Sec. 9. (a) The commissioner may proceed in court, by appropriate action, to:
(1) compel a responsible person to undertake a removal or remedial action with respect to a release or threatened release of a hazardous substance from a facility or site in Indiana; or
(2) obtain an order to enter upon private or public property to carry out an appropriate response under the environmental management laws if the commissioner cannot identify or locate another person responsible for carrying out the response who:
(A) is willing to carry out the response and capable of doing so; or
(B) can be compelled to carry out the response under subdivision (1).
(b) The commissioner may issue an administrative order for the purpose set forth in subsection (a)(1).
[Pre-1996 Recodification Citation: 13-7-8.7-9.]
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