§ 13-23-11-7 — Duties of board; department consultation with board; reports on condition of ELTF

(a) The board shall do the following:
(1) Adopt rules under IC 4-22-2 and IC 13-14-9 necessary to do
the following:
(A) Carry out the duties of the board under this article.
(B) Establish standards and procedures under which:
(i) eligible parties may submit ELTF claims; and
(ii) the administrator of the ELTF may pay ELTF claims.
(C) Establish standards for determining the reasonableness and
cost effectiveness of corrective action for purposes of
reimbursement from the ELTF under IC 13-23-9-1.5(a)(1).
(D) Establish standards for priorities in the payment of ELTF
claims, including a priority for claims associated with releases
from USTs and ASTs that pose an immediate and significant
threat to the environment.
(E) Provide reimbursement from the petroleum storage tank
excess liability trust fund for fifty percent (50%) of costs of
decommissioning or replacing underground petroleum storage
tanks that meet the criteria under IC 13-23-9-1.7.
(F) Establish procedures to reopen ELTF eligibility and funding
for a release previously granted "no further action" (NFA)
status by the department should either the department or the
owner of the underground petroleum storage tank or
aboveground petroleum storage tank subsequently decide to
permanently decommission the use of the site as a petroleum
facility and undertake the investigation and remediation of any
residual contamination arising from the site's former use as a
petroleum facility. Before reopening ELTF eligibility and
funding, the administrator may require that the applicant
provide information regarding the planned future use of the site.
(2) Take testimony and receive a written report at every meeting
of the board from the administrator or the administrator's designee
regarding the financial condition and operation of the ELTF,
including:
(A) a detailed breakdown of contractual and administrative
expenses the department is claiming from the ELTF under IC 13-23-7-1(a)(4); and
(B) a claims statistics report consisting of:
(i) the status and amounts of claims submitted to the ELTF;
and
(ii) ELTF claims payments made.
Testimony shall be taken and a written report shall be received
under this subdivision at every meeting of the board. However,
the testimony and written report are not required more than one
(1) time during any thirty (30) day period.
(3) Consult with the department on administration of the ELTF in
developing uniform policies and procedures for revenue
collection and claims administration of the ELTF.
(b) The department shall consult with the board on administration
of the ELTF. The consultation must include evaluation of alternative
means of administering the ELTF in a cost effective and efficient
manner.
(c) At each meeting of the board, the department shall provide the
board with a written report on the financial condition and operation of
the ELTF.
[Pre-1996 Recodification Citation: 13-7-20-35(h).]

Legislative History

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.19; P.L.2-1997, SEC.49; P.L.131-1997, SEC.6; P.L.25-1997, SEC.16; P.L.253-1997(ss), SEC.16; P.L.2-1998, SEC.55; P.L.63-1998, SEC.5; P.L.14-2001, SEC.17; P.L.113-2014, SEC.80; P.L.96-2016, SEC.40; P.L.176-2023, SEC.47.