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 shall
process, approve, and deny requests made for payments from the
excess 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; corrective
action plan; cost effectiveness; notification; failure to meet
requirements
Sec. 2. (a) To receive money from the excess liability trust fund
under IC 13-23-8-1(1), a claimant must:
(1) submit a corrective action plan to the administrator of the
excess liability trust fund for the administrator's approval; and
(2) submit a copy of a work receipt for work that has been
performed.
(b) If, after receiving a corrective action plan and a work receipt
under subsection (a), the administrator determines that:
(1) the corrective action plan may be approved and that the
work that has been performed is consistent with the approved
corrective action plan;
(2) the work or part of the work that has been performed is
reasonable and cost effective;
(3) the work that has been performed concerns the elimination
or mitigation of a release of petroleum from an underground
storage 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 this
article and the rules adopted under this article;
the administrator shall approve the request for money to be paid from
the excess liability trust fund for work that has been performed.
(c) The administrator shall develop criteria for determining the
cost effectiveness of corrective action. Although not required for
payment from the excess liability trust fund, a claimant may seek
pre-approval from the administrator stating that the work to be
performed is reasonable and cost effective.
(d) The administrator shall notify the claimant of an approval or
a denial of a request made under subsection (b) not later than sixty
(60) days after receiving the request. Except as provided in
subsection (f), the administrator shall notify the claimant of all
reasons for a denial or partial denial.
(e) Not later than seven (7) days after a request is approved by the
administrator under subsection (b) for the reimbursement of costs for
corrective action, the administrator shall forward a copy of a request
approved under this section to the auditor of state.
(f) Not later than thirty (30) days after receiving an approved
request under this section, the auditor of state shall pay to the
claimant that submitted the approved work receipt the approved
amount from money available in the excess liability trust fund.
(g) If a reason the administrator denies a request made under
subsection (b) is for failure to meet the requirements of subsection
(b)(1), the administrator shall notify the claimant in writing not later
than sixty (60) days after receiving the request. The claimant has
thirty (30) days from the receipt of the denial to notify the
administrator of the claimant's intention to appeal the denial. If the
claimant does not notify the administrator of an intention to appeal
in the time provided, further review of the application is not required.
If an intention to appeal is submitted within the time provided, the
administrator has thirty (30) days after the receipt of the notice of the
intention to appeal to provide the claimant with all additional reasons
for the denial or partial denial of the request or to specify that all
reasons have been provided. The claimant has thirty (30) days after
receiving notification from the administrator of all additional reasons
for the denial or partial denial or notice specifying that all reasons
have been provided to file a petition for review of the denial or
partial 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; request
for indemnification; approval or denial by attorney general
Sec. 3. (a) To receive money from the excess liability trust fund
under IC 13-23-8-1(2), a claimant must:
(1) submit to the administrator a request for indemnification of
a third party containing any information required by the
administrator; and
(2) forward a copy of the request under subdivision (1) to the
attorney general for the attorney general's approval.
(b) The attorney general shall approve a request submitted under
subsection (a) if the attorney general determines that there is:
(1) a legally enforceable and final judgment against the
claimant caused by a release of petroleum that was not entered
as a result of:
(A) fraud;
(B) negligence; or
(C) an inadequate defense on the part of the attorney of the
claimant; or
(2) a reasonable settlement between the claimant and the third
party.
(c) If the attorney general approves a request under subsection (b),
the administrator shall approve the request if the claimant is in
compliance with the requirements of this article and the rules
adopted under this article.
(d) The attorney general shall approve or deny a request submitted
under subsection (a) not later than sixty (60) days after the attorney
general receives the request.
(e) Not later than seven (7) days after the attorney general has
approved a request under this section, the attorney general shall
forward a copy of the approved request to the auditor of state.
(f) Not later than thirty (30) days after receiving an approved
request under this section, the auditor of state shall pay to the
claimant that made the request the approved amount from money
available in the excess liability trust fund.
(g) If the attorney general denies a request submitted under this
section, the attorney general shall notify the claimant that made the
request of the denial not later than ten (10) days after the request has
been 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 2
or 3 of this chapter, the owner or operator who made the request may
appeal the denial under IC 4-21.5 to the office of environmental
adjudication 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 is
not sufficient to meet approved claims made against the excess
liability 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 or
intentionally makes a material misstatement in connection with a
request for payment from the excess liability trust fund commits a
Class D felony.
As added by P.L.137-2007, SEC.26.