Indiana § 13-23-13-16 Presumptions concerning a governmental unit's tank activity on a
brownfield

Indiana Statutes

§ 13-23-13-16 — Presumptions concerning a governmental unit's tank activity on a brownfield

Indiana § 13-23-13-16

Art. 23UNDERGROUND STORAGE TANKS

Ch. 13Corrective Actions

This text of Indiana § 13-23-13-16 (Presumptions concerning a governmental unit's tank activity on a brownfield) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 13-23-13-16 (2026).

Text

(a)A political subdivision or unit of federal or state government that acquired ownership or control of an underground storage tank or aboveground storage tank on a brownfield by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may undertake any activity in conjunction with:

(1)investigation or remediation of hazardous substances, petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or

(2)monitoring or closure of an:

(A)underground storage tank; or

(B)aboveground storage tank; without being considered as contributing to the existing release or threatened release of a regulated substance on, in, or at the brownfield unless existing contamination on the brownfield is exacerbated due to

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(a) A political subdivision or unit of federal
or state government that acquired ownership or control of an
underground storage tank or aboveground storage tank on a brownfield
by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b)
may undertake any activity in conjunction with:
(1) investigation or remediation of hazardous substances,
petroleum, and other pollutants associated with a brownfield,
including complying with land use restrictions and institutional
controls; or
(2) monitoring or closure of an:
(A) underground storage tank; or
(B) aboveground storage tank;
without being considered as contributing to the existing release or
threatened release of a regulated substance on, in, or at the brownfield
unless existing contamination on the brownfield is exacerbated due to
gross negligence or intentional misconduct by the political subdivision
or unit of federal or state government.
(b) For purposes of subsection (a), reckless, willful, or wanton
misconduct constitutes gross negligence.