Sec. 1. (a) The hazardous substances response trust fund is established. The purpose of the fund is to accumulate and maintain a source of money for the following purposes:
(1) Financing contracts or cooperative agreements between the state and the President of the United States under Section 104 of CERCLA (42 U.S.C. 9604).
(2) Providing state assistance in the form of supplies, materials, services, and equipment to:
(A) prevent the release of a hazardous substance or contaminant; or
(B) control, contain, isolate, neutralize, remove, store, or dispose of any hazardous substance or contaminant already released into or on the air, land, or waters of Indiana.
(3) Financing response actions that are:
(A) undertaken or authorized by the commissioner with respect to sites in Indiana; and
(B) considered by the commissioner to be necessary to protect the public health or welfare or the environment from the release or threatened release of a hazardous substance or contaminant.
(4) Paying expenses related to releases of regulated substances other than petroleum from underground storage tanks under IC 13-23-13-7.
(5) Paying administrative and personnel expenses incurred by the state in responding to releases or threats of releases of hazardous substances or contaminants.
(6) Paying claims for the reimbursement of necessary response costs incurred by persons that have received preauthorization from the commissioner for reimbursement.
(7) Providing grants for household hazardous waste and conditionally exempt small quantity generator waste collection, recycling, or disposal projects under IC 13-20-20.
(8) Paying administrative and personnel expenses incurred by the department in implementing and administering household hazardous waste and conditionally exempt small quantity generator waste collection, recycling, or disposal projects under IC 13-20-20.
(9) Transferring funds to the Indiana brownfields fund established by IC 5-1.2-12-3.
(10) Paying administrative and personnel expenses incurred by the state in evaluating proposed modifications of restrictive covenants under IC 13-14-2-9.
(b) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1996 Recodification Citation: 13-7-8.7-2.]
As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.14; P.L.237-1999, SEC.10; P.L.220-2014, SEC.32; P.L.189-2018, SEC.127.
Structure Indiana Code
Article 25. Hazardous Substances
Chapter 4. Hazardous Substances Response Trust Fund
13-25-4-0.2. Application of Certain Amendments to Prior Law
13-25-4-1. Establishment; Purpose
13-25-4-4. Annual Budget; Expenditures; Household Hazardous Waste Grants
13-25-4-5. Corrective Action Determination; Access to Records
13-25-4-6. Entry for Inspection by Agent; Reasonable Promptness; Samples
13-25-4-8. Liability of a Person to the State; Exceptions; Presumptions Concerning Releases
13-25-4-8.2. Lenders Considered to Participate in Management
13-25-4-8.4. Limits on Liability of Fiduciaries
13-25-4-9. Court Actions by Commissioner; Administrative Orders
13-25-4-10. Actions to Recover Costs and Damages; Punitive Damages; Deposit of Recovery
13-25-4-13. Lien; Notification of Owner
13-25-4-15. Lien; Discharge; Release
13-25-4-16. Lien; Release; Recording
13-25-4-17. Lien; Discharge and Satisfaction
13-25-4-19. Notice of Intent to Impose Lien
13-25-4-20. Request for and Conduct of Hearing
13-25-4-21. Effect of Request for Hearing
13-25-4-22. Retrieval of Copy of Written Notice From County Recorder
13-25-4-23. Agreements for Removal and Remedial Action
13-25-4-24. Contaminated Property; Restrictive Covenants
13-25-4-26. Removal or Remedial Actions; State or Local Permit
13-25-4-27. Action or Claims; Effect of Chapter; Immunity for Liability for Claims or Contributions