Sec. 15. (a) The liability of a fiduciary under this title for the release or threatened release of a hazardous substance at, from, or in connection with an underground storage tank held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity.
(b) Subsection (a) does not apply to the extent that a person is liable under this title independently of the person's ownership of an underground storage tank as a fiduciary or actions taken in a fiduciary capacity.
(c) Subsections (a) and (d) do not limit the liability pertaining to a release or threatened release of a hazardous substance if negligence of a fiduciary causes or contributes to the release or threatened release.
(d) A fiduciary is not liable in its personal capacity under this title for any of the following:
(1) Undertaking or directing another person to undertake a response action under 42 U.S.C. 9607(d)(1) or under the direction of an on-scene coordinator designated under the National Contingency Plan.
(2) Undertaking or directing another person to undertake other lawful means of addressing a hazardous substance in connection with the underground storage tank.
(3) Terminating the fiduciary relationship.
(4) Including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law, or monitoring, modifying, or enforcing the term or condition.
(5) Monitoring or undertaking at least one (1) inspection of the underground storage tank.
(6) Providing financial advice or other advice or counseling to other parties to the fiduciary relationship, including the settlor or beneficiary.
(7) Restructuring, renegotiating, or otherwise altering the terms and conditions of the fiduciary relationship.
(8) Administering, as a fiduciary, an underground storage tank that was contaminated before the fiduciary relationship began.
(9) Declining to take any of the actions referred to in subdivisions (2) through (8).
(e) This section does not apply to a person if the person:
(1) acts in a capacity other than:
(A) a fiduciary capacity; or
(B) a beneficiary capacity;
and, in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or
(2) is a beneficiary and a fiduciary with respect to the same fiduciary estate and, as a fiduciary, receives benefits that exceed customary or reasonable compensation and incidental benefits permitted under other applicable law.
(f) This section does not preclude a claim against the assets of the estate or trust administered by:
(1) the fiduciary; or
(2) a nonemployee agent or independent contractor retained by a fiduciary.
(g) This section does not:
(1) affect the rights, immunities, or other defenses that are available under:
(A) this title; or
(B) other law that is applicable to a person subject to this chapter; or
(2) create:
(A) any liability for a person; or
(B) a private right of action against a fiduciary or any other person.
As added by P.L.90-1998, SEC.21.
Structure Indiana Code
Article 23. Underground Storage Tanks
Chapter 13. Corrective Actions
13-23-13-0.2. Application of Certain Amendments to Prior Law
13-23-13-1. Issuance of Orders or Corrective Actions
13-23-13-2. Action by Commissioner
13-23-13-3. Exposure Assessment
13-23-13-4. Priority of Orders and Corrective Actions
13-23-13-5. Limited Corrective Actions; Streamlined Administrative Procedures
13-23-13-5.5. Intentional Surface Spill or Overfill; Contribution to Corrective Action Costs Claim
13-23-13-7. Use of Funds for Corrective Actions; Nonpetroleum Underground Storage Tanks
13-23-13-7.5. Recovery of Certain Costs
13-23-13-9. Equities for Recovery of Costs
13-23-13-10. Agreements to Indemnify, Hold Harmless, or Insure
13-23-13-13. Emergency Procurement Powers; Actions Authorized Under Federal Law
13-23-13-14. Lenders Considered to Participate in Management
13-23-13-15. Limits on Liability of Fiduciaries
13-23-13-16. Presumptions Concerning a Governmental Unit's Tank Activity on a Brownfield