First Regular Session 112th General Assembly (2001)


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     SENATE ENROLLED ACT No. 321



     AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 13-14-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: 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 of one (1) of the boards;
        (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; or
        (4) procure compliance with any standard or rule of one (1) of the boards; or
        (5) enforce a restrictive covenant (as defined in IC 13-11-2-193.5) approved by the commissioner and created in connection with any remediation, closure, cleanup, or corrective action under this title in accordance with the terms of the covenant.

    SECTION 2. IC 13-11-2-193.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 193.5. "Restrictive covenant", for purposes of IC 13-14-2-6, means, with respect to land, any deed restriction, restrictive covenant, environmental covenant, environmental notice, or other restriction or obligation that:


        (1) limits the use of the land or the activities that may be performed on or at the land or requires the maintenance of any engineering control on the land designed to protect human health or the environment;
        (2) by its terms is intended to run with the land and be binding on successors;
        (3) is recorded with the county recorder's office in the county in which the land is located; and
        (4) explains how it can be modified or terminated.


SEA 321

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