Authority: IC 13-23

Affected: IC 13-11-2-193.5; IC 13-23-9-3

Sec. 2. (a) If the attorney general approves an ELTF indemnity claim in accordance with IC 13-23-9-3, the administrator shall pay the approved ELTF indemnity claim in accordance with this rule:

1. (1) if sufficient monies exist after other obligations have been met under 328 IAC 1-2-3;
2. (2) based upon the category of the eligible release and ranking of the claim under 328 IAC 1-4, if applicable; and
3. (3) if the administrator determines that the owner or operator is in compliance with the requirements of IC 13-23 and rules adopted thereunder.

(b) When an ELTF indemnity claim is approved by the attorney general but the claim has not already been paid by the owner or operator, then payment must be made jointly to the eligible owner or operator and the third party using a payment method accepted by the department.

(c) When an ELTF indemnity claim is approved by the attorney general and the owner or operator submits to the administrator documentation verifying that the owner or operator has paid the ELTF indemnity claim, payment must be made directly to the eligible owner or operator.

(d) ELTF indemnity claims subject to approval by the attorney general must include the reasonable fees or compensation paid for any of the following:

1. (1) Access to properties not controlled by the applicant, if not submitted as a reimbursable cost under 328 IAC 1-3-5.
2. (2) Institutional and engineered controls for off-site properties, including restrictive covenants as defined under IC 13-11-2-193.5.
3. (3) Attorney's fees, not to exceed twenty-five percent (25%) of the total claim or thirty thousand dollars ($30,000), whichever is less, are only payable if incurred by the owner or operator in defense of an ELTF indemnity claim.

(Petroleum Storage Tank Financial Assurance Board; 328 IAC 1-6-2; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1057; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Oct 17, 2001, 4:30 p.m.: 25 IR 802; filed Aug 30, 2004, 9:40 a.m.: 28 IR 143; 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)