CHAPTER 6. REIMBURSEMENT FOR HAZARDOUS MATERIALS EMERGENCY ACTION
IC 13-25-6
Chapter 6. Reimbursement for Hazardous Materials Emergency
Action
IC 13-25-6-1
Application of chapter
Sec. 1. This chapter does not apply to an occurrence involving the
release or imminent release of less than twenty-five (25) pounds of
active ingredient of a substance or a combination of substances that
meets all of the following conditions:
(1) Was commercially produced and sold as a fertilizer,
fungicide, herbicide, or pesticide.
(2) Is, at the time of the occurrence, in the possession of an
individual who acquired the substance or combination of
substances with the intent to use the substance for the purpose
intended by the commercial producer:
(A) in a dwelling owned or occupied by the individual;
(B) in the yard adjacent to or surrounding a dwelling owned
or occupied by the individual; or
(C) on a farm owned or operated by the individual.
As added by P.L.1-1996, SEC.15.
IC 13-25-6-2
Reasonable and necessary expenses; emergency response;
reimbursement
Sec. 2. The persons who are responsible parties in connection
with a hazardous materials emergency shall reimburse:
(1) an emergency response agency; or
(2) the governmental entity served by an emergency response
agency;
for reasonable and necessary expenses incurred by the emergency
response agency in taking emergency action at or near the scene of
the hazardous materials emergency.
As added by P.L.1-1996, SEC.15.
IC 13-25-6-3
Reimbursements to fire departments
Sec. 3. (a) Reimbursement is available under this chapter for
expenses, except for expenses of a type that the agency normally
incurs in responding to emergencies that do not involve hazardous
materials, that are incurred in taking emergency action by an
emergency response agency other than a fire department that is
described in subsection (b).
(b) Reimbursement is available under this chapter and
IC 36-8-12.2 for expenses that are incurred in taking emergency
action by a fire department that:
(1) is established under IC 36-8-2-3 or IC 36-8-13-3(a)(1); and
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
As added by P.L.1-1996, SEC.15. Amended by P.L.33-2001, SEC.1.
IC 13-25-6-4
Reimbursement prohibited if expenses reimbursable by federal
government
Sec. 4. Reimbursement for expenses is not available under this
chapter if those expenses may be reimbursed by the federal
government under Section 123 of the Superfund Amendments and
Reauthorization Act of 1986 (42 U.S.C. 9623).
As added by P.L.1-1996, SEC.15.
IC 13-25-6-5
Action for reimbursement
Sec. 5. An emergency response agency or a governmental entity
may obtain reimbursement under this chapter by filing an action for
reimbursement in a court of general jurisdiction of:
(1) a county in which a hazardous materials emergency arose;
or
(2) the county in which the unit that established the fire
department is located, if the emergency response agency is a
fire department that:
(A) is established by a unit under IC 36-8-2-3 or
IC 36-8-13-3(a)(1); and
(B) employs:
(i) both full-time paid members and volunteer members; or
(ii) only full-time paid members.
As added by P.L.1-1996, SEC.15. Amended by P.L.33-2001, SEC.2.