SB 127 Summary

• Requires persons seeking recovery or contribution for underground storage tank (UST) corrective action costs to provide written notice by certified mail, registered mail, US mail, or personal service to all reasonably known responsible parties before incurring significant costs or initiating legal action.

• Limits recovery of corrective action costs and attorney's fees if a responsible party agrees in writing within 90 days to remediate the release in accordance with state rules and department guidelines; recovery is restricted to costs incurred before the agreement date.

• Allows courts to award reasonable corrective action costs, past/present/future remediation costs, and attorney's fees and court costs using equitable factors, and permits cost allocation among multiple parties.

• Permits recovery of reasonable attorney's fees to enforce remediation agreements if the responsible party fails to remediate in substantial compliance with state rules and guidelines.

• Specifies that liability for reasonable corrective action costs applies to owners/operators of USTs at the time of release, and actions may be brought in circuit or superior court under applicable law beyond just UST statutes.