Indiana § 13-23-11-7 - Duties of board; department consultation with board

§ 13-23-11-7. Duties of board; department consultation with board

Sec. 7. (a) The board shall do the following:

(1) Adopt rules under IC 4-22-2 and IC 13-14-9 necessary to do the following:

(A) Carry out the duties of the board under this article.

(B) Establish standards and procedures under which:

(i) eligible parties may submit ELTF claims; and

(ii) the administrator of the ELTF may pay ELTF claims.

(C) Establish standards for determining the reasonableness and cost effectiveness of corrective action for purposes of reimbursement from the ELTF under IC 13-23-9-1.5(a)(1).

(D) Establish standards for priorities in the payment of ELTF claims, including a priority for claims associated with releases from USTs and ASTs that pose an immediate and significant threat to the environment.

(E) Provide reimbursement from the petroleum storage tank excess liability trust fund for fifty percent (50%) of costs of decommissioning or replacing underground petroleum storage tanks that meet the criteria under IC 13-23-9-1.7.

(F) Establish procedures to reopen ELTF eligibility and funding for a release previously granted "no further action" (NFA) status by the department should either the department or the owner of the underground petroleum storage tank or aboveground petroleum storage tank subsequently decide to permanently decommission the use of the site as a UST facility or AST facility and undertake the investigation and remediation of any residual contamination arising from the site's former use as a UST facility or AST facility. Before reopening ELTF eligibility and funding, the administrator may require that the applicant provide information regarding the planned future use of the site.

(2) Receive a report at every meeting of the board from the administrator or the administrator's designee regarding the financial condition and operation of the ELTF, including:

(A) a breakdown of contractual and administrative expenses the department is claiming from the ELTF under IC 13-23-7-1(a)(4); and

(B) a claims statistics report consisting of:

(i) the status and amounts of claims submitted to the ELTF; and

(ii) ELTF claims payments made.

(3) Consult with the department on administration of the ELTF in developing uniform policies and procedures for revenue collection and claims administration of the ELTF.

(b) The department shall consult with the board on administration of the ELTF. The consultation must include evaluation of alternative means of administering the ELTF in a cost effective and efficient manner.

[Pre-1996 Recodification Citation: 13-7-20-35(h).]

As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.19; P.L.2-1997, SEC.49; P.L.131-1997, SEC.6; P.L.25-1997, SEC.16; P.L.253-1997(ss), SEC.16; P.L.2-1998, SEC.55; P.L.63-1998, SEC.5; P.L.14-2001, SEC.17; P.L.113-2014, SEC.80; P.L.96-2016, SEC.40; P.L.176-2023, SEC.47; P.L.135-2026, SEC.249.