Sec. 1.5. (a) The administrator may pay ELTF claims only for costs that:

(1) are reasonable and cost effective; and

Terms Used In Indiana Code 13-23-9-1.5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(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.

     (b) The administrator may also pay ELTF claims for costs not described in subsection (a) if allowed under rules adopted by the financial assurance board.

As added by P.L.96-2016, SEC.33. Amended by P.L.200-2017, SEC.15.