reglab/housing_qa huggingface dataset:
IN Code § 13-23-9-1.3 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 9. Payment From Excess Liability Fund|13-23-9-1.3. Reductions in Amount Available From Eltf for Eligible Release Discovered After June 30, 2016; Registration Fees Due in 2014 or Later

Sec. 1.3. (a) The total amount otherwise available from the ELTF in connection with an eligible release discovered on or after July 1, 2016, shall be reduced by:(1) a deductible amount of fifteen thousand dollars ($15,000); and(2) if any annual registration fees that were due in 2014 or a later year are not paid in full before the submittal of the initial site characterization as required by the rules adopted by the environmental rules board, 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 2014 or a later year; and(B) have not been paid; 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 2014 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. Amended by P.L.200-2017, SEC.14.
IN Code § 13-23-9-1.5 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 9. Payment From Excess Liability Fund|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 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.(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. Amended by P.L.200-2017, SEC.15.
IN Code § 13-23-9-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 9. Payment From Excess Liability Fund|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.[Pre-1996 Recodification Citations: 13-7-20-37; 13-7-20-39(a).]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.
IN Code § 13-23-9-2.2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 9. Payment From Excess Liability Fund|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.
IN Code § 13-23-9-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 9. Payment From Excess Liability Fund|13-23-9-3. Requirements for Payment of Eltf Indemnity Claim; Attorney 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.[Pre-1996 Recodification Citations: 13-7-20-38; 13-7-20-39(b).]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.
IN Code § 13-23-9-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 9. Payment From Excess Liability Fund|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.[Pre-1996 Recodification Citation: 13-7-20-40.]As added by P.L.1-1996, SEC.13. Amended by P.L.25-1997, SEC.15; P.L.96-2016, SEC.37.
IN Code § 13-23-9-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 9. Payment From Excess Liability Fund|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.
IN Code § 13-23-11-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 11. Underground Storage Tank Financial Assurance Board|13-23-11-1. Creation

Sec. 1. The underground storage tank financial assurance board is created.[Pre-1996 Recodification Citation: 13-7-20-35(a).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-11-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 11. Underground Storage Tank Financial Assurance Board|13-23-11-2. Members

Sec. 2. (a) The board consists of the following nine (9) members:(1) The commissioner or the commissioner's designee.(2) One (1) member nominated by the treasurer of state in consultation with the commissioner of the department of state revenue.(3) One (1) member representing the independent petroleum wholesale distributor-marketer industry. In making this appointment, the governor may consider the recommendation of the Indiana petroleum marketers and convenience store association.(4) One (1) member representing the petroleum refiner-supplier industry. In making this appointment, the governor may consider the recommendation of the Indiana petroleum council.(5) One (1) member of the financial lending community who has experience with loan guaranty programs.(6) One (1) member representing the convenience store operator industry or independent petroleum retail distributor-marketer industry. In making this appointment, the governor may consider the recommendation of the Indiana petroleum marketers and convenience store association.(7) One (1) member representing environmental interests.(8) One (1) member representing an environmental consulting firm that performs work involving underground storage tank corrective actions.(9) One (1) member representing the property and casualty insurance industry.(b) The governor shall appoint the members specified in subsection (a)(2) through (a)(9) for terms of two (2) years.[Pre-1996 Recodification Citation: 13-7-20-35(b).]As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.4; P.L.113-2014, SEC.78; P.L.200-2017, SEC.16.
IN Code § 13-23-11-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 11. Underground Storage Tank Financial Assurance Board|13-23-11-3. Compensation

Sec. 3. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.(b) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.[Pre-1996 Recodification Citation: 13-7-20-35(c), (d).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-11-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 11. Underground Storage Tank Financial Assurance Board|13-23-11-4. Vacancies; Appointment; Term

Sec. 4. (a) If an appointed member of the board is not able to serve the member's full term, the governor shall appoint an individual to serve for the remainder of the unexpired term.(b) The term of an appointed member of the board continues until the member's successor has been appointed and qualified.[Pre-1996 Recodification Citation: 13-7-20-35(e).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-11-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 11. Underground Storage Tank Financial Assurance Board|13-23-11-5. Officers

Sec. 5. The board, at the board's first meeting of each year, shall elect from among the board's members a chairperson and other officers necessary to transact business.[Pre-1996 Recodification Citation: 13-7-20-35(f).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-11-6 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 11. Underground Storage Tank Financial Assurance Board|13-23-11-6. Quorum; Meetings

Sec. 6. (a) The board must have a quorum to transact business. Five (5) members constitute a quorum.(b) An affirmative vote of the majority of members present is required for the board to take action.(c) The board shall meet upon:(1) the request of the chairperson; or(2) the written request of three (3) of the board's members.(d) A meeting must be held not later than fourteen (14) days after a request is made.[Pre-1996 Recodification Citation: 13-7-20-35(g).]As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.5; P.L.113-2014, SEC.79.
IN Code § 13-23-11-7 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 11. Underground Storage Tank Financial Assurance Board|13-23-11-7. Duties of Board; Department Consultation With Board; Reports on Condition of Eltf

