reglab/housing_qa huggingface dataset:
IN Code § 13-23-4-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 4. Financial Responsibility|13-23-4-4. Underground Storage Tanks Containing Petroleum; Minimum Coverage Amounts; Classes and Categories

Sec. 4. (a) The rules adopted under IC 13-23-1-2(c)(6) may require a minimum amount of coverage for particular classes or categories of underground storage tanks containing petroleum. Minimum coverage amounts established under this subsection must be at least one million dollars ($1,000,000) for each occurrence, with an appropriate aggregate amount.(b) The board may by rule set minimum coverage amounts lower than the amount set forth in subsection (a) for underground storage tanks containing petroleum that are:(1) not located at facilities engaged in the production, refining, or marketing of petroleum; and(2) not used to handle substantial quantities of petroleum.(c) In adopting rules establishing classes and categories of underground storage tanks containing petroleum for purposes of this section, the board may consider the following factors:(1) The:(A) size, type, location, storage, and handling capacity of underground storage tanks in the class or category; and(B) volume of petroleum handled by those tanks.(2) The:(A) likelihood of release; and(B) potential extent of damage from any release;from underground storage tanks in the class or category.(3) The economic impact of the limits on the owners and operators of each class or category, particularly relating to the small business segment of the petroleum marketing industry.(4) The availability of methods of financial responsibility in amounts greater than the amount established by this section.(5) Any other factors that the board considers pertinent.[Pre-1996 Recodification Citation: 13-7-20-15.]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-4-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 4. Financial Responsibility|13-23-4-5. Suspension of Enforcement of Financial Responsibility Requirements

Sec. 5. (a) The commissioner, upon the application of any affected person or in the absence of any application, may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the commissioner determines that the following conditions exist:(1) The methods of financial responsibility satisfying the requirements of this article are not generally available for underground storage tanks in that class or category.(2) Steps are being taken:(A) to form a risk retention group for the class or category; or(B) to establish a fund under Section 9004(c)(1) of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991c(c)(1), as amended), to be submitted as evidence of financial responsibility.(b) A suspension of enforcement under this section may not exceed one hundred eighty (180) days. Following a suspension of enforcement under this section, the commissioner may suspend enforcement for additional successive periods of not more than one hundred eighty (180) days if:(1) the commissioner determines that substantial progress has been made in establishing a risk retention group; or(2) the owners or operators of underground storage tanks in the class or category demonstrate to the satisfaction of the commissioner that:(A) the formation of a risk retention group is not possible; and(B) the state is unable or unwilling to establish a fund as described in subsection (a)(2)(B).(c) A determination to suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks under subsection (a) or (b) may not be effective until the Administrator of the United States Environmental Protection Agency has made the same determination under Section 9003(d)(5)(D) of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991b(d)(5)(D), as amended), with respect to the same class or category of underground storage tanks.[Pre-1996 Recodification Citation: 13-7-20-16.]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-4-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 4. Financial Responsibility|13-23-4-6. Bankruptcy of Owner or Operator of Underground Storage Tank; Liability of Guarantor

Sec. 6. (a) If:(1) the owner or operator of an underground storage tank is in bankruptcy, reorganization, or arrangement under the federal bankruptcy law; or(2) despite the exercise of reasonable diligence, no state or federal court could obtain jurisdiction over an owner or operator likely to be solvent at the time of judgment;any claim arising from conduct for which evidence of financial responsibility is provided may be asserted directly against the guarantor.(b) In an action based upon a claim under subsection (a), the guarantor may invoke:(1) all rights and defenses that would have been available to the owner or operator if the action had been brought against the owner or operator by the claimant; and(2) all rights and defenses that would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator.(c) The total liability of a guarantor under this section is limited to the aggregate amount in which the guarantor has provided evidence of financial responsibility for the owner or operator of an underground storage tank. This section does not do any of the following:(1) Limit any other liability of a guarantor to the owner or operator of an underground storage tank, such as liability for bad faith in:(A) negotiating; or(B) failing to negotiate;the settlement of any claim.(2) Diminish the liability of any person under the following:(A) Section 107 or 111 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607 or 9611).(B) Any other applicable law.[Pre-1996 Recodification Citation: 13-7-20-17(b), (c).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-4-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 4. Financial Responsibility|13-23-4-7. Concurrence of Administrator of United States Environmental Protection Agency With Actions of Board or Commissioner

