Indiana § 13-25-4-20 Request for and conduct of hearing

Indiana Statutes

§ 13-25-4-20 — Request for and conduct of hearing

Indiana·Art. 25 HAZARDOUS SUBSTANCES·Ch. 4 Hazardous Substances Response Trust Fund

(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 administrat

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(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 administrative law judge is the ultimate authority.
[Pre-1996 Recodification Citation:
13-7-8.7-10.9(c).]