reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 8. Use of Money in Excess Liability Fund › 13-23-8-2. Repealed

[Pre-1996 Recodification Citation: 13-7-20-33(b).]
As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.7. Repealed by P.L.96-2016, SEC.23.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 8. Use of Money in Excess Liability Fund › 13-23-8-3. Repealed

[Pre-1996 Recodification Citation: 13-7-20-33(c).]
As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.8; P.L.75-2007, SEC.2; P.L.221-2007, SEC.14; P.L.159-2011, SEC.37. Repealed by P.L.96-2016, SEC.24.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 8. Use of Money in Excess Liability Fund › 13-23-8-5. Repealed

[Pre-1996 Recodification Citation: 13-7-20-33(e).]
As added by P.L.1-1996, SEC.13. Repealed by P.L.96-2016, SEC.27.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 8. Use of Money in Excess Liability Fund › 13-23-8-9. Remediation Expenses

Sec. 9. (a) For purposes of this section, the term "remediation expenses" includes reimbursement for the expenses incurred to remediate the site and all other eligible expenses under this article.
(b) Each subsequent owner of a property that has had a restrictive covenant placed on it because of soil or water contamination due to a leaking underground or aboveground storage tank is eligible for reimbursement for the remediation expenses to remediate the site under the ELTF if:
(1) the tank was registered under IC 13-23-12; and
(2) all annual fees for the tank were paid before the eligible release.
As added by P.L.176-2023, SEC.41.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 9. Payment From Excess Liability Fund › 13-23-9-1. Repealed

[Pre-1996 Recodification Citation: 13-7-20-36.]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.21; P.L.14-2001, SEC.14. Repealed by P.L.96-2016, SEC.31.
2023 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 and ASTs, as applicable, 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 and AST, as applicable, 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; P.L.176-2023, SEC.42.
2023 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.
(H) Work performed to decommission or replace an underground petroleum storage tank as provided under section 1.7 of this chapter.
(b) The administrator may also pay ELTF claims for costs not described in subsection (a) if allowed under rules adopted by the petroleum storage tank financial assurance board.
As added by P.L.96-2016, SEC.33. Amended by P.L.200-2017, SEC.15; P.L.176-2023, SEC.43.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 9. Payment From Excess Liability Fund › 13-23-9-1.7. Payment of Eltf Claim; Cap on Expenses Paid From Eltf

Sec. 1.7. (a) The administrator may pay an ELTF claim for fifty percent (50%) of the costs of decommissioning or replacing an underground petroleum storage tank, provided that:
(1) the applicant is the owner of the tank;
(2) such decommissioning or replacement is necessary, in the judgment of the administrator, to protect human health and the environment considering the age, obsolescence, and level of deterioration of the tank; and
(3) the costs:
(A) are reasonable and cost effective; and
(B) result from or reimburse the claimant for work performed decommissioning the tank or replacing the tank with a new tank.
(b) The expenses described in subsection (a) that are paid from the ELTF in a state fiscal year may not exceed:
(1) ten million dollars ($10,000,000) each year for claims submitted by applicants owning not more than twelve (12) underground petroleum storage tanks;
(2) seven million five hundred thousand dollars ($7,500,000) each year for claims submitted by applicants owning more than twelve (12) but not more than one hundred (100) underground petroleum storage tanks; and
(3) two million five hundred thousand dollars ($2,500,000) each year for claims submitted by applicants owning more than one hundred (100) underground petroleum storage tanks.
As added by P.L.176-2023, SEC.44.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 9. Payment From Excess Liability Fund › 13-23-9-5. Repealed

[Pre-1996 Recodification Citation: 13-7-20-42.]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.24. Repealed by P.L.96-2016, SEC.38.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 10. Repealed