Sec. 7. The provisions of IC 13-11-2-241(d)(10) and sections 1(6) and 5(c) of this chapter requiring the concurrence of the Administrator of the United States Environmental Protection Agency for an action of the board or commissioner to be effective are nullified if the Administrator grants to the commissioner, under the program approved under Section 9004 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991c, as amended), the authority to take the action without the Administrator's specific concurrence.[Pre-1996 Recodification Citation: 13-7-20-29.]As added by P.L.1-1996, SEC.13. Amended by P.L.6-2014, SEC.2.
IN Code § 13-23-5-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 5. Installation of Underground Storage Tanks|13-23-5-1. Restrictions on Timing of Tank Installations; Tanks for Alcohol Blended Fuels

Sec. 1. (a) Subject to section 2 of this chapter, and except as provided in subsection (b), an underground storage tank, whether of single or double wall construction, may not be installed before the effective date of the rules adopted under IC 13-23-1-2 for the purpose of storing regulated substances unless:(1) the tank will prevent releases due to corrosion or structural failure for the operational life of the tank;(2) the tank is:(A) cathodically protected against corrosion;(B) constructed of noncorrosive material;(C) steel clad with a noncorrosive material; or(D) designed to prevent the release or threatened release of any stored substance;(3) the material used in the construction or lining of the tank is compatible with the substance to be stored; and(4) after July 1, 2007, all newly installed or replaced piping connected to the tank meets the secondary containment requirements adopted by the board.(b) An underground storage tank system that contains alcohol blended fuels composed of greater than fifteen percent (15%) alcohol is a petroleum UST system (as defined in 329 IAC 9-1-36 as in effect January 1, 2007) and may be installed during the period referred to in subsection (a) if the system is otherwise in compliance with rules adopted by the board concerning technical and safety requirements relating to the physical characteristics of underground petroleum storage tanks and ancillary equipment, including dispensing equipment, used in the storing or dispensing of alcohol blended fuels for purposes of all other provisions of this article.(c) Owners and operators of underground storage tank systems that store, carry, or dispense alcohol blended fuels composed of greater than fifteen percent (15%) alcohol that comply with subsection (b) are considered to meet the standards of:(1) compatibility under subsection (a)(3); and(2) compliance for purposes of all other provisions of this article.[Pre-1996 Recodification Citation: 13-7-20-18(a).]As added by P.L.1-1996, SEC.13. Amended by P.L.75-2007, SEC.1; P.L.221-2007, SEC.13; P.L.96-2016, SEC.11.
IN Code § 13-23-5-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 5. Installation of Underground Storage Tanks|13-23-5-2. Restrictions Based on Soil Resistivity

Sec. 2. If soil tests conducted in accordance with:(1) ASTM Standard G57-78; or(2) another standard approved by the commissioner as exhibiting the same or a greater degree of reliability and accuracy;show that soil resistivity in an installation location is at least twelve thousand ohms per centimeter (12,000 ohm/cm), a storage tank without corrosion protection may be installed in that location during the period referred to in section 1 of this chapter.[Pre-1996 Recodification Citation: 13-7-20-18(b).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-5-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 5. Installation of Underground Storage Tanks|13-23-5-3. Compliance of Underground Storage Tank Systems With Certain Laws

