Indiana Code 13-23-13-5.5. Intentional surface spill or overfill; contribution to corrective action costs claim
(b) A person who is liable for corrective action under subsection (a) is subject to a claim for contribution to corrective action costs arising solely from the surface spill or overfill by a person described in section 8(b)(1) or 8(b)(2) of this chapter. Except as otherwise provided in subsections (c) and (d), an action for contribution under this section may be brought in the same manner and is subject to the same provisions as an action brought under section 8(b) of this chapter.
Terms Used In Indiana Code 13-23-13-5.5
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(1) the department; and
(2) each person allegedly responsible for the surface spill or overfill that occurred during the delivery of a regulated substance into the underground storage tank or aboveground storage tank.
(d) A person that provides notice under subsection (c) may not bring a contribution action if:
(1) the department commences an administrative proceeding or a civil action concerning the alleged surface spill or overfill not later than ninety (90) days after receiving notice under subsection (c)(1); or
(2) the person who receives the notice under subsection (c)(2) agrees in writing, within ninety (90) days after receipt of the notice, to remediate the surface spill or overfill in accordance with the state’s rules governing spills and overfills.
As added by P.L.212-1999, SEC.6. Amended by P.L.176-2023, SEC.54.