1. (a) Except where an owner or operator can prove that a release from a petroleum facility was caused by:

   1. (1) an act of God;
   2. (2) an act of war;
   3. (3) negligence on the part of a local government, the state government, or the federal government;
   4. (4) except as provided in subsection (b), an act or omission of a responsible person; or

   5. (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.

2. (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.
3. (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.

4. (d) The state may recover removal or remedial action costs under this section as follows:

   1. (1) Commence an action under IC 13-14-2-6 or IC 13-14-2-7 .
   2. (2) Impose a lien under IC 13-25-4-11 on the property on which the removal or the remedial action was undertaken.

5. (e) In an administrative action brought under this chapter, an administrative law judge shall apportion the costs of a response or a remedial action in proportion to each party's responsibility for a release.

   [Pre-1996 Recodification Citation: 13-7-20.1-9.]

As added by P.L.1-1996, SEC.14. Amended by P.L.25-1997, SEC.17; P.L.128-2024, SEC.29.