Indiana § 13-25-4-23 - Agreements for removal and remedial action

§ 13-25-4-23. Agreements for removal and remedial action

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 if the commissioner determines that the removal and remedial action called for in the agreement will be performed properly.

(b) An agreement entered into under this section may:

(1) allow the commissioner to obtain from a potentially responsible person that enters into an agreement under subsection (a) the reimbursement of oversight costs incurred by the department in reviewing the removal and remedial action undertaken by the potentially responsible person; and

(2) provide that the commissioner will:

(A) reimburse one (1) or more parties for certain costs of the actions that those parties have agreed to perform under the agreement; or

(B) perform a part of the response action called for in the agreement.

Money from the fund may be used for the reimbursement. An agreement may provide for the commissioner to pay interest on the principal amount to be reimbursed. Money from the fund may be used to pay the interest.

(c) The commissioner may not enter into an agreement subject to subsection (b) if, in the commissioner's opinion, there is not a reasonable likelihood of recovering:

(1) the amount of the reimbursement agreed to under subsection (b); and

(2) other costs incurred by the department in the response action;

unless the commissioner determines that the agreement is nonetheless in the public interest.

(d) After entering into an agreement that provides for reimbursement under subsection (b), the commissioner shall make every reasonable effort to recover the amount of the reimbursement under section 10 of this chapter from persons other than the parties.

(e) An agreement entered into under this section may be established:

(1) in an administrative order issued by the commissioner; or

(2) by a consent decree entered in an appropriate court.

[Pre-1996 Recodification Citation: 13-7-8.7-11(b), (c), (d), (e), (f).]

As added by P.L.1-1996, SEC.15. Amended by P.L.49-2015, SEC.4.