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Current as of January 02, 2024 | Updated by FindLaw Staff
Sec. 4. (a) Except where an owner or operator can prove that a release from a petroleum facility was caused by:
(1) an act of God;
(2) an act of war;
(3) negligence on the part of a local government, the state government, or the federal government;
(4) except as provided in subsection (b), an act or omission of a responsible person; or
(5) a combination of the causes set forth in subdivisions (1) through (4);
the owner or operator is liable to the state for the reasonable costs of any response or remedial action taken under section 2 of this chapter involving the petroleum facility. A responsible person is liable to the state for the reasonable costs of any response or remedial action taken under section 2 of this chapter involving the petroleum facility.
(b) The owner, operator, or responsible person is entitled to all rights of the state to recover from another responsible person all or a part of the costs described in subsection (a) incurred or paid to the state by the owner, operator, or responsible person in an action brought in a circuit or superior court with jurisdiction in the county in which the release occurred.
(c) Money recovered by the state under this section in connection with a removal or remedial action undertaken with respect to a release of petroleum shall be deposited in the hazardous substances response trust fund.
(d) The state may recover removal or remedial action costs under this section as follows:
(1) Commence an action under IC 13-14-2-6 or IC 13-14-2-7.
(2) Impose a lien under IC 13-25-4-11 on the property on which the removal or the remedial action was undertaken.
(e) In an administrative action brought under this chapter, an environmental law judge shall apportion the costs of a response or a remedial action in proportion to each party's responsibility for a release.
Cite this article: FindLaw.com - Indiana Code Title 13. Environment § 13-24-1-4 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-13-environment/in-code-sect-13-24-1-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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