Sec. 8. (a) Subject to subsection (b), a restrictive covenant executed after June 30, 2009, is not subject to approval by the department.
(b) The department shall:
(1) review; and
(2) approve, disapprove, or partially approve and partially disapprove;
activities and land use restrictions described in IC 13-11-2-193.5(2) that are proposed as part of a remediation, closure, cleanup, corrective action, or determination exercising enforcement discretion or of no further action being required to be included in a restrictive covenant.
As added by P.L.78-2009, SEC.11. Amended by P.L.1-2010, SEC.61.
Structure Indiana Code
Article 14. Powers and Duties of Department of Environmental Management and Boards
Chapter 2. Powers of Department
13-14-2-1. Orders and Determinations by Commissioner
13-14-2-2. Entry Upon Private or Public Property for Inspection by Agent
13-14-2-3. Department to Represent State in All Matters Pertaining to Environmental Protection
13-14-2-4. Acceptance of Gifts or Other Funds
13-14-2-5. Contract for Legal, Professional, and Other Services
13-14-2-6. Court Actions by Commissioner
13-14-2-7. Orders to Secure Compliance; Civil Penalties
13-14-2-9. Modification of Restrictive Covenants; Recovery of Expenses Incurred