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 […]
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.
13-30-5-1. Interference With Department Inspection or Investigation
Sec. 1. Except as provided in IC 13-23-14-2 and IC 13-23-14-3, a person who obstructs, delays, resists, prevents, or interferes with: (1) the department; and (2) the department’s personnel or designated agent; in the performance of an inspection or investigation performed under IC 13-14-2-2 commits a Class C infraction. Each day of violation of this […]
13-30-7-1. Correction Period
Sec. 1. Except as provided in sections 3 and 4 of this chapter, if: (1) the department determines that a business has committed a minor violation: (A) of: (i) environmental management laws; (ii) a rule or standard adopted by a board; or (iii) any determination, permit, or order made or issued by the commissioner; (B) […]
13-30-7-2. Exceptions
Sec. 2. The department may decrease the penalty provided in section 1 of this chapter based on: (1) a good faith effort or cooperation of a business required to correct a violation before or after disclosure of the violation; (2) the ability of a business required to correct the violation to pay the penalty; (3) […]
13-30-7-3. Extension of Correction Period
Sec. 3. If: (1) a violation under section 1 of this chapter cannot be corrected; or (2) substantial steps to correct the violation cannot be taken; within ninety (90) days, the department may extend the correction period for one (1) additional ninety (90) day period. [Pre-1996 Recodification Citation: 13-7-5-3.3(h).] As added by P.L.1-1996, SEC.20.