13-30-9-2.5. Recovery of Certain Costs
Sec. 2.5. IC 34-11-2-11.5 applies to an environmental legal action brought under section 2 of this chapter. As added by P.L.154-2011, SEC.2.
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: […]
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.
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.
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.
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.
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.
13-30-10-0.1. Repealed
As added by P.L.220-2011, SEC.289. Repealed by P.L.63-2012, SEC.17.
13-30-10-1. Offenses Involving Information
Sec. 1. (a) A person who knowingly or intentionally: (1) makes a false material statement, representation, or certification in any form, notice, or report; or (2) destroys, alters, conceals, withholds, or falsely certifies a record, report, plan or other document; that is required to be filed or maintained under the terms of a permit issued […]
13-30-10-1.5. Offenses Involving Hazardous Waste Management, Air Pollution Control, or Water Pollution Control
Sec. 1.5. (a) Except as provided in subsection (b), a person regulated under IC 13-22 who knowingly: (1) transports hazardous waste to an unpermitted facility; (2) treats, stores, or disposes of hazardous waste without a permit issued by the department under IC 13-22; or (3) transports, treats, stores, disposes, recycles, or causes to be transported […]