Indiana § 13-24-1-4 Liability for response or remedial action costs; recovery from other
responsible persons of costs paid to state; deposit of funds recovered;
removal or remedial action costs; administrative costs

Indiana Statutes

§ 13-24-1-4 — Liability for response or remedial action costs; recovery from other responsible persons of costs paid to state; deposit of funds recovered; removal or remedial action costs; administrative costs

Indiana·Art. 24 PETROLEUM·Ch. 1 Petroleum Releases

(a)Except where an owner or operator can prove that a release from a petroleum facility was caused by:

(1)an act of God;

(2)an act of war;

(3)negligence on the part of a local government, the state government, or the federal government;

(4)except as provided in subsection (b), an act or omission of a responsible person; or

(5)a combination of the causes set forth in subdivisions (1) through (4); the owner or operator is liable to the state for the reasonable costs of any response or remedial action taken under section 2 of this chapter involving the petroleum facility. A responsible person is liable to the state for the reasonable costs of any response or remedial action taken under section 2 of this chapter involving the petroleum facility.

(b)The owner, operator, or responsible pe

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Except where an owner or operator can
prove that a release from a petroleum facility was caused by:
(1) an act of God;
(2) an act of war;
(3) negligence on the part of a local government, the state
government, or the federal government;
(4) except as provided in subsection (b), an act or omission of a
responsible person; or
(5) a combination of the causes set forth in subdivisions (1)
through (4);
the owner or operator is liable to the state for the reasonable costs of
any response or remedial action taken under section 2 of this chapter
involving the petroleum facility. A responsible person is liable to the
state for the reasonable costs of any response or remedial action taken
under section 2 of this chapter involving the petroleum facility.
(b) The owner, operator, or responsible person is entitled to all
rights of the state to recover from another responsible person all or a
part of the costs described in subsection (a) incurred or paid to the state
by the owner, operator, or responsible person in an action brought in a
circuit or superior court with jurisdiction in the county in which the
release occurred.
(c) Money recovered by the state under this section in connection
with a removal or remedial action undertaken with respect to a release
of petroleum shall be deposited in the hazardous substances response
trust fund.
(d) The state may recover removal or remedial action costs under
this section as follows:
(1) Commence an action under IC 13-14-2-6 or IC 13-14-2-7.
(2) Impose a lien under IC 13-25-4-11 on the property on which
the removal or the remedial action was undertaken.
(e) In an administrative action brought under this chapter, an
administrative law judge shall apportion the costs of a response or a
remedial action in proportion to each party's responsibility for a release.
[Pre-1996 Recodification Citation: 13-7-20.1-9.]

Indiana § 13-24-1-4 (Liability for response or remedial action costs; recovery from other responsible persons of costs paid to state; deposit of funds recovered; removal or remedial action costs; administrative costs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.