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 et seq. regardless of a person’s participation in this chapter. […]
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.
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 plan; (2) provide that a copy of the proposed voluntary remediation […]
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 the work plan; and (2) the applicant may appeal the commissioner’s decision under […]
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 following: (1) That the voluntary remediation work plan has been approved or modified and […]
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: (1) intends to proceed with the implementation of the […]
Sec. 15. 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 plan. (2) Make regular reports to the commissioner concerning the remediation. [Pre-1996 […]
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) The issuance of a certificate of completion under this section is a final […]
Sec. 17. If the commissioner determines that an applicant has not successfully completed a voluntary remediation work plan approved under this chapter, the commissioner shall notify the applicant of this determination under IC 4-21.5. [Pre-1996 Recodification Citation: 13-7-8.9-17(c).] As added by P.L.1-1996, SEC.15.
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 threatened release of a hazardous substance or […]
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 […]
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 to the division of the department responsible for reviewing and […]
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 […]
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 not currently needed to meet […]
[Pre-1996 Recodification Citation: 13-7-8.9-22.] As added by P.L.1-1996, SEC.15. Repealed by P.L.1-2001, SEC.51.
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.
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 applicant. (4) Information that the applicant is aware of […]
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.
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 […]
Sec. 6. (a) If an applicant’s application is rejected under section 5 of this chapter, the applicant may do the following: (1) Appeal the department’s decision under IC 4-21.5. (2) If the application is rejected because the application is not complete, submit a completed application without submitting an additional application fee. (b) If an applicant’s […]
