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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 328IAC1-5-2. Fund payment procedures
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(a) Contingent on the availability of monies as determined by 328 IAC 1-2-3, the administrator shall authorize payment upon determining that the requirements of IC 13-23-9-2 have been met. Payment will be made as follows:
(1) When a person applying to the fund submits an application under section 1 of this rule, which includes reimbursable costs for which that person has not made payment, then payment shall be made by check jointly to the person applying to the fund and the contractor involved.
(2) When a person applying to the fund submits documentation verifying that the person has incurred reimbursable costs, payment shall be made by check directly to that person.
(b) A determination under this rule is appealable under IC 13-23-9-4.
(c) Only the owner, operator, or responsible party may seek preapproval of eligibility to have reimbursable costs or third party liability claims paid from the fund. (Underground Storage Tank Financial Assurance Board; 328 IAC 1-5-2; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1056; filed May 25, 1999, 4:31 p.m.: 22 IR 3103; 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)