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 isestablished. The purpose of the fund is to accumulate and maintaina source of money for the following purposes:
(1) Financing contracts or cooperative agreements between thestate and the President of the United States under Section 104of 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 orcontaminant; or
(B) control, contain, isolate, neutralize, remove, store, ordispose of any hazardous substance or contaminant alreadyreleased into or on the air, land, or waters of Indiana.
(3) Financing response actions that are:
(A) undertaken or authorized by the commissioner withrespect to sites in Indiana; and
(B) considered by the commissioner to be necessary toprotect the public health or welfare or the environment fromthe release or threatened release of a hazardous substance orcontaminant.
(4) Paying expenses related to releases of regulated substancesother than petroleum from underground storage tanks underIC 13-23-13-7.
(5) Paying administrative and personnel expenses incurred bythe state in responding to releases or threats of releases ofhazardous substances or contaminants.
(6) Paying claims for the reimbursement of necessary responsecosts incurred by persons that have received preauthorizationfrom the commissioner for reimbursement.
(7) Providing grants for household hazardous waste andconditionally exempt small quantity generator waste collection,recycling, or disposal projects under IC 13-20-20.
(8) Paying administrative and personnel expenses incurred bythe department in implementing and administering householdhazardous waste and conditionally exempt small quantitygenerator waste collection, recycling, or disposal projects underIC 13-20-20.
(9) Transferring funds to the environmental remediationrevolving loan fund established by IC 13-19-5-2.
(b) Money in the fund at the end of a state fiscal year does notrevert 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 aresponse action; or
(B) a settlement or judgment stemming from a lawsuit by thestate or federal government to recover amounts expended bythe state in a response action, including recoveries undersection 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 underIC 13-23-12-7 by owners and operators of underground storagetanks used to contain regulated substances other than petroleum.
(5) Appropriations made by the general assembly and gifts anddonations from private and public entities intended for depositin the fund.
(6) Grants and other payments made by the United Statesgovernment under:
(A) the federal Solid Waste Disposal Act (42 U.S.C. 6901 etseq.) in relation to regulated substances other thanpetroleum; or
(B) CERCLA.
(7) Money received from responsible parties under agreementsunder section 23 of this chapter for response actions at specificsites.
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 ofthe 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 andpersonnel expenses from the fund.
(2) Submit the budget to the budget committee in accordancewith IC 4-12-1.
(b) The general assembly must appropriate the money in the fundto be used for administrative and personnel expenses beforeexpenditure of the money. The commissioner shall order all otherexpenditures from the fund with the approval of the governor and thebudget 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 andpersonnel 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 hazardoussubstances.
(2) If necessary to ascertain facts not available at the site orfacility where the hazardous substances are located, a personthat generates, transports, or otherwise handles or has handledhazardous substances.
(b) To assist in determining the need for corrective action underIC 13-22-13 or removal or remedial action under this chapter inconnection with a hazardous substance, a person described insubsection (a) shall:
(1) upon request of an officer, an employee, or a designatedagent of the department, furnish information relating to thehazardous substances referred to in subsection (a)(1) or (a)(2);and
(2) permit the officer, the employee, or the designated agent ofthe department at any reasonable time to have access to and tocopy all records relating to the hazardous substances referred toin 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 forcorrective action under IC 13-22-13 or removal or remedial action inconnection 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 environmentalmedia.
(b) Each inspection under subsection (a)(2) must be commencedand completed with reasonable promptness. If the officer, theemployee, or the representative of the department conducting theinspection obtains any samples, before leaving the premises theofficer, 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 equalin volume of weight to the portion retained.
(c) If an analysis is made of samples obtained in an inspectionunder subsection (a)(2), a copy of the results of the analysis shall befurnished promptly to the owner, the operator, or the person incharge 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 rulesestablishing criteria for determining the commissioner's priorities inselecting hazardous substance response sites. Until these rules havebeen adopted, the commissioner shall give priority to those sitespresenting 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; presumptionsconcerning releases
Sec. 8. (a) Except as provided in subsection (b), (c), or (d), aperson 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 thecommissioner consistent with the national contingency plan;
(2) the costs of any health assessment or health effects studycarried out by or on behalf of the commissioner under Section104(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 stateunder this section.
(b) The exceptions provided by Sections 107(b), 107(q), and107(r) of CERCLA (42 U.S.C. 9607(b), 42 U.S.C. 9607(q), and 42U.S.C. 9607(r)) to liability otherwise imposed by Section 107(a) ofCERCLA (42 U.S.C. 9607(a)) are equally applicable to any liabilityotherwise imposed under subsection (a).
