources; Implementation of Chapter

Sec. 7. The commission may receive:
(1) appropriations;
(2) grants;
(3) donations;
(4) equipment;
(5) supplies; and
(6) services;
from a public or a private source to assist the commission in implementing this chapter.
[Pre-1996 Recodification Citation: 13-7-36-8.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 2. Emergency Planning and Notification › 13-25-2-1. Applicability of Chapter

Sec. 1. Except as provided in sections 6 and 7 of this chapter, this chapter does not apply to:
(1) the transportation; or
(2) storage incident to transportation;
of any substance or chemical subject to this chapter, including the transportation and distribution of natural gas.
[Pre-1996 Recodification Citation: 13-7-37-21.]
As added by P.L.1-1996, SEC.15. Amended by P.L.63-1996, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 2. Emergency Planning and Notification › 13-25-2-2. Applicability of Chapter; Designation of Additional Facilities

Sec. 2. (a) A substance is subject to this chapter if the substance is on the list published under 42 U.S.C. 11002(a)(2).
(b) Except as provided in section 6 of this chapter, a facility is subject to this chapter if a substance on the list referred to in subsection (a) is present at the facility in an amount that exceeds the threshold planning quantity established for the substance.
(c) For purposes of emergency planning, the Indiana emergency response commission may designate additional facilities that are subject to this chapter if the designation is made after public notice and opportunity for comment. The commission shall notify a facility affected by a designation under this section.
[Pre-1996 Recodification Citation: 13-7-37-9.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 2. Emergency Planning and Notification › 13-25-2-3. Notice That Facility Is Subject to Requirements of Chapter

Sec. 3. (a) The owner or operator of a facility subject to this chapter shall notify the commission that the facility is subject to this chapter.
(b) If:
(1) a substance on the list of substances referred to in section 2(a) of this chapter becomes present at a facility in an amount that exceeds the threshold planning quantity established for the substance; or
(2) there is a revision of the list referred to in section 2(a) of this chapter and the facility has present a substance on the revised list that exceeds the threshold planning quantity established for the substance;
the owner or operator of the facility shall notify the commission and the appropriate local emergency planning committee that the facility is subject to this chapter not later than sixty (60) days after the acquisition of the substance or the revision of the list.
[Pre-1996 Recodification Citation: 13-7-37-10.]
As added by P.L.1-1996, SEC.15.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 2. Emergency Planning and Notification › 13-25-2-4. Notice to Administrator

Sec. 4. The commission shall notify the administrator of the facilities subject to this chapter by notifying the administrator of:
(1) each notification received from a facility under section 3 of this chapter; and
(2) each facility designated by the commission under section 2(c) of this chapter.
[Pre-1996 Recodification Citation: 13-7-37-11.]
As added by P.L.1-1996, SEC.15.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 25. Hazardous Substances › Chapter 3. Repealed

[Pre-1996 Recodification Citations:
13-25-3-1formerly 13-7-22.5-9.513-25-3-2formerly 13-7-22.5-1013-25-3-3formerly 13-7-22.5-1113-25-3-4formerly 13-7-22.5-1213-25-3-5formerly 13-7-22.5-1313-25-3-6formerly 13-7-22.5-1413-25-3-7formerly 13-7-22.5-1513-25-3-8formerly 13-7-22.5-1613-25-3-9formerly 13-7-22.5-2213-25-3-10formerly 13-7-22.5-1713-25-3-11formerly 13-7-22.5-1813-25-3-12formerly 13-7-22.5-1913-25-3-13formerly 13-7-22.5-19.513-25-3-14formerly 13-7-22.5-2013-25-3-15formerly 13-7-22.5-21.]
Repealed by P.L.113-2014, SEC.81.
2023 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.