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
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