Ind. Code § 13-23-9-1 Repealed
[Pre-1996 Recodification Citation: 13-7-20-36.]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.21; P.L.14-2001, SEC.14. Repealed by P.L.96-2016, SEC.31.
Ind. Code ch. 13-23-9
Ind. Code ch. 13-23-9
in effectInd. Code § 13-23-9-1.3 Reductions in amount available from ELTF for eligible release discovered after June 30, 2016; registration fees due in 2014 or later
Sec. 1.3. (a) The total amount otherwise available from the ELTF in connection with an eligible release discovered on or after July 1, 2016, shall be reduced by:
(1) a deductible amount of fifteen thousand dollars ($15,000); and
(2) if any annual registration fees that were due in 2014 or a later year are not paid in full before the submittal of the initial site characterization as required by the rules adopted by the environmental rules board, an additional amount under subsection (b).
(b) The additional amount referred to in subsection (a)(2) is the sum of:
(1) all annual registration fees due under IC 13-23-12-1 for USTs and ASTs, as applicable, located at the facility from which the release occurred that:
(A) were due in 2014 or a later year; and
(B) have not been paid; plus
(2) an additional amount of one thousand dollars ($1,000) for each annual registration fee imposed by IC 13-23-12-1 on a UST and AST, as applicable, located at the facility from which the release occurred that:
(A) was due in 2014 or a later year; and
(B) was not paid in the year the fee was originally due.
As added by P.L.96-2016, SEC.32. Amended by P.L.200-2017, SEC.14; P.L.176-2023, SEC.42.
Ind. Code § 13-23-9-1.5 Costs for which ELTF claims may be paid
Sec. 1.5. (a) The administrator may pay ELTF claims only for costs that:
(1) are reasonable and cost effective; and
(2) result from or reimburse the claimant for the following:
(A) Work performed for site characterization.
(B) Development and implementation of a corrective action plan that:
(i) is approved by the commissioner under rules adopted by the environmental rules board; and
(ii) has not been suspended.
(C) Work performed as part of an emergency response necessary to abate an immediate threat of harm to human health, property, or the environment.
(D) Third party indemnification claims submitted in accordance with section 3 of this chapter.
(E) Reasonable attorney's fees incurred in defense of third party claims.
(F) Releases that occurred on or after April 1, 1988.
(G) Compensation paid by the claimant to technicians for services performed in preparation of the claimant's ELTF claim.
(H) Work performed to decommission or replace an underground petroleum storage tank as provided under section 1.7 of this chapter.
(b) The administrator may also pay ELTF claims for costs not described in subsection (a) if allowed under rules adopted by the petroleum storage tank financial assurance board.
As added by P.L.96-2016, SEC.33. Amended by P.L.200-2017, SEC.15; P.L.176-2023, SEC.43.
Ind. Code § 13-23-9-1.7 Payment of ELTF claim; cap on expenses paid from ELTF
Sec. 1.7. (a) The administrator may pay an ELTF claim for fifty percent (50%) of the costs of decommissioning or replacing an underground petroleum storage tank, provided that:
(1) the applicant is the owner of the tank;
(2) such decommissioning or replacement is necessary, in the judgment of the administrator, to protect human health and the environment considering the age, obsolescence, and level of deterioration of the tank; and
(3) the costs:
(A) are reasonable and cost effective; and
(B) result from or reimburse the claimant for work performed decommissioning the tank or replacing the tank with a new aboveground storage tank as defined in IC 13-11-2-0.4 or underground storage tank as defined in IC 13-11-2-241.
(b) Subject to subsection (c), the expenses described in subsection (a) that are paid from the ELTF in a state fiscal year may not exceed:
(1) ten million dollars ($10,000,000) each year for claims submitted by applicants owning not more than twelve (12) underground petroleum storage tanks;
(2) seven million five hundred thousand dollars ($7,500,000) each year for claims submitted by applicants owning more than twelve (12) but not more than one hundred (100) underground petroleum storage tanks; and
(3) two million five hundred thousand dollars ($2,500,000) each year for claims submitted by applicants owning more than one hundred (100) underground petroleum storage tanks.
(c) At the end of each state fiscal year, any funds that were allocated for the decommissioning or replacement of underground petroleum storage tanks, as described in subsection (b), but that were not spent shall roll over to the next state fiscal year and be used to decommission or replace underground petroleum storage tanks within the same category as allocated in the prior state fiscal year pursuant to subsection (b)(1), (b)(2), and (b)(3).
As added by P.L.176-2023, SEC.44. Amended by P.L.149-2024, SEC.1; P.L.135-2026, SEC.243.
