reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 15 - Decommissioning of Manure Storage Facilities › Section 15-2 - General requirements

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-15; IC 13-18-10; IC 13-30
Sec. 2.
(a) The
				owner/operator of a CFO that plans to decommission a manure storage facility
				shall do the following:
(1) Decommission the
				manure storage facility in accordance with the requirements in this section
				prior to expiration of the approval.
(2) Continue to maintain the manure storage
				facility in accordance with the requirements of this article until the manure
				is removed.
(3) Have all the manure
				removed from the manure storage facility to the extent practical.
(4) Have the manure:
(A) applied to the land in accordance with
				327 IAC 19-14; or
(B) managed in
				accordance with this article and applicable state and federal laws.
(5) Follow the requirements in the
				Indiana NRCS Conservation Practice Standard Code 360, Closure of Waste
				Impoundments, November 2012*, if applicable.
(6) Have all associated appurtenances and
				conveyance structures removed from uncovered manure storage
				facilities.
(7) Recalculate the
				storage capacity for the CFO.
(8)
				Notify the department:
(A) before demolishing
				or converting the use of any manure storage facility; and
(B) of the intended future use of the manure
				storage facility if the manure storage facility is to be converted to another
				use.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 16 - Exiting the Confined Feeding Approval Program › Section 16-1 - Applicability

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
This rule applies to any CFO owner/operator that wants to be
				  removed from the program due to a:
(1)
				reduction in the size of the CFO to a number of animals that is less than the
				definition of CFO in
				327
				IAC 19-2-7; or
(2) decision to cease operation and
				completely close the entire CFO.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 16 - Exiting the Confined Feeding Approval Program › Section 16-2 - Reduction in size of the operation

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 2.
(a) A CFO may
				be removed from the regulated confined feeding approval program, but continue
				to operate as a smaller operation, if:
(1)
				the department has received a request from the owner/operator to be removed
				from the program and confirming that the CFO has and maintains fewer animals
				than the definition of CFOs in
				327
				IAC 19-2-7; and
(2) approved by the commissioner based on a
				review of the criteria in subsection (b).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 19 - CONFINED FEEDING OPERATIONS › Rule 16 - Exiting the Confined Feeding Approval Program › Section 16-3 - Closing the operation

Current through July 10, 2024
Authority: IC 13-14-8-7; IC 13-15-2-1; IC 13-18-10-4
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 3.
(a) A CFO may
				be removed from the regulated confined feeding approval program and completely
				closed if the department has been notified that:
(1) all livestock animals are removed from
				the site; and
(2) the CFO
				decommissioned all manure storage facilities in accordance with
				327 IAC
				19-15-2, including the removal of all
				manure.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 1 - General Provisions › Section 1-1 - General provisions

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC
				  13-11-2-196.2;
				  IC 13-14; IC 13-15; IC 13-18-10.5; IC 13-30
Sec. 1.
(a) Under IC
				13-18-10.5, a person may not start the following activities regarding a SMSS,
				as defined in IC 13-11-2-196.2, without obtaining the prior approval of the
				department:
(1) Construction.
(2) Expansion that increases manure
				containment capacity.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 1 - General Provisions › Section 1-2 - Appeal of decisions

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15-6; IC 13-15-7; IC
				  13-18; IC 13-30
Sec. 2.
A decision by the commissioner to approve, deny, revoke,
				  amend, require an approval, or impose additional requirements under this
				  article is appealable under IC 13-15-6 and IC 13-15-7. Information on appeal
				  rights shall be provided with the documentation of the commissioner's decision.
				  .
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
The definitions in 327 IAC 19-2 and the definitions in this
				  rule apply throughout this article.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 2 - Definitions › Section 2-2 - "One hundred (100) year flood event" defined

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 2.
"One hundred (100) year flood event" means a flood of a
				  magnitude equaled or exceeded, on the average, once in one hundred (100) years.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 2 - Definitions › Section 2-3 - "Satellite manure storage structure" or "SMSS" defined

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC
				  13-11-2-196.2;
				  IC 13-14; IC 13-15; IC 13-18; IC 13-30
Sec. 3.
"Satellite manure storage structure" or "SMSS" has the
				  meaning set forth in IC 13-11-2-196.2.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 3 - Performance Standards and Permit Conditions › Section 3-1 - Performance standards

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
A SMSS must be designed, constructed, maintained, and
				  operated in a manner that:
(1)
				prevents:
(A) runoff;
(B) spills; or
(C) manure releases;
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 3 - Performance Standards and Permit Conditions › Section 3-2 - Permit conditions

