Senate Bill 0460
DIGEST OF SB460 (Updated February 24, 2009 3:59 pm - DI 84)
Environmental land use restrictions. Establishes the institutional control registry administered by the Indiana finance authority (IFA), and establishes the environmental trust fund to fund the registry and the program. Establishes in the registry an inventory and computerized registry of restrictive covenants in Indiana and a computerized registry of environmental restrictive ordinances adopted by Indiana municipal corporations. Requires the IFA to monitor compliance with the covenants, report noncompliance to the department of environmental management (IDEM) and the attorney general, collect fees applied to owners of tracts subject to restrictive covenants, and deposit fee revenue in the environmental trust fund. Establishes consequences for failure to pay the fee. Provides that the state, the IFA, and their officers, agents, and employees are immune from liability for acts or omissions related to maintenance of the inventory and the registries. Provides no person may rely on the accuracy and completeness of information in the inventory and the registries. Requires the IFA to: (1) establish a future sliding fee scale based on the relative costs of monitoring compliance among various tracts of real property subject to restrictive covenants; (2) consider whether a tract owner is a governmental entity; (3) consider means of applying institutional control registry activities to privately established environmental restrictive covenants and those established before registry activities begin; and (4) consider the feasibility of incorporating notice of environmental restrictive covenants and restrictive ordinances into the "One Call" system. Amends the definitions of "owner" and "operator" for purposes of exceptions to liability for releases from underground storage tanks (UST) and of "owner or operator" for purposes of exceptions to liability for releases of petroleum. Expands the application of remediation and closure goals, objectives, and standards. Eliminates the authority of IDEM to approve environmental restrictive covenants, delineates the authority of IDEM to enforce covenants, and eliminates IDEM authority to require compliance reports from property owners. Requires IDEM to review and act on activities and land use restrictions proposed as part of certain actions to be included in a restrictive covenant. Permits reimbursement from the underground petroleum storage tank excess liability trust fund of fees paid by the owner of a tract because the tract is subject to a restrictive covenant established to address issues related to a UST located on the tract. Provides that a covenant not to sue does not apply to future liability for a condition on property involved in a voluntary remediation work plan only if the condition was present on the property at the time IDEM issued the certificate of completion. Allows IDEM to include in a certificate of completion or a covenant not to sue conditions that must be performed or maintained after issuance of the certificate or covenant. With respect to local ordinances that establish certain land use restrictions requires that a municipal corporation give notice to IDEM not later than 60 days before amendment or repeal and to the IFA and IDEM not later than 30 days after passage, amendment, or repeal. Allows IDEM to waive the 60 days notice requirement. Requires IDEM to consider and give effect to environmental restrictive ordinances in evaluating risk based remediation proposals.
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