2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 23. UNDERGROUND STORAGE TANKS
CHAPTER 9. PAYMENT FROM EXCESS LIABILITY FUND
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IC 13-23-9
Chapter 9. Payment From Excess Liability Fund
IC 13-23-9-1
Repealed
(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 Repealed by P.L.96-2016, SEC.31.)
IC 13-23-9-1.3
Reductions in amount available from ELTF for an eligible release
Sec. 1.3. (a) The total amount otherwise available from the ELTF
in connection with an eligible release shall be reduced by:
(1) a deductible amount of fifteen thousand dollars ($15,000);
and
(2) if applicable, 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 located at the facility from which the release occurred
that:
(A) were due in 1991 or a later year; and
(B) were not paid in the year the fees were originally due;
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 located at the facility from which the release occurred that:
(A) was due in 1991 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.
IC 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 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
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party claims.
(F) Releases that occurred on or after April 1, 1988.
(b) The administrator may also pay ELTF claims for costs not
described in subsection (a) if allowed under rules adopted by the
financial assurance board.
As added by P.L.96-2016, SEC.33.
IC 13-23-9-2
ELTF claims must comply with rules; explanation of reasons for
denial; auditor of state 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 auditor of state 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 auditor of state shall
pay the ELTF claim to the claimant from the ELTF.
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.
IC 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.
IC 13-23-9-3
Requirements for payment of ELTF indemnity claim; attorney
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general approval; auditor of state 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 auditor of
state.
(f) Not more than thirty (30) days after receiving a notice of
approval under subsection (e), the auditor of state 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.
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.
IC 13-23-9-4
Appeal of ELTF claim denial
Sec. 4. If the administrator denies an ELTF claim under this
chapter, the claimant may appeal the denial under IC 4-21.5 to the
office of environmental adjudication under IC 4-21.5-7.
As added by P.L.1-1996, SEC.13. Amended by P.L.25-1997, SEC.15;
P.L.96-2016, SEC.37.
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IC 13-23-9-5
Repealed
(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.)
IC 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.
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