Authority: IC 13-23-11-7

Affected: IC 13-23-9-1.3; IC 13-23-12

Sec. 3. (a) A person listed in section 1 of this rule shall comply with the following requirements for a claim for reimbursable costs or an ELTF indemnity claim to be considered for reimbursement from the fund by the administrator:

1. (1) Demonstrate that the release is an eligible release.

2. (2) For eligible releases that occur on or after July 1, 2016, or, if the date of occurrence cannot be determined, that are discovered on or after July 1, 2016, an eligible party shall submit all:

   1. (A) claims for payment of reimbursable costs related to the ISC conducted under 329 IAC 9-5-5.1 within three hundred sixty-five (365) days after submittal of all reports required under 329 IAC 9;
   2. (B) remaining claims for payment of reimbursable costs within three hundred sixty-five (365) days after the date those costs were incurred; and
   3. (C) resubmittals associated with any disallowed cost within three hundred sixty-five (365) days after the denial of the claim.
3. (3) The CAP must be submitted with projected costs that describe in detail the costs for work to be completed under the CAP. The projected costs must be in a form or format approved by the administrator.

4. (4) For eligible releases that occurred before July 1, 2016, or, if the date of occurrence cannot be determined, that were discovered before July 1, 2016, an eligible party shall submit all:

   1. (A) claims for payment of reimbursable costs within three hundred sixty-five (365) days after the eligible release is granted a status of no further action by the administrator; and
   2. (B) resubmittals associated with any disallowed cost within three hundred sixty-five (365) days after the denial of the claim.

(b) A reduction in reimbursement due to unpaid fees under IC 13-23-9-1.3 does not exempt a UST owner from the requirement to pay any unpaid past due fee. The reduction does not render any fee as paid for the purposes of IC 13-23-12.

(Petroleum Storage Tank Financial Assurance Board; 328 IAC 1-3-3; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1053; filed Jan 9, 1997, 4:00 p.m.: 20 IR 1104; errata, 20 IR 1593; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Oct 17, 2001, 4:30 p.m.: 25 IR 790; errata filed Feb 27, 2002, 9:58 a.m.: 25 IR 2254; filed Aug 30, 2004, 9:40 a.m.: 28 IR 127; errata filed Oct 7, 2004, 11:45 a.m.: 28 IR 608; readopted filed Nov 19, 2010, 9:08 a.m.: 20101215-IR-328100553BFA; filed Feb 24, 2011, 2:04 p.m.: 20110323-IR-328080684FRA; readopted filed Jun 29, 2017, 9:30 a.m.: 20170726-IR-328170227BFA; filed Jul 27, 2018, 2:31 p.m.: 20180822-IR-328150231FRA; filed Oct 30, 2024, 10:51 a.m.: 20241127-IR-328230811RFA)