CHAPTER 4. HAZARDOUS SUBSTANCES RESPONSE TRUST FUND
IC 13-25-4
Chapter 4. Hazardous Substances Response Trust Fund
IC 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 environmental remediation
revolving loan fund established by IC 13-19-5-2.
(b) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.14;
P.L.237-1999, SEC.10.
IC 13-25-4-2
Sources of fund
Sec. 2. The sources of money for the fund are the following:
(1) Revenue produced by the levy under IC 6-6-6.6.
(2) Any payment to the state or the fund as:
(A) reimbursement for amounts expended by the state in a
response action; or
(B) 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) and penalties paid under
IC 13-23-12-7 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15. Amended by P.L.237-1999,
SEC.11.
IC 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).
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 13-25-4-7
Rules
Sec. 7. The solid waste management 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.
As added by P.L.1-1996, SEC.15.
IC 13-25-4-8
Liability of a person to the state; exceptions; presumptions
concerning releases
Sec. 8. (a) Except as provided in subsection (b), (c), or (d), a
person that is liable under Section 107(a) of CERCLA (42 U.S.C.
9607(a)) for:
(1) the costs of removal or remedial action incurred by the
commissioner consistent with the national contingency plan;
(2) the costs of any health assessment or health effects study
carried out by or on behalf of the commissioner under Section
104(i) of CERCLA (42 U.S.C. 9604(i)); or
(3) damages for:
(A) injury to;
(B) destruction of; or
(C) loss of;
natural resources of Indiana;
is liable, in the same manner and to the same extent, to the state
under this section.
(b) The exceptions provided by Sections 107(b), 107(q), and
107(r) of CERCLA (42 U.S.C. 9607(b), 42 U.S.C. 9607(q), and 42
U.S.C. 9607(r)) to liability otherwise imposed by Section 107(a) of
CERCLA (42 U.S.C. 9607(a)) are equally applicable to any liability
otherwise imposed under subsection (a).
(c) Notwithstanding any liability imposed by the environmental
management laws, a lender, a secured or unsecured creditor, or a
fiduciary is not liable under the environmental management laws, in
connection with the release or threatened release of a hazardous
substance from a facility unless the lender, the fiduciary, or creditor
has participated in the management of the hazardous substance at the
facility.
(d) Notwithstanding any liability imposed by the environmental
management laws, the liability of a fiduciary for a release or
threatened release of a hazardous substance from a facility that is
held by the fiduciary in its fiduciary capacity may be satisfied only
from the assets held by the fiduciary in the same estate or trust as the
facility that gives rise to the liability.
(e) Except as provided in subsection (g), a political subdivision
(as defined in IC 36-1-2-13) or unit of federal or state government is
not liable to the state under this section for costs or damages
associated with the presence of a hazardous substance on, in, or at a
property in which the political subdivision or unit of federal or state
government acquired an interest because of:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24
or IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under
IC 32-24-1-5;
(6) receivership;
(7) transfer from another political subdivision or unit of federal
or state government;
(8) acquiring an area needing redevelopment (as defined in
IC 36-7-1-3) or conducting redevelopment activities,
specifically under IC 36-7-14-22.2, IC 36-7-14-22.5,
IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or
unit of federal or state government involuntarily acquired
ownership or control because of the political subdivision's or
unit's function as sovereign; or
(10) any other means to conduct remedial actions on a
brownfield.
(f) If a transfer of an interest in property as described in
subsection (e) occurs, a person who owned, operated, or otherwise
controlled the property immediately before the political subdivision
or unit of federal or state government acquired the interest in the
property remains liable under this section:
(1) in the same manner; and
(2) to the same extent;
as the person was liable immediately before the person's interest in
the property was acquired by the political subdivision or unit of
federal or state government.
(g) Notwithstanding subsection (e), a political subdivision or unit
of federal or state government that causes or contributes to the
release or threatened release of a hazardous substance on, in, or at a
property remains subject to this section:
(1) in the same manner; and
(2) to the same extent;
as a nongovernmental entity under this section.
(h) Except as provided in subsection (i), a nonprofit corporation
is not liable to the state under this section for costs or damages
associated with the presence of a hazardous substance on, in, or at a
property in which the nonprofit corporation acquired an interest to
assist and support a political subdivision's revitalization and reuse of
a brownfield for noncommercial purposes, including conservation,
preservation, and recreation.
(i) Notwithstanding subsection (h), a nonprofit corporation that
causes or contributes to a release or threatened release of a hazardous
substance on, in, or at a property remains subject to this section:
(1) in the same manner; and
(2) to the same extent;
as any other nongovernmental entity under this section.
(j) A political subdivision or unit of federal or state government
that establishes an exemption or defense under subsection (b) or (e)
may undertake any activity related to:
(1) investigation, removal, or remedial action on a brownfield,
including complying with land use restrictions and institutional
controls; or
(2) monitoring or closure of an underground storage tank;
without being considered as contributing to the existing release or
threatened release of hazardous substances on, in, or at the
brownfield unless existing contamination on the brownfield is
exacerbated due to gross negligence or intentional misconduct by the
political subdivision or unit of federal or state government.
(k) For purposes of subsection (j), reckless, willful, or wanton
misconduct constitutes gross negligence.
As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.15;
P.L.90-1998, SEC.24; P.L.25-2005, SEC.3; P.L.208-2005, SEC.13;
P.L.1-2006, SEC.205; P.L.221-2007, SEC.17.
IC 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.
IC 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.
IC 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).
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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).
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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).
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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 action at a site if the
commissioner determines that the action called for in the agreement
will be performed properly.
(b) An agreement entered into under this section may provide that
the commissioner will:
(1) reimburse one (1) or more parties for certain costs of the
actions that those parties have agreed to perform under the
agreement; or
(2) 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.
As added by P.L.1-1996, SEC.15.
IC 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) If a change of conditions or advancements in science or
technology permit an alteration in the conditions and restrictions
imposed by a restrictive covenant required by this section that would
not increase the potential hazards to human health or to the
environment, the commissioner, upon written request by the owner
of the real property, may authorize the filing of a supplemental
recording recognizing a change in the restrictive covenant in the
office of the county recorder to reflect the change in the conditions
and restrictions.
As added by P.L.1-1996, SEC.15.
IC 13-25-4-25
Annual report on remedial actions
Sec. 25. Before January 1 of each year, the commissioner shall
make a report concerning the progress of remedial actions
commenced under this chapter to the following:
(1) The governor.
(2) The standing committees of the house of representatives and
the senate concerned with the environment.
(3) The board.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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.
As added by P.L.1-1996, SEC.15.
IC 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 Class D
felony.
As added by P.L.137-2007, SEC.29.