The commissioner, under rules adopted under IC 13-23-1-2 , may undertake corrective action with respect to any release of a regulated substance into the environment from an underground storage tank or aboveground storage tank if:

1. (1) that action is necessary, in the judgment of the commissioner, to protect human health and the environment; and

2. (2) at least one (1) of the following conditions exists:

   1. (A) A person cannot be found not later than ninety (90) days after a suspected or confirmed release is identified (or a shorter time necessary to protect human health and the environment) who is:

      1. (i) an owner or operator of the underground storage tank or aboveground storage tank;
      2. (ii) subject to the rules concerning corrective action; and
      3. (iii) capable of properly carrying out corrective action with respect to the release.
   2. (B) An existing situation requires prompt action by the commissioner under this section to protect human health and the environment.
   3. (C) The cost of corrective action at the site of an underground storage tank exceeds the amount of financial responsibility required under IC 13-23-1-2 (b)(6), IC 13-23-4-4 , and IC 13-23-4-5 and, considering the class or category of underground storage tank from which the release occurred, expenditures by the state are necessary to ensure an effective corrective action.

   4. (D) The owner or operator of the underground storage tank or aboveground storage tank has failed or refused to comply with an order of the commissioner or a judgment of a court of competent jurisdiction under section 1 of this chapter to take corrective action with respect to the release.

      [Pre-1996 Recodification Citation: 13-7-20-19(b).]

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.51; P.L.135-2026, SEC.252.