Indiana § 13-25-5-8.5 Voluntary remediation work plan objectives; additional action to
protect human health and the environment not necessary under certain
circumstances; risk based remediation objectives and proposals

Indiana Statutes

§ 13-25-5-8.5 — Voluntary remediation work plan objectives; additional action to protect human health and the environment not necessary under certain circumstances; risk based remediation objectives and proposals

Indiana § 13-25-5-8.5

Art. 25HAZARDOUS SUBSTANCES

Ch. 5Voluntary Remediation of Hazardous Substances and

This text of Indiana § 13-25-5-8.5 (Voluntary remediation work plan objectives; additional action to protect human health and the environment not necessary under certain circumstances; risk based remediation objectives and proposals) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 13-25-5-8.5 (2026).

Text

5.

(a)A voluntary remediation work plan must specify the remediation objectives for the site. Subsections (b) through (e) apply to a site regardless of whether the site was entered into the voluntary remediation program before July 1, 2009, or after June 30, 2009.

(b)The remediation objectives for each hazardous substance and any petroleum on the site shall be based on:

(1)background levels of hazardous substances and petroleum that occur naturally on the site; or

(2)an assessment of the risks pursuant to subsection (d) posed by the hazardous substance or petroleum presently found on the site taking into consideration the following:

(A)Expected future use of the site.

(B)Measurable risks to human health, natural resources, or the environment based on the:

(i)activities that take pla

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5. (a) A voluntary remediation work plan
must specify the remediation objectives for the site. Subsections (b)
through (e) apply to a site regardless of whether the site was entered
into the voluntary remediation program before July 1, 2009, or after
June 30, 2009.
(b) The remediation objectives for each hazardous substance and
any petroleum on the site shall be based on:
(1) background levels of hazardous substances and petroleum that
occur naturally on the site; or
(2) an assessment of the risks pursuant to subsection (d) posed by
the hazardous substance or petroleum presently found on the site
taking into consideration the following:
(A) Expected future use of the site.
(B) Measurable risks to human health, natural resources, or the
environment based on the:
(i) activities that take place; and
(ii) environmental impact;
on the site.
(c) If the:
(1) nature and extent of the hazardous substance or petroleum is
adequately characterized under the voluntary remediation work
plan, considering the remediation objectives developed under this
section; and
(2) the level of the hazardous substance or petroleum is
demonstrated to be below:
(A) background levels of the hazardous substances and
petroleum that occur naturally on the site; or
(B) the risk based levels developed under subsection (d);
additional action is not necessary to protect human health or the
environment.
(d) Risk based remediation objectives shall be based on one (1) of
the following:
(1) Levels of hazardous substances and petroleum calculated by
the department using standard equations and default values for
particular hazardous substances or petroleum.
(2) Levels of hazardous substances and petroleum calculated
using site specific data for the default values in the department's
standard equations.
(3) Levels of hazardous substances and petroleum developed
based on site specific risk assessments that take into account site
specific factors, including remedial measures, restrictive
covenants, and environmental restrictive ordinances that:
(A) manage risk; and
(B) control completed or potential exposure pathways.
(e) The department shall consider and give effect to restrictive
covenants and environmental restrictive ordinances in evaluating risk
based remediation proposals.
(f) The department, or a person authorized under subsection (g),
shall give written notice to a municipal corporation that the department
is relying on an environmental restrictive ordinance adopted by the
municipal corporation as part of a risk based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or
IC 13-25-5.
(g) The department may delegate authority to give the written notice
referred to in subsection (f) to the person who proposed the risk based
remediation.