IC 13-23-8
Chapter 8. Use of Money in Excess Liability Fund
IC 13-23-8-1 Payment of claims and loan guaranties from fund
Sec. 1. The department, under rules adopted by the underground
storage tank financial assurance board under IC 4-22-2, shall use
money in the excess liability trust fund, to the extent that money is
available in the excess liability trust fund, to pay claims submitted to
the department for the following:
(1) The payment of the costs allowed under IC 13-23-9-2,
excluding:
(A) liabilities to third parties; and
(B) the costs of repairing or replacing an underground
storage tank;
arising out of releases of petroleum.
(2) Providing payment of part of the liability of owners and
operators of underground petroleum storage tanks:
(A) to third parties under IC 13-23-9-3; or
(B) for reasonable attorney's fees incurred in defense of a
third party liability claim. As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.13;
P.L.14-2001, SEC.6.
IC 13-23-8-2 Payment of claims; maximum amount
Sec. 2. Except as provided in section 6 of this chapter, payments
under section 1 of this chapter may not exceed two million dollars
($2,000,000) per occurrence for which claims are made under this
chapter. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.7.
IC 13-23-8-3 Payment of claims; amounts
Sec. 3. For the purposes of section 2 of this chapter, the following
amounts shall be used:
(1) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is not in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is in compliance on a date required under the
requirements described under section 4 of this chapter at the
time a release was discovered;
the amount is thirty-five thousand dollars ($35,000).
(2) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is not a double walled underground petroleum storage
tank; and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(3) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is not a double walled underground petroleum storage
tank; and
(C) has piping that has secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(4) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is a double walled underground petroleum storage tank;
and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(5) If the underground petroleum storage tank that was involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is a double walled underground petroleum storage tank;
and
(C) has piping that has secondary containment;
the amount is twenty thousand dollars ($20,000). As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.8;
P.L.75-2007, SEC.2; P.L.221-2007, SEC.14.
IC 13-23-8-4 Requirements for owner or operator to receive money from fund
Sec. 4. (a) Except as provided under subsection (b), and subject
to section 4.5 of this chapter, an owner or operator may receive
money from the excess liability trust fund under section 1 of this
chapter only if the owner or operator is in substantial compliance (as
defined in 328 IAC 1-1-9) with the following requirements:
(1) The owner or operator has complied with the following:
(A) This article or IC 13-7-20 (before its repeal).
(B) Rules adopted under this article or IC 13-7-20 (before its
repeal).
A release from an underground petroleum storage tank may not
prevent an owner or operator from establishing compliance with
this subdivision to receive money from the excess liability fund.
(2) The owner or operator has paid all registration fees that are
required under rules adopted under IC 13-23-8-4.5.
(3) The owner or operator has provided the commissioner with
evidence of payment of the amount of liability the owner or
operator is required to pay under section 2 of this chapter.
(4) A corrective action plan is approved by the commissioner or
deemed approved under this subdivision. The corrective action
plan for sites with a release from an underground petroleum
storage tank that impacts soil or groundwater, or both, is
automatically deemed approved only as long as:
(A) the plan conforms with:
(i) 329 IAC 9-4 and 329 IAC 9-5; and
(ii) the department's cleanup guidelines set forth in the
Underground Storage Tank Branch Guidance Manual,
including the department's risk integrated system of
closure standards; and
(B) the soil and groundwater contamination is confined to
the owner's or operator's property.
If the corrective action plan fails to satisfy any of the
requirements of clause (A) or (B), the plan is automatically
deemed disapproved. If a corrective action plan is disapproved,
the claimant may supplement the plan. The corrective action
plan is automatically deemed approved when the cause for the
disapproval is corrected. For purposes of this subdivision, in the
event of a conflict between compliance with the corrective
action plan and the department's standards in clause (A), the
department's standards control. For purposes of this subdivision,
if there is a conflict between compliance with the corrective
action plan and the board's rules, the board's rules control. The
department may audit any corrective action plan. If the
commissioner denies the plan, a detailed explanation of all the
deficiencies of the plan must be provided with the denial.
