Sec. 1. (a) The commissioner may issue an order under:
(1) IC 13-14-2-7;
(2) IC 4-21.5-4; or
(3) IC 4-21.5-3-6;
to require an owner or operator or a responsible person to undertake removal or remedial action with respect to a release of petroleum at a petroleum facility.
(b) If the commissioner determines that the removal or remedial action will be done properly and promptly by the owner, operator, or responsible person, the commissioner may enter into an agreed order with the owner, operator, or responsible person to implement necessary removal or remedial action.
(c) If the commissioner and the owner or operator or the responsible party fail to agree on the appropriate and necessary removal or remedial action to be taken, the dispute shall be resolved under IC 4-21.5.
[Pre-1996 Recodification Citation: 13-7-20.1-8(a).]
As added by P.L.1-1996, SEC.14.
Structure Indiana Code
13-24-1-1. Removal or Remedial Actions; Resolution of Disputes
13-24-1-2. Conditions for Actions; Priorities; Emergencies
13-24-1-3. Exposure Assessments
13-24-1-5. Agreements to Indemnify, Hold Harmless, or Insure; Subrogation
13-24-1-6. Enforcement; Testing; Facility Site Right of Entry; Inspection; Reasonable Promptness
13-24-1-7. Use of Funds; Petroleum Facility Expenses
13-24-1-8. Application of Ic 4-21.5 to Determinations, Notices, Hearings, and Appeal Determinations