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Chapter 1. Establishment of Underground Storage Tank Release Detection, Prevention, and Correction Program
13-23-1-1. Establishment and Operation of Program - Sec. 1. (a) The department shall establish and operate an...
13-23-1-2. Rules - Sec. 2. (a) The board shall adopt rules under IC...
13-23-1-3. Operator Training Program; Internet Web Site - Sec. 3. (a) The department shall establish a training program:...
13-23-1-4. Delivery Prohibition Program - Sec. 4. (a) This section shall be enforced under IC...
Chapter 2. Local Ordinances
13-23-2-1. Restrictions on Enactment and Enforcement of Ordinances Conflicting With Article or Rules - Sec. 1. A unit of local government may not enact...
13-23-2-2. Restrictions on Enactment and Enforcement of Ordinances; Exception - Sec. 2. A unit of local government may not enact...
13-23-2-3. Request for Approval; Time Limitation on Response - Sec. 3. If the department does not respond to a...
13-23-2-4. Agreement Authorizing Local Government Unit to Perform Activities - Sec. 4. The commissioner may enter into an agreement with...
Chapter 3. Certification of Underground Storage Tank Workers
13-23-3-1. Establishment of Certification Program by State Fire Marshal - Sec. 1. (a) The state fire marshal shall, under rules...
13-23-3-2. Examination; Rules; Reciprocity - Sec. 2. (a) To obtain a certificate under section 1...
13-23-3-3. Certification Required for Installation, Testing, Retrofitting, Removing, or Closing Storage Tanks; Denial or Revocation - Sec. 3. (a) A person described under section 1 of...
13-23-3-4. Expiration; Rules - Sec. 4. (a) A certificate issued under section 1 of...
Chapter 4. Financial Responsibility
13-23-4-1. Permissible Forms of Evidence - Sec. 1. The rules adopted under IC 13-23-1-2(c)(6) may allow...
13-23-4-2. Required Policy Provisions or Contract Terms - Sec. 2. The rules adopted under IC 13-23-1-2(c)(6) may require...
13-23-4-3. Establishment of Method to Show Evidence of Financial Responsibility - Sec. 3. (a) The commissioner may provide a method under...
13-23-4-4. Underground Storage Tanks Containing Petroleum; Minimum Coverage Amounts; Classes and Categories - Sec. 4. (a) The rules adopted under IC 13-23-1-2(c)(6) may...
13-23-4-5. Suspension of Enforcement of Financial Responsibility Requirements - Sec. 5. (a) The commissioner, upon the application of any...
13-23-4-6. Bankruptcy of Owner or Operator of Underground Storage Tank; Liability of Guarantor - Sec. 6. (a) If: (1) the owner or operator of...
13-23-4-7. Concurrence of Administrator of United States Environmental Protection Agency With Actions of Board or Commissioner - Sec. 7. The provisions of IC 13-11-2-241(d)(10) and sections 1(6)...
Chapter 5. Installation of Underground Storage Tanks
13-23-5-1. Restrictions on Timing of Tank Installations; Tanks for Alcohol Blended Fuels - Sec. 1. (a) Subject to section 2 of this chapter,...
13-23-5-2. Restrictions Based on Soil Resistivity - Sec. 2. If soil tests conducted in accordance with: (1)...
13-23-5-3. Compliance of Underground Storage Tank Systems With Certain Laws - Sec. 3. (a) An underground storage tank system that contains...
Chapter 6. Underground Petroleum Storage Tank Trust Fund
13-23-6-1. Establishment - Sec. 1. The underground petroleum storage tank trust fund is...
13-23-6-2. Sources - Sec. 2. The sources of money for the fund are...
13-23-6-3. Expenses - Sec. 3. The expenses of administering the fund shall be...
13-23-6-4. Investments - Sec. 4. The treasurer of state shall invest the money...
13-23-6-5. Reversion to General Fund - Sec. 5. Money in the fund at the end of...
Chapter 7. Underground Petroleum Storage Tank Excess Liability Fund
13-23-7-1. Purposes of Eltf; Limit on Payment of Certain Expenses; Trust Fund - Sec. 1. (a) The underground petroleum storage tank excess liability...
13-23-7-2. Sources of Money for Eltf - Sec. 2. Sources of money for the ELTF are the...
13-23-7-3. Administration of Eltf - Sec. 3. The commissioner or the commissioner's designee shall administer...
13-23-7-4. Expenses of Administering Ust Law - Sec. 4. The expenses of administering the provisions of this...
13-23-7-5. Investments - Sec. 5. The treasurer of state shall invest the money...
13-23-7-6. Reversion to General Fund - Sec. 6. Money in the ELTF at the end of...
13-23-7-7. Audit of Eltf; Independent Actuarial Study - Sec. 7. (a) The state board of accounts shall audit...