[Pre-1996 Recodification Citations:
13-23-10-1formerly 13-7-20-33.3(b) part13-23-10-2formerly 13-7-20-33.3(b) part13-23-10-3formerly 13-7-20-33.3(c)13-23-10-4formerly 13-7-20-33.3(d) part13-23-10-5formerly 13-7-20-33.3(d) part13-23-10-6formerly 13-7-20-33.3(e)13-23-10-7formerly 13-7-20-33.3(f)13-23-10-8formerly 13-7-20-33.3(g)13-23-10-9formerly 13-7-20-33.3(h).]
Repealed by P.L.14-2001, SEC.19.
2023 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 petroleum 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. Amended by P.L.176-2023, SEC.45.
2023 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 administrator or the administrator'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 or aboveground 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; P.L.176-2023, SEC.46.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 11. Underground Storage Tank Financial Assurance Board › 13-23-11-8. Repealed

[Pre-1996 Recodification Citation: 13-7-20-35.1.]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.20. Repealed by P.L.25-1997, SEC.18.
2023 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 or aboveground 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 or aboveground 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 or aboveground 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 or aboveground 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; P.L.176-2023, SEC.48.
2023 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.
2023 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.
2023 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 or aboveground petroleum storage tanks under section 1(b)(1) of this chapter shall be deposited in the petroleum trust fund.
(2) Fees paid under section 1(b)(2) of this chapter in connection with underground storage tanks used to contain regulated substances other than petroleum shall be deposited in the hazardous substances response trust fund established by IC 13-25-4-1.
[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; P.L.176-2023, SEC.49.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 12. Fees › 13-23-12-7. Repealed

[Pre-1996 Recodification Citation: 13-7-20-32(g), (h).]
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.12; P.L.14-2001, SEC.18; P.L.24-2004, SEC.1; P.L.137-2007, SEC.27. Repealed by P.L.38-2012, SEC.5.
2023 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.
2023 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 or aboveground 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 or aboveground 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 or aboveground 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. Amended by P.L.176-2023, SEC.51.
2023 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.
2023 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 or aboveground 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. Amended by P.L.176-2023, SEC.52.
2023 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 or aboveground 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. Amended by P.L.176-2023, SEC.53.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-5.5. Intentional Surface Spill or Overfill; Contribution to Corrective Action Costs Claim

Sec. 5.5. (a) Notwithstanding any other provision of this chapter, a person who is not an owner or operator of an underground storage tank or an aboveground storage tank is liable to the state only for corrective action to address a surface spill or overfill of a regulated substance from the underground storage tank or aboveground storage tank that is intentionally caused by the person during the delivery of the regulated substance into the underground storage tank or aboveground storage tank.
(b) A person who is liable for corrective action under subsection (a) is subject to a claim for contribution to corrective action costs arising solely from the surface spill or overfill by a person described in section 8(b)(1) or 8(b)(2) of this chapter. Except as otherwise provided in subsections (c) and (d), an action for contribution under this section may be brought in the same manner and is subject to the same provisions as an action brought under section 8(b) of this chapter.
(c) Before a person brings a contribution action under this section, the person must provide written notice of intent to bring the action by certified mail to:
(1) the department; and
(2) each person allegedly responsible for the surface spill or overfill that occurred during the delivery of a regulated substance into the underground storage tank or aboveground storage tank.
(d) A person that provides notice under subsection (c) may not bring a contribution action if:
(1) the department commences an administrative proceeding or a civil action concerning the alleged surface spill or overfill not later than ninety (90) days after receiving notice under subsection (c)(1); or
(2) the person who receives the notice under subsection (c)(2) agrees in writing, within ninety (90) days after receipt of the notice, to remediate the surface spill or overfill in accordance with the state's rules governing spills and overfills.
As added by P.L.212-1999, SEC.6. Amended by P.L.176-2023, SEC.54.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-6. Uses of Underground Petroleum Storage Tank Trust Fund; Mandatory Use for Corrective Actions