(b) An owner, operator, or transferee of property under subsection
(e) is eligible to receive money from the fund before the owner,
operator, or transferee has a corrective action plan approved or
deemed approved if:
(1) the work for which payment is sought under IC 13-23-9-2
was an initial response to a petroleum release that created the
need for emergency action to abate an immediate threat of harm
to human health, property, or the environment;
(2) the work is for a site characterization completed in
accordance with 329 IAC 9-5; or
(3) the department has not acted upon a corrective action plan
submitted under IC 13-23-9-2 within ninety (90) days after the
date the department receives the:
(A) plan; or
(B) application to the fund;
whichever is later.
(c) The amount of money an owner, operator, or transferee of
property under subsection (e) is eligible to receive from the fund
under subsection (b) must be calculated in accordance with 328 IAC
1-3.
(d) An owner, an operator, or a transferee of property described
in subsection (e) eligible to receive money from the fund under this
section may assign that right to another person.
(e) A transferee of property upon which a tank was located is
eligible to receive money from the fund under this section if the
transferor of the property was eligible to receive money under this
section with respect to the property. As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.7;
P.L.9-1996, SEC.14; P.L.2-1997, SEC.48; P.L.131-1997, SEC.3;
P.L.2-1998, SEC.54; P.L.14-2001, SEC.9.
IC 13-23-8-4.5 Duty of board to adopt rules
Sec. 4.5. The financial assurance board shall adopt rules under
IC 4-22-2 to do the following:
(1) Establish standards, procedures, and penalties for submitting
or resubmitting a claim under section 1 of this chapter when the
owner or operator has failed to:
(A) register an underground petroleum storage tank from
which a release has occurred; or
(B) pay all registration fees that are due under IC 13-23-12-1
by the date the fees are due.
(2) Determine eligibility for new owners or operators that
acquire ownership or operation of the underground petroleum
storage tank as a result of:
(A) a bona fide, good faith transaction, negotiated at arm's
length, between parties under separate ownership and
control;
(B) a foreclosure or a deed transferred in lieu of a
foreclosure;
(C) the exercise of the person's lien rights; or
(D) an inheritance. As added by P.L.67-1996, SEC.8. Amended by P.L.14-2001, SEC.10.
IC 13-23-8-5 Priority of liability claims and loan guaranties
Sec. 5. The financial assurance board shall adopt rules under
IC 4-22-2 to define the manner in which the priority order of liability
claims and loan guaranties is established. The rules must give
priority to liability claims associated with releases from underground
storage tanks that pose an immediate and significant threat to the
environment. As added by P.L.1-1996, SEC.13.
IC 13-23-8-6 Claims exceeding balance in fund; liability of department and
development finance authority; notice
Sec. 6. (a) If the balance in the excess liability trust fund is
insufficient to pay:
(1) claims under section 1 of this chapter;
(2) necessary personnel and administrative expenses associated
with the excess liability trust fund; and
(3) the transfer repayment specified in IC 13-23-15-3 before its
expiration and repeal;
the department shall cease paying claims.
(b) The department shall then notify each claimant that:
(1) the department may not pay the claim; and
(2) the claimant may not use the excess liability trust fund to
satisfy any financial assurance requirements under federal law. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.11;
P.L.1-2002, SEC.66.
IC 13-23-8-7 Discrimination; enforceable right
Sec. 7. (a) The department, with respect to payment of claims
under section 1 of this chapter, may not discriminate against any
claimant. However, subject to this chapter, a claimant does not have
an enforceable right to the payment of a claim under this chapter.
(b) This chapter does not create any obligation on the part of the
state other than as specifically provided in this article. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.12.
IC 13-23-8-8 Receipt of funds; amounts; restrictions
Sec. 8. (a) An owner or operator of:
(1) not more than one hundred (100) underground petroleum
storage tanks may not receive more than two million dollars
($2,000,000) from the excess liability trust fund during a year;
and
(2) more than one hundred (100) underground storage tanks
may not receive more than three million dollars ($3,000,000)
from the excess liability trust fund during a year.
(b) If the right to receive money from the fund under this chapter
is assigned as described in section 4(d) of this chapter, the combined
amount of money received by the assignor and the assignee from the
excess liability trust fund during a year may not exceed the limits
established in subsection (a). As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.15;
P.L.14-2001, SEC.13.
