328 Ind. Admin. Code 1-3-1

Current through December 4, 2024

Section 328 IAC 1-3-1 - Fund access

Authority: IC 13-23

Affected: IC 13-23-7; IC 13-23-8-4; IC 13-23-9-1.3

Sec. 1.

(a) Fund access is limited to eligible parties and those assigned the right of fund access by an eligible party.

(b) Any or all persons listed under subsection (a) may apply to the fund for payment of reimbursable costs or ELTF indemnity claims if:

(1) the release is an eligible release;

(2) the applicant provides documentation of reimbursable costs incurred equal to:

(A) the appropriate deductible amount in accordance with IC 13-23-9-1.3(a); and

(B) any additional amount calculated in accordance with IC 13-23-9-1.3(b); and

(3) a claim for the same costs:

(A) has not been submitted to or paid by the fund; and

(B) will not be paid more than once by the fund.

(c) The administrator may not reimburse costs related to duplicative acts performed by multiple eligible parties. If more than one (1) eligible party submits a claim for reimbursement of costs, the administrator shall determine the appropriate reimbursement based on the:

(1) applicable remediation objectives; and

(2) reasonableness and cost effectiveness of the claims.

(d) The department may:

(1) determine the identity of the tank owner or operator based on the notification submitted under 329 IAC 9-2-2; and

(2) require an affirmation that an applicant is an eligible party or assignee thereof.

(e) Only an owner, operator, or authorized agent may request the status of their tank fee payments and resulting potential percentage of fund eligibility, if applicable.

328 IAC 1-3-1

Underground Storage Tank Financial Assurance Board; 328 IAC 1-3-1; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1053; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1103; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Oct 17, 2001, 4:30 p.m.: 25 IR 790; filed Aug 30, 2004, 9:40 a.m.: 28 IR 126; readopted filed Nov 19, 2010, 9:08 a.m.: 20101215-IR-328100553BFA; filed Feb 24, 2011, 2:04 p.m.: 20110323-IR-328080684FRA; readopted filed Jun 29, 2017, 9:30 a.m.: 20170726-IR-328170227BFA

Filed Jul 27, 2018, 2:31 p.m.: 20180822-IR-328150231FRA