First Regular Session 117th General Assembly (2011)
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HOUSE ENROLLED ACT No. 1200
AN ACT to amend the Indiana Code concerning environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-19-6; (11)HE1200.1.1. -->
SECTION 1. IC 13-19-6 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 6. Liability Limitation for Certain Surficial Activities
Sec. 1. (a) Subject to subsection (b) and except as provided
under existing defenses and exemptions to liability contained in the
environmental management laws, a person who:
(1) owns or otherwise legally possesses real property that is
not more than one (1) acre in size; and
(2) installs only:
(A) pavement or another hard surface; or
(B) landscaping and other surficial plantings;
on the surface of the real property does not incur any additional
liability for those paving or landscaping activities under the
environmental management laws for costs or damages associated
with the presence of a hazardous substance, a contaminant,
petroleum, or a petroleum product that is located beneath the
surface of the real property.
(b) Paving or landscaping activities on real property described
in subsection (a)(2) may not:
(1) impede the effectiveness or integrity of any institutional
control employed on the real property in connection with a
response action at the real property;
(2) violate a land use restriction established or relied on in
connection with a response action at the real property;
(3) result in a release of a hazardous substance, a
contaminant, petroleum, or a petroleum product at the real
(4) exacerbate existing contamination at the real property.
SOURCE: IC 34-30-2-51.2; (11)HE1200.1.2. -->
SECTION 2. IC 34-30-2-51.2 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 51.2. IC 13-19-6 (Concerning
persons who engage in certain surficial activities).
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