§ 13-25-5-8 — Voluntary remediation agreement; contents; failure to reach accord within reasonable time after good faith negotiations

Indiana § 13-25-5-8

• Jurisdiction: Indiana
• Art. 25: HAZARDOUS SUBSTANCES
• Ch. 5: Voluntary Remediation of Hazardous Substances and

Text

(a) Before the department evaluates a proposed
voluntary remediation work plan, the applicant who submitted the work
plan and the commissioner must enter into a voluntary remediation
agreement that sets forth the terms and conditions of the evaluation and
the implementation of the work plan. A voluntary remediation
agreement must include the following:
(1) Provisions for the following:
(A) A requirement that the department provide the applicant
with an itemized list of estimated costs the department may
incur under this chapter.
(B) The recovery of all reasonable costs that:
(i) are incurred by the department in the review and oversight
of the work plan;
(ii) are attributable to the voluntary remediation agreement;
and
(iii) exceed the fee submitted by the applicant under section
2 of this chapter.
(C) A schedule of payments to be made by the applicant to the
department to recover the costs to the department.
(2) A mechanism to resolve disputes arising from the evaluation,
analysis, and oversight of the implementation of the work plan,
including any of the following:
(A) Arbitration.
(B) Adjudication under IC 4-21.5.
(C) A dispute resolution procedure provided under the Indiana
Rules of Court.
(3) A provision concerning the indemnification of the parties.
(4) A provision concerning retention of records.
(5) A timetable for the department to do the following:
(A) Reasonably review and evaluate the adequacy of the work
plan.
(B) Make a determination concerning the approval or rejection
of the work plan.
(6) A provision concerning applicable interagency coordination.
(7) A provision specifying the proposed remediation objectives to
be achieved on the site, as described in section 8.5 of this chapter.
(8) The requirement that the applicant submit to the department
a proposed voluntary remediation work plan:
(A) not later than one hundred eighty (180) days after the date
the voluntary remediation agreement is signed; or
(B) after a longer period if the extension is agreed to by the
department and the applicant.
(9) Any other conditions considered necessary by the
commissioner or the applicant concerning the effective and
efficient implementation of this chapter.
(b) If an agreement is not reached between an applicant and the
commissioner within a reasonable time after good faith negotiations
have begun between the applicant and the commissioner:
(1) the applicant or the commissioner may withdraw from the
negotiations; and
(2) the department shall refund the unexpended part of the
applicant's application fee.
[Pre-1996 Recodification Citation: 13-7-8.9-13.]

Legislative History

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.19.