Sec. 6. (a) Except as provided in subsection (b), the commissioner, under rules adopted under IC 13-23-1-2, may use money in the petroleum trust fund to pay the following costs and expenses associated with underground petroleum storage tanks:
(1) Costs incurred for corrective action conducted under cooperative agreements entered into between the state and the Administrator of the United States Environmental Protection Agency under Section 9003(h)(7) of the federal Solid Waste Disposal Act (42 U.S.C. 6991b(h)(7)), in accordance with the provisions of the cooperative agreements.
(2) Expenses incurred by the state for the following:
(A) Corrective actions that are ordered or undertaken under this chapter.
(B) Enforcement of this article.
(3) Expenses incurred by the state under section 8 of this chapter in recovering the costs of corrective actions undertaken under section 2 of this chapter.
(4) Administrative expenses and personnel expenses incurred by the state in carrying out this article.
(b) Notwithstanding subsection (a), fifty percent (50%) of the fees deposited in the petroleum trust fund under IC 13-23-12-4(1) shall be used by the commissioner to pay for corrective actions:
(1) taken under this chapter that involve releases of regulated substances from underground storage tanks; and
(2) that are not eligible to receive funds from the underground petroleum storage tank excess liability trust fund under IC 13-23-7.
Not more than eleven percent (11%) of the funds expended under this subsection may be used to pay for administrative and personnel expenses incurred in carrying out this subsection.
[Pre-1996 Recodification Citation: 13-7-20-20(a).]
As added by P.L.1-1996, SEC.13. Amended by P.L.220-2014, SEC.31.
Structure Indiana Code
Article 23. Underground Storage Tanks
Chapter 13. Corrective Actions
13-23-13-0.2. Application of Certain Amendments to Prior Law
13-23-13-1. Issuance of Orders or Corrective Actions
13-23-13-2. Action by Commissioner
13-23-13-3. Exposure Assessment
13-23-13-4. Priority of Orders and Corrective Actions
13-23-13-5. Limited Corrective Actions; Streamlined Administrative Procedures
13-23-13-5.5. Intentional Surface Spill or Overfill; Contribution to Corrective Action Costs Claim
13-23-13-7. Use of Funds for Corrective Actions; Nonpetroleum Underground Storage Tanks
13-23-13-7.5. Recovery of Certain Costs
13-23-13-9. Equities for Recovery of Costs
13-23-13-10. Agreements to Indemnify, Hold Harmless, or Insure
13-23-13-13. Emergency Procurement Powers; Actions Authorized Under Federal Law
13-23-13-14. Lenders Considered to Participate in Management
13-23-13-15. Limits on Liability of Fiduciaries
13-23-13-16. Presumptions Concerning a Governmental Unit's Tank Activity on a Brownfield