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.
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 […]
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 […]
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 […]
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 […]
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 Recodification Citation: 13-7-8.7-10.7(c).] As added by P.L.1-1996, […]
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 following: (1) The date of filing. […]
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 the county recorder of the […]
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 Citation: 13-7-8.7-10.7(f).] As added by P.L.1-1996, […]
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 operates as a full discharge […]
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 lien unless an action to […]
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 record […]
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 […]
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 limited to determining if […]
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 or a remedial action was […]
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 written notice. However: (1) if: […]
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 expense, to conduct any response at a site […]
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 Waste Disposal Act (42 U.S.C. […]
[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: (1) this chapter; and […]