Sec. 7. (a) The board shall do the following:(1) Adopt rules under IC 4-22-2 and IC 13-14-9 necessary to do the following:(A) Carry out the duties of the board under this article.(B) Establish standards and procedures under which:(i) eligible parties may submit ELTF claims; and(ii) the administrator of the ELTF may pay ELTF claims.(C) Establish standards for determining the reasonableness and cost effectiveness of corrective action for purposes of reimbursement from the ELTF under IC 13-23-9-1.5(a)(1).(D) Establish standards for priorities in the payment of ELTF claims, including a priority for claims associated with releases from USTs that pose an immediate and significant threat to the environment.(2) Take testimony and receive a written report at every meeting of the board from the commissioner or the commissioner's designee regarding the financial condition and operation of the ELTF, including:(A) a detailed breakdown of contractual and administrative expenses the department is claiming from the ELTF under IC 13-23-7-1(a)(4); and(B) a claims statistics report consisting of:(i) the status and amounts of claims submitted to the ELTF; and(ii) ELTF claims payments made.Testimony shall be taken and a written report shall be received under this subdivision at every meeting of the board. However, the testimony and written report are not required more than one (1) time during any thirty (30) day period.(3) Consult with the department on administration of the ELTF in developing uniform policies and procedures for revenue collection and claims administration of the ELTF.(b) The department shall consult with the board on administration of the ELTF. The consultation must include evaluation of alternative means of administering the ELTF in a cost effective and efficient manner.(c) At each meeting of the board, the department shall provide the board with a written report on the financial condition and operation of the ELTF.[Pre-1996 Recodification Citation: 13-7-20-35(h).]As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.19; P.L.2-1997, SEC.49; P.L.131-1997, SEC.6; P.L.25-1997, SEC.16; P.L.253-1997(ss), SEC.16; P.L.2-1998, SEC.55; P.L.63-1998, SEC.5; P.L.14-2001, SEC.17; P.L.113-2014, SEC.80; P.L.96-2016, SEC.40.
IN Code § 13-23-12-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 12. Fees|13-23-12-1. Underground Storage Tank Annual Registration Fee; Separate Compartments Within Tank; Combination of Tanks; Period Preceding July 1, 2014

Sec. 1. (a) Each year, if an underground storage tank has not been closed before January 1 of the year under:(1) rules adopted under IC 13-23-1-2; or(2) a requirement imposed by the commissioner before the adoption of rules under IC 13-23-1-2;the owner of the underground storage tank shall pay to the department an annual registration fee.(b) The annual registration fee required by this section is as follows:(1) Ninety dollars ($90) for each underground petroleum storage tank.(2) Two hundred forty-five dollars ($245) for each underground storage tank containing regulated substances other than petroleum.(c) If an underground storage tank consists of a single tank in which there are separate compartments, a separate fee shall be paid under subsection (b) for each compartment within the single tank.(d) If an underground storage tank consists of a combination of tanks, a separate fee shall be paid under subsection (b) for each compartment within each tank in the combination of tanks.(e) The following apply to tanks that contain separate compartments and that were in use before July 1, 2014:(1) For the period preceding July 1, 2014, the payment of a single annual fee of ninety dollars ($90) for a tank containing separate compartments shall be deemed to satisfy the requirements of subsection (b).(2) The department shall not be required to pay any refunds to a tank owner that paid a separate fee under subsection (b) for each compartment within a tank before July 1, 2014.[Pre-1996 Recodification Citations: 13-7-20-32(a); 13-7-20-41(a).]As added by P.L.1-1996, SEC.13. Amended by P.L.2-1998, SEC.56; P.L.212-1999, SEC.4; P.L.6-2014, SEC.3; P.L.96-2016, SEC.41.
IN Code § 13-23-12-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 12. Fees|13-23-12-2. Payment of Fee in Installments

Sec. 2. If the total amount of the fees owed under this article exceed five hundred dollars ($500), the fee payer has the option of paying the annual fees in four (4) equal installment payments. The department shall establish a payment schedule to implement this section.[Pre-1996 Recodification Citation: 13-7-20-32(b).]As added by P.L.1-1996, SEC.13. Amended by P.L.220-2014, SEC.26.
IN Code § 13-23-12-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 12. Fees|13-23-12-3. Annual Payment; Schedule

