Title 13, ENVIRONMENT

Sec. 1. (a) This chapter is intended to provide an alternative procedure to assure compliance with the law and to encourage the voluntary remediation of hazardous substances and petroleum. (b) This section does not affect a person's legal obligations set forth in 42 U.S.C. 6901 e…

Sec. 10. Subject to section 11 of this chapter, after receiving a recommendation under section 9 of this chapter, the commissioner shall: (1) approve; (2) modify and approve; or (3) reject; the proposed voluntary remediation work plan. [Pre-1996 Recodification Citation: 13-7-8.9-…

Sec. 11. (a) Before the commissioner approves or rejects a proposed voluntary remediation work plan under section 10 of this chapter, the commissioner must: (1) notify local government units located in a county affected by the proposed voluntary remediation work plan of the work …

Sec. 12. If the commissioner rejects a proposed voluntary remediation work plan under section 10 of this chapter: (1) the commissioner shall, under applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), notify the applicant and specify the reasons for rejecting…

Sec. 13. If the commissioner approves or modifies and approves a proposed voluntary remediation work plan under this chapter, the commissioner shall notify the applicant in writing, under the applicable provisions set forth in IC 4-21.5-3-5(b) and IC 4-21.5-3-5(c), of the followi…

Sec. 14. If an applicant who submitted an approved voluntary remediation work plan desires to proceed with the implementation of the work plan, the applicant must notify the commissioner in writing not more than sixty (60) days after the work plan is approved that the applicant: …

Sec. 15. (a) If an applicant who submitted an approved voluntary remediation work plan proceeds with the work plan, the department or a person under contract with the department shall do the following: (1) Oversee and review the implementation of the voluntary remediation work pl…

Sec. 16. (a) If the commissioner determines that an applicant has successfully completed a voluntary remediation work plan approved under this chapter, the commissioner shall certify that the work plan has been completed by issuing the applicant a certificate of completion. (b) T…

Sec. 18. (a) If the commissioner issues a certificate to a person under section 16 of this chapter, the governor shall also provide the person with a covenant not to sue for any liability, including future liability, or a claim resulting from or based upon the release or threaten…

Sec. 19. (a) This chapter does not prohibit or limit the commissioner from withdrawing the commissioner's approval of a voluntary remediation work plan at any time during the implementation of the work plan if: (1) the person implementing the work plan fails substantially to comp…

Sec. 2. (a) A person who desires to participate in the voluntary remediation program under this chapter must submit an application and a fee to the department as described under subsection (c). (b) Except as provided under section 5(c) of this chapter, any information submitted t…

Sec. 20. (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 voluntary remediation work plan has or may have against a third party. (b) A person who implements or completes an approved vo…

Sec. 21. (a) The voluntary remediation fund is established to provide a source of money for the department to implement this chapter. (b) The expenses of administering the fund shall be paid from the money in the fund. (c) The treasurer of state shall invest the money in the fund…

Sec. 23. The board may adopt rules under IC 4-22-2 and IC 13-14-8 to implement this chapter. The rules may include interim or final remediation standards or provisions limiting the liability of lenders associated with persons involved in voluntary remediation projects under this …

Sec. 3. An environmental assessment described under section 2(c)(2)(B) of this chapter must include the following: (1) A legal description of the site. (2) The physical characteristics of the site. (3) The operational history of the site to the extent the history is known by the …

Sec. 4. Not more than thirty (30) days after receiving: (1) an application; and (2) an application fee; under section 2 of this chapter, the department shall determine if the applicant is eligible to participate in the voluntary remediation program under this chapter. [Pre-1996 R…

Sec. 5. (a) The department may reject an application submitted under section 2 of this chapter only for one (1) or more of the following reasons: (1) A state or federal enforcement action that concerns the remediation of the hazardous substance or petroleum described in the appli…

Sec. 6. (a) If an applicant's application is rejected under section 5 of this chapter because the application is incomplete, the applicant may submit a completed application without submitting an additional application fee. (b) If an applicant's application is rejected and the ap…

Sec. 7. (a) If the department determines an application is eligible under section 4 of this chapter, the applicant may submit: (1) a proposed voluntary remediation investigation plan to the department; (2) a proposed voluntary remediation work plan to the department; or (3) a vol…