Sec. 3. (a) An underground storage tank system that contains fuel composed of greater than fifteen percent (15%) alcohol is considered to comply with section 1(b) of this chapter if either of the following applies:(1) The system predates May 11, 2007.(2) The system predates the adoption by:(A) the solid waste management board (established by IC 13-19-2, before its repeal); or(B) the environmental rules board;after May 11, 2007, of any additional rules concerning technical and safety requirements for storing and dispensing alcohol blended fuel.(b) Replacement tanks or ancillary equipment installed in existing underground storage tank systems storing or dispensing alcohol blended fuels must meet the standards contained in additional rules as described in subsection (a)(2) that were adopted by the solid waste management board before January 1, 2013, or are adopted by the environmental rules board only if the installation occurs after the adoption of those rules.As added by P.L.16-2009, SEC.21. Amended by P.L.113-2014, SEC.77.
IN Code § 13-23-6-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 6. Underground Petroleum Storage Tank Trust Fund|13-23-6-1. Establishment

Sec. 1. The underground petroleum storage tank trust fund is established to provide a source of money for the uses set forth in IC 13-23-13-6.[Pre-1996 Recodification Citation: 13-7-20-30(a).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-6-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 6. Underground Petroleum Storage Tank Trust Fund|13-23-6-2. Sources

Sec. 2. The sources of money for the fund are as follows:(1) Grants made by the United States Environmental Protection Agency to the state under cooperative agreements under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)).(2) Costs recovered by the state under IC 13-23-13-8 in connection with any corrective action undertaken under IC 13-23-13-2 with respect to a release of petroleum.(3) Costs recovered by the state in connection with the enforcement of this article with respect to any release of petroleum.(4) Appropriations made by the general assembly, gifts, and donations intended for deposit in the fund.(5) Penalties imposed under IC 13-23-14.(6) Revenue from the underground petroleum storage tank registration fee deposited in the fund under IC 13-23-12-4.[Pre-1996 Recodification Citation: 13-7-20-30(e).]As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.4.
IN Code § 13-23-6-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 6. Underground Petroleum Storage Tank Trust Fund|13-23-6-3. Expenses

Sec. 3. The expenses of administering the fund shall be paid from money in the fund.[Pre-1996 Recodification Citation: 13-7-20-30(b).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-6-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 6. Underground Petroleum Storage Tank Trust Fund|13-23-6-4. Investments

Sec. 4. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.[Pre-1996 Recodification Citation: 13-7-20-30(c).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-6-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 6. Underground Petroleum Storage Tank Trust Fund|13-23-6-5. Reversion to General Fund

Sec. 5. Money in the fund at the end of a state fiscal year does not revert to the state general fund.[Pre-1996 Recodification Citation: 13-7-20-30(d).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-7-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund|13-23-7-1. Purposes of Eltf; Limit on Payment of Certain Expenses; Trust Fund

Sec. 1. (a) The underground petroleum storage tank excess liability trust fund (or ELTF) is established for the following purposes:(1) Assisting owners and operators of underground petroleum storage tanks to establish evidence of financial responsibility as required under IC 13-23-4.(2) Providing a source of money to satisfy liabilities for corrective action.(3) Providing a source of money for the indemnification of third parties under IC 13-23-9-3.(4) Providing a source of money to pay for the expenses of the department incurred in:(A) paying and administering claims against the ELTF for those job activities and expenses that consist exclusively of administering the ELTF;(B) inspecting underground storage tanks; and(C) establishing and implementing an online underground storage tank operator training program that complies with the requirements of the federal Energy Policy Act of 2005.(5) Providing a source of money to pay for the expenses of the department incurred under section 7(b) of this chapter.(b) The expenses described in subsection (a)(4) that are paid from the ELTF in a state fiscal year may not exceed eleven percent (11%) of the fund income in the immediately preceding state fiscal year.(c) The ELTF is designated as a trust fund.[Pre-1996 Recodification Citation: 13-7-20-31(a).]As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.5; P.L.14-2001, SEC.4; P.L.114-2008, SEC.23; P.L.105-2011, SEC.2; P.L.96-2016, SEC.12.
IN Code § 13-23-7-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund|13-23-7-2. Sources of Money for Eltf

