reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-7. Remittance of Fees or Installments

Sec. 7. A person must remit a hazardous waste annual operation fee or an installment established by the department under IC 13-16-2 to the department not more than thirty (30) days after the date the fee is assessed or on the date the installment is due.
[Pre-1996 Recodification Citation: 13-7-16.1-3(k).]
As added by P.L.1-1996, SEC.12. Amended by P.L.130-1996, SEC.6; P.L.2-1997, SEC.46.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-8. Delinquency Charge; Revocation of Permit

Sec. 8. (a) In addition to the penalties described under:
(1) IC 13-30-4-1;
(2) IC 13-30-4-2; and
(3) IC 13-30-5-1;
if a person does not remit a hazardous waste annual operation fee or an installment established by the department under section 14 of this chapter not more than sixty (60) days after the date the fee is assessed or not more than thirty (30) days after the date the installment is due, the person shall be assessed a delinquency charge equal to ten percent (10%) of the hazardous waste annual operation fee or ten percent (10%) of the installment, whichever is applicable. The delinquency charge is due and payable sixty (60) days after the date the hazardous waste annual operation fee is assessed or thirty (30) days after the date the installment is due.
(b) If a person does not remit a hazardous waste annual operation fee or an installment established by the department under IC 13-16-2 and any applicable delinquency charge not more than ninety (90) days after the date the hazardous waste annual operation fee is assessed or not more than sixty (60) days after the date the installment is due, the department may revoke the person's permit. However, before the department may revoke the permit:
(1) not earlier than sixty (60) days after the date the hazardous waste annual operation fee is assessed or not earlier than thirty (30) days after the date an installment is due; and
(2) not later than thirty (30) days before the department revokes the permit;
the department must deliver a written notice to the person that describes what fees and delinquency charges are due and that indicates that the department may revoke the person's permit for nonpayment after thirty (30) days.
[Pre-1996 Recodification Citation: 13-7-16.1-3(l).]
As added by P.L.1-1996, SEC.12. Amended by P.L.130-1996, SEC.7; P.L.2-1997, SEC.47.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-9. Annual Operation Fees; Applicability

Sec. 9. Annual operation fees established under this chapter apply to facilities that:
(1) have received a permit from the department; or
(2) are operating under interim status or otherwise manage hazardous waste subject to regulation under the following:
(A) IC 13-22-2 through IC 13-22-8.
(B) IC 13-22-13 through IC 13-22-14.
[Pre-1996 Recodification Citation: 13-7-16.1-3(m).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-10. Annual Operation Fees; Requirement Under Certain Circumstances

Sec. 10. Regardless of a person's rate of generation, a person must pay a generator annual operation fee if the person accumulates more than:
(1) six thousand (6,000) kilograms of hazardous waste; or
(2) one (1) kilogram of acutely toxic waste;
onsite at any time during a year.
[Pre-1996 Recodification Citation: 13-7-16.1-3(n).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-11. Groundwater Compliance Sampling Fees

Sec. 11. Groundwater compliance sampling fees established under this chapter apply to groundwater monitoring wells in existence at an operating land disposal facility at the time an annual operation fee concerning the land disposal facility is assessed.
[Pre-1996 Recodification Citation: 13-7-16.1-3(o).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-12. Payment of All Fees by Person or Facility in Multiple Fee Categories

Sec. 12. A person or facility that is described in more than one (1) category under this chapter must pay all applicable fees.
[Pre-1996 Recodification Citation: 13-7-16.1-3(p).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 12. Hazardous Waste Fees › 13-22-12-13. Payment and Deposit of Fees and Delinquency Charges

Sec. 13. Except for the hazardous waste disposal fee collected under section 3.5 of this chapter, the fees and delinquency charges collected under this chapter:
(1) are payable to the department; and
(2) shall be deposited in the environmental management permit operation fund established by IC 13-15-11-1.
[Pre-1996 Recodification Citation: 13-7-16.1-3(q).]
As added by P.L.1-1996, SEC.12. Amended by P.L.220-2014, SEC.25.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 13. Corrective Actions › 13-22-13-1. Order; Civil Action by Commissioner

