Section 328IAC1-3-1. Fund access

   (a) The following persons may apply to the fund for payment of reimbursable costs or for third party liability claims:

(1) Tank owners and operators, including a person as described in section 3(d) of this rule.

(2) Persons assigned the right of reimbursement by any person described in subdivision (1).

(3) Subsequent owners of the property upon which tanks were located, if the tanks were closed by a previous property owner, tank owner, or operator who is eligible, as specified in IC 13-23-8-4(e).

  (b) Any or all persons listed under subsection (a) may apply to the fund for payment of reimbursable costs or third party liability claims if all of the following have occurred:

(1) A fund qualifying occurrence. To be eligible to be paid from the fund, the occurrence must be a fund qualifying occurrence.

(2) Submission of an initial site characterization (ISC) as described in rules of the solid waste management board at 329 IAC 9-5-5.1.

(3) Documentation of reimbursable costs incurred equal to the appropriate deductible amount as determined by the fund administrator has been provided.

(4) A claim for the same costs has not been submitted to or paid by the fund. A claim for the same costs will not be paid more than once by the fund.

  (c) All claims for payment of reimbursable costs must be submitted within nine (9) months after the fund qualifying occurrence is granted a status of no further action (NFA) by the administrator. All resubmittals associated with any disallowed cost must be received by the department within twelve (12) months after the denial of the claim.

  (d) All occurrences with an existing status of NFA as of the effective date of the 2011 amendments to this article will have:

(1) nine (9) months from the effective date of the 2011 amendments to this article to submit any remaining costs; and

(2) an additional twelve (12) months to resubmit any denied costs.

  (e) The department may determine the identity of the tank owner or tank operator based on the notification submitted under 329 IAC 9-2-2. The department may require an affirmation that an applicant is a person, as described in section 3(d) of this rule, or a subsequent owner of the property, as specified in subsection (a)(3).

  (f) A person who owns property with a tank is considered a tank owner.

  (g) The fund will not reimburse for the remediation costs arising from the acts or omissions on the part of a contractor, owner, or operator that result in damage to a UST system, a dispensing components or exacerbation of an existing release.

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