IC 13-23-8
Chapter 8. Use of Money in Excess Liability Fund
IC 13-23-8-1 Payment of claims and loan guaranties from fund
Sec. 1. The department, under rules adopted by the underground
storage tank financial assurance board under IC 4-22-2, shall use
money in the excess liability trust fund, to the extent that money is
available in the excess liability trust fund, to pay claims submitted to
the department for the following:
(1) The payment of the costs allowed under IC 13-23-9-2,
excluding:
(A) liabilities to third parties; and
(B) the costs of repairing or replacing an underground
storage tank;
arising out of releases of petroleum.
(2) Providing payment of part of the liability of owners and
operators of underground petroleum storage tanks:
(A) to third parties under IC 13-23-9-3; or
(B) for reasonable attorney's fees incurred in defense of a
third party liability claim. As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.13;
P.L.14-2001, SEC.6.
IC 13-23-8-2 Payment of claims; maximum amount
Sec. 2. Except as provided in section 6 of this chapter, payments
under section 1 of this chapter may not exceed two million dollars
($2,000,000) per occurrence for which claims are made under this
chapter. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.7.
IC 13-23-8-3 Payment of claims; amounts
Sec. 3. For the purposes of section 2 of this chapter, the following
amounts shall be used:
(1) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is not in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is in compliance on a date required under the
requirements described under section 4 of this chapter at the
time a release was discovered;
the amount is thirty-five thousand dollars ($35,000).
(2) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is not a double walled underground petroleum storage
tank; and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(3) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is not a double walled underground petroleum storage
tank; and
(C) has piping that has secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(4) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is a double walled underground petroleum storage tank;
and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(5) If the underground petroleum storage tank that was involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is a double walled underground petroleum storage tank;
and
(C) has piping that has secondary containment;
the amount is twenty thousand dollars ($20,000). As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.8;
P.L.75-2007, SEC.2; P.L.221-2007, SEC.14.
IC 13-23-8-4 Requirements for owner or operator to receive money from fund
Sec. 4. (a) Except as provided under subsection (b), and subject
to section 4.5 of this chapter, an owner or operator may receive
money from the excess liability trust fund under section 1 of this
chapter only if the owner or operator is in substantial compliance (as
defined in 328 IAC 1-1-9) with the following requirements:
(1) The owner or operator has complied with the following:
(A) This article or IC 13-7-20 (before its repeal).
(B) Rules adopted under this article or IC 13-7-20 (before its
repeal).
A release from an underground petroleum storage tank may not
prevent an owner or operator from establishing compliance with
this subdivision to receive money from the excess liability fund.
(2) The owner or operator has paid all registration fees that are
required under rules adopted under IC 13-23-8-4.5.
(3) The owner or operator has provided the commissioner with
evidence of payment of the amount of liability the owner or
operator is required to pay under section 2 of this chapter.
(4) A corrective action plan is approved by the commissioner or
deemed approved under this subdivision. The corrective action
plan for sites with a release from an underground petroleum
storage tank that impacts soil or groundwater, or both, is
automatically deemed approved only as long as:
(A) the plan conforms with:
(i) 329 IAC 9-4 and 329 IAC 9-5; and
(ii) the department's cleanup guidelines set forth in the
Underground Storage Tank Branch Guidance Manual,
including the department's risk integrated system of
closure standards; and
(B) the soil and groundwater contamination is confined to
the owner's or operator's property.
If the corrective action plan fails to satisfy any of the
requirements of clause (A) or (B), the plan is automatically
deemed disapproved. If a corrective action plan is disapproved,
the claimant may supplement the plan. The corrective action
plan is automatically deemed approved when the cause for the
disapproval is corrected. For purposes of this subdivision, in the
event of a conflict between compliance with the corrective
action plan and the department's standards in clause (A), the
department's standards control. For purposes of this subdivision,
if there is a conflict between compliance with the corrective
action plan and the board's rules, the board's rules control. The
department may audit any corrective action plan. If the
commissioner denies the plan, a detailed explanation of all the
deficiencies of the plan must be provided with the denial.
(b) An owner, operator, or transferee of property under subsection
(e) is eligible to receive money from the fund before the owner,
operator, or transferee has a corrective action plan approved or
deemed approved if:
(1) the work for which payment is sought under IC 13-23-9-2
was an initial response to a petroleum release that created the
need for emergency action to abate an immediate threat of harm
to human health, property, or the environment;
(2) the work is for a site characterization completed in
accordance with 329 IAC 9-5; or
(3) the department has not acted upon a corrective action plan
submitted under IC 13-23-9-2 within ninety (90) days after the
date the department receives the:
(A) plan; or
(B) application to the fund;
whichever is later.