(c) Notwithstanding any liability imposed by the environmentalmanagement laws, a lender, a secured or unsecured creditor, or afiduciary is not liable under the environmental management laws, inconnection with the release or threatened release of a hazardoussubstance from a facility unless the lender, the fiduciary, or creditorhas participated in the management of the hazardous substance at thefacility.
(d) Notwithstanding any liability imposed by the environmentalmanagement laws, the liability of a fiduciary for a release or
threatened release of a hazardous substance from a facility that isheld by the fiduciary in its fiduciary capacity may be satisfied onlyfrom the assets held by the fiduciary in the same estate or trust as thefacility 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 isnot liable to the state under this section for costs or damagesassociated with the presence of a hazardous substance on, in, or at aproperty in which the political subdivision or unit of federal or stategovernment acquired an interest because of:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24or IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase ofproperty once an offer to purchase has been tendered underIC 32-24-1-5;
(6) receivership;
(7) transfer from another political subdivision or unit of federalor state government;
(8) acquiring an area needing redevelopment (as defined inIC 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 orunit of federal or state government involuntarily acquiredownership or control because of the political subdivision's orunit's function as sovereign; or
(10) any other means to conduct remedial actions on abrownfield.
(f) If a transfer of an interest in property as described insubsection (e) occurs, a person who owned, operated, or otherwisecontrolled the property immediately before the political subdivisionor unit of federal or state government acquired the interest in theproperty 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 inthe property was acquired by the political subdivision or unit offederal or state government.
(g) Notwithstanding subsection (e), a political subdivision or unitof federal or state government that causes or contributes to therelease or threatened release of a hazardous substance on, in, or at aproperty 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 corporationis not liable to the state under this section for costs or damages
associated with the presence of a hazardous substance on, in, or at aproperty in which the nonprofit corporation acquired an interest toassist and support a political subdivision's revitalization and reuse ofa brownfield for noncommercial purposes, including conservation,preservation, and recreation.
(i) Notwithstanding subsection (h), a nonprofit corporation thatcauses or contributes to a release or threatened release of a hazardoussubstance 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 governmentthat 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 institutionalcontrols; or
(2) monitoring or closure of an underground storage tank;
without being considered as contributing to the existing release orthreatened release of hazardous substances on, in, or at thebrownfield unless existing contamination on the brownfield isexacerbated due to gross negligence or intentional misconduct by thepolitical subdivision or unit of federal or state government.
(k) For purposes of subsection (j), reckless, willful, or wantonmisconduct 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 ofownership primarily to protect a security interest in a vessel orfacility may be considered to participate in the management (asdefined in IC 13-11-2-151.4) of the hazardous substance at thefacility only if, while the borrower is still in possession of the vesselor facility encumbered by the security interest, the person:
(1) exercises decision making control over the environmentalcompliance related to the vessel or facility such that the personhas undertaken responsibility for the hazardous substancehandling or disposal practices related to the vessel or facility;or
(2) exercises control at a level comparable to that of a managerof the vessel or facility such that the person has assumed ormanifested responsibility:
(A) for the overall management of the vessel or facilityencompassing day to day decision making with respect toenvironmental 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 ofenvironmental 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 therelease or threatened release of a hazardous substance at, from, or inconnection with a vessel or facility held in a fiduciary capacity shallnot exceed the assets held in the fiduciary capacity.
(b) Subsection (a) does not apply to the extent that a person isliable under this title independently of the person's ownership of avessel or facility as a fiduciary or actions taken in a fiduciarycapacity.
(c) Subsections (a) and (d) do not limit the liability pertaining toa release or threatened release of a hazardous substance if negligenceof a fiduciary causes or contributes to the release or threatenedrelease.
(d) A fiduciary is not liable in its personal capacity under this titlefor any of the following:
(1) Undertaking or directing another person to undertake aresponse action under 42 U.S.C. 9607(d)(1) or under thedirection of an on-scene coordinator designated under theNational Contingency Plan.
(2) Undertaking or directing another person to undertake otherlawful means of addressing a hazardous substance in connectionwith the vessel or facility.
(3) Terminating the fiduciary relationship.
(4) Including in the terms of the fiduciary agreement acovenant, warranty, or other term or condition that relates tocompliance with an environmental law, or monitoring,modifying, or enforcing the term or condition.
(5) Monitoring or undertaking at least one (1) inspection of thevessel or facility.
(6) Providing financial advice or other advice or counseling toother parties to the fiduciary relationship, including the settloror beneficiary.
(7) Restructuring, renegotiating, or otherwise altering the termsand conditions of the fiduciary relationship.
(8) Administering, as a fiduciary, a vessel or facility that wascontaminated before the fiduciary relationship began.