Ind. Code § 13-23-9-2 ELTF claims must comply with rules; explanation of reasons for denial; state comptroller payment
Sec. 2. (a) ELTF claims must be submitted in accordance with rules adopted by the financial assurance board under IC 13-23-11-7(a)(1)(B).
(b) If the administrator denies an ELTF claim, the administrator shall provide the claimant with a written explanation of all reasons for the denial of reimbursement.
(c) The administrator shall forward a copy of a claim approved under this section to the state comptroller not more than seven (7) days after approving the claim.
(d) Not more than thirty (30) days after receiving a copy of an approved ELTF claim under subsection (c), the state comptroller shall pay the ELTF claim to the claimant from the ELTF.
[Pre-1996 Recodification Citations: 13-7-20-37; 13-7-20-39(a).]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.22; P.L.14-2001, SEC.15; P.L.96-2016, SEC.34; P.L.9-2024, SEC.345.
Ind. Code § 13-23-9-2.2 Approval or denial of corrective action plan
Sec. 2.2. (a) The commissioner shall approve or deny a corrective action plan according to section 1.5(a)(2)(B) of this chapter not more than ninety (90) days after receiving the plan.
(b) If the commissioner does not approve or deny a corrective action plan within the period allowed under subsection (a), the administrator shall pay from the ELTF the costs incurred by the claimant in developing the corrective action plan.
(c) If:
(1) a corrective action plan is submitted under section 1.5(a)(2)(B) of this chapter;
(2) the commissioner denies the corrective action plan but allows the claimant to amend and resubmit the corrective action plan; and
(3) the commissioner then approves the corrective action plan because of the amendments;
the administrator shall pay from the ELTF the costs incurred by the claimant in amending and resubmitting the corrective action plan.
As added by P.L.96-2016, SEC.35.
Ind. Code § 13-23-9-3 Requirements for payment of ELTF indemnity claim; attorney general approval; state comptroller payment
Sec. 3. (a) To receive payment of an ELTF indemnity claim, a claimant must:
(1) submit to the administrator a claim, consisting of a request for indemnification of a third party, containing any information required by the administrator; and
(2) forward a copy of the claim to the attorney general for the attorney general's approval.
(b) The attorney general shall approve an ELTF indemnity claim forwarded under subsection (a)(2) if the attorney general determines that there is:
(1) a legally enforceable and final judgment against the claimant caused by a release of petroleum that was not entered as a result of:
(A) fraud;
(B) negligence; or
(C) an inadequate defense on the part of the attorney of the claimant; or
(2) a reasonable settlement between the claimant and the third party.
(c) If the attorney general approves an ELTF indemnity claim under subsection (b), the administrator shall pay the claim if the claimant is in compliance with the requirements of this article and the rules adopted under this article.
(d) The attorney general shall approve or deny an ELTF indemnity claim under subsection (b) not later than sixty (60) days after receiving the request.
(e) Not more than seven (7) days after approving an ELTF indemnity claim under this section, the attorney general shall forward a copy of the attorney general's notice of approval to the state comptroller.
(f) Not more than thirty (30) days after receiving a notice of approval under subsection (e), the state comptroller shall pay to the claimant the approved amount from money available in the ELTF.
(g) If the attorney general denies an ELTF indemnity claim under this section, the attorney general shall notify the claimant and the administrator of the denial not later than ten (10) days after denying the ELTF indemnity claim.
[Pre-1996 Recodification Citations: 13-7-20-38; 13-7-20-39(b).]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.23; P.L.14-2001, SEC.16; P.L.96-2016, SEC.36; P.L.9-2024, SEC.346.
Ind. Code § 13-23-9-4 Repealed
[Pre-1996 Recodification Citation: 13-7-20-40.]
As added by P.L.1-1996, SEC.13. Amended by P.L.25-1997, SEC.15; P.L.96-2016, SEC.37; P.L.128-2024, SEC.28. Repealed by P.L.135-2026, SEC.244.
Ind. Code § 13-23-9-5 Repealed
[Pre-1996 Recodification Citation: 13-7-20-42.]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.24. Repealed by P.L.96-2016, SEC.38.
Ind. Code § 13-23-9-6 Material misstatement with intent to defraud
Sec. 6. A person who, with intent to defraud, knowingly or intentionally makes a material misstatement in connection with a request for payment from the ELTF commits a Level 6 felony.
As added by P.L.137-2007, SEC.26. Amended by P.L.158-2013, SEC.193; P.L.96-2016, SEC.39.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026