2015 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 22. HAZARDOUS WASTE MANAGEMENT
CHAPTER 8. FINANCIAL RESPONSIBILITY STANDARDS
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IC 13-22-8
Chapter 8. Financial Responsibility Standards
IC 13-22-8-1
Rules
Sec. 1. (a) The board shall adopt rules under IC 4-22-2 and
IC 13-14-9 on standards of financial responsibility for the following:
(1) Closure.
(2) Postclosure monitoring at hazardous waste facilities.
(3) Any required corrective action at those facilities.
(b) The rules adopted under this section must reflect the provisions
for financial responsibility prescribed by section 2 of this chapter.
As added by P.L.1-1996, SEC.12. Amended by P.L.133-2012,
SEC.152.
IC 13-22-8-2
Bankruptcy of owner or operator of facility; proof of financial
responsibility; liability of guarantor
Sec. 2. (a) The rules on financial responsibility for monitoring and
corrective action at hazardous waste facilities adopted by the board
under section 1 of this chapter and IC 4-22-2 must state that evidence
of financial responsibility may be provided through one (1) or more
of the following:
(1) Insurance.
(2) Guaranty.
(3) A surety bond.
(4) A letter of credit.
(5) Qualification as a self-insurer.
The rules may specify that certain terms, conditions, or defenses are
necessary or are unacceptable in a policy or contract through which
proof of financial responsibility is to be provided.
(b) If the owner or operator of a hazardous waste facility is in
bankruptcy, reorganization, or arrangement under the federal
bankruptcy law, or if no state or federal court could obtain
jurisdiction over an owner or operator likely to be solvent at the time
of judgment, any claim arising from conduct for which evidence of
financial responsibility is provided may be asserted directly against
the guarantor. In an action based upon such a claim, the guarantor
may invoke:
(1) all rights and defenses that would have been available to the
owner or operator if the action had been brought against the
owner or operator by the claimant; and
(2) all rights and defenses that would have been available to the
guarantor if an action had been brought against the guarantor by
the owner or operator.
(c) The total liability of a guarantor under this section is limited to
the aggregate amount in which the guarantor has provided evidence
of financial responsibility for the owner or operator of a hazardous
waste facility. This section does not limit any other liability of a
Indiana Code 2015
guarantor to the owner or operator of a hazardous waste facility, such
as liability for bad faith in negotiating or in failing to negotiate the
settlement of any claim.
As added by P.L.1-1996, SEC.12.
Indiana Code 2015
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