Sec. 6. (a) Except as provided in subsection (b), the commissioner, under rules adopted under IC 13-23-1-2, may use money in the petroleum trust fund to pay the following costs and expenses associated with underground petroleum storage tanks or aboveground petroleum storage tanks:
(1) Costs incurred for corrective action conducted under cooperative agreements entered into between the state and the Administrator of the United States Environmental Protection Agency under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)), in accordance with the provisions of the cooperative agreements.
(2) Expenses incurred by the state for the following:
(A) Corrective actions that are ordered or undertaken under this chapter.
(B) Enforcement of this article.
(3) Expenses incurred by the state under section 8 of this chapter in recovering the costs of corrective actions undertaken under section 2 of this chapter.
(4) Administrative expenses and personnel expenses incurred by the state in carrying out this article.
(b) Notwithstanding subsection (a), fifty percent (50%) of the fees deposited in the petroleum trust fund under IC 13-23-12-4(1) shall be used by the commissioner to pay for corrective actions:
(1) that are taken under this chapter and involve releases of regulated substances from underground storage tanks or aboveground storage tanks; and
(2) that are not eligible to receive funds from the petroleum storage tank excess liability trust fund under IC 13-23-7.
Not more than eleven percent (11%) of the funds expended under this subsection may be used to pay for administrative and personnel expenses incurred in carrying out this subsection.
[Pre-1996 Recodification Citation: 13-7-20-20(a).]
As added by P.L.1-1996, SEC.13. Amended by P.L.220-2014, SEC.31; P.L.176-2023, SEC.55.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-7. Use of Funds for Corrective Actions; Nonpetroleum Underground Storage Tanks

Sec. 7. The commissioner, under rules adopted under IC 13-23-1-2, may use money in the hazardous substances response trust fund to pay the following expenses associated with underground storage tanks used to contain regulated substances other than petroleum:
(1) Expenses incurred by the state for the following:
(A) Corrective actions that are ordered or undertaken under this chapter.
(B) Enforcement of this article.
(2) Expenses incurred by the state under section 8 of this chapter in recovering the costs of corrective actions.
(3) Administrative expenses and personnel expenses incurred by the state in carrying out this article.
[Pre-1996 Recodification Citation: 13-7-20-20(b).]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-7.5. Recovery of Certain Costs

Sec. 7.5. IC 34-11-2-11.5 applies to an action brought under section 8(b) of this chapter.
As added by P.L.154-2011, SEC.1.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-9. Equities for Recovery of Costs

Sec. 9. In determining the equities for seeking the recovery of costs under section 8 of this chapter, the commissioner may consider the following:
(1) The amount of financial responsibility required to be maintained under IC 13-23-1-2(c)(6).
(2) The factors considered in establishing that amount for underground storage tanks containing petroleum under IC 13-23-4-4.
[Pre-1996 Recodification Citation: 13-7-20-22.]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-10. Agreements to Indemnify, Hold Harmless, or Insure

Sec. 10. (a) An indemnification agreement, a hold harmless agreement, or other similar agreement or conveyance is not effective to transfer the liability imposed under section 8 of this chapter from:
(1) the owner or operator of an:
(A) underground storage tank; or
(B) aboveground storage tank; or
(2) any person who may be liable for a release or threat of release under this article;
to any other person.
(b) This section does not bar an agreement to:
(1) insure;
(2) hold harmless; or
(3) indemnify;
a party to an agreement for any liability under this article.
[Pre-1996 Recodification Citation: 13-7-20-23(a).]
As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.57.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-11. Subrogation

Sec. 11. This chapter does not bar a cause of action that:
(1) an owner or operator;
(2) a guarantor; or
(3) any other person subject to liability under this article;
has or would have, by reason of subrogation or otherwise, against any person.
[Pre-1996 Recodification Citation: 13-7-20-23(b).]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-12. Duty of Owner or Operator to Furnish Information, Conduct Testing, or Permit Access; Right of Entry

