Indiana § 13-25-4-21 Effect of request for hearing

Indiana Statutes

§ 13-25-4-21 — Effect of request for hearing

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

If an owner requests a hearing under section 20 of this chapter, the state may not impose a lien on the owner's real property under section 11 of this chapter until the commissioner determines after the hearing that there is probable cause to believe that:

(1)a removal or a remedial action was conducted on the real property under this chapter or 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). [Pre-1996 Recodification Citation: 13-7-8.7-10.9(d).]

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If an owner requests a hearing under section
20 of this chapter, the state may not impose a lien on the owner's real
property under section 11 of this chapter until the commissioner
determines after the hearing that there is probable cause to believe that:
(1) a removal or a remedial action was conducted on the real
property under this chapter or 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).
[Pre-1996 Recodification Citation:
13-7-8.7-10.9(d).]

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