Indiana § 13-23-13-5.5 - Intentional surface spill or overfill; contribution to corrective action costs claim
Full text of Indiana Indiana Code § 13-23-13-5.5 — Intentional surface spill or overfill; contribution to corrective action costs claim, with citation guidance and answers to common questions.
§ 13-23-13-5.5. Intentional surface spill or overfill; contribution to corrective action costs claim
Sec. 5.5. (a) Notwithstanding any other provision of this chapter, a person who is not an owner or operator of an underground storage tank or an aboveground storage tank is liable to the state only for corrective action to address a surface spill or overfill of a regulated substance from the underground storage tank or aboveground storage tank that is intentionally caused by the person during the delivery of the regulated substance into the underground storage tank or aboveground storage tank.
(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.
(c) Before a person brings a contribution action under this section, the person must provide written notice of intent to bring the action by certified mail to:
(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.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 13-23-13-5.5
What does Indiana Code § 13-23-13-5.5 cover?
Section 13-23-13-5.5 ("Intentional surface spill or overfill; contribution to corrective action costs claim") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 13-23-13-5.5?
A common citation format is "Indiana Code § 13-23-13-5.5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 13-23-13-5.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.