§ 13-25-4-8 — Liability of a person to the state; exceptions; presumptions concerning releases

(a) Except as provided in subsection (b), (c),
or (d), a person that is liable under Section 107(a) of CERCLA (42
U.S.C. 9607(a)) for:
(1) the costs of removal or remedial action incurred by the
commissioner consistent with the national contingency plan;
(2) the costs of any health assessment or health effects study
carried out by or on behalf of the commissioner under Section
104(i) of CERCLA (42 U.S.C. 9604(i)); or
(3) damages for:
(A) injury to;
(B) destruction of; or
(C) loss of;
natural resources of Indiana;
is liable, in the same manner and to the same extent, to the state under
this section.
(b) The exceptions provided by Sections 107(b), 107(q), and 107(r)
of CERCLA 42 U.S.C. 9607(b), 42 U.S.C. 9607(q), and 42 U.S.C.
9607(r)) to liability otherwise imposed by Section 107(a) of CERCLA
(42 U.S.C. 9607(a)) are equally applicable to any liability otherwise
imposed under subsection (a).
(c) Notwithstanding any liability imposed by the environmental
management laws:
(1) a lender that meets, for purposes of the determination under
this section of liability for a release of hazardous substances, the
exception criteria under Section 101(20)(E) of CERCLA (42
U.S.C. 9601(20)(E));
(2) a secured or unsecured creditor; or
(3) a fiduciary;
is not liable under the environmental management laws, in connection
with the release or threatened release of a hazardous substance from a
facility unless the lender, the fiduciary, or creditor has participated in
the management of the hazardous substance at the facility.
(d) Notwithstanding any liability imposed by the environmental
management laws, the liability of a fiduciary for a release or threatened
release of a hazardous substance from a facility that is held by the
fiduciary in its fiduciary capacity may be satisfied only from the assets
held by the fiduciary in the same estate or trust as the facility that gives
rise to the liability.
(e) Except as provided in subsection (g), a political subdivision (as
defined in IC 36-1-2-13) or unit of federal or state government is not
liable to the state under this section for costs or damages associated
with the presence of a hazardous substance on, in, or at a property in
which the political subdivision or unit of federal or state government
acquired an interest because of:
(1) bankruptcy;
(2) foreclosure;
(3) tax delinquency, including an acquisition under IC 6-1.1-24 or
IC 6-1.1-25;
(4) abandonment;
(5) the exercise of eminent domain, including any purchase of
property once an offer to purchase has been tendered under IC 32-24-1-5;
(6) receivership;
(7) transfer from another political subdivision or unit of federal or
state government;
(8) acquiring an area needing redevelopment (as defined in IC 36-7-1-3) or conducting redevelopment activities, specifically
under IC 36-7-14-22.2, IC 36-7-14-22.5, IC 36-7-15.1-15.1, IC 36-7-15.1-15.2, and IC 36-7-15.1-15.5;
(9) other circumstances in which the political subdivision or unit
of federal or state government involuntarily acquired ownership
or control because of the political subdivision's or unit's function
as sovereign; or
(10) any other means to conduct remedial actions on a brownfield.
(f) If a transfer of an interest in property as described in subsection
(e) occurs, a person who owned, operated, or otherwise controlled the
property immediately before the political subdivision or unit of federal
or state government acquired the interest in the property remains liable
under this section:
(1) in the same manner; and
(2) to the same extent;
as the person was liable immediately before the person's interest in the
property was acquired by the political subdivision or unit of federal or
state government.
(g) Notwithstanding subsection (e), a political subdivision or unit of
federal or state government that causes or contributes to the release or
threatened release of a hazardous substance on, in, or at a property
remains subject to this section:
(1) in the same manner; and
(2) to the same extent;
as a nongovernmental entity under this section.
(h) Except as provided in subsection (i), a nonprofit corporation is
not liable to the state under this section for costs or damages associated
with the presence of a hazardous substance on, in, or at a property in
which the nonprofit corporation acquired an interest to assist and
support a political subdivision's revitalization and reuse of a brownfield
for noncommercial purposes, including conservation, preservation, and
recreation.
(i) Notwithstanding subsection (h), a nonprofit corporation that
causes or contributes to a release or threatened release of a hazardous
substance on, in, or at a property remains subject to this section:
(1) in the same manner; and
(2) to the same extent;
as any other nongovernmental entity under this section.
(j) A political subdivision or unit of federal or state government that
establishes an exemption or defense under subsection (b) or (e) may
undertake any activity related to:
(1) investigation, removal, or remedial action on a brownfield,
including complying with land use restrictions and institutional
controls; or
(2) monitoring or closure of an underground storage tank;
without being considered as contributing to the existing release or
threatened release of hazardous substances on, in, or at the brownfield
unless existing contamination on the brownfield is exacerbated due to
gross negligence or intentional misconduct by the political subdivision
or unit of federal or state government.
(k) For purposes of subsection (j), reckless, willful, or wanton
misconduct constitutes gross negligence.
[Pre-1996 Recodification Citation: 13-7-8.7-8(c), (d), (e),
(f), (g).]

Legislative History

As added by P.L.1-1996, SEC.15. Amended by P.L.59-1997, SEC.15; P.L.90-1998, SEC.24; P.L.25-2005, SEC.3; P.L.208-2005, SEC.13; P.L.1-2006, SEC.205; P.L.221-2007, SEC.17; P.L.159-2011, SEC.39.