Sec. 1. If, on the basis of any information, the commissioner determines that there is or has been a release of a hazardous waste or a constituent of a hazardous waste into the environment from a facility authorized to operate under interim status under Section 3005(e) of the federal Solid Waste Disposal Act (42 U.S.C. 6925(e)) or under IC 13-22-3, the commissioner may:
(1) issue an order requiring corrective action or another response measure that the commissioner considers necessary to protect human health or the environment; or
(2) commence a civil action to compel corrective action as described in subdivision (1).
[Pre-1996 Recodification Citation: 13-7-8.5-5.5(a).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 13. Corrective Actions › 13-22-13-2. Restrictions on Corrective Action

Sec. 2. Under section 1 of this chapter, the commissioner or a court may order the performance of corrective action beyond the boundaries of the facility from which the release occurs. However, the commissioner may not order corrective action beyond the boundaries of the facility if the owner or operator of the facility demonstrates to the satisfaction of the commissioner that, despite the best efforts of the owner or operator, the owner or operator is unable to obtain the necessary permission to undertake the corrective action.
[Pre-1996 Recodification Citation: 13-7-8.5-5.5(b).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 13. Corrective Actions › 13-22-13-3. Contents of Order

Sec. 3. An order issued by the commissioner under this chapter:
(1) must state with reasonable specificity the nature of the corrective action or other response measure required by the order;
(2) must specify a time for compliance; and
(3) may include a suspension or revocation of authorization for the facility to operate under interim status.
[Pre-1996 Recodification Citation: 13-7-8.5-5.5(c).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 14. Enforcement › 13-22-14-1. Enforcement Under Ic 13-30-3

Sec. 1. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 shall be enforced under IC 13-30-3.
[Pre-1996 Recodification Citation: 13-7-8.5-8(a).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 14. Enforcement › 13-22-14-2. Emergency Procedures

Sec. 2. IC 13-22-2 through IC 13-22-8 and IC 13-22-13 are subject to the emergency procedures under IC 13-14-10 and IC 13-24-2.
[Pre-1996 Recodification Citation: 13-7-8.5-8(b).]
As added by P.L.1-1996, SEC.12.
2023 Indiana Code › Title 13. Environment › Article 22. Hazardous Waste Management › Chapter 14. Enforcement › 13-22-14-3. Penalties for Violations

Sec. 3. A violation of a provision of IC 13-22-2 through IC 13-22-8 or IC 13-22-13 is subject to the penalties imposed by the following:
(1) IC 13-30-4.
(2) IC 13-30-5.
(3) IC 13-30-8.
In addition, a violation of a provision of IC 13-22-2 through IC 13-22-8 or IC 13-22-13 may lead to criminal prosecution under IC 13-30-10.
[Pre-1996 Recodification Citation: 13-7-8.5-8(c).]
As added by P.L.1-1996, SEC.12. Amended by P.L.137-2007, SEC.24.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 1. Establishment of Underground Storage Tank Release Detection, Prevention, and Correction Program › 13-23-1-1. Establishment and Operation of Program

Sec. 1. (a) The department shall establish and operate an underground storage tank release detection, prevention, and correction program under this article according to rules adopted by the board.
(b) The department may contract with another state agency to jointly operate the program under a memorandum of agreement that:
(1) may be amended;
(2) must contain the specific duties of the department and the contracting agency; and
(3) is available to the public for inspection.
[Pre-1996 Recodification Citation: 13-7-20-12.]
As added by P.L.1-1996, SEC.13. Amended by P.L.131-1997, SEC.2; P.L.133-2012, SEC.153.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 1. Establishment of Underground Storage Tank Release Detection, Prevention, and Correction Program › 13-23-1-2. Rules

