IC 13-23-4-1 Permissible forms of evidence
Sec. 1. The rules adopted under IC 13-23-1-2(c)(6) may allow
evidence of financial responsibility in one (1) or a combination of the
following forms:
(1) Insurance.
(2) Guarantee.
(3) Surety bond.
(4) Letter of credit.
(5) Qualification as a self-insurer.
(6) Any other method satisfactory to the commissioner and the
Administrator of the United States Environmental Protection
Agency. As added by P.L.1-1996, SEC.13.
IC 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
the use of certain policy provisions or contract terms, including
provisions or terms concerning the following:
(1) The minimum amount of coverage required for various
classes and categories of underground storage tanks established
under section 4 of this chapter.
(2) Conditions or defenses that are necessary or unacceptable in
establishing evidence of financial responsibility. As added by P.L.1-1996, SEC.13.
IC 13-23-4-3 Establishment of method to show evidence of financial
responsibility
Sec. 3. (a) The commissioner may provide a method under which
the owner or operator of an underground storage tank may establish
evidence of financial responsibility as required under sections 1 and
2 of this chapter and 42 U.S.C. 6991b(c)(6) with respect to the part
of the potential liability of the owner or operator that is not covered
through the excess liability trust fund established by IC 13-23-7-1.
(b) A method provided by the commissioner under this section
must be acceptable to the Administrator of the United States
Environmental Protection Agency.
(c) A method provided by the commissioner under this section
must establish requirements for the establishment of evidence of
financial responsibility by a small business petroleum marketer that
are less stringent than the requirements applying to a petroleum
marketer that owns or operates more than twelve (12) underground
storage tanks. As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.4. IC 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
require a minimum amount of coverage for particular classes or
categories of underground storage tanks containing petroleum.
Minimum coverage amounts established under this subsection must
be at least one million dollars ($1,000,000) for each occurrence, with
an appropriate aggregate amount.
(b) The board may by rule set minimum coverage amounts lower
than the amount set forth in subsection (a) for underground storage
tanks containing petroleum that are:
(1) not located at facilities engaged in the production, refining,
or marketing of petroleum; and
(2) not used to handle substantial quantities of petroleum.
(c) In adopting rules establishing classes and categories of
underground storage tanks containing petroleum for purposes of this
section, the board may consider the following factors:
(1) The:
(A) size, type, location, storage, and handling capacity of
underground storage tanks in the class or category; and
(B) volume of petroleum handled by those tanks.
(2) The:
(A) likelihood of release; and
(B) potential extent of damage from any release;
from underground storage tanks in the class or category.
(3) The economic impact of the limits on the owners and
operators of each class or category, particularly relating to the
small business segment of the petroleum marketing industry.
(4) The availability of methods of financial responsibility in
amounts greater than the amount established by this section.
(5) Any other factors that the board considers pertinent. As added by P.L.1-1996, SEC.13.
IC 13-23-4-5 Suspension of enforcement of financial responsibility requirements
Sec. 5. (a) The commissioner, upon the application of any affected
person or in the absence of any application, may suspend
enforcement of the financial responsibility requirements for a
particular class or category of underground storage tanks if the
commissioner determines that the following conditions exist:
(1) The methods of financial responsibility satisfying the
requirements of this article are not generally available for
underground storage tanks in that class or category.
(2) Steps are being taken:
(A) to form a risk retention group for the class or category;
or
(B) to establish a fund under Section 9004(c)(1) of the
federal Solid Waste Disposal Act, as amended (42 U.S.C.
6991c(c)(1), as amended), to be submitted as evidence of
financial responsibility.
(b) A suspension of enforcement under this section may not
exceed one hundred eighty (180) days. Following a suspension of
enforcement under this section, the commissioner may suspend
enforcement for additional successive periods of not more than one
hundred eighty (180) days if:
(1) the commissioner determines that substantial progress has
been made in establishing a risk retention group; or
(2) the owners or operators of underground storage tanks in the
class or category demonstrate to the satisfaction of the
commissioner that:
(A) the formation of a risk retention group is not possible;
and
(B) the state is unable or unwilling to establish a fund as
described in subsection (a)(2)(B).
(c) A determination to suspend enforcement of the financial
responsibility requirements for a particular class or category of
underground storage tanks under subsection (a) or (b) may not be
effective until the Administrator of the United States Environmental
Protection Agency has made the same determination under Section
9003(d)(5)(D) of the federal Solid Waste Disposal Act, as amended
(42 U.S.C. 6991b(d)(5)(D), as amended), with respect to the same
class or category of underground storage tanks. As added by P.L.1-1996, SEC.13.
