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;

Terms Used In Indiana Code 13-23-9-1.7

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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 tank.

     (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.

As added by P.L.176-2023, SEC.44.

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