2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 23. UNDERGROUND STORAGE TANKS
CHAPTER 8. USE OF MONEY IN EXCESS LIABILITY FUND
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IC 13-23-8
Chapter 8. Use of Money in Excess Liability Fund
IC 13-23-8-1
Repealed
(As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996,
SEC.13; P.L.14-2001, SEC.6. Repealed by P.L.96-2016, SEC.22.)
IC 13-23-8-2
Repealed
(As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001,
SEC.7. Repealed by P.L.96-2016, SEC.23.)
IC 13-23-8-3
Repealed
(As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001,
SEC.8; P.L.75-2007, SEC.2; P.L.221-2007, SEC.14; P.L.159-2011,
SEC.37. Repealed by P.L.96-2016, SEC.24.)
IC 13-23-8-4
Payment of ELTF claims; assignment of right to receive payment
Sec. 4. (a) The administrator shall pay ELTF claims that are:
(1) for costs related to eligible releases;
(2) submitted by eligible parties; and
(3) submitted in accordance with IC 13-23-8 and IC 13-23-9.
(b) An eligible party may assign the right to receive payment of
an ELTF claim to another person.
As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.7;
P.L.9-1996, SEC.14; P.L.2-1997, SEC.48; P.L.131-1997, SEC.3;
P.L.2-1998, SEC.54; P.L.14-2001, SEC.9; P.L.19-2012, SEC.2;
P.L.13-2013, SEC.48; P.L.244-2013, SEC.2; P.L.96-2016, SEC.25.
IC 13-23-8-4.5
Repealed
(As added by P.L.67-1996, SEC.8. Amended by P.L.14-2001,
SEC.10. Repealed by P.L.96-2016, SEC.26.)
IC 13-23-8-5
Repealed
(As added by P.L.1-1996, SEC.13. Repealed by P.L.96-2016,
SEC.27.)
IC 13-23-8-6
Payment of claims if ELTF balance is low
Sec. 6. (a) If the balance in the ELTF drops below twenty-five
million dollars ($25,000,000), the administrator shall pay claims
according to the priority payment system established by rules
adopted by the financial assurance board under
Indiana Code 2016
IC 13-23-11-7(a)(1)(D).
(b) If the balance in the ELTF is insufficient to pay:
(1) ELTF claims; and
(2) necessary personnel and administrative expenses associated
with the ELTF;
the administrator of the ELTF shall cease paying claims, and
claimants may not use the ELTF to satisfy any financial
responsibility requirements.
As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.11;
P.L.1-2002, SEC.66; P.L.96-2016, SEC.28.
IC 13-23-8-7
Discrimination prohibited; no enforceable right to payment of
claim
Sec. 7. (a) The department, with respect to payment of claims,
may not discriminate against any claimant. However, subject to this
chapter, a claimant does not have an enforceable right to the payment
of an ELTF claim.
(b) This chapter does not create any obligation on the part of the
state other than as specifically provided in this article.
As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.12;
P.L.96-2016, SEC.29.
IC 13-23-8-8
Limits on payments from the ELTF
Sec. 8. (a) The administrator of the ELTF:
(1) shall not pay more than two million five hundred thousand
dollars ($2,500,000) from the ELTF per eligible release; and
(2) shall not pay any eligible party more than ten million dollars
($10,000,000) from the ELTF per fiscal year.
(b) After an eligible party has submitted multiple ELTF claims for
a total of at least ten million dollars ($10,000,000) in a fiscal year,
the eligible party is ineligible to submit any other ELTF claim during
that fiscal year.
(c) If the right to receive money from the fund under this chapter
is assigned as described in section 4(b) of this chapter, payments
made to one (1) or more assignees shall be considered payments to
the assignor for purposes of the limits established in subsection (a).
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.15;
P.L.14-2001, SEC.13; P.L.96-2016, SEC.30.
Indiana Code 2016
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