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Indiana Administrative Code (Last Updated: December 20, 2016) |
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Title 328. UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD |
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Article 328IAC1. PAYMENT OF CORRECTIVE ACTION AND THIRD PARTY LIABILITY CLAIMS FROM THE EXCESS LIABILITY TRUST FUND |
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Rule 328IAC1-5. Claims |
Section 328IAC1-5-1. Applications for payment of reimbursable costs
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(a) Claim applications for reimbursement shall be submitted on forms adopted by the administrator. Applicants shall itemize all reimbursable costs as required by the application package. Documentation of reimbursable costs as required by the administrator must be submitted as part of the application. The administrator may request additional information and records to substantiate claims submitted including the following:
(1) A copy of original employee time sheets.
(2) Invoices relating to purchase or other acquisition of equipment and supplies used for corrective action.
(3) Copies of requests for bids for work specified in the CAP.
(b) The application shall contain the following statement, which shall be signed and attested by the person applying to the fund: "I swear or affirm to the best of my knowledge and belief that the costs presented herein represent the reimbursable costs actually incurred in the performance of site characterization or corrective action related to this site during the period of time indicated on this application. I also swear or affirm that all charges presented as part of this application were necessary to the performance of site characterization or corrective action.". If the person applying has been assigned the right to reimbursement under this rule, the person who assigned that right shall also sign and attest the application.
(c) One (1) copy of all documents required by the administrator shall be submitted by the person applying to the fund to support the application. Original documents must be kept by the person applying to the fund for a minimum of four (4) years after the date the application for payment was submitted or four (4) years after completion of corrective action, whichever is later.
(d) Claims, other than final claims, that had costs disallowed, if resubmitted, must be resubmitted with subsequent claims. The portion of the claim that was previously submitted must be identified as being previously submitted and include the dollar value of the original claim. The same disallowed cost may only be submitted to the department for consideration three (3) times, including the initial claim submittal.
(e) A single claim application may not be submitted to the fund for reimbursement in an amount less than five thousand dollars ($5,000) unless the claim is one (1) of the following:
(1) The final application for that incident and the claim is identified as such.
(2) A claim for costs incurred over six (6) months from the date of the previous claim.
(3) A claim made within fifteen (15) days of a fund qualifying occurrence being categorized to a lower category, with one (1) being the highest category, under 328 IAC 1-4.
(4) Zero dollars ($0)/eligibility preapproval claims.
(Underground Storage Tank Financial Assurance Board; 328 IAC 1-5-1; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1056; filed Nov 1, 1995, 8:30 a.m.: 19 IR 349; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Oct 17, 2001, 4:30 p.m.: 25 IR 801; filed Aug 30, 2004, 9:40 a.m.: 28 IR 142; readopted filed Nov 19, 2010, 9:08 a.m.: 20101215-IR-328100553BFA; filed Feb 24, 2011, 2:04 p.m.: 20110323-IR-328080684FRA)