IC 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 an underground storage tank is in
bankruptcy, reorganization, or arrangement under the federal
bankruptcy law; or
(2) despite the exercise of reasonable diligence, no state or
federal court could obtain jurisdiction over an owner or
operator likely to be solvent at the time of judgment;
any claim arising from conduct for which evidence of financial
responsibility is provided may be asserted directly against the
guarantor.
(b) In an action based upon a claim under subsection (a), the
guarantor may invoke:
(1) all rights and defenses that would have been available to the
owner or operator if the action had been brought against the
owner or operator by the claimant; and
(2) all rights and defenses that would have been available to the
guarantor if an action had been brought against the guarantor by
the owner or operator.
(c) The total liability of a guarantor under this section is limited
to the aggregate amount in which the guarantor has provided
evidence of financial responsibility for the owner or operator of an
underground storage tank. This section does not do any of the
following:
(1) Limit any other liability of a guarantor to the owner or
operator of an underground storage tank, such as liability for
bad faith in:
(A) negotiating; or
(B) failing to negotiate;
the settlement of any claim.
(2) Diminish the liability of any person under the following:
(A) Section 107 or 111 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607 or 9611).
(B) Any other applicable law. As added by P.L.1-1996, SEC.13.
IC 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(b)(10) and sections 1(6)
and 5(c) of this chapter requiring the concurrence of the
Administrator of the United States Environmental Protection Agency
for an action of the board or commissioner to be effective are
nullified if the Administrator grants to the commissioner, under the
program approved under Section 9004 of the federal Solid Waste
Disposal Act, as amended (42 U.S.C. 6991c, as amended), the
authority to take the action without the Administrator's specific
concurrence. As added by P.L.1-1996, SEC.13.
IC 13-23-4-1 Permissible forms of evidence
Sec. 1. The rules adopted under IC 13-23-1-2(c)(6) may allow
evidence of financial responsibility in one (1) or a combination of the
following forms:
(1) Insurance.
(2) Guarantee.
(3) Surety bond.
(4) Letter of credit.
(5) Qualification as a self-insurer.
(6) Any other method satisfactory to the commissioner and the
Administrator of the United States Environmental Protection
Agency. As added by P.L.1-1996, SEC.13.
IC 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
the use of certain policy provisions or contract terms, including
provisions or terms concerning the following:
(1) The minimum amount of coverage required for various
classes and categories of underground storage tanks established
under section 4 of this chapter.
(2) Conditions or defenses that are necessary or unacceptable in
establishing evidence of financial responsibility. As added by P.L.1-1996, SEC.13.
IC 13-23-4-3 Establishment of method to show evidence of financial
responsibility
Sec. 3. (a) The commissioner may provide a method under which
the owner or operator of an underground storage tank may establish
evidence of financial responsibility as required under sections 1 and
2 of this chapter and 42 U.S.C. 6991b(c)(6) with respect to the part
of the potential liability of the owner or operator that is not covered
through the excess liability trust fund established by IC 13-23-7-1.
(b) A method provided by the commissioner under this section
must be acceptable to the Administrator of the United States
Environmental Protection Agency.
(c) A method provided by the commissioner under this section
must establish requirements for the establishment of evidence of
financial responsibility by a small business petroleum marketer that
are less stringent than the requirements applying to a petroleum
marketer that owns or operates more than twelve (12) underground
storage tanks. As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.4. IC 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
require a minimum amount of coverage for particular classes or
categories of underground storage tanks containing petroleum.
Minimum coverage amounts established under this subsection must
be at least one million dollars ($1,000,000) for each occurrence, with
an appropriate aggregate amount.
(b) The board may by rule set minimum coverage amounts lower
than the amount set forth in subsection (a) for underground storage
tanks containing petroleum that are:
(1) not located at facilities engaged in the production, refining,
or marketing of petroleum; and
(2) not used to handle substantial quantities of petroleum.
(c) In adopting rules establishing classes and categories of
underground storage tanks containing petroleum for purposes of this
section, the board may consider the following factors:
(1) The:
(A) size, type, location, storage, and handling capacity of
underground storage tanks in the class or category; and
(B) volume of petroleum handled by those tanks.
(2) The:
(A) likelihood of release; and
(B) potential extent of damage from any release;
from underground storage tanks in the class or category.
(3) The economic impact of the limits on the owners and
operators of each class or category, particularly relating to the
small business segment of the petroleum marketing industry.
(4) The availability of methods of financial responsibility in
amounts greater than the amount established by this section.
(5) Any other factors that the board considers pertinent. As added by P.L.1-1996, SEC.13.
IC 13-23-4-5 Suspension of enforcement of financial responsibility requirements
Sec. 5. (a) The commissioner, upon the application of any affected
person or in the absence of any application, may suspend
enforcement of the financial responsibility requirements for a
particular class or category of underground storage tanks if the
commissioner determines that the following conditions exist:
(1) The methods of financial responsibility satisfying the
requirements of this article are not generally available for
underground storage tanks in that class or category.
