§ 13-19-6-1 — Liability limitation for certain surficial activities

Indiana § 13-19-6-1

• Jurisdiction: Indiana
• Art. 19: SOLID WASTE AND HAZARDOUS WASTE
• Ch. 6: Liability Limitation for Certain Surficial Activities

Text

(a) Subject to subsection (b) and except as
provided under existing defenses and exemptions to liability contained
in the environmental management laws, a person who:
(1) owns or otherwise legally possesses real property that is not
more than one (1) acre in size; and
(2) installs only:
(A) pavement or another hard surface; or
(B) landscaping and other surficial plantings;
on the surface of the real property does not incur any additional liability
for those paving or landscaping activities under the environmental
management laws for costs or damages associated with the presence of
a hazardous substance, a contaminant, petroleum, or a petroleum
product that is located beneath the surface of the real property.
(b) Paving or landscaping activities on real property described in
subsection (a)(2) may not:
(1) impede the effectiveness or integrity of any institutional
control employed on the real property in connection with a
response action at the real property;
(2) violate a land use restriction established or relied on in
connection with a response action at the real property;
(3) result in a release of a hazardous substance, a contaminant,
petroleum, or a petroleum product at the real property; or
(4) exacerbate existing contamination at the real property.

Legislative History

As added by P.L.6-2011, SEC.1.