§ 13-25-4-23 — Agreements for removal and remedial action

(a) The commissioner may enter into an
agreement with one (1) or more potentially responsible persons
concerning removal and remedial action at a site in Indiana. An
agreement entered into under this section may call for one (1) or more
parties, at the party's own expense, to conduct any response at a site if
the commissioner determines that the removal and remedial action
called for in the agreement will be performed properly.
(b) An agreement entered into under this section may:
(1) allow the commissioner to obtain from a potentially
responsible person that enters into an agreement under subsection
(a) the reimbursement of oversight costs incurred by the
department in reviewing the removal and remedial action
undertaken by the potentially responsible person; and
(2) provide that the commissioner will:
(A) reimburse one (1) or more parties for certain costs of the
actions that those parties have agreed to perform under the
agreement; or
(B) perform a part of the response action called for in the
agreement.
Money from the fund may be used for the reimbursement. An
agreement may provide for the commissioner to pay interest on the
principal amount to be reimbursed. Money from the fund may be used
to pay the interest.
(c) The commissioner may not enter into an agreement subject to
subsection (b) if, in the commissioner's opinion, there is not a
reasonable likelihood of recovering:
(1) the amount of the reimbursement agreed to under subsection
(b); and
(2) other costs incurred by the department in the response action;
unless the commissioner determines that the agreement is nonetheless
in the public interest.
(d) After entering into an agreement that provides for
reimbursement under subsection (b), the commissioner shall make
every reasonable effort to recover the amount of the reimbursement
under section 10 of this chapter from persons other than the parties.
(e) An agreement entered into under this section may be established:
(1) in an administrative order issued by the commissioner; or
(2) by a consent decree entered in an appropriate court.
[Pre-1996 Recodification Citation: 13-7-8.7-11(b), (c), (d),
(e), (f).]

Legislative History

As added by P.L.1-1996, SEC.15. Amended by P.L.49-2015, SEC.4.