(9) Declining to take any of the actions referred to insubdivisions (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 trustor fiduciary relationship; or
(2) is a beneficiary and a fiduciary with respect to the same
fiduciary estate and, as a fiduciary, receives benefits that exceedcustomary or reasonable compensation and incidental benefitspermitted under other applicable law.
(f) This section does not preclude a claim against the assets of theestate or trust administered by:
(1) the fiduciary; or
(2) a nonemployee agent or independent contractor retained bya fiduciary.
(g) This section does not:
(1) affect the rights, immunities, or other defenses that areavailable under:
(A) this title; or
(B) other law that is applicable to a person subject to thischapter; or
(2) create:
(A) any liability for a person; or
(B) a private right of action against a fiduciary or any otherperson.
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, byappropriate action, to:
(1) compel a responsible person to undertake a removal orremedial action with respect to a release or threatened releaseof a hazardous substance from a facility or site in Indiana; or
(2) obtain an order to enter upon private or public property tocarry out an appropriate response under the environmentalmanagement laws if the commissioner cannot identify or locateanother person responsible for carrying out the response who:
(A) is willing to carry out the response and capable of doingso; or
(B) can be compelled to carry out the response undersubdivision (1).
(b) The commissioner may issue an administrative order for thepurpose 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; depositof recovery
Sec. 10. (a) The commissioner may proceed in the appropriatecourt to recover costs and damages for which a responsible person isliable 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) andthe 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 hazardoussubstance; and
(2) fails, without sufficient cause, to properly provide removalor remedial action upon order of a court under section 9 of thischapter;
is liable for punitive damages.
(c) The commissioner may commence a civil action against aperson described in subsection (b) to recover punitive damages. Inthe action, the commissioner may seek and the court may grant anaward of punitive damages against a person described in subsection(b) for up to three hundred percent (300%) of the total costs incurredby the department as a result of that person's failure to properlyprovide removal or remedial action upon the order of a court.However, any recovery in the action is subject to offset by theamount of any civil penalty paid by the person under IC 13-30-4-1and IC 13-30-4-2 based upon the release, the threatened release, orthe person's failure to properly provide removal or remedial action.
(d) Costs, damages, and punitive damages awarded under thissection 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 isundertaken. The lien may secure the payment to the state of anamount of money equal to the amount expended from the fund undersection 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 beperfected, notice of the lien must be filed in the office of the countyrecorder of the county in which the real property subject to the lienis located. Before notice of a lien may be filed in the office of thecounty recorder, the department shall provide notice of the intentionto 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 liento the owner of the property if the owner can be identified. If theowner of record cannot be identified, the department shall notify thetenant 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 thischapter is presented to the county recorder for filing, the countyrecorder shall enter the lien appropriately in the entry book and in themiscellaneous record. The entries made under this section must showthe 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 thenotice.
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 ofdischarge of a lien arising under section 11 of this chapter orIC 13-7-8.7-10.7 (before its repeal) is:
(1) issued by an employee or a designated agent of thedepartment; and
(2) presented for filing in the office of the county recorder ofthe county where the notice of lien was filed;
the county recorder shall record the certificate of discharge as arelease of the lien.
(b) To be recorded under this section, the certificate must refer tothe county recorder's book and page number or instrument numberunder 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 ofthis chapter, the county recorder shall inscribe, in the margin of eachentry made to record the lien under section 14 of this chapter, areference 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 releaseunder section 15 of this chapter; and
(2) the inscribing of the references to the release under section16 of this chapter;
a certificate of discharge of a lien arising under section 11 of thischapter operates as a full discharge and satisfaction of the lien unlessthe references to the release inscribed under section 15 of thischapter 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 orIC 13-7-8.7-10.7 (before its repeal) continues until the earlier of thefollowing:
(1) The full discharge and satisfaction of the lien.
(2) The expiration of a ten (10) year period from the date of thecreation of the lien unless an action to foreclose the lien ispending.
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 arisingunder this chapter may be filed under section 12 of this chapter, thedepartment must send a written notice:
(1) to the owner of the real property that would be subject to thelien; or
(2) if the owner of record cannot be identified, to the tenant orother person having control of the real property;
of the date on which the state intends to impose a lien under section11 of this chapter.
(b) The department shall provide the county recorder of thecounty in which the real property that would be subject to the lien islocated 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 imposea lien on real property under section 11 of this chapter, the owner ofthe real property may request that a hearing be conducted underIC 4-21.5. A hearing conducted under this section and IC 4-21.5 shallbe limited to determining if there is probable cause to believe that:
(1) a removal or a remedial action was conducted on the realproperty under:
(A) this chapter; or
(B) IC 13-24-1; and
(2) if the removal or the remedial action was conducted underthis chapter, the owner of the real property would be subject toliability under 42 U.S.C. 9607 (Section 107 of the federalComprehensive Environmental Response, Compensation, andLiability Act).