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 2.
(a) The owner
				or operator of a SMSS must:
(1) have a valid
				permit to operate; or
(2) close in
				accordance with 327 IAC 20-7.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 4 - Permit Application Requirements and Approval Process › Section 4-2 - Duration of permits

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15-7; IC 13-18; IC
				  13-30
Sec. 2.
(a) An
				initial permit may be issued for a fixed term not to exceed five (5) years. A
				renewal permit may be issued for a fixed term not to exceed ten (10)
				years.
(b) In accordance with IC
				13-15-7, a permit may be amended, revoked and reissued, or revoked prior to the
				expiration of the permit term.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 4 - Permit Application Requirements and Approval Process › Section 4-3 - Permit renewals

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC
				  13-15-4-9;
				  IC 13-18; IC 13-30
Sec. 3.
(a) The owner
				or operator must submit an application for a renewal permit to continue to
				operate a regulated a SMSS. The application must:
(1) be submitted on forms provided by the
				department;
(2) contain a current
				SMSS site plan, as described in section 1(b)(3) of this rule; and
(3) be submitted at least thirty (30) days
				prior to the expiration of the previous permit.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 4 - Permit Application Requirements and Approval Process › Section 4-4 - Permit modifications

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 4.
(a) The
				commissioner may issue a SMSS permit modification at any time.
(b) Changes to a SMSS requiring a permit
				modification include the following:
(1)
				Changes that increase storage capacity.
(2) Changes to approved design drawings or
				construction specifications.
(3)
				Any other changes the commissioner determines require a modification.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 4 - Permit Application Requirements and Approval Process › Section 4-5 - Public comment periods and notifications

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 5.
(a) An
				applicant who applies for a permit to construct or expand a SMSS, or renew a
				permit for a SMSS that has not begun construction, shall make a reasonable
				effort to provide notice, not more than ten (10) working days after submitting
				a complete application, to:
(1) the county
				executive of the county in which the SMSS is to be located or modified;
				and
(2) each owner and each
				occupant of land of which any part of the boundary is one-half (1/2) mile or
				less from the property on which the SMSS is to be located.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 4 - Permit Application Requirements and Approval Process › Section 4-6 - Transferability

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 6.
(a) When
				ownership of a SMSS is transferred, the parties completing the transaction
				shall request transfer of the permit by submitting a written agreement, within
				ninety (90) days of closing, to the commissioner. The agreement must contain
				the following:
(1) An anticipated date for
				transfer of permit responsibilities.
(2) Identification of responsibility for any
				violations existing at the time of the transfer, if applicable.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 5 - Design and Construction › Section 5-1 - Site restrictions and setbacks

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
(a) A SMSS
				must not be located:
(1) except as provided
				in subsection (b), in karst terrain based on information compiled by the
				department, and from karst and bedrock maps from the Indiana Geological Survey
				dated 1997;
(2) in a
				floodway;
(3) in a one hundred
				(100) year flood plain;
(4) over
				mines; or
(5) in soil types that
				are expected to have a seasonable high water table, unless the water table is
				lowered to keep the water table below the bottom of the SMSS as described in
				section 2(c) of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 5 - Design and Construction › Section 5-2 - Design requirements

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC 13-30;
				  IC 25-17.6
Sec. 2.
(a) A SMSS
				must be designed as follows:
(1) The bottom
				of the SMSS must be at least two (2) feet above bedrock.
(2) The bottom of the SMSS must be above the
				seasonal high water table, unless lowered in accordance with subsection
				(c).
(3) Test holes to obtain soil
				and water table information for the design must be obtained as follows:
(A) The number of test holes must be
				sufficient to adequately characterize the seasonal water table and soil
				underneath the SMSS.
(B) Test holes
				must be:
(i) evenly distributed throughout
				the SMSS;
(ii) at least two (2)
				feet below the base of the SMSS for concrete structures in karst and non-karst
				areas;
(iii) at least five (5) feet
				below the base of the SMSS for earthen structures in non-karst areas;
				and
(iv) placed in accordance with
				section 1(b)(3) of this rule in areas of karst terrain.
(C) Testing must be conducted by:
(i) a soil scientist registered under the
				Indiana board of registration for soil scientists;
(ii) a professional geologist certified in
				Indiana under IC 25-17.6; or
(iii)
				a professional engineer registered in Indiana.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 5 - Design and Construction › Section 5-3 - Design requirements for liners

