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ARTICLE · 24 FEBRUARY 2010

IDEM Releases Critical Guidance For Indiana Remediation Projects

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People performing remediation projects in Indiana must be intimately familiar with recent guidance released by the Indiana Department of Environmental Management (IDEM) that describes how IDEM intends to comply with new state legislation governing investigation and cleanup projects in Indiana.

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Barnes & Thornburg LLP’S Environmental Law Department
Barnes & Thornburg LLP’S Environmental Law Department
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People performing remediation projects in Indiana must be intimately familiar with recent guidance released by the Indiana Department of Environmental Management (IDEM) that describes how IDEM intends to comply with new state legislation governing investigation and cleanup projects in Indiana. A copy of this guidance is attached. IDEM also just announced the availability of a useful IDEM training webinar discussing this guidance. It can be accessed at http://www.webinar.in.gov/train1162 and is approximately two and a half hours long.

The new legislation (referred to as HEA 1162) was passed in the 2009 General Assembly and mandates that IDEM allow more true "risk-based" approaches to remediation projects that use risk management techniques including institutional controls, environmental restrictive covenants, and the newly-created environmental restrictive ordinances. HEA 1162 materially changes how IDEM approaches remediation projects, and the attached

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