13-25-5-23. Rules
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 chapter. [Pre-1996 Recodification Citation: 13-7-8.9-23.] As added by P.L.1-1996, SEC.15.
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, […]
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 […]
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). […]
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). [Pre-1996 Recodification Citation: 13-6-2-10(a) part.] As added by P.L.1-1996, SEC.15.
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 […]
13-25-5-8. Voluntary Remediation Agreement; Contents; Failure to Reach Accord Within Reasonable Time After Good Faith Negotiations
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 implementation of the work plan. A voluntary remediation agreement must include the following: […]
13-25-5-8.5. Voluntary Remediation Work Plan Objectives; Additional Action to Protect Human Health and the Environment Not Necessary Under Certain Circumstances; Risk Based Remediation Objectives and Proposals
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 remediation objectives for each hazardous substance and any […]
13-25-5-9. Review and Evaluation; Additional or Corrected Information
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 area surrounding the site. (2) Review and evaluate the documentation […]
13-25-5-10. Voluntary Remediation Work Plan; Approval, Modification, or Rejection
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: 13-7-8.9-15(a).] As added by P.L.1-1996, SEC.15.