§ 13-25-4-10 — Actions to recover costs and damages; punitive damages; deposit of recovery

(a) The commissioner may proceed in the
appropriate court to recover costs and damages for which a responsible
person is liable to the state under any of the following:
(1) Section 107 of CERCLA (42 U.S.C. 9607).
(2) Section 8 of this chapter.
(3) This section.
(b) In addition to the recovery allowed under subsection (a) and the
civil penalty provisions of IC 13-30-4-1 and IC 13-30-4-2, a person
that:
(1) is liable for a release or threat of release of a hazardous
substance; and
(2) fails, without sufficient cause, to properly provide removal or
remedial action upon order of a court under section 9 of this
chapter;
is liable for punitive damages.
(c) The commissioner may commence a civil action against a person
described in subsection (b) to recover punitive damages. In the action,
the commissioner may seek and the court may grant an award of
punitive damages against a person described in subsection (b) for up
to three hundred percent (300%) of the total costs incurred by the
department as a result of that person's failure to properly provide
removal or remedial action upon the order of a court. However, any
recovery in the action is subject to offset by the amount of any civil
penalty paid by the person under IC 13-30-4-1 and IC 13-30-4-2 based
upon the release, the threatened release, or the person's failure to
properly provide removal or remedial action.
(d) Costs, damages, and punitive damages awarded under this
section shall be deposited in the fund.
[Pre-1996 Recodification Citation: 13-7-8.7-10.]

Legislative History

As added by P.L.1-1996, SEC.15.