Ind. Code § 13-23-8-1 Repealed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 Repealed by P.L.96-2016, SEC.22.
Ind. Code ch. 13-23-8
Ind. Code ch. 13-23-8
in effectInd. Code § 13-23-8-2 Repealed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 Repealed by P.L.96-2016, SEC.23.
Ind. Code § 13-23-8-3 Repealed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 Repealed by P.L.96-2016, SEC.24.
Ind. Code § 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) The administrator, if appropriate, may allow an eligible party to assign the eligible party's 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 state comptroller 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; P.L.9-2024, SEC.344; P.L.135-2026, SEC.242.
Ind. Code § 13-23-8-4.5 Repealed
As added by P.L.67-1996, SEC.8. Amended by P.L.14-2001, SEC.10. Repealed by P.L.96-2016, SEC.26.
Ind. Code § 13-23-8-5 Repealed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 Repealed by P.L.96-2016, SEC.27.
Ind. Code § 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.
Ind. Code § 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.
Ind. Code § 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.
Ind. Code § 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/13Fetched: 10/17/2026