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Projects that are managed by the State Cleanup Section are either under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601, et. Seq), Indiana's Hazardous Substance Response Trust Fund law (IC 13-25-4), and/or Indiana's Petroleum Releases law (IC 13-24-1).
In accordance with these laws, an owner, operator, or responsible person is liable for the costs of response or remediation incurred by the State (42 U.S.C. § 9607(a), IC 13-25-4-8, and/or IC 13-24-1-4).
Costs IDEM will seek to recover include personnel costs, including but not limited to: document reviews by technical and legal staff, comment letters, and validation of quality assurance/quality control documentation. The IDEM General Accounting Office will bill a Responsible Party (RP) for costs incurred, and the RP will be held responsible for payment. For most sites, invoices are prepared and sent on a quarterly schedule, and cover the previous fiscal quarter.
Pursuant to IC13-23-13-8(d), IC 13-24-1-4, and/or IC 13-25-4-8, IDEM may pursue civil litigation to recover these outstanding costs if payment is not made. If a specific IDEM cost recovery account remains unpaid for a period of 150 days or greater the account will be transferred to the Indiana Attorney General’s Office for collection of the unpaid debt. In addition, interest may begin accruing if payment is not received within the specified timeframe. The RP will be notified in writing of cost recovery demands, and an invoice will be sent that outlines costs owed. In most cases, the State Cleanup Section will not issue No Further Action status to a site until all costs owed have been recovered.