Indiana § 13-23-9-1.5 Costs for which ELTF claims may be paid

Indiana Statutes

§ 13-23-9-1.5 — Costs for which ELTF claims may be paid

Indiana § 13-23-9-1.5

Art. 23UNDERGROUND STORAGE TANKS

Ch. 9Payment From Excess Liability Fund

This text of Indiana § 13-23-9-1.5 (Costs for which ELTF claims may be paid) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 13-23-9-1.5 (2026).

Text

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 b

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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.