13-23-13-8. Liability of Owner or Operator for Costs of Corrective Action; Subrogation; Actions to Recover Costs
Sec. 8. (a) Except where an owner or operator can prove that a release from an underground storage tank was caused solely by: (1) an act of God; (2) an act of war; (3) negligence on the part of the state or the United States government; or (4) any combination of the causes set forth […]
13-23-16-4. Information Required in Notice
Sec. 4. Notice provided by a county health officer under section 3 of this chapter must include: (1) the same information reported to the department under 329 IAC 9-4-1(1) or 329 IAC 9-4-4(a); and (2) any other information the county health officer considers necessary or appropriate. As added by P.L.221-2007, SEC.16.
13-23-13-9. Equities for Recovery of Costs
Sec. 9. In determining the equities for seeking the recovery of costs under section 8 of this chapter, the commissioner may consider the following: (1) The amount of financial responsibility required to be maintained under IC 13-23-1-2(c)(6). (2) The factors considered in establishing that amount for underground storage tanks containing petroleum under IC 13-23-4-4. [Pre-1996 […]
13-23-13-10. Agreements to Indemnify, Hold Harmless, or Insure
Sec. 10. (a) An indemnification agreement, a hold harmless agreement, or other similar agreement or conveyance is not effective to transfer the liability imposed under section 8 of this chapter from: (1) the owner or operator of an underground storage tank; or (2) any person who may be liable for a release or threat of […]
13-23-13-11. Subrogation
Sec. 11. This chapter does not bar a cause of action that: (1) an owner or operator; (2) a guarantor; or (3) any other person subject to liability under this article; has or would have, by reason of subrogation or otherwise, against any person. [Pre-1996 Recodification Citation: 13-7-20-23(b).] As added by P.L.1-1996, SEC.13.
13-23-13-12. Duty of Owner or Operator to Furnish Information, Conduct Testing, or Permit Access; Right of Entry
Sec. 12. (a) For the purpose of enabling the commissioner to take or to assess the need for corrective action under this chapter or to enforce this article, an owner or operator of an underground storage tank, upon the request of an officer, an employee, or a designated representative of the department, shall do the […]
13-23-13-13. Emergency Procurement Powers; Actions Authorized Under Federal Law
Sec. 13. (a) This article does not bar the commissioner from using any emergency procurement powers existing under law. (b) This article does not bar the commissioner from taking any actions authorized under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)). [Pre-1996 Recodification Citation: 13-7-20-25.] As added by P.L.1-1996, SEC.13.
13-23-13-14. Lenders Considered to Participate in Management
Sec. 14. For purposes of IC 13-11-2-148(e), IC 13-11-2-150(b), and IC 13-11-2-150(c), a person that is a lender and that holds evidence of ownership primarily to protect a security interest in an underground storage tank shall be considered to participate in management (as defined in IC 13-11-2-151.2) of the underground storage tank only if, while […]
13-23-13-15. Limits on Liability of Fiduciaries
Sec. 15. (a) The liability of a fiduciary under this title for the release or threatened release of a hazardous substance at, from, or in connection with an underground storage tank held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity. (b) Subsection (a) does not apply to the extent […]
13-23-13-16. Presumptions Concerning a Governmental Unit’s Tank Activity on a Brownfield
Sec. 16. (a) A political subdivision or unit of federal or state government that acquired ownership or control of an underground storage tank on a brownfield by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may undertake any activity in conjunction with: (1) investigation or remediation of hazardous substances, petroleum, and other […]