Section 13-23-13-16 - Presumptions concerning a governmental unit's tank activity on a brownfield(a) A political subdivision or unit of federal or state government that acquired ownership or control of an underground storage tank or aboveground storage tank on a brownfield by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may undertake any activity in conjunction with: (1) investigation or remediation of hazardous substances, petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or(2) monitoring or closure of an: (A) underground storage tank; or(B) aboveground storage tank; without being considered as contributing to the existing release or threatened release of a regulated substance on, in, or at the brownfield unless existing contamination on the brownfield is exacerbated due to gross negligence or intentional misconduct by the political subdivision or unit of federal or state government.
(b) For purposes of subsection (a), reckless, willful, or wanton misconduct constitutes gross negligence.Amended by P.L. 176-2023,SEC. 61, eff. 7/1/2023.As added by P.L. 221-2007, SEC.15.