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Indiana Code Title 13. Environment § 13-23-9-1.7

Current as of January 02, 2024 | Updated by Findlaw Staff

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 aboveground storage tank as defined in IC 13-11-2-0.4 or underground storage tank as defined in IC 13-11-2-241.

(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.

(c) At the end of each state fiscal year, any funds that were allocated for the decommissioning or replacement of underground petroleum storage tanks, as described in subsection (b), but that were not spent shall roll over to the next state fiscal year and be used to decommission or replace underground petroleum storage tanks within the same category as allocated in the prior state fiscal year pursuant to subsection (b)(1), (b)(2), and (b)(3).

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Cite this article: FindLaw.com - Indiana Code Title 13. Environment § 13-23-9-1.7 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-13-environment/in-code-sect-13-23-9-1-7/

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