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2013 Indiana Code 13-23-8-4. Requirements to receive fund money

     Note: This version of section effective until 7-1-2013. See also following version of this section, effective 7-1-2013.
    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 any of the following subdivisions apply:
        (1) The transferor of the property was eligible to receive money under this section with respect to the property.
        (2) All of the following conditions are met:
            (A) The transferee acquired ownership or operation of an underground petroleum storage tank as a result of a bona fide, good faith transaction, negotiated at arm’s length, between parties under separate ownership.
            (B) The transferor failed to pay fees due under IC 13-23-12-1.
            (C) The department failed to record a lien against the property under IC 13-23-7-10.
        (3) The transferee pays all applicable tank fees under IC 13-23-12-1, including past due fees and interest for each tank, not more than thirty (30) days after receiving notice of the indebtedness.
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; P.L.19-2012, SEC.2; P.L.13-2013, SEC.48.

2013 Indiana Code 13-23-8-4. Requirements to receive fund money

     Note: This version of section effective 7-1-2013. See also preceding version of this section, effective until 7-1-2013.
    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 guidance on remediation and 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:
        (1) the transferor of the property was eligible to receive money under this section with respect to the property;
        (2) the transferee acquired ownership or operation of an underground petroleum storage tank as a result of a bona fide, good faith transaction, negotiated at arm’s length, between parties under separate ownership; and
        (3) the transferee pays all applicable tank fees under IC 13-23-12-1, including past due fees and interest for each tank, not more than thirty (30) days after receiving notice of the indebtedness.
For purposes of subdivision (3), past due fees include fees, interest, and penalties assessed by the department of revenue.
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; P.L.19-2012, SEC.2; P.L.13-2013, SEC.48; P.L.244-2013, SEC.2.