13-23-7-8. Repealed - As added by P.L.9-1996, SEC.26. Repealed by P.L.96-2016, SEC.19.
13-23-7-9. Repealed - As added by P.L.137-2007, SEC.25. Amended by P.L.158-2013, SEC.192. Repealed...
13-23-7-10. Repealed - As added by P.L.19-2012, SEC.1. Amended by P.L.244-2013, SEC.1. Repealed...
Chapter 8. Use of Money in Excess Liability Fund
13-23-8-1. Repealed - [Pre-1996 Recodification Citation: 13-7-20-33(a).] As added by P.L.1-1996, SEC.13. Amended...
13-23-8-2. Repealed - [Pre-1996 Recodification Citation: 13-7-20-33(b).] As added by P.L.1-1996, SEC.13. Amended...
13-23-8-3. Repealed - [Pre-1996 Recodification Citation: 13-7-20-33(c).] As added by P.L.1-1996, SEC.13. Amended...
13-23-8-4. Payment of Eltf Claims; Assignment of Right to Receive Payment; Action Required Within 45 Days - Sec. 4. (a) The administrator shall pay ELTF claims that...
13-23-8-4.5. Repealed - As added by P.L.67-1996, SEC.8. Amended by P.L.14-2001, SEC.10. Repealed...
13-23-8-5. Repealed - [Pre-1996 Recodification Citation: 13-7-20-33(e).] As added by P.L.1-1996, SEC.13. Repealed...
13-23-8-6. Payment of Claims if Eltf Balance Is Low - Sec. 6. (a) If the balance in the ELTF drops...
13-23-8-7. Discrimination Prohibited; No Enforceable Right to Payment of Claim - Sec. 7. (a) The department, with respect to payment of...
13-23-8-8. Limits on Payments From the Eltf - Sec. 8. (a) The administrator of the ELTF: (1) shall...
Chapter 9. Payment From Excess Liability Fund
13-23-9-1. Repealed - [Pre-1996 Recodification Citation: 13-7-20-36.] As added by P.L.1-1996, SEC.13. Amended...
13-23-9-1.3. Reductions in Amount Available From Eltf for Eligible Release Discovered After June 30, 2016; Registration Fees Due in 2014 or Later - Sec. 1.3. (a) The total amount otherwise available from the...
13-23-9-1.5. Costs for Which Eltf Claims May Be Paid - Sec. 1.5. (a) The administrator may pay ELTF claims only...
13-23-9-2. Eltf Claims Must Comply With Rules; Explanation of Reasons for Denial; Auditor of State Payment - Sec. 2. (a) ELTF claims must be submitted in accordance...
13-23-9-2.2. Approval or Denial of Corrective Action Plan - Sec. 2.2. (a) The commissioner shall approve or deny a...
13-23-9-3. Requirements for Payment of Eltf Indemnity Claim; Attorney General Approval; Auditor of State Payment - Sec. 3. (a) To receive payment of an ELTF indemnity...
13-23-9-4. Appeal of Eltf Claim Denial - Sec. 4. If the administrator denies an ELTF claim under...
13-23-9-5. Repealed - [Pre-1996 Recodification Citation: 13-7-20-42.] As added by P.L.1-1996, SEC.13. Amended...
13-23-9-6. Material Misstatement With Intent to Defraud - Sec. 6. A person who, with intent to defraud, knowingly...
Chapter 10. Repealed - [Pre-1996 Recodification Citations: Repealed by P.L.14-2001, SEC.19.
Chapter 11. Underground Storage Tank Financial Assurance Board
13-23-11-1. Creation - Sec. 1. The underground storage tank financial assurance board is...
13-23-11-2. Members - Sec. 2. (a) The board consists of the following nine...
13-23-11-3. Compensation - Sec. 3. (a) Each member of the board who is...
13-23-11-4. Vacancies; Appointment; Term - Sec. 4. (a) If an appointed member of the board...
13-23-11-5. Officers - Sec. 5. The board, at the board's first meeting of...
13-23-11-6. Quorum; Meetings - Sec. 6. (a) The board must have a quorum to...
13-23-11-7. Duties of Board; Department Consultation With Board; Reports on Condition of Eltf - Sec. 7. (a) The board shall do the following: (1)...
13-23-11-8. Repealed - [Pre-1996 Recodification Citation: 13-7-20-35.1.] As added by P.L.1-1996, SEC.13. Amended...
Chapter 12. Fees
13-23-12-1. Underground Storage Tank Annual Registration Fee; Separate Compartments Within Tank; Combination of Tanks; Period Preceding July 1, 2014 - Sec. 1. (a) Each year, if an underground storage tank...
