Indiana § 13-25-5-8 - Voluntary remediation agreement; contents; failure to reach accord within reasonable time after good faith negotiations

§ 13-25-5-8. Voluntary remediation agreement; contents; failure to reach accord within reasonable time after good faith negotiations

Sec. 8. (a) Before the department evaluates a proposed voluntary remediation work plan, the applicant who submitted the work plan and the commissioner must enter into a voluntary remediation agreement that sets forth the terms and conditions of the evaluation and the implementation of the work plan. A voluntary remediation agreement must include the following:

(1) Provisions for the following:

(A) A requirement that the department provide the applicant with an itemized list of estimated costs the department may incur under this chapter.

(B) The recovery of all reasonable costs that:

(i) are incurred by the department in the review and oversight of the work plan;

(ii) are attributable to the voluntary remediation agreement; and

(iii) exceed the fee submitted by the applicant under section 2 of this chapter.

(C) A schedule of payments to be made by the applicant to the department to recover the costs to the department.

(2) A mechanism to resolve disputes arising from the evaluation, analysis, and oversight of the implementation of the work plan, including any of the following:

(A) Arbitration.

(B) Adjudication under IC 4-21.5.

(C) A dispute resolution procedure provided under the Indiana Rules of Court.

(3) A provision concerning the indemnification of the parties.

(4) A provision concerning retention of records.

(5) A timetable for the department to do the following:

(A) Reasonably review and evaluate the adequacy of the work plan.

(B) Make a determination concerning the approval or rejection of the work plan.

(6) A provision concerning applicable interagency coordination.

(7) A provision specifying the proposed remediation objectives to be achieved on the site, as described in section 8.5 of this chapter.

(8) A requirement that the applicant submit to the department a proposed voluntary remediation work plan not later than one (1) year after the date the voluntary remediation agreement is signed.

(9) Any other conditions considered necessary by the commissioner or the applicant concerning the effective and efficient implementation of this chapter.

(b) If an agreement is not reached between an applicant and the commissioner within a reasonable time after good faith negotiations have begun between the applicant and the commissioner:

(1) the applicant or the commissioner may withdraw from the negotiations; and

(2) the department shall refund the unexpended part of the applicant's application fee.

[Pre-1996 Recodification Citation: 13-7-8.9-13.]

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.19; P.L.135-2026, SEC.274.