Sec. 1. This chapter applies to actions brought by the state or a person. However, this chapter does not apply to an action brought by the state if the action arises from a site:
(1) that is listed on the National Priorities List for hazardous substance response sites (40 CFR 300 et seq.);
(2) that:
(A) is considered a high priority site; or
(B) is the site of a release that is considered a high priority release;
under rules adopted by the board under IC 13-25-4-7; or
(3) that is deemed by the commissioner to pose an imminent threat to human health or the environment.