Sec. 12. (a) For the purpose of enabling the commissioner to take or to assess the need for corrective action under this chapter or to enforce this article, an owner or operator of an underground storage tank or aboveground storage tank, upon the request of an officer, an employee, or a designated representative of the department, shall do the following:
(1) Furnish information relating to the:
(A) underground storage tank;
(B) aboveground storage tank; or
(C) associated equipment or contents.
(2) Conduct monitoring or testing of the underground storage tank or aboveground storage tank, including associated equipment or contents.
(3) Conduct monitoring or testing of soils, air, surface water, or ground water surrounding the underground storage tank or aboveground storage tank if:
(A) tank testing, using methods that are applicable to but not in excess of federal standards, confirms a release of regulated substance; or
(B) other evidence exists that gives cause for reasonable suspicion that a release has occurred.
(4) Permit, at all reasonable times, the officer, employee, or designated representative to have access to and to copy all records relating to the underground storage tank or aboveground storage tank.
(5) Permit the officer, employee, or designated representative to have access for corrective action.
(b) For the purposes set forth in subsection (a), an officer, an employee, or a designated representative of the department may enter at reasonable times any establishment or other place where an underground storage tank or aboveground storage tank is located or where a regulated substance may be present due to a release from an underground storage tank or aboveground storage tank to do the following:
(1) Inspect and obtain samples from any person of any regulated substances contained in the underground storage tank or aboveground storage tank.
(2) Conduct monitoring or testing of:
(A) the underground storage tank;
(B) the aboveground storage tank;
(C) associated equipment or contents; or
(D) surrounding:
(i) soils;
(ii) air;
(iii) surface water; or
(iv) ground water.
(3) Take corrective action under section 2 of this chapter.
(c) Every action authorized by this section shall be commenced and completed with reasonable promptness.
[Pre-1996 Recodification Citation: 13-7-20-28.]
As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.58.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-13. Emergency Procurement Powers; Actions Authorized Under Federal Law

Sec. 13. (a) This article does not bar the commissioner from using any emergency procurement powers existing under law.
(b) This article does not bar the commissioner from taking any actions authorized under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)).
[Pre-1996 Recodification Citation: 13-7-20-25.]
As added by P.L.1-1996, SEC.13.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-14. Lenders Considered to Participate in Management

Sec. 14. For purposes of IC 13-11-2-148(e), IC 13-11-2-150(b), and IC 13-11-2-150(c), a person that is a lender and that holds evidence of ownership primarily to protect a security interest in an underground storage tank or aboveground storage tank shall be considered to participate in management (as defined in IC 13-11-2-151.2) of the underground storage tank or aboveground storage tank only if, while the borrower is still in possession of the underground storage tank or aboveground storage tank encumbered by the security interest, the person:
(1) exercises decision making control over the environmental compliance related to the underground storage tank or aboveground storage tank such that the person has undertaken responsibility for the hazardous substance handling or disposal practices related to the underground storage tank or aboveground storage tank; or
(2) exercises control at a level comparable to that of a manager of the underground storage tank or aboveground storage tank such that the person has assumed or manifested responsibility:
(A) for the overall management of the underground storage tank or aboveground storage tank encompassing day to day decision making with respect to environmental compliance; or
(B) over all or substantially all of the operational functions (as distinguished from financial or administrative functions) of the underground storage tank or aboveground storage tank other than the function of environmental compliance.
As added by P.L.90-1998, SEC.20. Amended by P.L.159-2011, SEC.38; P.L.176-2023, SEC.59.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 13. Corrective Actions › 13-23-13-16. Presumptions Concerning a Governmental Unit's Tank Activity on a Brownfield

Sec. 16. (a) A political subdivision or unit of federal or state government that acquired ownership or control of an underground storage tank or aboveground storage tank on a brownfield by any of the means listed in IC 13-11-2-150(c) and IC 13-11-2-151(b) may undertake any activity in conjunction with:
(1) investigation or remediation of hazardous substances, petroleum, and other pollutants associated with a brownfield, including complying with land use restrictions and institutional controls; or
(2) monitoring or closure of an:
(A) underground storage tank; or
(B) aboveground storage tank;
without being considered as contributing to the existing release or threatened release of a regulated substance on, in, or at the brownfield unless existing contamination on the brownfield is exacerbated due to gross negligence or intentional misconduct by the political subdivision or unit of federal or state government.
(b) For purposes of subsection (a), reckless, willful, or wanton misconduct constitutes gross negligence.
As added by P.L.221-2007, SEC.15. Amended by P.L.176-2023, SEC.61.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 14. Enforcement and Penalties › 13-23-14-1. Enforcement of Chapter; Penalties

