§ 13-25-4-24 — Contaminated property; restrictive covenants

(a) This section applies to real property that
is:
(1) the site of an existing or former hazardous waste facility that
is or was subject to regulation under:
(A) IC 13-22-2 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14; or
(B) Subchapter III of the federal Solid Waste Disposal Act (42
U.S.C. 6921 through 6939e); or
(2) a site:
(A) on which a hazardous substance has been:
(i) deposited;
(ii) stored; or
(iii) disposed of; and
(B) that is or was listed on the Comprehensive Environmental
Response, Compensation, and Liability Information System
(CERCLIS) in accordance with Section 116 of CERCLA (42
U.S.C. 9616);
if more than an insignificantly small amount of a hazardous substance
remains on or beneath the surface of that property after the partial or
final closure of a hazardous waste facility located on the property or the
completion of a remedial action on the property under CERCLA or this
chapter.
(b) The owner of real property described in subsection (a) shall
execute and record, in the office of the county recorder of the county
in which the property is located, a restrictive covenant applying to the
property if the commissioner determines that a restrictive covenant
meeting the requirements set forth in subsection (c) is necessary to
protect the public health or welfare or the environment from
unreasonable risk of future exposure to a hazardous substance.
(c) A restrictive covenant required under this section must:
(1) to the extent feasible, describe:
(A) the identity, quantity, and location of every hazardous
substance:
(i) deposited;
(ii) stored;
(iii) disposed of; or
(iv) placed;
on the property; and
(B) the extent to which each hazardous substance remains on
the property; and
(2) incorporate the conditions and restrictions that the
commissioner considers necessary to assure that the future use of
the property will not disturb the final cover, any liners, or any
components of the hazardous substance containment system on
the property, or disturb the function of the monitoring system on
the property, unless the commissioner finds that the disturbance:
(A) is necessary to the proposed use of the property and will not
increase the potential hazards to human health or to the
environment; or
(B) is necessary to mitigate a threat to human health or to the
environment.
(d) A restrictive covenant required by this section is subject to
modification under IC 13-14-2-9.
[Pre-1996 Recodification Citation: 13-7-8.7-12.]

Legislative History

As added by P.L.1-1996, SEC.15. Amended by P.L.220-2014, SEC.34.