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: (1) that is listed on the National Priorities List for hazardous substance response sites (40 CFR 300 et seq.); (2) that: […]
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 […]
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.
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: […]
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.
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.
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.
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.
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.
