13-25-4-8.4. Limits on Liability of Fiduciaries
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 (a) does not apply to the extent […]
13-25-4-9. Court Actions by Commissioner; Administrative Orders
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 order to enter upon private or public […]
13-25-4-10. Actions to Recover Costs and Damages; Punitive Damages; 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) This section. (b) In addition to the recovery allowed […]
13-25-4-11. Lien; Amount
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 the fund […]
13-25-4-0.2. Application of Certain Amendments to Prior Law
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.220-2011, SEC.288.
13-25-4-1. Establishment; Purpose
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 under Section 104 of CERCLA (42 U.S.C. 9604). (2) Providing […]
13-25-4-2. Sources of Fund
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 administrative and personnel expenses incurred by […]
13-25-4-3. Investments
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.
13-25-4-4. Annual Budget; Expenditures; Household Hazardous Waste Grants
Sec. 4. (a) The department shall do the following: (1) Prepare an annual budget to provide for administrative and personnel expenses from the fund. (2) Submit the budget to the budget committee in accordance with IC 4-12-1. (b) The general assembly must appropriate the money in the fund to be used for administrative and personnel […]
13-25-4-5. Corrective Action Determination; Access to Records
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 otherwise handles or has handled hazardous substances. (b) To assist […]