13-23-12-2. Payment of Fee in Installments - Sec. 2. If the total amount of the fees owed...
13-23-12-3. Annual Payment; Schedule - Sec. 3. Except as provided by section 2 of this...
13-23-12-4. Collection and Deposit of Fees - Sec. 4. The department shall collect the fees paid under...
13-23-12-5. Repealed - [Pre-1996 Recodification Citation: 13-7-20-32(e).] As added by P.L.1-1996, SEC.13. Repealed...
13-23-12-6. Repealed - [Pre-1996 Recodification Citation: 13-7-20-32(f).] As added by P.L.1-1996, SEC.13. Repealed...
13-23-12-7. Repealed - [Pre-1996 Recodification Citation: 13-7-20-32(g), (h).] As added by P.L.1-1996, SEC.13....
Chapter 13. Corrective Actions
13-23-13-0.2. Application of Certain Amendments to Prior Law - Sec. 0.2. The amendments made to IC 13-7-20-24 (before its...
13-23-13-1. Issuance of Orders or Corrective Actions - Sec. 1. (a) The commissioner may, under rules adopted under...
13-23-13-2. Action by Commissioner - Sec. 2. The commissioner, under rules adopted under IC 13-23-1-2,...
13-23-13-3. Exposure Assessment - Sec. 3. A corrective action undertaken or required under this...
13-23-13-4. Priority of Orders and Corrective Actions - Sec. 4. In: (1) issuing orders requiring corrective action under...
13-23-13-5. Limited Corrective Actions; Streamlined Administrative Procedures - Sec. 5. In issuing orders requiring corrective action under section...
13-23-13-5.5. Intentional Surface Spill or Overfill; Contribution to Corrective Action Costs Claim - Sec. 5.5. (a) Notwithstanding any other provision of this chapter,...
13-23-13-6. Uses of Underground Petroleum Storage Tank Trust Fund; Mandatory Use for Corrective Actions - Sec. 6. (a) Except as provided in subsection (b), the...
13-23-13-7. Use of Funds for Corrective Actions; Nonpetroleum Underground Storage Tanks - Sec. 7. The commissioner, under rules adopted under IC 13-23-1-2,...
13-23-13-7.5. Recovery of Certain Costs - Sec. 7.5. IC 34-11-2-11.5 applies to an action brought under...
13-23-13-8. Liability of Owner or Operator for Costs of Corrective Action; Subrogation; Actions to Recover Costs - Sec. 8. (a) Except where an owner or operator can...
13-23-13-9. Equities for Recovery of Costs - Sec. 9. In determining the equities for seeking the recovery...
13-23-13-10. Agreements to Indemnify, Hold Harmless, or Insure - Sec. 10. (a) An indemnification agreement, a hold harmless agreement,...
13-23-13-11. Subrogation - Sec. 11. This chapter does not bar a cause of...
13-23-13-12. Duty of Owner or Operator to Furnish Information, Conduct Testing, or Permit Access; Right of Entry - Sec. 12. (a) For the purpose of enabling the commissioner...
13-23-13-13. Emergency Procurement Powers; Actions Authorized Under Federal Law - Sec. 13. (a) This article does not bar the commissioner...
13-23-13-14. Lenders Considered to Participate in Management - Sec. 14. For purposes of IC 13-11-2-148(e), IC 13-11-2-150(b), and...
13-23-13-15. Limits on Liability of Fiduciaries - Sec. 15. (a) The liability of a fiduciary under this...
13-23-13-16. Presumptions Concerning a Governmental Unit's Tank Activity on a Brownfield - Sec. 16. (a) A political subdivision or unit of federal...
Chapter 14. Enforcement and Penalties
13-23-14-1. Enforcement of Chapter; Penalties - Sec. 1. (a) Except as provided in IC 13-23-1-4, this...
13-23-14-2. Failure to Notify; False Information - Sec. 2. A person who violates a rule adopted under...
13-23-14-3. Violation of Requirements, Standards, or Rules of Underground Storage Tank Program; Exceptions - Sec. 3. (a) Except as provided in subsection (b), a...
13-23-14-4. Noncompliance With Orders - Sec. 4. (a) A person who fails to comply with...
Chapter 15. Repealed - [Pre-1996 Recodification Citations: Repealed by P.L.1-2002, SEC.172.
Chapter 16. Notice of Release, Spill, or Overfill
13-23-16-1. Citation to Rules - Sec. 1. A citation in this chapter to a rule...
13-23-16-2. Reporting of Releases and Spills to County Health Officer - Sec. 2. If the department receives a report concerning: (1)...
13-23-16-3. Notice of Release of Spill by County Health Officer - Sec. 3. Not more than seven (7) days after receiving...
13-23-16-4. Information Required in Notice - Sec. 4. Notice provided by a county health officer under...