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.