IC 13-25-6
    Chapter 6. Reimbursement for Hazardous Materials EmergencyAction

IC 13-25-6-1
Application of chapter
    Sec. 1. This chapter does not apply to an occurrence involving therelease or imminent release of less than twenty-five (25) pounds ofactive ingredient of a substance or a combination of substances thatmeets 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 anindividual who acquired the substance or combination ofsubstances with the intent to use the substance for the purposeintended by the commercial producer:
            (A) in a dwelling owned or occupied by the individual;
            (B) in the yard adjacent to or surrounding a dwelling ownedor 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 connectionwith a hazardous materials emergency shall reimburse:
        (1) an emergency response agency; or
        (2) the governmental entity served by an emergency responseagency;
for reasonable and necessary expenses incurred by the emergencyresponse agency in taking emergency action at or near the scene ofthe 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 forexpenses, except for expenses of a type that the agency normallyincurs in responding to emergencies that do not involve hazardousmaterials, that are incurred in taking emergency action by anemergency response agency other than a fire department that isdescribed in subsection (b).
    (b) Reimbursement is available under this chapter andIC 36-8-12.2 for expenses that are incurred in taking emergencyaction 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 federalgovernment
    Sec. 4. Reimbursement for expenses is not available under thischapter if those expenses may be reimbursed by the federalgovernment under Section 123 of the Superfund Amendments andReauthorization 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 entitymay obtain reimbursement under this chapter by filing an action forreimbursement 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 firedepartment is located, if the emergency response agency is afire department that:
            (A) is established by a unit under IC 36-8-2-3 orIC 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.