(2) Steps are being taken:
(A) to form a risk retention group for the class or category;
or
(B) to establish a fund under Section 9004(c)(1) of the
federal Solid Waste Disposal Act, as amended (42 U.S.C.
6991c(c)(1), as amended), to be submitted as evidence of
financial responsibility.
(b) A suspension of enforcement under this section may not
exceed one hundred eighty (180) days. Following a suspension of
enforcement under this section, the commissioner may suspend
enforcement for additional successive periods of not more than one
hundred eighty (180) days if:
(1) the commissioner determines that substantial progress has
been made in establishing a risk retention group; or
(2) the owners or operators of underground storage tanks in the
class or category demonstrate to the satisfaction of the
commissioner that:
(A) the formation of a risk retention group is not possible;
and
(B) the state is unable or unwilling to establish a fund as
described in subsection (a)(2)(B).
(c) A determination to suspend enforcement of the financial
responsibility requirements for a particular class or category of
underground storage tanks under subsection (a) or (b) may not be
effective until the Administrator of the United States Environmental
Protection Agency has made the same determination under Section
9003(d)(5)(D) of the federal Solid Waste Disposal Act, as amended
(42 U.S.C. 6991b(d)(5)(D), as amended), with respect to the same
class or category of underground storage tanks. As added by P.L.1-1996, SEC.13.
IC 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 an underground storage tank is in
bankruptcy, reorganization, or arrangement under the federal
bankruptcy law; or
(2) despite the exercise of reasonable diligence, no state or
federal court could obtain jurisdiction over an owner or
operator likely to be solvent at the time of judgment;
any claim arising from conduct for which evidence of financial
responsibility is provided may be asserted directly against the
guarantor.
(b) In an action based upon a claim under subsection (a), the
guarantor may invoke:
(1) all rights and defenses that would have been available to the
owner or operator if the action had been brought against the
owner or operator by the claimant; and
(2) all rights and defenses that would have been available to the
guarantor if an action had been brought against the guarantor by
the owner or operator.
(c) The total liability of a guarantor under this section is limited
to the aggregate amount in which the guarantor has provided
evidence of financial responsibility for the owner or operator of an
underground storage tank. This section does not do any of the
following:
(1) Limit any other liability of a guarantor to the owner or
operator of an underground storage tank, such as liability for
bad faith in:
(A) negotiating; or
(B) failing to negotiate;
the settlement of any claim.
(2) Diminish the liability of any person under the following:
(A) Section 107 or 111 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607 or 9611).
(B) Any other applicable law. As added by P.L.1-1996, SEC.13.
IC 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(b)(10) and sections 1(6)
and 5(c) of this chapter requiring the concurrence of the
Administrator of the United States Environmental Protection Agency
for an action of the board or commissioner to be effective are
nullified if the Administrator grants to the commissioner, under the
program approved under Section 9004 of the federal Solid Waste
Disposal Act, as amended (42 U.S.C. 6991c, as amended), the
authority to take the action without the Administrator's specific
concurrence. As added by P.L.1-1996, SEC.13.
IC 13-23-4-1 Permissible forms of evidence
Sec. 1. The rules adopted under IC 13-23-1-2(c)(6) may allow
evidence of financial responsibility in one (1) or a combination of the
following forms:
(1) Insurance.
(2) Guarantee.
(3) Surety bond.
(4) Letter of credit.
(5) Qualification as a self-insurer.
(6) Any other method satisfactory to the commissioner and the
Administrator of the United States Environmental Protection
Agency. As added by P.L.1-1996, SEC.13.
IC 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
the use of certain policy provisions or contract terms, including
provisions or terms concerning the following:
(1) The minimum amount of coverage required for various
classes and categories of underground storage tanks established
under section 4 of this chapter.
(2) Conditions or defenses that are necessary or unacceptable in
establishing evidence of financial responsibility. As added by P.L.1-1996, SEC.13.
IC 13-23-4-3 Establishment of method to show evidence of financial
responsibility
Sec. 3. (a) The commissioner may provide a method under which
the owner or operator of an underground storage tank may establish
evidence of financial responsibility as required under sections 1 and
2 of this chapter and 42 U.S.C. 6991b(c)(6) with respect to the part
of the potential liability of the owner or operator that is not covered
through the excess liability trust fund established by IC 13-23-7-1.
(b) A method provided by the commissioner under this section
must be acceptable to the Administrator of the United States
Environmental Protection Agency.
(c) A method provided by the commissioner under this section
must establish requirements for the establishment of evidence of
financial responsibility by a small business petroleum marketer that
are less stringent than the requirements applying to a petroleum
marketer that owns or operates more than twelve (12) underground
storage tanks. As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.4. IC 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
require a minimum amount of coverage for particular classes or
categories of underground storage tanks containing petroleum.
