(a)The Agency may seek recovery from a potentially responsible party liable for a release that is the subject of a remedial action and for which the Fund has expended moneys for remedial action. The amount of recovery sought by the Agency shall be equal to all moneys expended by the Fund for and in connection with the remediation, including, but not limited to, reasonable attorney's fees and costs of litigation expended by the Fund in connection with the release.
(b)Except as provided in subsections (c) and (d):
(1)The Agency shall not seek recovery for expenses in connection with remedial action for a release from a claimant eligible for reimbursement except for any unpaid portion of the deductible.
(2)A claimant's liability for a release for which coverage is admitted under the insur
Free access — add to your briefcase to read the full text and ask questions with AI
(a) The Agency may seek recovery from a potentially responsible party liable for a release that is the subject of a remedial action and for which the Fund has expended moneys for remedial action. The amount of recovery sought by the Agency shall be equal to all moneys expended by the Fund for and in connection with the remediation, including, but not limited to, reasonable attorney's fees and costs of litigation expended by the Fund in connection with the release. (b) Except as provided in subsections (c) and (d): (1) The Agency shall not seek recovery for expenses in connection with remedial action for a release from a claimant eligible for reimbursement except for any unpaid portion of the deductible. (2) A claimant's liability for a release for which coverage is admitted under the insurance account shall not exceed the amount of the deductible, subject to the limits of insurance coverage. (c) Notwithstanding subsection (b), the liability of a claimant to the Fund shall be the total costs of remedial action incurred by the Fund, as specified in subsection (a), if the claimant has not complied with the Environmental Protection Act, this Act, or rules adopted under either Act. (d) Notwithstanding subsection (b), the liability of a claimant to the Fund shall be the total costs of remedial action incurred by the Fund, as specified in subsection (a), if the claimant received reimbursement from the Fund through misrepresentation or fraud, and the claimant shall be liable for the amount of the reimbursement. (e) Upon reimbursement by the Fund for remedial action under this Act, the rights of the claimant to recover payment from a potentially responsible party are assumed by the Agency to the extent the remedial action was paid by the Fund. A claimant is precluded from receiving double compensation for the same injury. A claimant may elect to permit the Agency to pursue the claimant's cause of action for an injury not compensated by the Fund against a potentially responsible party, provided the Attorney General or his or her designee determines the representation would not be a conflict of interest. (f) This Section does not preclude, limit, or in any way affect any of the provisions of or causes of action pursuant to Section 22.2 of the Environmental Protection Act. (g) Any cost recovery action commenced before July 1, 2020, by the Council, pursuant to this Section, may be prosecuted or continued by the Attorney General on and after that date. (h) All costs recovered under this Section shall be deposited into the Fund.