(b) For the purposes of a hearing conducted under this section andIC 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 thischapter, the state may not impose a lien on the owner's real propertyunder section 11 of this chapter until the commissioner determinesafter the hearing that there is probable cause to believe that:
(1) a removal or a remedial action was conducted on the realproperty under this chapter or IC 13-24-1; and
(2) if the removal or the remedial action was conducted underthis chapter, the owner of the real property would be subject toliability under 42 U.S.C. 9607 (Section 107 of the federalComprehensive Environmental Response, Compensation, andLiability 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 copyof a written notice under section 19(b) of this chapter, the departmentshall retrieve the copy of the written notice from the county recorderon the date a lien is imposed on the real property described in thewritten notice. However:
(1) if:
(A) a hearing is not held under section 20 of this chapter andIC 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 dayafter 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 andIC 4-21.5; and
(B) a lien is not imposed on the real property described inthe notice;
the department shall retrieve the copy of the notice on the dayafter the date the commissioner determines that a lien may notbe 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 withone (1) or more potentially responsible persons concerning removaland remedial action at a site in Indiana. An agreement entered intounder this section may call for one (1) or more parties, at the party'sown expense, to conduct any response action at a site if thecommissioner determines that the action called for in the agreementwill be performed properly.
(b) An agreement entered into under this section may provide thatthe commissioner will: (1) reimburse one (1) or more parties for certain costs of theactions that those parties have agreed to perform under theagreement; or
(2) perform a part of the response action called for in theagreement.
Money from the fund may be used for the reimbursement. Anagreement may provide for the commissioner to pay interest on theprincipal amount to be reimbursed. Money from the fund may beused to pay the interest.
(c) The commissioner may not enter into an agreement subject tosubsection (b) if, in the commissioner's opinion, there is not areasonable likelihood of recovering:
(1) the amount of the reimbursement agreed to under subsection(b); and
(2) other costs incurred by the department in the responseaction;
unless the commissioner determines that the agreement isnonetheless in the public interest.
(d) After entering into an agreement that provides forreimbursement under subsection (b), the commissioner shall makeevery reasonable effort to recover the amount of the reimbursementunder section 10 of this chapter from persons other than the parties.
(e) An agreement entered into under this section may beestablished:
(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 thatis or was subject to regulation under:
(A) IC 13-22-2 through IC 13-22-8 and IC 13-22-13 throughIC 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 ComprehensiveEnvironmental Response, Compensation, and LiabilityInformation System (CERCLIS) in accordance with Section116 of CERCLA (42 U.S.C. 9616);
if more than an insignificantly small amount of a hazardoussubstance remains on or beneath the surface of that property after thepartial or final closure of a hazardous waste facility located on theproperty 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) shallexecute and record, in the office of the county recorder of the countyin which the property is located, a restrictive covenant applying tothe property if the commissioner determines that a restrictivecovenant meeting the requirements set forth in subsection (c) isnecessary to protect the public health or welfare or the environmentfrom 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 hazardoussubstance:
(i) deposited;
(ii) stored;
(iii) disposed of; or
(iv) placed;
on the property; and
(B) the extent to which each hazardous substance remains onthe property; and
(2) incorporate the conditions and restrictions that thecommissioner considers necessary to assure that the future useof the property will not disturb the final cover, any liners, orany components of the hazardous substance containment systemon the property, or disturb the function of the monitoringsystem on the property, unless the commissioner finds that thedisturbance:
(A) is necessary to the proposed use of the property and willnot increase the potential hazards to human health or to theenvironment; or
(B) is necessary to mitigate a threat to human health or to theenvironment.
(d) If a change of conditions or advancements in science ortechnology permit an alteration in the conditions and restrictionsimposed by a restrictive covenant required by this section that wouldnot increase the potential hazards to human health or to theenvironment, the commissioner, upon written request by the ownerof the real property, may authorize the filing of a supplementalrecording recognizing a change in the restrictive covenant in theoffice of the county recorder to reflect the change in the conditionsand 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 shallmake a report concerning the progress of remedial actionscommenced under this chapter to the following:
(1) The governor.
(2) The standing committees of the house of representatives andthe 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 ofa removal or remedial action that is conducted entirely at the site ofthe release or threatened release of a hazardous substance if theremoval or remedial action is selected and carried out in compliancewith:
(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 forclaims 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 orcompletes an approved response action has or may have against athird party.
(b) A person who implements or completes an approved responseaction under this chapter may not be held liable for claims orcontribution 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 orintentionally makes a material misstatement in connection with anapplication for financial assistance from the fund commits a Class Dfelony.
As added by P.L.137-2007, SEC.29.