The State Cleanup Program manages projects under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S. Code § 9601, et seq.) and the Hazardous Substances Response Trust Fund law (Indiana Code 13-25-4). Owners, operators, or potentially responsible parties are liable for the costs of response or remediation incurred by the state.
The Indiana Department of Environmental Management (IDEM) will seek to recover the oversight costs of the program including, but not limited to, personnel costs associated with technical and legal document reviews, technical letter development, and validation of quality assurance/quality control documentation. IDEM’s Finance Division will bill a responsible party for costs incurred on a monthly basis, and the responsible party will be expected to pay.
Failure to Pay
IDEM may pursue civil litigation to recover outstanding costs if payment is not made. When an IDEM cost recovery account remains unpaid for a period of 90 days or greater, the agency will transfer the account to the Indiana Attorney General’s Office for debt collection. In addition, interest may begin accruing if payment is not received within the specified time frame. IDEM will provide written notification of cost recovery demands to the responsible party and a monthly invoice that outlines owed costs. In most cases, IDEM will not issue “No Further Action” status to a site until it recovers all owed costs.