CHAPTER 13. CORRECTIVE ACTIONS
IC 13-22-13
Chapter 13. Corrective Actions
IC 13-22-13-1
Order; civil action by commissioner
Sec. 1. If, on the basis of any information, the commissioner
determines that there is or has been a release of a hazardous waste or
a constituent of a hazardous waste into the environment from a
facility authorized to operate under interim status under Section
3005(e) of the federal Solid Waste Disposal Act (42 U.S.C. 6925(e))
or under IC 13-22-3, the commissioner may:
(1) issue an order requiring corrective action or another
response measure that the commissioner considers necessary to
protect human health or the environment; or
(2) commence a civil action to compel corrective action as
described in subdivision (1).
As added by P.L.1-1996, SEC.12.
IC 13-22-13-2
Restrictions on corrective action
Sec. 2. Under section 1 of this chapter, the commissioner or a
court may order the performance of corrective action beyond the
boundaries of the facility from which the release occurs. However,
the commissioner may not order corrective action beyond the
boundaries of the facility if the owner or operator of the facility
demonstrates to the satisfaction of the commissioner that, despite the
best efforts of the owner or operator, the owner or operator is unable
to obtain the necessary permission to undertake the corrective action.
As added by P.L.1-1996, SEC.12.
IC 13-22-13-3
Contents of order
Sec. 3. An order issued by the commissioner under this chapter:
(1) must state with reasonable specificity the nature of the
corrective action or other response measure required by the
order;
(2) must specify a time for compliance; and
(3) may include a suspension or revocation of authorization for
the facility to operate under interim status.
As added by P.L.1-1996, SEC.12.