§ 34-11-2-11.5 Recovery of costs for removal, remedial, or corrective action

Codes > Indiana Code > Title 34 > Article 11 : Chapter 2 > 34-11-2-11.5 Recovery

34-11-2-11.5 Recovery of costs for removal, remedial, or corrective action

    Sec. 11.5. (a) As used in this chapter, “person” has the meaning set forth in IC 34-6-2-103(b).

    (b) Subject to subsections (c), (d), and (e), a person may seek to recover the following in an action brought on or after the effective date of this section under IC 13-30-9-2 or IC 13-23-13-8(b) to recover costs incurred for a removal action, a remedial action, or a corrective action:

        (1) The costs incurred not more than ten (10) years before the date the action is brought, even if the person or any other person also incurred costs more than ten (10) years before the date the action is brought.

        (2) The costs incurred on or after the date the action is brought.

    (c) Costs are eligible for recovery under subsection (b) regardless of whether any part of the costs is incurred before the effective date of this section.

    (d) This section does not permit a person to revive or raise new claims in an action brought under IC 13-30-9-2 or IC
13-23-13-8(b) that was finally adjudicated or settled before the effective date of this section.

    (e) Any person that brought an action under IC 13-30-9-2 or IC 13-23-13-8(b) that was not finally adjudicated or settled prior to the effective date of this section may not amend that action, or bring a new action, under this section.