Indiana § 13-23-9-1.5 - Costs for which ELTF claims may be paid

§ 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.