Sec. 16. (a) A political subdivision or unit of federal or state government that acquired ownership or control of an underground 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 underground 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.
Structure Indiana Code
Article 23. Underground Storage Tanks
Chapter 13. Corrective Actions
13-23-13-0.2. Application of Certain Amendments to Prior Law
13-23-13-1. Issuance of Orders or Corrective Actions
13-23-13-2. Action by Commissioner
13-23-13-3. Exposure Assessment
13-23-13-4. Priority of Orders and Corrective Actions
13-23-13-5. Limited Corrective Actions; Streamlined Administrative Procedures
13-23-13-5.5. Intentional Surface Spill or Overfill; Contribution to Corrective Action Costs Claim
13-23-13-7. Use of Funds for Corrective Actions; Nonpetroleum Underground Storage Tanks
13-23-13-7.5. Recovery of Certain Costs
13-23-13-9. Equities for Recovery of Costs
13-23-13-10. Agreements to Indemnify, Hold Harmless, or Insure
13-23-13-13. Emergency Procurement Powers; Actions Authorized Under Federal Law
13-23-13-14. Lenders Considered to Participate in Management
13-23-13-15. Limits on Liability of Fiduciaries
13-23-13-16. Presumptions Concerning a Governmental Unit's Tank Activity on a Brownfield