Title 13, TITLE 13. ENVIRONMENT

Sec. 3.1. (a) As used in this section, "acute hazardous waste" has the meaning set forth in IC 13-11-2-1.5. (b) A person that: (1) in any one (1) or more calendar months of a calendar year generates: (A) more than one hundred (100) kilograms but less than one thousand (1,000) kil…

[Pre-1996 Recodification Citation: 13-7-8.5-7(d).] As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.

[Pre-1996 Recodification Citation: 13-7-8.5-7(f).] As added by P.L.1-1996, SEC.12. Repealed by P.L.143-2000, SEC.8.

Sec. 1. The rules adopted under IC 13-23-1-2(c)(6) may allow evidence of financial responsibility in one (1) or a combination of the following forms: (1) Insurance. (2) Guarantee. (3) Surety bond. (4) Letter of credit. (5) Qualification as a self-insurer. (6) Any other method sat…

Sec. 2. The rules adopted under IC 13-23-1-2(c)(6) may require the use of certain policy provisions or contract terms, including provisions or terms concerning the following: (1) The minimum amount of coverage required for various classes and categories of underground storage tan…

responsibility Sec. 3. (a) The commissioner may provide a method under which the owner or operator of an underground storage tank may establish evidence of financial responsibility as required under sections 1 and 2 of this chapter and 42 U.S.C. 6991b(c)(6) with respect to the pa…

coverage amounts; classes and categories Sec. 4. (a) The rules adopted under IC 13-23-1-2(c)(6) may require a minimum amount of coverage for particular classes or categories of underground storage tanks containing petroleum. Minimum coverage amounts established under this subsect…

requirements Sec. 5. (a) The commissioner, upon the application of any affected person or in the absence of any application, may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the commissioner de…

tank; liability of guarantor Sec. 6. (a) If: (1) the owner or operator of an underground storage tank is in bankruptcy, reorganization, or arrangement under the federal bankruptcy law; or (2) despite the exercise of reasonable diligence, no state or federal court could obtain jur…

Protection Agency with actions of board or commissioner Sec. 7. The provisions of IC 13-11-2-241(d)(10) and sections 1(6) and 5(c) of this chapter requiring the concurrence of the Administrator of the United States Environmental Protection Agency for an action of the board or com…

Sec. 0.2. The amendments made to IC 13-7-8.7-8(c) through IC 13-7-8.7-8(f) (before that section's repeal, now codified at section 8 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991. As added by P.L.220-201…

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 …

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) Thi…

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 th…

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 c…

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. [Pre-1996 Recodifi…

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 fo…

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 …

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. [Pre-1996 Recodification…

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 …

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 li…

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 reco…

Sec. 2. The sources of money for the fund are the following: (1) Fees paid under IC 13-22-12-3.5 for the disposal of hazardous waste. (2) Any payment to the state or the fund as: (A) reimbursement for amounts expended by the state in a response action; (B) reimbursement of admini…

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 limite…

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 …

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 wri…

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 expens…

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…

[Pre-1996 Recodification Citation: 13-7-8.7-13.] As added by P.L.1-1996, SEC.15. Repealed by P.L.130-2018, SEC.71.

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:…

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 app…

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 Level 6 felony. As added by P.L.137-2007, SEC.29. Amended by P.L.158-2013, SEC.194.

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. [Pre-1996 Recodification Citation: 13-7-8.7-4.] As added by P.L.1-1996, SEC.15. IC 13-25-…

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 …

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 r…

Sec. 7. The 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 pub…

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 pla…

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 …

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 …

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 or…

Sec. 1. The board of trustees of a district is the governing body of the district. A board may consist of: (1) three (3); (2) five (5); (3) seven (7); (4) nine (9); (5) eleven (11); or (6) thirteen (13); trustees. [Pre-1996 Recodification Citations: 13-3-2-1 part; 13-3-2-5(d) par…

Sec. 2. An order establishing a district may provide for the board to be elected by the voters in the district from districts or wards or from the district at large. Elections and provisions for filling vacancies must be in accordance with IC 3, with the commissioner or the commi…

Sec. 3. Instead of electing the board, an order establishing a district may provide for appointments to the board by the elected executive or legislative officers of the eligible entities having territory in the district. [Pre-1996 Recodification Citation: 13-3-2-5(d) part.] As a…

commissioner of the department of correction Sec. 4. (a) If: (1) a district will include territory in more than one (1) county; (2) a county executive has filed a petition for a district including territory owned, leased, or controlled by the department of natural resources; or (…

municipality Sec. 5. If a plan also contemplates that sewage treatment for the district will be provided in cooperation with a municipality, the order must provide that: (1) at least one (1) trustee shall be appointed by the executive of the municipality; and (2) at least: (A) on…

Sec. 6. (a) Except as provided in subsection (b)(5), an appointed trustee does not have to be a resident of the district. (b) An appointed trustee must: (1) own real property within the district; (2) be a trustee appointed under section 4 or 5 of this chapter; (3) be an elected o…

As added by P.L.97-2012, SEC.7. Amended by P.L.139-2012, SEC.4. Repealed by P.L.181-2018, SEC.12.

Sec. 7. (a) The board of a district may provide for the payment of not more than one hundred fifty dollars ($150) per day to members of the board for each day or major part of a day devoted to the work of the district. (b) Members of the board are entitled to receive an amount fo…

Sec. 8. (a) When the board of a district conducts a public hearing or meeting, the board shall allow any person an opportunity to be heard: (1) in the presence of others who are present to testify; and (2) in accordance with subsection (b). (b) The board may limit testimony at a …

Sec. 1. (a) The privilege created by this section does not apply to criminal investigations or proceedings. Environmental audit reports are admissible in criminal investigations or proceedings. (b) Except as provided in section 2 of this chapter, an environmental audit report: (1…