Authority: IC 13-14-8; IC 13-23-1

Affected: IC 13-23-4-1; IC 13-23-4-2; IC 13-23-9-1.3

Sec. 11. (a) An owner or operator may satisfy the financial responsibility requirements of 40 CFR 280.93* by participation in the excess liability trust fund under 328 IAC 1. Reimbursement from the fund is determined by compliance with 328 IAC 1.

(b) An owner or operator of:

1. (1) twelve (12) or fewer USTs shall demonstrate the ability to pay the applicable deductible amount under IC 13-23-9-1.3; or
2. (2) more than twelve (12) USTs shall demonstrate the ability to pay two (2) times the applicable deductible amount under IC 13-23-9-1.3.

(c) The owner or operator shall demonstrate the ability to pay the applicable amount under subsection (b) with a written and signed certification worded exactly as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

1. "I certify that I own or operate, or that I am an authorized representative of the business entity that owns or operates, [insert number] underground storage tanks at the facility with facility identification (FID) number [insert FID number assigned by the Indiana Department of Environmental Management] located at [insert facility address]. I further certify that I have, or the business entity I represent has, the ability to pay the deductible or twice the deductible as applicable and required by IC 13-23-9-1.3 and 329 IAC 9-8-11(b). I further certify that the mechanism used to satisfy such deductible amount consists of the following: [insert mechanism description]".

(d) The department shall issue a certificate of financial assurance to each eligible tank owner or operator describing the nature of the state's assumption of responsibility. The certificate of financial assurance must contain the following information:

1. (1) Facility name and address.
2. (2) Facility identification number issued by the department.
3. (3) Amount of funds for corrective action and compensating third parties that is assured by the fund.

(e) The owner or operator must maintain the certificate of financial assurance described in subsection (d) on file as proof of financial responsibility in accordance with 40 CFR 280.111*.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, IN 46204.

(Solid Waste Management Division; 329 IAC 9-8- 11; filed Jul 19, 1999, 12:00 p.m.: 22 IR 3741; errata filed Sep 10, 1999, 9:08 a.m.: 23 IR 26; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; errata filed Feb 19, 2018, 10:06 a.m.: 20180228-IR-329180109ACA; filed May 29, 2018, 3:35 p.m.: 20180627-IR- 329160204FRA; filed Sep 12, 2023, 4:27 p.m.: 20231011-IR-329200025FRA; readopted filed Oct 16, 2024, 11:58 a.m.: 20241113-IR-329230812RFA)