(c) The amount of money an owner, operator, or transferee of
property under subsection (e) is eligible to receive from the fund
under subsection (b) must be calculated in accordance with 328 IAC
1-3.
(d) An owner, an operator, or a transferee of property described
in subsection (e) eligible to receive money from the fund under this
section may assign that right to another person.
(e) A transferee of property upon which a tank was located is
eligible to receive money from the fund under this section if the
transferor of the property was eligible to receive money under this
section with respect to the property. As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.7;
P.L.9-1996, SEC.14; P.L.2-1997, SEC.48; P.L.131-1997, SEC.3;
P.L.2-1998, SEC.54; P.L.14-2001, SEC.9.
IC 13-23-8-4.5 Duty of board to adopt rules
Sec. 4.5. The financial assurance board shall adopt rules under
IC 4-22-2 to do the following:
(1) Establish standards, procedures, and penalties for submitting
or resubmitting a claim under section 1 of this chapter when the
owner or operator has failed to:
(A) register an underground petroleum storage tank from
which a release has occurred; or
(B) pay all registration fees that are due under IC 13-23-12-1
by the date the fees are due.
(2) Determine eligibility for new owners or operators that
acquire ownership or operation of the underground petroleum
storage tank as a result of:
(A) a bona fide, good faith transaction, negotiated at arm's
length, between parties under separate ownership and
control;
(B) a foreclosure or a deed transferred in lieu of a
foreclosure;
(C) the exercise of the person's lien rights; or
(D) an inheritance. As added by P.L.67-1996, SEC.8. Amended by P.L.14-2001, SEC.10.
IC 13-23-8-5 Priority of liability claims and loan guaranties
Sec. 5. The financial assurance board shall adopt rules under
IC 4-22-2 to define the manner in which the priority order of liability
claims and loan guaranties is established. The rules must give
priority to liability claims associated with releases from underground
storage tanks that pose an immediate and significant threat to the
environment. As added by P.L.1-1996, SEC.13.
IC 13-23-8-6 Claims exceeding balance in fund; liability of department and
development finance authority; notice
Sec. 6. (a) If the balance in the excess liability trust fund is
insufficient to pay:
(1) claims under section 1 of this chapter;
(2) necessary personnel and administrative expenses associated
with the excess liability trust fund; and
(3) the transfer repayment specified in IC 13-23-15-3 before its
expiration and repeal;
the department shall cease paying claims.
(b) The department shall then notify each claimant that:
(1) the department may not pay the claim; and
(2) the claimant may not use the excess liability trust fund to
satisfy any financial assurance requirements under federal law. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.11;
P.L.1-2002, SEC.66.
IC 13-23-8-7 Discrimination; enforceable right
Sec. 7. (a) The department, with respect to payment of claims
under section 1 of this chapter, may not discriminate against any
claimant. However, subject to this chapter, a claimant does not have
an enforceable right to the payment of a claim under this chapter.
(b) This chapter does not create any obligation on the part of the
state other than as specifically provided in this article. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.12.
IC 13-23-8-8 Receipt of funds; amounts; restrictions
Sec. 8. (a) An owner or operator of:
(1) not more than one hundred (100) underground petroleum
storage tanks may not receive more than two million dollars
($2,000,000) from the excess liability trust fund during a year;
and
(2) more than one hundred (100) underground storage tanks
may not receive more than three million dollars ($3,000,000)
from the excess liability trust fund during a year.
(b) If the right to receive money from the fund under this chapter
is assigned as described in section 4(d) of this chapter, the combined
amount of money received by the assignor and the assignee from the
excess liability trust fund during a year may not exceed the limits
established in subsection (a). As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.15;
P.L.14-2001, SEC.13.
IC 13-23-8
Chapter 8. Use of Money in Excess Liability Fund
IC 13-23-8-1 Payment of claims and loan guaranties from fund
Sec. 1. The department, under rules adopted by the underground
storage tank financial assurance board under IC 4-22-2, shall use
money in the excess liability trust fund, to the extent that money is
available in the excess liability trust fund, to pay claims submitted to
the department for the following:
(1) The payment of the costs allowed under IC 13-23-9-2,
excluding:
(A) liabilities to third parties; and
(B) the costs of repairing or replacing an underground
storage tank;
arising out of releases of petroleum.