Minimum coverage amounts established under this subsection must
be at least one million dollars ($1,000,000) for each occurrence, with
an appropriate aggregate amount.
(b) The board may by rule set minimum coverage amounts lower
than the amount set forth in subsection (a) for underground storage
tanks containing petroleum that are:
(1) not located at facilities engaged in the production, refining,
or marketing of petroleum; and
(2) not used to handle substantial quantities of petroleum.
(c) In adopting rules establishing classes and categories of
underground storage tanks containing petroleum for purposes of this
section, the board may consider the following factors:
(1) The:
(A) size, type, location, storage, and handling capacity of
underground storage tanks in the class or category; and
(B) volume of petroleum handled by those tanks.
(2) The:
(A) likelihood of release; and
(B) potential extent of damage from any release;
from underground storage tanks in the class or category.
(3) The economic impact of the limits on the owners and
operators of each class or category, particularly relating to the
small business segment of the petroleum marketing industry.
(4) The availability of methods of financial responsibility in
amounts greater than the amount established by this section.
(5) Any other factors that the board considers pertinent. As added by P.L.1-1996, SEC.13.
IC 13-23-4-5 Suspension of enforcement of financial responsibility requirements
Sec. 5. (a) The commissioner, upon the application of any affected
person or in the absence of any application, may suspend
enforcement of the financial responsibility requirements for a
particular class or category of underground storage tanks if the
commissioner determines that the following conditions exist:
(1) The methods of financial responsibility satisfying the
requirements of this article are not generally available for
underground storage tanks in that class or category.
(2) Steps are being taken:
(A) to form a risk retention group for the class or category;
or
(B) to establish a fund under Section 9004(c)(1) of the
federal Solid Waste Disposal Act, as amended (42 U.S.C.
6991c(c)(1), as amended), to be submitted as evidence of
financial responsibility.
(b) A suspension of enforcement under this section may not
exceed one hundred eighty (180) days. Following a suspension of
enforcement under this section, the commissioner may suspend
enforcement for additional successive periods of not more than one
hundred eighty (180) days if:
(1) the commissioner determines that substantial progress has
been made in establishing a risk retention group; or
(2) the owners or operators of underground storage tanks in the
class or category demonstrate to the satisfaction of the
commissioner that:
(A) the formation of a risk retention group is not possible;
and
(B) the state is unable or unwilling to establish a fund as
described in subsection (a)(2)(B).
(c) A determination to suspend enforcement of the financial
responsibility requirements for a particular class or category of
underground storage tanks under subsection (a) or (b) may not be
effective until the Administrator of the United States Environmental
Protection Agency has made the same determination under Section
9003(d)(5)(D) of the federal Solid Waste Disposal Act, as amended
(42 U.S.C. 6991b(d)(5)(D), as amended), with respect to the same
class or category of underground storage tanks. As added by P.L.1-1996, SEC.13.
IC 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 an underground storage tank is in
bankruptcy, reorganization, or arrangement under the federal
bankruptcy law; or
(2) despite the exercise of reasonable diligence, no state or
federal court could obtain jurisdiction over an owner or
operator likely to be solvent at the time of judgment;
any claim arising from conduct for which evidence of financial
responsibility is provided may be asserted directly against the
guarantor.
(b) In an action based upon a claim under subsection (a), the
guarantor may invoke:
(1) all rights and defenses that would have been available to the
owner or operator if the action had been brought against the
owner or operator by the claimant; and
(2) all rights and defenses that would have been available to the
guarantor if an action had been brought against the guarantor by
the owner or operator.
(c) The total liability of a guarantor under this section is limited
to the aggregate amount in which the guarantor has provided
evidence of financial responsibility for the owner or operator of an
underground storage tank. This section does not do any of the
following:
(1) Limit any other liability of a guarantor to the owner or
operator of an underground storage tank, such as liability for
bad faith in:
(A) negotiating; or
(B) failing to negotiate;
the settlement of any claim.
(2) Diminish the liability of any person under the following:
(A) Section 107 or 111 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607 or 9611).
(B) Any other applicable law. As added by P.L.1-1996, SEC.13.
IC 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(b)(10) and sections 1(6)
and 5(c) of this chapter requiring the concurrence of the
Administrator of the United States Environmental Protection Agency
for an action of the board or commissioner to be effective are
nullified if the Administrator grants to the commissioner, under the
program approved under Section 9004 of the federal Solid Waste
Disposal Act, as amended (42 U.S.C. 6991c, as amended), the
authority to take the action without the Administrator's specific
concurrence. As added by P.L.1-1996, SEC.13.
