1. (a) The commissioner may proceed in court, by appropriate action, to:

   1. (1) compel a responsible person to undertake a removal or remedial action with respect to a release or threatened release of a hazardous substance from a facility or site in Indiana; or

   2. (2) obtain an order to enter upon private or public property to carry out an appropriate response under the environmental management laws if the commissioner cannot identify or locate another person responsible for carrying out the response who:

      1. (A) is willing to carry out the response and capable of doing so; or
      2. (B) can be compelled to carry out the response under subdivision (1).

2. (b) The commissioner may issue an administrative order for the purpose set forth in subsection (a)(1).

   [Pre-1996 Recodification Citation: 13-7-8.7-9.]

As added by P.L.1-1996, SEC.15.