Sec. 3. Except as provided by section 2 of this chapter, the fee required by section 1 of this chapter shall be paid annually in accordance with a payment schedule established by the department. The fee payment form provided by the department must accompany the fee payment.[Pre-1996 Recodification Citations: 13-7-20-32(c); 13-7-20-41(b).]As added by P.L.1-1996, SEC.13. Amended by P.L.220-2014, SEC.27.
IN Code § 13-23-12-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 12. Fees|13-23-12-4. Collection and Deposit of Fees

Sec. 4. The department shall collect the fees paid under this chapter and deposit the fees as follows:(1) Fees paid in connection with underground petroleum storage tanks shall be deposited in the petroleum trust fund.(2) Fees paid in connection with underground storage tanks used to contain regulated substances other than petroleum shall be deposited in the hazardous substances response trust fund.[Pre-1996 Recodification Citations: 13-7-20-32(d); 13-7-20-41(c).]As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.11; P.L.2-1998, SEC.57; P.L.212-1999, SEC.5; P.L.220-2014, SEC.28.
IN Code § 13-23-13-0.2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 13. Corrective Actions|13-23-13-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 13-7-20-24 (before its repeal, now partly codified at section 5 of this chapter) by P.L.25-1991 apply to an action for which a final determination of liability is made after June 30, 1991.As added by P.L.220-2011, SEC.286.
IN Code § 13-23-13-1 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 13. Corrective Actions|13-23-13-1. Issuance of Orders or Corrective Actions

Sec. 1. (a) The commissioner may, under rules adopted under IC 13-23-1-2:(1) issue an order under IC 13-14-2-7 or IC 4-21.5-4; or(2) proceed under IC 13-14-2-6;to require the owner or operator of an underground storage tank to undertake corrective action with respect to any release of a regulated substance.(b) If the commissioner determines that the corrective action will be done properly and promptly by the owner or operator of the underground storage tank from which the release occurs, the commissioner may enter into an agreed order with the owner or operator to implement necessary corrective action.[Pre-1996 Recodification Citation: 13-7-20-19(a).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-13-2 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 13. Corrective Actions|13-23-13-2. Action by Commissioner

Sec. 2. The commissioner, under rules adopted under IC 13-23-1-2, may undertake corrective action with respect to any release of a regulated substance into the environment from an underground storage tank if:(1) that action is necessary, in the judgment of the commissioner, to protect human health and the environment; and(2) at least one (1) of the following conditions exists:(A) A person cannot be found not later than ninety (90) days after a suspected or confirmed release is identified (or a shorter time necessary to protect human health and the environment) who is:(i) an owner or operator of the underground storage tank;(ii) subject to the rules concerning corrective action; and(iii) capable of properly carrying out corrective action with respect to the release.(B) An existing situation requires prompt action by the commissioner under this section to protect human health and the environment.(C) The cost of corrective action at the site of an underground storage tank exceeds the amount of financial responsibility required under IC 13-23-1-2(c)(6), IC 13-23-4-4, and IC 13-23-4-5 and, considering the class or category of underground storage tank from which the release occurred, expenditures by the state are necessary to ensure an effective corrective action.(D) The owner or operator of the underground storage tank has failed or refused to comply with an order of the commissioner or a judgment of a court of competent jurisdiction under section 1 of this chapter to take corrective action with respect to the release.[Pre-1996 Recodification Citation: 13-7-20-19(b).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-13-3 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 13. Corrective Actions|13-23-13-3. Exposure Assessment

Sec. 3. A corrective action undertaken or required under this chapter may include an exposure assessment. The cost of any exposure assessment undertaken under this chapter may be recovered under section 8 of this chapter as part of the costs of corrective action.[Pre-1996 Recodification Citation: 13-7-20-19(c).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-13-4 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 13. Corrective Actions|13-23-13-4. Priority of Orders and Corrective Actions

Sec. 4. In:(1) issuing orders requiring corrective action under section 1 of this chapter; or(2) undertaking corrective action under section 2 of this chapter;the commissioner shall give priority to releases of regulated substances from underground storage tanks that pose the greatest threat to human health and the environment.[Pre-1996 Recodification Citation: 13-7-20-19(d).]As added by P.L.1-1996, SEC.13.
IN Code § 13-23-13-5 (2021)
2021 Indiana Code|Title 13. Environment|Article 23. Underground Storage Tanks|Chapter 13. Corrective Actions|13-23-13-5. Limited Corrective Actions; Streamlined Administrative Procedures

Sec. 5. In issuing orders requiring corrective action under section 1 of this chapter or undertaking corrective action under section 2 of this chapter the commissioner may:(1) require only a limited form of corrective action; and(2) implement streamlined administrative procedures;with respect to a release of a regulated substance from an underground storage tank that, in the judgment of the commissioner, poses little or no immediate threat to human health or to the environment.[Pre-1996 Recodification Citation: 13-7-20-19(e).]As added by P.L.1-1996, SEC.13.