(2) Providing payment of part of the liability of owners and
operators of underground petroleum storage tanks:
(A) to third parties under IC 13-23-9-3; or
(B) for reasonable attorney's fees incurred in defense of a
third party liability claim. As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.13;
P.L.14-2001, SEC.6.
IC 13-23-8-2 Payment of claims; maximum amount
Sec. 2. Except as provided in section 6 of this chapter, payments
under section 1 of this chapter may not exceed two million dollars
($2,000,000) per occurrence for which claims are made under this
chapter. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.7.
IC 13-23-8-3 Payment of claims; amounts
Sec. 3. For the purposes of section 2 of this chapter, the following
amounts shall be used:
(1) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is not in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements; and
(B) is in compliance on a date required under the
requirements described under section 4 of this chapter at the
time a release was discovered;
the amount is thirty-five thousand dollars ($35,000).
(2) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is not a double walled underground petroleum storage
tank; and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(3) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is not a double walled underground petroleum storage
tank; and
(C) has piping that has secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(4) If the underground petroleum storage tank that is involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is a double walled underground petroleum storage tank;
and
(C) has piping that does not have secondary containment;
the amount is twenty-five thousand dollars ($25,000).
(5) If the underground petroleum storage tank that was involved
in the occurrence for which claims are made:
(A) is in compliance with rules adopted by the board
concerning technical and safety requirements relating to the
physical characteristics of underground petroleum storage
tanks before the date the tank is required to be in compliance
with the requirements;
(B) is a double walled underground petroleum storage tank;
and
(C) has piping that has secondary containment;
the amount is twenty thousand dollars ($20,000). As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.8;
P.L.75-2007, SEC.2; P.L.221-2007, SEC.14.
IC 13-23-8-4 Requirements for owner or operator to receive money from fund
Sec. 4. (a) Except as provided under subsection (b), and subject
to section 4.5 of this chapter, an owner or operator may receive
money from the excess liability trust fund under section 1 of this
chapter only if the owner or operator is in substantial compliance (as
defined in 328 IAC 1-1-9) with the following requirements:
(1) The owner or operator has complied with the following:
(A) This article or IC 13-7-20 (before its repeal).
(B) Rules adopted under this article or IC 13-7-20 (before its
repeal).
A release from an underground petroleum storage tank may not
prevent an owner or operator from establishing compliance with
this subdivision to receive money from the excess liability fund.
(2) The owner or operator has paid all registration fees that are
required under rules adopted under IC 13-23-8-4.5.
(3) The owner or operator has provided the commissioner with
evidence of payment of the amount of liability the owner or
operator is required to pay under section 2 of this chapter.
(4) A corrective action plan is approved by the commissioner or
deemed approved under this subdivision. The corrective action
plan for sites with a release from an underground petroleum
storage tank that impacts soil or groundwater, or both, is
automatically deemed approved only as long as:
(A) the plan conforms with:
(i) 329 IAC 9-4 and 329 IAC 9-5; and
(ii) the department's cleanup guidelines set forth in the
Underground Storage Tank Branch Guidance Manual,
including the department's risk integrated system of
closure standards; and
(B) the soil and groundwater contamination is confined to
the owner's or operator's property.
If the corrective action plan fails to satisfy any of the
requirements of clause (A) or (B), the plan is automatically
deemed disapproved. If a corrective action plan is disapproved,
the claimant may supplement the plan. The corrective action
plan is automatically deemed approved when the cause for the
disapproval is corrected. For purposes of this subdivision, in the
event of a conflict between compliance with the corrective
action plan and the department's standards in clause (A), the
department's standards control. For purposes of this subdivision,
if there is a conflict between compliance with the corrective
action plan and the board's rules, the board's rules control. The
department may audit any corrective action plan. If the
commissioner denies the plan, a detailed explanation of all the
deficiencies of the plan must be provided with the denial.
