Indiana Code
Ind. Code § 13-30-9-6 (2026)
Restrictions on actions involving underground storage tanks
✓ current as of May 2026
Sec. 6. In an action to recover costs associated with a release from an underground storage tank, a person may bring the action under:
(1) this chapter; or
(2) IC 13-23-13-8.
A person may not bring the action under both this chapter and IC 13-23-13-8.
As added by P.L.59-1997, SEC.23.
Notes of Decisions
Cited in 6
cases, 2009–2014 · leading case: Cooper Indus., LLC v. City of South Bend, 899 N.E.2d 1274 (Ind. 2009).
Cooper Indus., LLC v. City of South Bend, 899 N.E.2d 1274 (Ind. 2009). “” Ind.Code § 13-30-9-6. This clause does not refer to an action brought under the USTA but to an action brought based on facts that would also produce a claim under the USTA.”
Bernstein v. Bankert, 733 F.3d 190 (7th Cir. 2012). “Code § 13-23-13-8(b)(2). In fact, the two remedies are so substantively similar that the Indiana Code gives plaintiffs ag *218 grieved by a release from an underground tank the option of choosing between the two.”
Peniel Grp., Inc. v. Bannon, 973 N.E.2d 575 (Ind. Ct. App. 2012). “at 1282 (citing Indiana Code section 13-30-9-6). . Section 113(f)(2) of CERCLA provides: "A person who has resolved its liability to the United States or a State in an administrative or judicially approved settlement shall not be liable for claims for contribution regarding…”
Norman Bernstein v. Patricia Banker, 702 F.3d 964 (7th Cir. 2012). “The USTA is similar to the ELA in that it creates a cause of action for a person who “undertakes corrective action resulting from a release from an underground storage tank, regardless of whether the corrective action is undertaken voluntarily or under an [administrative]…”
JDN Props., LLC v. Vanmeter Enter., Inc., 17 N.E.3d 357 (Ind. Ct. App. 2014). “Ind.Code § 13-30-9-6. 2 . There is no contention in this case that the petroleum leakage did not ”pose[] a risk to human health and the environment” as required to impose remediation liability under the ELA.”
The Peniel Grp., Inc. & Beech Grove Holdings, LLC v. Elizabeth Bannon, Kenneth G. Schaefer, Linda A. Schaefer, Norma Thinnes, Betty Benefiel, Janet Beeler, Charles Dodson & Beth Dodson (Ind. Ct. App. 2012). “at 1282 (citing Indiana Code section 13-30-9-6). 12 the contribution claim asserted under Indiana’s Underground Storage Tanks Act (“USTA”), which is a separate environmental provision).”
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