Indiana § 13-23-13-16 - Presumptions concerning a governmental unit's tank activity on a brownfield
Full text of Indiana Indiana Code § 13-23-13-16 — Presumptions concerning a governmental unit's tank activity on a brownfield, with citation guidance and answers to common questions.
§ 13-23-13-16. Presumptions concerning a governmental unit's tank activity on a brownfield
Sec. 16. (a) A political subdivision or unit of federal or state government that acquired ownership or control of an underground storage tank or aboveground storage tank on a brownfield by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may undertake any activity in conjunction with:
(1) investigation or remediation of hazardous substances, petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or
(2) monitoring or closure of an:
(A) underground storage tank; or
(B) aboveground storage tank;
without being considered as contributing to the existing release or threatened release of a regulated substance on, in, or at the brownfield unless existing contamination on the brownfield is exacerbated due to gross negligence or intentional misconduct by the political subdivision or unit of federal or state government.
(b) For purposes of subsection (a), reckless, willful, or wanton misconduct constitutes gross negligence.
As added by P.L.221-2007, SEC.15. Amended by P.L.176-2023, SEC.61.
IC 13-23-14Chapter 14. Enforcement and Penalties
13-23-14-1Enforcement of chapter; penalties 13-23-14-2Failure to notify; false information 13-23-14-3Violation of requirements, standards, or rules of underground storage tank program; exceptions 13-23-14-4Noncompliance with orders
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 13-23-13-16
What does Indiana Code § 13-23-13-16 cover?
Section 13-23-13-16 ("Presumptions concerning a governmental unit's tank activity on a brownfield") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 13-23-13-16?
A common citation format is "Indiana Code § 13-23-13-16" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 13-23-13-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.