[§128D-18]  Apportionment and contribution. 
(a)  Liability to the State for any costs or expenditures under this chapter
shall be joint and several.  Wholly apart from such liability to the State, as
between parties who are liable under this chapter, there shall be the rights of
apportionment and contribution as provided in this section.



(b)  Any party found liable for any costs or
expenditures may institute an action for apportionment under this section at
any time after receiving an order or after costs or expenditures are incurred
by the liable party.  Any party found liable for any costs or expenditures may
join any other parties that may be liable under section 128D-6 in an action for
apportionment.



(c)  Any action for apportionment under this
section shall be without prejudice to any other action that may be brought by
an objecting party under this chapter.



(d)  Any party who has incurred removal or
remedial action costs in accordance with this chapter may seek contribution or
indemnity from any person who is liable pursuant to this chapter.  An action to
enforce a claim for indemnity or contribution may be brought by any defendant
in an action brought pursuant to this chapter or in a separate action after the
party seeking contribution or indemnity has paid removal or remedial action
costs in accordance with this chapter.  In resolving claims for indemnity or
contribution, the court may allocate costs among liable parties using those
equitable principles which are appropriate.



(e)  Any party who receives compensation for
response costs or damages or claims pursuant to this chapter shall be precluded
from recovering compensation for the same response costs or damages or claims
pursuant to any other state or federal law.  Any party who receives compensation
for response costs or damages or claims pursuant to any other state or federal
law shall be precluded from receiving compensation for the same response costs
of damages or claims as provided in this chapter.



(f)  Any party found liable for any costs or
expenditures under this chapter except under section 128D-5, who establishes by
a preponderance of the evidence that only a portion of those costs or
expenditures are attributable to that party's actions, shall be required to pay
only for that portion.  All recoverable costs or expenditures shall be
allocated by the court.  If any share of the response costs is not paid by a
liable party because of insolvency or otherwise, that share shall be assigned
to an orphan share.  If there is an orphan share, the court shall adjust the
allocations of the remaining liable parties so that in addition to paying their
allocated shares, they proportionately pay the entire orphan share.



(g)  In the process of apportionment of costs
among the parties found liable and the establishment of the orphan share, the
court shall consider the following criteria:



(1)  The volume of hazardous substances transported to
the site by each party.  For purposes of determining volume, the volume of each
transport of a hazardous substance shall be allocated between the arranger for
the transport and the transporter of a hazardous substance in apportioning a
percentage share of response costs;



(2)  The anticipated impact of the hazardous substance
and control of the hazardous substance on the cost of response activity at the
site;



(3)  The degree of care exercised in the disposal or
treatment, or both of the hazardous substance by each party that may be liable
under section 128D-6;



(4)  The manner in which the site was operated and the
degree of care exercised by the owner or operator;



(5)  The degree of a party's involvement in site
operations;



(6)  Whether all applicable permits and licenses
required by law were obtained and complied with;



(7)  The degree to which the party cooperated with
federal, state, or local officials to prevent, minimize, respond to, or remedy
the release or threat of release; and



(8)  Any other aggravating or mitigating factor that
the court determines to be relevant.



(h)  If the court finds the evidence insufficient
to establish each party's portion of the costs or expenditures under subsection
(f), the court shall apportion those costs or expenditures, to the extent
practicable, according to equitable principles, among the parties.



(i)  Any costs or expenditures required by this
chapter made by a liable party shall be credited toward the party's apportioned
share.  Costs shall include reasonable attorney's fees. [L 1991, c 280, pt of
§1]