Sec. 10. (a) The commissioner may proceed in the appropriate court to recover costs and damages for which a responsible person is liable to the state under any of the following:

(1) Section 107 of CERCLA (42 U.S.C. § 9607).

(2) Section 8 of this chapter.

(3) This section.

     (b) In addition to the recovery allowed under subsection (a) and the civil penalty provisions of IC 13-30-4-1 and IC 13-30-4-2, a person that:

(1) is liable for a release or threat of release of a hazardous substance; and

(2) fails, without sufficient cause, to properly provide removal or remedial action upon order of a court under section 9 of this chapter;

is liable for punitive damages.

     (c) The commissioner may commence a civil action against a person described in subsection (b) to recover punitive damages. In the action, the commissioner may seek and the court may grant an award of punitive damages against a person described in subsection (b) for up to three hundred percent (300%) of the total costs incurred by the department as a result of that person’s failure to properly provide removal or remedial action upon the order of a court. However, any recovery in the action is subject to offset by the amount of any civil penalty paid by the person under IC 13-30-4-1 and IC 13-30-4-2 based upon the release, the threatened release, or the person’s failure to properly provide removal or remedial action.

     (d) Costs, damages, and punitive damages awarded under this section shall be deposited in the fund.

[Pre-1996 Recodification Citation: 13-7-8.7-10.]

As added by P.L.1-1996, SEC.15.