IC 13-30-9-1 Application of chapter
Sec. 1. This chapter applies to actions brought by the state or a
person. However, this chapter does not apply to an action brought by
the state if the action arises from a site that:
(1) is listed on the National Priorities List for hazardous
substance response sites (40 CFR 300 et seq.);
(2) scores at least twenty-five (25) under the Indiana scoring
model under 329 IAC 7; or
(3) is deemed by the commissioner to pose an imminent threat
to 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 or
contributed to the release of a hazardous substance or petroleum into
the surface or subsurface soil or groundwater that poses a risk to
human health and the environment, bring an environmental legal
action against a person that caused or contributed to the release to
recover reasonable costs of a removal or remedial action involving
the 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 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. 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 of
a removal or remedial action from the responsible parties under this
chapter, the unrecovered costs may be paid from the hazardous
substances 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 assert
defenses provided by law or equity, including a defense that damages
suffered by the person who brought the environmental legal action
were 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 from
an 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 and
IC 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 person
that receives a covenant not sue under IC 13-25-5-18 is exempt from
suit 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.
IC 13-30-9-1 Application of chapter
Sec. 1. This chapter applies to actions brought by the state or a
person. However, this chapter does not apply to an action brought by
the state if the action arises from a site that:
(1) is listed on the National Priorities List for hazardous
substance response sites (40 CFR 300 et seq.);
(2) scores at least twenty-five (25) under the Indiana scoring
model under 329 IAC 7; or
(3) is deemed by the commissioner to pose an imminent threat
to 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 or
contributed to the release of a hazardous substance or petroleum into
the surface or subsurface soil or groundwater that poses a risk to
human health and the environment, bring an environmental legal
action against a person that caused or contributed to the release to
recover reasonable costs of a removal or remedial action involving
the 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 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. 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 of
a removal or remedial action from the responsible parties under this
chapter, the unrecovered costs may be paid from the hazardous
substances 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 assert
defenses provided by law or equity, including a defense that damages
suffered by the person who brought the environmental legal action
were 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 from
an 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 and
IC 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 person
that receives a covenant not sue under IC 13-25-5-18 is exempt from
suit 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.
IC 13-30-9-1 Application of chapter
Sec. 1. This chapter applies to actions brought by the state or a
person. However, this chapter does not apply to an action brought by
the state if the action arises from a site that:
(1) is listed on the National Priorities List for hazardous
substance response sites (40 CFR 300 et seq.);
(2) scores at least twenty-five (25) under the Indiana scoring
model under 329 IAC 7; or
(3) is deemed by the commissioner to pose an imminent threat
to 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 or
contributed to the release of a hazardous substance or petroleum into
the surface or subsurface soil or groundwater that poses a risk to
human health and the environment, bring an environmental legal
action against a person that caused or contributed to the release to
recover reasonable costs of a removal or remedial action involving
the 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 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. 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 of
a removal or remedial action from the responsible parties under this
chapter, the unrecovered costs may be paid from the hazardous
substances 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 assert
defenses provided by law or equity, including a defense that damages
suffered by the person who brought the environmental legal action
were 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 from
an 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 and
IC 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 person
that receives a covenant not sue under IC 13-25-5-18 is exempt from
suit 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.
