Indiana Code
Chapter 4. Hazardous Substances Response Trust Fund
13-25-4-20. Request for and Conduct of Hearing

Sec. 20. (a) Before the date on which the state intends to impose a lien on real property under section 11 of this chapter, the owner of the real property may request that a hearing be conducted under IC 4-21.5. A hearing conducted under this section and IC 4-21.5 shall be limited to determining if there is probable cause to believe that:
(1) a removal or a remedial action was conducted on the real property under:
(A) this chapter; or
(B) IC 13-24-1; and
(2) if the removal or the remedial action was conducted under this chapter, the owner of the real property would be subject to liability under 42 U.S.C. 9607 (Section 107 of the federal Comprehensive Environmental Response, Compensation, and Liability Act).
(b) For the purposes of a hearing conducted under this section and IC 4-21.5, an environmental law judge is the ultimate authority.
[Pre-1996 Recodification Citation: 13-7-8.7-10.9(c).]
As added by P.L.1-1996, SEC.15.

Structure Indiana Code

Indiana Code

Title 13. Environment

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

13-25-4-2. Sources of Fund

13-25-4-3. Investments

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

13-25-4-7. Rules

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

13-25-4-11. Lien; Amount

13-25-4-12. Lien; Perfection

13-25-4-13. Lien; Notification of Owner

13-25-4-14. Lien; Recording

13-25-4-15. Lien; Discharge; Release

13-25-4-16. Lien; Release; Recording

13-25-4-17. Lien; Discharge and Satisfaction

13-25-4-18. Lien; Duration

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

13-25-4-25. Repealed

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

13-25-4-28. Criminal Penalty for Application Misstatement