Sec. 2. Sources of money for the ELTF are the following:(1) Appropriations from the general assembly.(2) Gifts and donations intended for deposit in the fund.(3) Inspection fees paid under IC 16-44-2.(4) Any other money authorized to be deposited in or appropriated to the trust fund.[Pre-1996 Recodification Citation: 13-7-20-31(b).]As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.6; P.L.96-2016, SEC.13; P.L.189-2018, SEC.126.
IN Code § 13-23-7-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund|13-23-7-3. Administration of Eltf

Sec. 3. The commissioner or the commissioner's designee shall administer the ELTF.[Pre-1996 Recodification Citation: 13-7-20-31(c).]As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.7; P.L.96-2016, SEC.14.
IN Code § 13-23-7-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund|13-23-7-4. Expenses of Administering Ust Law

Sec. 4. The expenses of administering the provisions of this article that are funded by the ELTF, including:(1) IC 13-23-8;(2) IC 13-23-9;(3) IC 13-23-11; and(4) IC 13-23-12;shall be paid from money in the ELTF.[Pre-1996 Recodification Citation: 13-7-20-31(d).]As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.8; P.L.14-2001, SEC.5; P.L.96-2016, SEC.15.
IN Code § 13-23-7-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund|13-23-7-5. Investments

Sec. 5. The treasurer of state shall invest the money in the ELTF not currently needed to meet the obligations of the ELTF in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the ELTF. At least one (1) time each year, the treasurer of state shall provide the financial assurance board a report detailing the investments made under this section.[Pre-1996 Recodification Citation: 13-7-20-31(e).]As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.9; P.L.96-2016, SEC.16.
IN Code § 13-23-7-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund|13-23-7-6. Reversion to General Fund

Sec. 6. Money in the ELTF at the end of a state fiscal year does not revert to the state general fund.[Pre-1996 Recodification Citation: 13-7-20-31(f).]As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.10; P.L.96-2016, SEC.17.
IN Code § 13-23-7-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund|13-23-7-7. Audit of Eltf; Independent Actuarial Study

Sec. 7. (a) The state board of accounts shall audit the ELTF.(b) Once every five (5) years, the department shall arrange for an independent actuarial study examining the future obligations and fiscal sustainability of the ELTF.As added by P.L.9-1996, SEC.25. Amended by P.L.181-2015, SEC.34; P.L.96-2016, SEC.18.
IN Code § 13-23-8-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 8. Use of Money in Excess Liability Fund|13-23-8-4. Payment of Eltf Claims; Assignment of Right to Receive Payment; Action Required Within 45 Days

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.(c) Not more than forty-five (45) business days after an ELTF claim is submitted, the administrator shall do one (1) of the following:(1) Approve the ELTF claim and, under IC 13-23-9-2(c), forward the ELTF claim to the auditor of state for payment.(2) Send to the claimant a written notice that:(A) states that a correction, a clarification, or additional information is needed before the ELTF claim can be approved; and(B) provides a clear explanation:(i) of the correction, clarification, or additional information that is needed; and(ii) of why it is needed.(3) Deny the claim and provide the claimant with a statement of the reasons for the denial under IC 13-23-9-2(b).[Pre-1996 Recodification Citation: 13-7-20-33(d).]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; P.L.250-2019, SEC.34.
IN Code § 13-23-8-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 8. Use of Money in Excess Liability Fund|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 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.[Pre-1996 Recodification Citation: 13-7-20-33(f).]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.
IN Code § 13-23-8-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 8. Use of Money in Excess Liability Fund|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.[Pre-1996 Recodification Citation: 13-7-20-33(g).]As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.12; P.L.96-2016, SEC.29.
IN Code § 13-23-8-8 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 8. Use of Money in Excess Liability Fund|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).[Pre-1996 Recodification Citation: 13-7-20-33(h).]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.