Sec. 2. (a) The board shall adopt rules under IC 4-22-2, IC 13-14-8, and IC 13-14-9 for the establishment and operation of the program established under section 1 of this chapter.
(b) The rules must not be less stringent than the regulations adopted by the Administrator of the United States Environmental Protection Agency under Section 9003 of the federal Solid Waste Disposal Act, as amended (42 U.S.C. 6991b, as amended).
(c) The rules adopted under subsection (a) must include the following:
(1) Requirements for maintaining:
(A) a leak detection system;
(B) an inventory control system coupled with tank testing; or
(C) a comparable system or method;
designed to identify releases in a manner consistent with the protection of human health and the environment.
(2) Requirements for maintaining records of any:
(A) monitoring;
(B) leak detection system;
(C) inventory control system or tank testing; or
(D) comparable system.
(3) Requirements for reporting of:
(A) any releases; and
(B) corrective action taken in response to a release.
(4) Requirements for ordering or taking corrective action in response to a release.
(5) Requirements for closure of underground storage tanks to prevent future releases of regulated substances into the environment.
(6) Requirements for maintaining evidence of financial responsibility for:
(A) taking corrective action; and
(B) compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from the operation of an underground storage tank.
(7) Standards of performance for new underground storage tanks.
(8) Requirements for the following:
(A) Providing notice to the department of the existence of operational and nonoperational underground storage tanks, as required under 42 U.S.C. 6991a(a).
(B) Providing the information required on the form prescribed under 42 U.S.C. 6991a(b)(2).
(C) Providing notice, by any person who sells a tank intended to be used as an underground storage tank, to the purchaser of that tank of the owner's notification requirements established by this article and 42 U.S.C. 6991a(a).
(9) Requirements for the delivery prohibition program prescribed under 42 U.S.C. 6991k, including:
(A) notice to owners or operators when an underground storage tank is declared ineligible for delivery, deposit, or acceptance of a regulated substance; and
(B) procedures to enforce the delivery prohibition that include the use of a temporary emergency order under IC 4-21.5-4 for violations of section 4(a) of this chapter.
[Pre-1996 Recodification Citation: 13-7-20-13.]
As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.2.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 1. Establishment of Underground Storage Tank Release Detection, Prevention, and Correction Program › 13-23-1-3. Operator Training Program; Internet Web Site

Sec. 3. (a) The department shall establish a training program:
(1) on an Internet web site; and
(2) that complies with the requirements of the federal Energy Policy Act of 2005 (P.L.109-58).
(b) The department may use the excess liability trust fund to pay expenses related to the training program established under subsection (a).
As added by P.L.105-2011, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 1. Establishment of Underground Storage Tank Release Detection, Prevention, and Correction Program › 13-23-1-4. Delivery Prohibition Program

Sec. 4. (a) This section shall be enforced under IC 4-21.5-4.
(b) To fully implement the delivery prohibition program requirements under 42 U.S.C. 6991k, the commissioner may do the following:
(1) Determine whether an underground storage tank is eligible for delivery, deposit, or acceptance of a regulated substance.
(2) Issue a temporary order to prohibit the use of an underground storage tank that has been determined to be ineligible under subdivision (1), and demand compliance with the rules adopted under this chapter as follows:
(A) If an underground storage tank inspection shows failure to install equipment for:
(i) corrosion protection;
(ii) leak detection;
(iii) overfill protection; or
(iv) spill prevention.
The commissioner must give the owner or operator written notice before implementing a temporary order under this clause.
(B) If the owner or operator fails to properly operate or maintain equipment for corrosion protection, leak detection, overfill protection, and spill prevention. The commissioner must give the owner or operator:
(i) a written warning; and
(ii) at least thirty (30) days to take corrective action to bring the underground storage tank into compliance.
(C) If the owner or operator fails to register an underground petroleum storage tank or pay annual registration fees that are due under IC 13-23-12. The commissioner must give the owner or operator at least thirty (30) days to take corrective action to bring the underground storage tank into compliance.
(3) Reissue a temporary order to prohibit the use of an underground storage tank under this section if the tank remains ineligible for delivery, deposit, or acceptance of a regulated substance when the initial order issued under subdivision (2) expires. The requirements to give the owner or operator a written warning and a thirty (30) day corrective action grace period under subdivision (2)(B) do not apply to the reissuance of an order under this subdivision.
(4) Require the closure of an underground storage tank that is subject to delivery prohibition under 42 U.S.C. 6991k and this section if:
(A) the owner or operator has failed to complete the corrective actions required to comply with an order issued under this section; and
(B) the underground storage tank has been the subject of:
(i) one (1) temporary order under subdivision (2) prohibiting the use of the underground storage tank; and
(ii) at least two (2) consecutive actions by the commissioner under subdivision (3) reissuing the order prohibiting the use of the underground storage tank.
(c) If ownership of an ineligible underground storage tank is transferred, the new owner must complete the corrective actions required to comply with an order issued by the commissioner to the previous owner.
As added by P.L.38-2012, SEC.3. Amended by P.L.5-2015, SEC.40; P.L.166-2018, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 2. Local Ordinances › 13-23-2-1. Restrictions on Enactment and Enforcement of Ordinances Conflicting With Article or Rules