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 3.
(a) The soil
				or foundation of an earthen SMSS must have a maximum specific discharge of
				one-sixteenth (1/16)
				in3/in2/day,
				1.8x10-6cm3/cm2/sec.
				This requirement may be satisfied by soil testing that shows a minimum of three
				(3) feet of in situ soils that:
(1) meet the
				maximum specific discharge criteria;
(2) are over-excavated a minimum of six (6)
				inches; and
(3) are recompacted to
				break up the existing macropore structure.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 5 - Design and Construction › Section 5-4 - Solid manure structure design requirements

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 4.
In addition to section 2 of this rule, a SMSS that contains
				  solid manure must be designed according to the following:
(1) The SMSS must:
(A) be covered to prevent rainwater from
				contacting the manure; or
(B) have
				storm water run-on and run-off controls.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 5 - Design and Construction › Section 5-5 - Liquid manure structure design requirements

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 5.
(a) In
				addition to section 2 of this rule, a SMSS that contains liquid manure must be
				designed according to the Indiana NRCS Conservation Practice Standard Code 313:
				Waste Storage Structure, October 2016*.
(b) An uncovered SMSS containing liquid
				manure must be designed with a minimum freeboard of two (2) feet unless an
				alternate design is approved by the commissioner under section 6 of this
				rule.
(c) Test holes for an earthen
				SMSS storing liquid manure must be placed at a rate of two (2) holes for the
				first one-half (1/2) acre of storage and one (1) additional hole for each
				additional one-half (1/2) acre of storage.
(d) Pipelines must be constructed according
				to the Indiana NRCS Conservation Practice Standard Code 634: Waste Transfer,
				October 2015*.
(e) The SMSS must be
				certified upon completion by a registered professional engineer on a form
				provided by the department. The engineer's certification must be kept in the
				operating record and submitted to the department prior to introducing manure
				into the SMSS.
*These documents are incorporated by reference. Copies may be
				  obtained from the Indiana NRCS State Office, 6013 Lakeside Boulevard,
				  Indianapolis, IN 46278, online at http://nrcs.usda.gov/, or are available for
				  review at the Indiana Department of Environmental Management, Office of Legal
				  Counsel, Indiana Government Center North, Thirteenth Floor, 100 North Senate
				  Avenue, Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 5 - Design and Construction › Section 5-6 - Alternative to rule requirements

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 6.
(a) An owner
				or operator may propose and request an alternative to a design, construction,
				or operational requirement specified in this article, provided the owner or
				operator can prove to the satisfaction of the commissioner that any alternative
				will provide equivalent or greater environmental protection than the
				requirements specified in this article.
(b) Any alternative must be submitted to the
				department and accompanied by documentation that demonstrates equivalent or
				greater environmental protection than the standard for which an alternative is
				being requested.
(c) No alternative
				may be used prior to approval by the commissioner.
(d) The commissioner shall provide written
				documentation describing the basis for any determination on an alternatives
				request.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 5 - Design and Construction › Section 5-7 - Construction

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 7.
(a) The owner
				or operator shall notify the commissioner in writing at least two (2) days
				prior to scheduled construction of a SMSS. Multiple notices, with
				identification of the parts of the SMSS that are completed at the time of
				submittal, are required if an owner or operator performs partial construction
				of an approved structure and plans to utilize that portion prior to completing
				construction of the entire SMSS.
(b) Any field tiles or drainage outlets
				encountered during construction must be blocked or rerouted in accordance with
				any applicable local approval requirements and be cut back at least fifty (50)
				feet from the edge of any:
(1) berm;
(2) concrete pit; or
(3) earthen SMSS.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 6 - Maintenance, Operation, and Monitoring › Section 6-1 - Maintenance requirements

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
(a) A SMSS
				must be maintained and operated to meet the requirements of this article and
				the permit conditions.
(b) The
				owner or operator shall inspect the SMSS for compliance with this article and
				the permit conditions at least one (1) time each month. Any maintenance
				activities shall be documented in the operating record.
(c) An uncovered SMSS storing liquid manure
				must:
(1) be maintained, with a minimum
				freeboard of two (2) feet, unless otherwise specified in the permit;
				and
(2) have clearly identified
				markers to indicate manure levels relative to the approved freeboard
				elevation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 6 - Maintenance, Operation, and Monitoring › Section 6-2 - Operating record

