§ 13-23-13-8 — Liability of owner or operator for costs of corrective action; subrogation; actions to recover costs

Indiana § 13-23-13-8

• Jurisdiction: Indiana
• Art. 23: UNDERGROUND STORAGE TANKS
• Ch. 13: Corrective Actions

Text

(a) Except where an owner or operator can
prove that a release from an underground storage tank or aboveground
storage tank was caused solely by:
(1) an act of God;
(2) an act of war;
(3) negligence on the part of the state or the United States
government; or
(4) any combination of the causes set forth in subdivisions (1)
through (3);
the owner or operator of an underground storage tank or aboveground
storage tank is liable to the state for the actual costs of any corrective
action taken under section 2 of this chapter or IC 13-7-20-19(b) (before
its repeal) involving the underground storage tank or aboveground
storage tank and is responsible for undertaking any corrective action,
including undertaking an exposure assessment, ordered under this
chapter, IC 13-23-14-1, IC 13-7-20-19 (before its repeal), or IC 13-7-20-26 (before its repeal), or required by this title or a rule adopted
under this title.
(b) A person who:
(1) pays to the state the costs described under subsection (a); or
(2) undertakes corrective action resulting from a release from an
underground storage tank or aboveground storage tank, regardless
of whether the corrective action is undertaken voluntarily or under
an order issued under this chapter, IC 13-23-14-1, IC 13-7-20-19
(before its repeal), or IC 13-7-20-26 (before its repeal);
is entitled to receive a contribution from a person who owned or
operated the underground storage tank or aboveground storage tank at
the time the release occurred. A person who brings a successful action
to receive a contribution from an owner or operator is also entitled to
receive reasonable attorney's fees and court costs from the owner or
operator. An action brought under this subsection may be brought in a
circuit or superior court. In resolving a contribution claim, a court may
allocate the cost of a corrective action among the parties to the action
using equitable factors that the court determines are appropriate.
(c) Money recovered by the state under this section in connection
with any corrective action undertaken with respect to a release of
petroleum shall be deposited in the petroleum trust fund.
(d) Money recovered by the state under this section in connection
with any corrective action undertaken with respect to a release of a
regulated substance other than petroleum shall be deposited in the
hazardous substances response trust fund.
(e) The state may recover corrective action costs under this section
in an action commenced under IC 13-14-2-6, IC 13-14-2-7, IC 13-7-5-7
(before its repeal), or IC 13-7-5-8 (before its repeal). An action to
recover corrective action costs under this section may be combined, as
appropriate, with an action to enforce an order issued under section 1
of this chapter or IC 13-7-20-19(a) (before its repeal) to require
corrective action not already undertaken by the commissioner.
[Pre-1996 Recodification Citation: 13-7-20-21.]

Legislative History

As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.56.