CHAPTER 9. PAYMENT FROM EXCESS LIABILITY FUND
IC 13-23-9
Chapter 9. Payment From Excess Liability Fund
IC 13-23-9-1
Duties of administrator regarding requests for payments
Sec. 1. The administrator of the excess liability trust fund shallprocess, approve, and deny requests made for payments from theexcess liability trust fund under sections 2 and 3 of this chapter.
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.21;P.L.14-2001, SEC.14.
IC 13-23-9-2
Requirements for claimant to receive money from fund; correctiveaction plan; cost effectiveness; notification; failure to meetrequirements
Sec. 2. (a) To receive money from the excess liability trust fundunder IC 13-23-8-1(1), a claimant must:
(1) submit a corrective action plan to the administrator of theexcess liability trust fund for the administrator's approval; and
(2) submit a copy of a work receipt for work that has beenperformed.
(b) If, after receiving a corrective action plan and a work receiptunder subsection (a), the administrator determines that:
(1) the corrective action plan may be approved and that thework that has been performed is consistent with the approvedcorrective action plan;
(2) the work or part of the work that has been performed isreasonable and cost effective;
(3) the work that has been performed concerns the eliminationor mitigation of a release of petroleum from an undergroundstorage tank including:
(A) release investigation;
(B) mitigation of fire and safety hazards;
(C) tank removal;
(D) soil remediation; or
(E) ground water remediation and monitoring; and
(4) the claimant is in compliance with the requirements of thisarticle and the rules adopted under this article;
the administrator shall approve the request for money to be paid fromthe excess liability trust fund for work that has been performed.
(c) The administrator shall develop criteria for determining thecost effectiveness of corrective action. Although not required forpayment from the excess liability trust fund, a claimant may seekpre-approval from the administrator stating that the work to beperformed is reasonable and cost effective.
(d) The administrator shall notify the claimant of an approval ora denial of a request made under subsection (b) not later than sixty(60) days after receiving the request. Except as provided insubsection (f), the administrator shall notify the claimant of allreasons for a denial or partial denial. (e) Not later than seven (7) days after a request is approved by theadministrator under subsection (b) for the reimbursement of costs forcorrective action, the administrator shall forward a copy of a requestapproved under this section to the auditor of state.
(f) Not later than thirty (30) days after receiving an approvedrequest under this section, the auditor of state shall pay to theclaimant that submitted the approved work receipt the approvedamount from money available in the excess liability trust fund.
(g) If a reason the administrator denies a request made undersubsection (b) is for failure to meet the requirements of subsection(b)(1), the administrator shall notify the claimant in writing not laterthan sixty (60) days after receiving the request. The claimant hasthirty (30) days from the receipt of the denial to notify theadministrator of the claimant's intention to appeal the denial. If theclaimant does not notify the administrator of an intention to appealin the time provided, further review of the application is not required.If an intention to appeal is submitted within the time provided, theadministrator has thirty (30) days after the receipt of the notice of theintention to appeal to provide the claimant with all additional reasonsfor the denial or partial denial of the request or to specify that allreasons have been provided. The claimant has thirty (30) days afterreceiving notification from the administrator of all additional reasonsfor the denial or partial denial or notice specifying that all reasonshave been provided to file a petition for review of the denial orpartial denial.
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.22;P.L.14-2001, SEC.15.
IC 13-23-9-3
Requirements for claimant to receive money from fund; requestfor indemnification; approval or denial by attorney general
Sec. 3. (a) To receive money from the excess liability trust fundunder IC 13-23-8-1(2), a claimant must:
(1) submit to the administrator a request for indemnification ofa third party containing any information required by theadministrator; and
(2) forward a copy of the request under subdivision (1) to theattorney general for the attorney general's approval.
(b) The attorney general shall approve a request submitted undersubsection (a) if the attorney general determines that there is:
(1) a legally enforceable and final judgment against theclaimant caused by a release of petroleum that was not enteredas a result of:
(A) fraud;
(B) negligence; or
(C) an inadequate defense on the part of the attorney of theclaimant; or
(2) a reasonable settlement between the claimant and the thirdparty.
(c) If the attorney general approves a request under subsection (b),
the administrator shall approve the request if the claimant is incompliance with the requirements of this article and the rulesadopted under this article.
(d) The attorney general shall approve or deny a request submittedunder subsection (a) not later than sixty (60) days after the attorneygeneral receives the request.
(e) Not later than seven (7) days after the attorney general hasapproved a request under this section, the attorney general shallforward a copy of the approved request to the auditor of state.
(f) Not later than thirty (30) days after receiving an approvedrequest under this section, the auditor of state shall pay to theclaimant that made the request the approved amount from moneyavailable in the excess liability trust fund.
(g) If the attorney general denies a request submitted under thissection, the attorney general shall notify the claimant that made therequest of the denial not later than ten (10) days after the request hasbeen denied.
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.23;P.L.14-2001, SEC.16.
IC 13-23-9-4
Requests for payment from fund; appeal and review; procedure
Sec. 4. If the administrator denies a request made under section 2or 3 of this chapter, the owner or operator who made the request mayappeal the denial under IC 4-21.5 to the office of environmentaladjudication under IC 4-21.5-7.
As added by P.L.1-1996, SEC.13. Amended by P.L.25-1997, SEC.15.
IC 13-23-9-5
Insufficient amount of money in fund
Sec. 5. If the amount of money in the excess liability trust fund isnot sufficient to meet approved claims made against the excessliability trust fund:
(1) the state; and
(2) the excess liability trust fund;
are not liable for the claims.
As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.24.
IC 13-23-9-6
Criminal penalty for application misstatement
Sec. 6. A person who, with intent to defraud, knowingly orintentionally makes a material misstatement in connection with arequest for payment from the excess liability trust fund commits aClass D felony.
As added by P.L.137-2007, SEC.26.