§ 13-30-9-3 — Allocation of costs of removal or remedial action

Indiana § 13-30-9-3

• Jurisdiction: Indiana
• Art. 30: ENFORCEMENT AND LEGAL ACTIONS
• Ch. 9: Environmental Legal Actions

Text

(a) In resolving an environmental legal action,
a court shall allocate the costs of the removal or remedial action in
proportion to the acts or omissions of each party, without regard to any
theory of joint and several liability, using legal and equitable factors
that the court determines are appropriate, including the following:
(1) The degree of care exercised by each party with respect to the
release of the hazardous substance or petroleum caused or
contributed to by each party.
(2) The amount and characteristics of the hazardous substance or
petroleum that was released.
(3) The risks posed by the hazardous substance or petroleum
based on the use of the site at the time the hazardous substance or
petroleum was released into the environment and the cost
effectiveness of the removal or remedial action to address the
risks.
(4) Whether a party's acts or omissions violated a federal, state, or
local statute, rule, regulation, or ordinance.
(5) The extent to which each party exercised actual and direct
managerial control over the site where the hazardous substance or
petroleum was released at the time of the release.
(6) Whether an award of reasonable costs, including attorney's
fees, to a party involved in the environmental legal action is
appropriate.
(7) Other equitable factors, including unjust enrichment, that the
court determines are appropriate.
(b) Notwithstanding subsection (a), if parties have entered into a
contract that allocates the costs or responsibility for the removal or
remedial action, the terms of the contract control the allocation of costs
between the parties to the contract. However, the terms of a contract
may not affect the recovery of costs by the state unless the state is a
signatory to the contract.

Legislative History

As added by P.L.59-1997, SEC.23.