2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 14. POWERS AND DUTIES OF DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND BOARDS
CHAPTER 2. POWERS OF DEPARTMENT
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IC 13-14-2
Chapter 2. Powers of Department
IC 13-14-2-1
Orders and determinations by commissioner
Sec. 1. (a) This section applies to any:
(1) determination made by the commissioner;
(2) order issued by the commissioner; and
(3) notice issued by the department;
under this title.
(b) The commissioner may issue orders and make determinations.
(c) An order issued under this section may address multiple sites
for the purpose of arranging for site investigations and the
establishment of priority of sites.
(d) Notice of a determination made or an order issued by the
commissioner must be given under IC 4-21.5-3-1, unless a person
provides a written request to the department for a different method
of notice that is reasonably available to the department.
(e) The department:
(1) shall make a good faith effort to provide notice of an order
or a determination according to subsection (d); and
(2) bears the burden of persuasion that the notice has been
provided.
(f) Failure to receive notice does not invalidate an order or a
determination, unless the person required to receive notice of an
order or a determination is substantially prejudiced by the lack of
notice. The burden of persuasion as to substantial prejudice is on the
person claiming the lack of notice.
As added by P.L.1-1996, SEC.4. Amended by P.L.263-2013, SEC.1.
IC 13-14-2-2
Entry upon private or public property for inspection by agent
Sec. 2. The department may have a designated agent, upon
presentation of proper credentials, enter upon private or public
property to inspect for and investigate possible violations of any of
the following:
(1) Air pollution control laws.
(2) Water pollution control laws.
(3) Environmental management laws.
(4) IC 13-18-9.
(5) IC 13-18-10.
(6) IC 13-19-3.
(7) Any rule adopted by the board.
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.79.
IC 13-14-2-3
Department to represent state in all matters pertaining to
environmental protection
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Sec. 3. The department may do the following:
(1) Represent the state in all matters pertaining to plans,
procedures, or negotiations for interstate compacts or other
governmental arrangements for environmental protection.
(2) Conduct, convoke, attend, or participate in official or
unofficial conferences or hearings within or outside Indiana
concerning any matter within the scope of the power and duties
of the board or the department.
As added by P.L.1-1996, SEC.4. Amended by P.L.133-2012, SEC.80.
IC 13-14-2-4
Acceptance of gifts or other funds
Sec. 4. The department may accept and receive, on behalf of the
state, any gifts or other money made available to the state from any
source for purposes of:
(1) this title; or
(2) other environmental protection activities, surveys, or
programs.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-5
Contract for legal, professional, and other services
Sec. 5. The commissioner may employ or contract for the legal,
professional, and other personnel and assistance that is necessary for
the efficient performance of duties imposed by this title.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-6
Court actions by commissioner
Sec. 6. Except as provided in IC 13-14-6, the commissioner may
proceed in court, by appropriate action, to:
(1) enforce any final order of the commissioner or the board;
(2) collect any penalties or fees;
(3) procure or secure compliance with this title or any other law
that the department has the duty or power to enforce;
(4) procure compliance with any standard or rule of the board;
(5) enforce a restrictive covenant (as defined in
IC 13-11-2-193.5) in accordance with the terms of the covenant
if the covenant is:
(A) executed before July 1, 2009;
(B) approved by the commissioner; and
(C) created in connection with any:
(i) remediation;
(ii) closure;
(iii) cleanup;
(iv) corrective action; or
(v) determination exercising enforcement discretion or of
no further action being required;
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approved by the department under this title; or
(6) enforce a restrictive covenant (as defined in
IC 13-11-2-193.5) in accordance with the terms of the covenant
if the covenant is:
(A) executed after June 30, 2009; and
(B) created in connection with any of the following
approved by the department under this title:
(i) A remediation.
(ii) A closure.
(iii) A cleanup.
(iv) A corrective action.
(v) A determination exercising enforcement discretion or
of no further action being required.
As added by P.L.1-1996, SEC.4. Amended by P.L.61-2001, SEC.1;
P.L.78-2009, SEC.10; P.L.133-2012, SEC.81.
IC 13-14-2-7
Orders to secure compliance; civil penalties
Sec. 7. Except as provided in IC 13-14-6, the commissioner may
issue orders to:
(1) secure compliance with:
(A) this title; or
(B) any applicable rule of a board; and
(2) assess civil penalties.
As added by P.L.1-1996, SEC.4.
IC 13-14-2-8
Certain restrictive covenants not subject to department approval;
department review and action on certain activities and land use
restrictions
Sec. 8. (a) Subject to subsection (b), a restrictive covenant
executed after June 30, 2009, is not subject to approval by the
department.
(b) The department shall:
(1) review; and
(2) approve, disapprove, or partially approve and partially
disapprove;
activities and land use restrictions described in IC 13-11-2-193.5(2)
that are proposed as part of a remediation, closure, cleanup,
corrective action, or determination exercising enforcement discretion
or of no further action being required to be included in a restrictive
covenant.
As added by P.L.78-2009, SEC.11. Amended by P.L.1-2010, SEC.61.
IC 13-14-2-9
Modification of restrictive covenants; recovery of expenses
incurred
Sec. 9. (a) This section applies to a restrictive covenant created in
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connection with a remediation project conducted under:
(1) IC 13-23;
(2) IC 13-24;
(3) IC 13-25-4; or
(4) IC 13-25-5.
(b) If:
(1) a change of conditions or an advancement in science or
technology permits a modification of the conditions and
restrictions imposed by a restrictive covenant; and
(2) the modification of the conditions and restrictions imposed
by the restrictive covenant would not increase the potential
hazards to human health or the environment;
the commissioner may, under subsection (c), authorize the filing in
the office of the county recorder of a supplemental recording
recognizing the modification of the conditions and restrictions of the
restrictive covenant to reflect the change in conditions or
advancement in science or technology.
(c) The commissioner may authorize the filing of a supplemental
recording under subsection (b) if the owner of the real property that
is subject to the restrictive covenant submits to the department:
(1) a written request for the modification of the covenant;
(2) a copy of the proposed modification of the restrictive
covenant; and
(3) information indicating why the covenant should be
modified.
The information submitted under subdivision (3) must be sufficient
to enable the department to determine whether the proposed
modification of the restrictive covenant will increase the potential
hazards to human health or the environment. The commissioner may
request additional information from the owner of the real property if
necessary to the making of a determination under this subsection.
(d) The board shall adopt rules under IC 4-22-2 and IC 13-14-9
providing for the recovery of administrative and personnel expenses
incurred by the state in evaluating proposed modifications of
restrictive covenants under this section.
As added by P.L.220-2014, SEC.8.
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