CHAPTER 9. ENVIRONMENTAL LEGAL ACTIONS

IC 13-30-9
    Chapter 9. Environmental Legal Actions

IC 13-30-9-1
Application of chapter
    Sec. 1. This chapter applies to actions brought by the state or aperson. However, this chapter does not apply to an action brought bythe state if the action arises from a site that:
        (1) is listed on the National Priorities List for hazardoussubstance response sites (40 CFR 300 et seq.);
        (2) scores at least twenty-five (25) under the Indiana scoringmodel under 329 IAC 7; or
        (3) is deemed by the commissioner to pose an imminent threatto human health or the environment.
As added by P.L.59-1997, SEC.23. Amended by P.L.221-2007,SEC.22.

IC 13-30-9-2
Person who may bring action
    Sec. 2. A person may, regardless of whether the person caused orcontributed to the release of a hazardous substance or petroleum intothe surface or subsurface soil or groundwater that poses a risk tohuman health and the environment, bring an environmental legalaction against a person that caused or contributed to the release torecover reasonable costs of a removal or remedial action involvingthe hazardous substances or petroleum.
As added by P.L.59-1997, SEC.23. Amended by P.L.221-2007,SEC.23.

IC 13-30-9-3
Allocation of costs of removal or remedial action
    Sec. 3. (a) In resolving an environmental legal action, a court shallallocate the costs of the removal or remedial action in proportion tothe acts or omissions of each party, without regard to any theory ofjoint and several liability, using legal and equitable factors that thecourt determines are appropriate, including the following:
        (1) The degree of care exercised by each party with respect tothe release of the hazardous substance or petroleum caused orcontributed to by each party.
        (2) The amount and characteristics of the hazardous substanceor petroleum that was released.
        (3) The risks posed by the hazardous substance or petroleumbased on the use of the site at the time the hazardous substanceor petroleum was released into the environment and the costeffectiveness of the removal or remedial action to address therisks.
        (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 directmanagerial 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'sfees, to a party involved in the environmental legal action isappropriate.
        (7) Other equitable factors, including unjust enrichment, thatthe court determines are appropriate.
    (b) Notwithstanding subsection (a), if parties have entered into acontract that allocates the costs or responsibility for the removal orremedial action, the terms of the contract control the allocation ofcosts between the parties to the contract. However, the terms of acontract may not affect the recovery of costs by the state unless thestate is a signatory to the contract.
As added by P.L.59-1997, SEC.23.

IC 13-30-9-4
Payment of unrecovered costs
    Sec. 4. If the commissioner is not able to recover the total costs ofa removal or remedial action from the responsible parties under thischapter, the unrecovered costs may be paid from the hazardoussubstances response trust fund established under IC 13-25-4-1.
As added by P.L.59-1997, SEC.23.

IC 13-30-9-5
Defenses
    Sec. 5. A defendant in an environmental legal action may assertdefenses provided by law or equity, including a defense that damagessuffered by the person who brought the environmental legal actionwere caused in whole or in part by a nonparty.
As added by P.L.59-1997, SEC.23.

IC 13-30-9-6
Restrictions on actions involving underground storage tanks
    Sec. 6. In an action to recover costs associated with a release froman underground storage tank, a person may bring the action under:
        (1) this chapter; or
        (2) IC 13-23-13-8.
A person may not bring the action under both this chapter andIC 13-23-13-8.
As added by P.L.59-1997, SEC.23.

IC 13-30-9-7
Immunity from actions
    Sec. 7. Notwithstanding any provision of this chapter, a personthat receives a covenant not sue under IC 13-25-5-18 is exempt fromsuit as provided in IC 13-25-5-18.
As added by P.L.59-1997, SEC.23.

IC 13-30-9-8
Limited construction
    Sec. 8. This chapter may not be construed to affect any litigation

filed before February 28, 1998, under IC 13-23-13.
As added by P.L.59-1997, SEC.23.