Sec. 1. A unit of local government may not enact or enforce an ordinance that is in conflict with any of the following:
(1) This article.
(2) Rules adopted by the fire prevention and building safety commission under this article.
(3) Rules adopted by the board under this article.
[Pre-1996 Recodification Citation: 13-7-20-43(b).]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 2. Local Ordinances › 13-23-2-2. Restrictions on Enactment and Enforcement of Ordinances; Exception

Sec. 2. A unit of local government may not enact or enforce an ordinance that requires:
(1) a permit;
(2) a license;
(3) an approval;
(4) an inspection; or
(5) the payment of a fee or tax;
for the installation, use, retrofitting, closure, or removal of an underground storage tank or aboveground storage tank unless the department has approved the ordinance or a proposed ordinance in writing.
[Pre-1996 Recodification Citation: 13-7-20-43(c).]
As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.32.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 2. Local Ordinances › 13-23-2-3. Request for Approval; Time Limitation on Response

Sec. 3. If the department does not respond to a request from a unit of local government for approval of an ordinance or a proposed ordinance under section 2 of this chapter not later than ninety (90) days after the request is made, the unit may enact and enforce the ordinance as though the department had given written approval under section 2 of this chapter.
[Pre-1996 Recodification Citation: 13-7-20-43(d).]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 2. Local Ordinances › 13-23-2-4. Agreement Authorizing Local Government Unit to Perform Activities

Sec. 4. The commissioner may enter into an agreement with a unit of local government under which the commissioner authorizes the unit of local government to perform activities designed to achieve compliance with this article.
[Pre-1996 Recodification Citation: 13-7-20-43(e).]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 3. Certification of Underground Storage Tank Workers › 13-23-3-1. Establishment of Certification Program by State Fire Marshal

Sec. 1. (a) The department shall, under rules adopted by the board under IC 4-22-2 and IC 13-14-9, establish a certification program for persons who supervise, manage, or direct underground storage tank or aboveground storage tank:
(1) installation or retrofitting;
(2) testing;
(3) cathodic protection procedures; or
(4) decommissioning.
(b) A person may be certified by the department if the person submits evidence to the department that the person has successfully completed:
(1) the International Fire Code Institute examination; or
(2) another appropriate examination approved by the department.
(c) The department may create a supplemental educational library concerning proper installation and closure of underground storage tanks or aboveground storage tanks, which includes the American Petroleum Institute's series, "An Education and Certification Program for Underground Storage Tank Professionals" and "API 653 Aboveground Storage Tank Inspector Certification Program".
[Pre-1996 Recodification Citation: 13-7-20-13.1.]
As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.4; P.L.176-2023, SEC.33.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 3. Certification of Underground Storage Tank Workers › 13-23-3-2. Examination; Rules; Reciprocity

