§ 13-23-13-2 — Action by commissioner

The commissioner, under rules adopted under
IC 13-23-1-2, may undertake corrective action with respect to any
release of a regulated substance into the environment from an
underground storage tank or aboveground storage tank if:
(1) that action is necessary, in the judgment of the commissioner,
to protect human health and the environment; and
(2) at least one (1) of the following conditions exists:
(A) A person cannot be found not later than ninety (90) days
after a suspected or confirmed release is identified (or a shorter
time necessary to protect human health and the environment)
who is:
(i) an owner or operator of the underground storage tank or
aboveground storage tank;
(ii) subject to the rules concerning corrective action; and
(iii) capable of properly carrying out corrective action with
respect to the release.
(B) An existing situation requires prompt action by the
commissioner under this section to protect human health and
the environment.
(C) The cost of corrective action at the site of an underground
storage tank exceeds the amount of financial responsibility
required under IC 13-23-1-2(c)(6), IC 13-23-4-4, and IC 13-23-4-5 and, considering the class or category of
underground storage tank from which the release occurred,
expenditures by the state are necessary to ensure an effective
corrective action.
(D) The owner or operator of the underground storage tank or
aboveground storage tank has failed or refused to comply with
an order of the commissioner or a judgment of a court of
competent jurisdiction under section 1 of this chapter to take
corrective action with respect to the release.
[Pre-1996 Recodification Citation: 13-7-20-19(b).]

Legislative History

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.51.