Indiana § 13-23-13-5.5 Intentional surface spill or overfill; contribution to corrective action
costs claim

Indiana Statutes

§ 13-23-13-5.5 — Intentional surface spill or overfill; contribution to corrective action costs claim

Indiana § 13-23-13-5.5

Art. 23UNDERGROUND STORAGE TANKS

Ch. 13Corrective Actions

This text of Indiana § 13-23-13-5.5 (Intentional surface spill or overfill; contribution to corrective action costs claim) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 13-23-13-5.5 (2026).

Text

5.

(a)Notwithstanding any other provision of this chapter, a person who is not an owner or operator of an underground storage tank or an aboveground storage tank is liable to the state only for corrective action to address a surface spill or overfill of a regulated substance from the underground storage tank or aboveground storage tank that is intentionally caused by the person during the delivery of the regulated substance into the underground storage tank or aboveground storage tank.

(b)A person who is liable for corrective action under subsection (a) is subject to a claim for contribution to corrective action costs arising solely from the surface spill or overfill by a person described in section 8(b)(1) or 8(b)(2) of this chapter. Except as otherwise provided in subsections (c) and (

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5. (a) Notwithstanding any other provision
of this chapter, a person who is not an owner or operator of an
underground storage tank or an aboveground storage tank is liable to
the state only for corrective action to address a surface spill or overfill
of a regulated substance from the underground storage tank or
aboveground storage tank that is intentionally caused by the person
during the delivery of the regulated substance into the underground
storage tank or aboveground storage tank.
(b) A person who is liable for corrective action under subsection (a)
is subject to a claim for contribution to corrective action costs arising
solely from the surface spill or overfill by a person described in section
8(b)(1) or 8(b)(2) of this chapter. Except as otherwise provided in
subsections (c) and (d), an action for contribution under this section
may be brought in the same manner and is subject to the same
provisions as an action brought under section 8(b) of this chapter.
(c) Before a person brings a contribution action under this section,
the person must provide written notice of intent to bring the action by
certified mail to:
(1) the department; and
(2) each person allegedly responsible for the surface spill or
overfill that occurred during the delivery of a regulated substance
into the underground storage tank or aboveground storage tank.
(d) A person that provides notice under subsection (c) may not bring
a contribution action if:
(1) the department commences an administrative proceeding or
a civil action concerning the alleged surface spill or overfill not
later than ninety (90) days after receiving notice under subsection
(c)(1); or
(2) the person who receives the notice under subsection (c)(2)
agrees in writing, within ninety (90) days after receipt of the
notice, to remediate the surface spill or overfill in accordance
with the state's rules governing spills and overfills.