Sec. 2. (a) To obtain a certificate under section 1 of this chapter, a person must:
(1) take an examination that is approved;
(2) achieve a passing score on the examination that is established; and
(3) pay any reasonable fees necessary to offset the costs incurred by the state fire marshal in administering the examination and certification procedures that are established;
under rules adopted by the fire prevention and building safety commission.
(b) An examination described under subsection (a) must cover the following subjects:
(1) Relevant rules adopted by the:
(A) board; and
(B) fire prevention and building safety commission;
concerning underground storage tanks.
(2) Any other subjects approved under rules adopted by the fire prevention and building safety commission.
(c) The fire prevention and building safety commission shall adopt rules establishing the following:
(1) The number of times a person who fails an examination described under this section may take the examination again.
(2) The period of time a person who fails an examination described under this section must wait before taking the examination again.
(d) The state fire marshal may, under rules adopted by the fire prevention and building safety commission, certify a person:
(1) under section 1 of this chapter; and
(2) by reciprocity;
if the person is licensed or certified by another state that has certification requirements that are substantially similar to the requirements established under this section.
[Pre-1996 Recodification Citation: 13-7-20-13.2.]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 3. Certification of Underground Storage Tank Workers › 13-23-3-3. Certification Required for Installation, Testing, Retrofitting, Removing, or Closing Storage Tanks; Denial or Revocation

Sec. 3. (a) A person described under section 1 of this chapter may not:
(1) install or retrofit;
(2) test;
(3) provide cathodic protection for; or
(4) decommission;
an underground storage tank or aboveground storage tank unless the person has been certified by the department.
(b) The department may temporarily deny or revoke the certification of a person made under subsection (a) if the person has negligently violated a standard established by the board concerning the:
(1) installation or retrofitting;
(2) testing;
(3) cathodic protection; or
(4) decommissioning;
of an underground storage tank or aboveground storage tank.
(c) If a person:
(1) has been denied certification; or
(2) had the person's certification revoked under subsection (b) or IC 13-7-20-13.3(b) (before its repeal);
the department may certify the person only if the person files a performance bond with the department in an amount established by the board.
(d) If a person who is certified or attempts to become certified under subsection (c) intentionally or negligently violates a standard established by the board concerning the installation or retrofitting of, testing of, provision of cathodic protection for, or decommissioning of an underground storage tank or aboveground storage tank, the department may:
(1) permanently deny the certification of the person; or
(2) permanently revoke the certification of the person.
[Pre-1996 Recodification Citation: 13-7-20-13.3.]
As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.5; P.L.176-2023, SEC.34.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 3. Certification of Underground Storage Tank Workers › 13-23-3-4. Expiration; Rules

Sec. 4. (a) A certificate issued under section 1 of this chapter expires two (2) years from the date a person successfully completes the examination to qualify to obtain the certificate.
(b) The board may adopt rules establishing renewal procedures for certificates that expire under subsection (a).
[Pre-1996 Recodification Citation: 13-7-20-13.4.]
As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.6; P.L.176-2023, SEC.35.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 4. Financial Responsibility › 13-23-4-1. Permissible Forms of Evidence

Sec. 1. The rules adopted under IC 13-23-1-2(c)(6) may allow evidence of financial responsibility in one (1) or a combination of the following forms:
(1) Insurance.
(2) Guarantee.
(3) Surety bond.
(4) Letter of credit.
(5) Qualification as a self-insurer.
(6) Any other method satisfactory to the commissioner and the Administrator of the United States Environmental Protection Agency.
[Pre-1996 Recodification Citation: 13-7-20-14(a).]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 4. Financial Responsibility › 13-23-4-2. Required Policy Provisions or Contract Terms

Sec. 2. The rules adopted under IC 13-23-1-2(c)(6) may require the use of certain policy provisions or contract terms, including provisions or terms concerning the following:
(1) The minimum amount of coverage required for various classes and categories of underground storage tanks established under section 4 of this chapter.
(2) Conditions or defenses that are necessary or unacceptable in establishing evidence of financial responsibility.
[Pre-1996 Recodification Citation: 13-7-20-14(b).]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 4. Financial Responsibility › 13-23-4-3. Establishment of Method to Show Evidence of Financial Responsibility