Sec. 1. (a) Except as provided in IC 13-23-1-4, this article shall be enforced under IC 13-30-3.
(b) Except as provided in sections 2, 3, and 4 of this chapter, violations of this article are 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 this article may lead to criminal prosecution under IC 13-30-10.
[Pre-1996 Recodification Citation: 13-7-20-26.]
As added by P.L.1-1996, SEC.13. Amended by P.L.137-2007, SEC.28; P.L.38-2012, SEC.6.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 14. Enforcement and Penalties › 13-23-14-2. Failure to Notify; False Information

Sec. 2. A person who violates a rule adopted under IC 13-23-1-2 by:
(1) knowingly failing to give a required notification; or
(2) submitting false information;
is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank or aboveground storage tank for which a required notification is not given or for which false information is submitted.
[Pre-1996 Recodification Citation: 13-7-20-27(a).]
As added by P.L.1-1996, SEC.13. Amended by P.L.176-2023, SEC.62.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 14. Enforcement and Penalties › 13-23-14-3. Violation of Requirements, Standards, or Rules of Underground Storage Tank Program; Exceptions

Sec. 3. (a) Except as provided in subsection (b), a person who violates:
(1) a requirement or standard set forth in this article; or
(2) a rule adopted under IC 13-23-1-2 other than a violation described in section 2 of this chapter;
is subject to a civil penalty of not more than ten thousand dollars ($10,000) per underground storage tank or aboveground storage tank for each day of violation.
(b) A person is not subject to the civil penalty described in subsection (a) if:
(1) the violation arose from an underground storage tank or aboveground storage tank that is on a brownfield;
(2) the person was not the owner or operator of the underground storage tank or aboveground storage tank when the violation first occurred;
(3) the person does not dispense a regulated substance into or from the underground storage tank or aboveground storage tank:
(A) for any purpose other than temporary or permanent closure; or
(B) in violation of any federal, state, or local regulations; and
(4) the underground storage tank or aboveground storage tank is brought into compliance with this article not later than one (1) year after the person acquired ownership of the property.
[Pre-1996 Recodification Citation: 13-7-20-27(b).]
As added by P.L.1-1996, SEC.13. Amended by P.L.122-1999, SEC.2 and P.L.119-1999, SEC.14; P.L.176-2023, SEC.63.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 14. Enforcement and Penalties › 13-23-14-4. Noncompliance With Orders

Sec. 4. (a) A person who fails to comply with an order issued by the commissioner under this article or IC 13-7-20 (before its repeal) after the order becomes effective is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of continued noncompliance.
(b) It is a defense to a violation of this section due to noncompliance with an order issued under IC 13-23-1-4 that the person has not been notified that an underground storage tank or aboveground storage tank that is the subject of the order is ineligible for delivery, deposit, or acceptance of a regulated substance as determined by the commissioner.
[Pre-1996 Recodification Citation: 13-7-20-27(c).]
As added by P.L.1-1996, SEC.13. Amended by P.L.38-2012, SEC.7; P.L.176-2023, SEC.64.
2023 Indiana Code › Title 13. Environment › Article 23. Underground Storage Tanks › Chapter 15. Repealed

[Pre-1996 Recodification Citations:
13-23-15-1formerly13-7-20-34(a)13-23-15-2formerly13-7-20-34(b)13-23-15-3formerly13-7-20-34(c)13-23-15-4formerly13-7-20-34(d).]
Repealed by P.L.1-2002, SEC.172.