Sec. 8. (a) Before the department evaluates a proposed voluntary remediation work plan, the applicant who submitted the work plan and the commissioner must enter into a voluntary remediation agreement that sets forth the terms and conditions of the evaluation and the implementati…

Sec. 8.5. (a) A voluntary remediation work plan must specify the remediation objectives for the site. Subsections (b) through (e) apply to a site regardless of whether the site was entered into the voluntary remediation program before July 1, 2009, or after June 30, 2009. (b) The…

Sec. 9. (a) After the commissioner and an applicant have signed a voluntary remediation agreement described under section 8 of this chapter, the department or a person under contract with the department shall do the following: (1) Review and evaluate the site and the affected are…

Sec. 1. Upon: (1) the declaration of the commissioner organizing a district; (2) the qualification of the board; and (3) the election of a president, a treasurer, and a secretary; the district may exercise in the district's own name, as a municipal corporation, all the rights, po…

Sec. 2. A district may do the following: (1) Sue or be sued. (2) Make contracts in the exercise of the rights, powers, and duties conferred upon the district. (3) Adopt and alter a seal and use the seal by causing the seal to be impressed, affixed, reproduced, or otherwise used. …

Sec. 2.5. (a) As used in this section, "septic tank soil absorption system" has the meaning set forth in IC 13-11-2-199.5. (b) Subject to subsection (d), a property owner is exempt from the requirement to connect to a district's sewer system and to discontinue use of a septic tan…

Sec. 2.6. A district may not require the owner of a property described in section 2(8) of this chapter to connect to the district's sewer system if: (1) the property is located on at least ten (10) acres; (2) the owner can demonstrate the availability of at least two (2) areas on…

Sec. 3. (a) The board may by rules and resolutions provide the following: (1) The procedure for the board's actions. (2) The manner of selection of the board's president, treasurer, and secretary and other officers or employees of the district, including the titles, terms of offi…

Sec. 4. (a) The board may adopt and enforce rules for the following purposes: (1) To accomplish the purpose of a district. (2) To protect the works, improvements, and properties, both real and personal, that the district owns. (3) To secure the best results from the construction,…

Sec. 5. The board or an officer or employee designated by the board may contract for the following: (1) The purchase of supplies in accordance with IC 5-22. (2) Labor for a work in accordance with IC 36-1-12. [Pre-1996 Recodification Citation: 13-3-2-13.] As added by P.L.1-1996, …

Sec. 6. (a) Subject to subsections (b) and (c), the board may condemn for the use of the district public or private land, easements, rights, rights-of-way, franchises, or other property within or outside the district required by the district for the accomplishment of the district…

Sec. 6.5. A district that intends to extend service within its territory shall provide notice to all owners of property to be served by the proposed extension of service in the following manner not later than sixty (60) days from the date of the decision to extend service: (1) By…

Sec. 7. (a) Exclusive of building a sewage treatment plant, solid waste disposal or recovery system, or installing a supply of water, a district that desires to own, acquire, construct, equip, improve, enlarge, extend, operate, and maintain a works may proceed under this article …

Sec. 8. A district may make contracts or incur obligations only if the contracts or obligations are payable solely from: (1) the money provided under this article; or (2) federal, state, or other grants or contributions. [Pre-1996 Recodification Citation: 13-3-2-16(a) part.] As a…

Sec. 9. (a) As used in this section, "electronic funds transfer" means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, a telephone, a computer, magnetic tape, or other electro…

Sec. 1. The department shall establish a small business stationary source technical assistance program as required under Section 507 of the federal Clean Air Act (42 U.S.C. 7661f). [Pre-1996 Recodification Citation: 13-10-4-3(a).] As added by P.L.1-1996, SEC.18.

Sec. 1. Except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who obstructs, delays, resists, prevents, or interferes with: (1) the department; and (2) the department's personnel or designated agent; in the performance of an inspection or investigation performed under I…

Sec. 1. Except to the extent otherwise required by law, a recycler is not responsible for any data that may be contained in a covered electronic device recycled by the recycler if an information storage device is included in the covered electronic device. As added by P.L.178-2009…