Sec. 3. (a) The commissioner may provide a method under which the owner or operator of an underground storage tank may establish evidence of financial responsibility as required under sections 1 and 2 of this chapter and 42 U.S.C. 6991b(c)(6) with respect to the part of the potential liability of the owner or operator that is not covered through the excess liability trust fund established by IC 13-23-7-1.
(b) A method provided by the commissioner under this section must be acceptable to the Administrator of the United States Environmental Protection Agency.
(c) A method provided by the commissioner under this section must establish requirements for the establishment of evidence of financial responsibility by a small business petroleum marketer that are less stringent than the requirements applying to a petroleum marketer that owns or operates more than twelve (12) underground storage tanks.
[Pre-1996 Recodification Citation: 13-7-20-14.5(c), (d), (e).]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 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; P.L.176-2023, SEC.36.
2023 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.
2023 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.
2023 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 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. Amended by P.L.176-2023, SEC.37.
2023 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 petroleum storage tank registration fee deposited in the fund under IC 13-23-12-4(1).
[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; P.L.176-2023, SEC.38.
2023 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.
2023 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.
2023 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.
2023 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 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 for underground petroleum storage tanks and aboveground storage tanks.
(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 aboveground storage tanks;
(C) establishing and implementing an online underground storage tank and aboveground storage tank operator training program that complies with the requirements of the federal Energy Policy Act of 2005; and
(D) project management and oversight of eligible releases.
(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; P.L.176-2023, SEC.39.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund › 13-23-7-1.2. Aviation Fuel Account

Sec. 1.2. (a) The aviation fuel account is established within the ELTF. The account shall be administered by the commissioner or the commissioner's designee.
(b) The account consists of the following:
(1) Fees on the inspection of avgas (as defined in IC 16-44-2-0.5) and jet fuel (as defined in IC 16-44-2-1.5) that are deposited in the account under IC 16-44-2-18(g).
(2) All earnings on investments of funds in the account.
(3) Gifts and donations intended for deposit in the account.
(4) Any other money authorized to be deposited in or appropriated to the account.
(c) Money in the account is continuously appropriated for purposes of this section.
(d) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account.
(e) Money in the account may be used only for the following purposes:
(1) Assisting owners and operators of tanks used for the storage of avgas or jet fuel in establishing evidence of financial responsibility, if necessary under IC 13-23-4.
(2) Providing a source of money to satisfy liabilities for corrective action involving avgas or jet fuel.
(3) Providing a source of money for the indemnification of third parties under IC 13-23-9-3 in claims involving avgas or jet fuel.
(4) Providing a source of money to pay the expenses incurred by the department:
(A) for job activities and expenses that consist exclusively of administering the aviation fuel account;
(B) in inspecting aviation fuel storage tanks; and
(C) in providing training through the program established under IC 13-23-7-1(a)(4)(C) to operators of underground and aboveground tanks used to store avgas or jet fuel.
(5) Beginning December 31, 2023, annually providing to the airport development grant fund established by IC 8-21-11-4 an amount equal to the difference between:
(A) the entire balance in the aviation fuel account; and
(B) a reserve amount that, in combination with an estimate of the fees that will be deposited in the aviation fuel account under subsection (b)(1) during the following calendar year, is reasonably anticipated by the commissioner or the commissioner's designee as administrator of the aviation fuel account to be sufficient to meet the purposes set forth in subdivisions (1) through (4) in the following year.
(f) The expenses of administering the account shall be paid from money in the account.
(g) Money that is in the account at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.176-2023, SEC.40.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 8. Use of Money in Excess Liability Fund › 13-23-8-1. Repealed

[Pre-1996 Recodification Citation: 13-7-20-33(a).]
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.