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 […]
13-25-5-4. Determination of Applicant Eligibility
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 Recodification Citation: 13-7-8.9-9.] As added by P.L.1-1996, SEC.15.
13-25-5-19. Withdrawing Commissioner’s Approval of Voluntary Remediation Work Plan; Appeal
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 comply with the terms and conditions of: (A) the voluntary remediation […]
13-25-5-5. Rejection of Application; Reasons; Completeness; List of Information; Department Duties
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 application is pending. (2) A federal grant requires an […]
13-25-5-20. Third Party Actions or Claims; Liability for Claims for Contribution
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 voluntary remediation work plan under this chapter […]