Indiana § 13-23-9-1.7 Payment of ELTF claim; cap on expenses paid from ELTF

Indiana Statutes

§ 13-23-9-1.7 — Payment of ELTF claim; cap on expenses paid from ELTF

Indiana § 13-23-9-1.7

Art. 23UNDERGROUND STORAGE TANKS

Ch. 9Payment From Excess Liability Fund

This text of Indiana § 13-23-9-1.7 (Payment of ELTF claim; cap on expenses paid from ELTF) 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 § 13-23-9-1.7 (2026).

Text

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)The expenses described in subsection (a) that are paid from the ELTF in a stat

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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) 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).