(b) An owner, operator, or transferee of property under subsection
(e) is eligible to receive money from the fund before the owner,
operator, or transferee has a corrective action plan approved or
deemed approved if:
(1) the work for which payment is sought under IC 13-23-9-2
was an initial response to a petroleum release that created the
need for emergency action to abate an immediate threat of harm
to human health, property, or the environment;
(2) the work is for a site characterization completed in
accordance with 329 IAC 9-5; or
(3) the department has not acted upon a corrective action plan
submitted under IC 13-23-9-2 within ninety (90) days after the
date the department receives the:
(A) plan; or
(B) application to the fund;
whichever is later.
(c) The amount of money an owner, operator, or transferee of
property under subsection (e) is eligible to receive from the fund
under subsection (b) must be calculated in accordance with 328 IAC
1-3.
(d) An owner, an operator, or a transferee of property described
in subsection (e) eligible to receive money from the fund under this
section may assign that right to another person.
(e) A transferee of property upon which a tank was located is
eligible to receive money from the fund under this section if the
transferor of the property was eligible to receive money under this
section with respect to the property. As added by P.L.1-1996, SEC.13. Amended by P.L.67-1996, SEC.7;
P.L.9-1996, SEC.14; P.L.2-1997, SEC.48; P.L.131-1997, SEC.3;
P.L.2-1998, SEC.54; P.L.14-2001, SEC.9.
IC 13-23-8-4.5 Duty of board to adopt rules
Sec. 4.5. The financial assurance board shall adopt rules under
IC 4-22-2 to do the following:
(1) Establish standards, procedures, and penalties for submitting
or resubmitting a claim under section 1 of this chapter when the
owner or operator has failed to:
(A) register an underground petroleum storage tank from
which a release has occurred; or
(B) pay all registration fees that are due under IC 13-23-12-1
by the date the fees are due.
(2) Determine eligibility for new owners or operators that
acquire ownership or operation of the underground petroleum
storage tank as a result of:
(A) a bona fide, good faith transaction, negotiated at arm's
length, between parties under separate ownership and
control;
(B) a foreclosure or a deed transferred in lieu of a
foreclosure;
(C) the exercise of the person's lien rights; or
(D) an inheritance. As added by P.L.67-1996, SEC.8. Amended by P.L.14-2001, SEC.10.
IC 13-23-8-5 Priority of liability claims and loan guaranties
Sec. 5. The financial assurance board shall adopt rules under
IC 4-22-2 to define the manner in which the priority order of liability
claims and loan guaranties is established. The rules must give
priority to liability claims associated with releases from underground
storage tanks that pose an immediate and significant threat to the
environment. As added by P.L.1-1996, SEC.13.
IC 13-23-8-6 Claims exceeding balance in fund; liability of department and
development finance authority; notice
Sec. 6. (a) If the balance in the excess liability trust fund is
insufficient to pay:
(1) claims under section 1 of this chapter;
(2) necessary personnel and administrative expenses associated
with the excess liability trust fund; and
(3) the transfer repayment specified in IC 13-23-15-3 before its
expiration and repeal;
the department shall cease paying claims.
(b) The department shall then notify each claimant that:
(1) the department may not pay the claim; and
(2) the claimant may not use the excess liability trust fund to
satisfy any financial assurance requirements under federal law. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.11;
P.L.1-2002, SEC.66.
IC 13-23-8-7 Discrimination; enforceable right
Sec. 7. (a) The department, with respect to payment of claims
under section 1 of this chapter, may not discriminate against any
claimant. However, subject to this chapter, a claimant does not have
an enforceable right to the payment of a claim under this chapter.
(b) This chapter does not create any obligation on the part of the
state other than as specifically provided in this article. As added by P.L.1-1996, SEC.13. Amended by P.L.14-2001, SEC.12.
IC 13-23-8-8 Receipt of funds; amounts; restrictions
Sec. 8. (a) An owner or operator of:
(1) not more than one hundred (100) underground petroleum
storage tanks may not receive more than two million dollars
($2,000,000) from the excess liability trust fund during a year;
and
(2) more than one hundred (100) underground storage tanks
may not receive more than three million dollars ($3,000,000)
from the excess liability trust fund during a year.
(b) If the right to receive money from the fund under this chapter
is assigned as described in section 4(d) of this chapter, the combined
amount of money received by the assignor and the assignee from the
excess liability trust fund during a year may not exceed the limits
established in subsection (a). As added by P.L.1-1996, SEC.13. Amended by P.L.9-1996, SEC.15;
P.L.14-2001, SEC.13.