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 2.
(a) The owner
				or operator of a SMSS must keep an operating record that includes the
				following:
(1) The complete
				application.
(2) The SMSS site
				plan.
(3) Notification of
				construction required by 327 IAC 20-5-7(a).
(4) Notarized affidavit required by 327 IAC
				20-5-7(c).
(5) Certification by a
				registered professional engineer, required by 327 IAC 20-5-5(e).
(6) The current emergency response plan,
				described in section 3(a) of this rule.
(7) Documentation of any spill response,
				described in section 3(b) of this rule, implemented within the permit
				term.
(8) Documentation of
				maintenance activities on the SMSS.
(9) Copies of any written waivers related to
				reduction of the setback distances.
(10) All permits, modifications, renewals,
				and notifications applicable to the SMSS.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 6 - Maintenance, Operation, and Monitoring › Section 6-3 - Emergency response plan

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 3.
(a) The owner
				or operator of a SMSS shall develop an emergency response plan to be kept in
				the operating record. The plan shall contain the following:
(1) Procedures for the following:
(A) Containing a manure release to prevent it
				from reaching waters of the state.
(B) Locating the source of a manure release
				and stopping the flow of manure.
(C) Returning released manure to the SMSS or
				an approved waste management system.
(D) Contacting the following:
(i) The owner or operator.
(ii) Any applicable local emergency or health
				authorities.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 7 - Exiting the Satellite Manure Storage Structure Program › Section 7-1 - Exiting the program but continuing to operate

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 1.
(a) A SMSS
				may be removed from the SMSS permitting program, but continue to operate if the
				department has received and approved a request from the owner or operator to be
				removed from the program. The request must include confirmation that the SMSS:
(1) no longer meets the definition of a SMSS
				under this article; or
(2) shall be
				operated under another regulatory program, if applicable.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 7 - Exiting the Satellite Manure Storage Structure Program › Section 7-2 - Decommissioning a satellite manure storage structure

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 2.
(a) The
				owner or operator of a SMSS that plans to decommission a SMSS shall do the
				following:
(1) Continue to maintain the SMSS
				in accordance with the requirements of this article until the manure is
				removed.
(2) Follow the
				requirements in the Indiana NRCS Conservation Practice Standard Code 360, Waste
				Facility Closure, November 2012*, if applicable.
(3) Have all associated appurtenances and
				conveyance structures removed from uncovered manure storage
				facilities.
(4) Notify the
				department:
(A) before demolishing or
				converting the use of any SMSS; and
(B) of the intended future use of the SMSS,
				if the SMSS is to be converted to another use.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 20 - SATELLITE MANURE STORAGE STRUCTURE PERMITTING PROGRAM › Rule 7 - Exiting the Satellite Manure Storage Structure Program › Section 7-3 - Closing a SMSS and exiting the program

Current through July 10, 2024
Authority: IC
				  13-14-8-7; IC
				  13-15-2-1;
				  IC 13-18-10.5
Affected: IC 13-11-2; IC 13-14; IC 13-15; IC 13-18; IC
				  13-30
Sec. 3.
(a) A SMSS
				may be removed from the SMSS permit program and completely closed if the owner
				or operator has notified the department that the SMSS has been decommissioned
				in accordance with this rule, including the removal of all manure and
				completion of all additional decommissioning activities required under section
				2 of this rule.
(b) A SMSS shall
				not be considered removed from the SMSS program until all manure in the SMSS
				has been managed:
(1) as fertilizer in
				accordance with 355 IAC 8; or
(2)
				in accordance with other applicable state and federal laws.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-1 - Application of definitions

Current through July 10, 2024
Authority: IC
				  13-23-11-7
Affected: IC
				  13-11-2; IC 13-23
Sec. 1.
In addition to the definitions in IC
				  13-11-2, the definitions in this
				  rule apply throughout this article.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-2 - "Administrator" defined

Current through July 10, 2024
Authority: IC
				  13-23-11-7
Affected: IC 13-23
Sec. 2.
"Administrator" refers to the commissioner of the department
				  of environmental management.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-2.2 - "Closure" or "closed" defined (Repealed)

Current through July 10, 2024
Sec. 2.2.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-3 - "Corrective action" defined

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23
Sec. 3.
"Corrective action" has the meaning set forth at
				  329 IAC
				  9-1-14.5.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-3.1 - "Corrective action plan" or "CAP" defined

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23-7; IC 13-23-9-2.2
Sec. 3.1.
"Corrective action plan" or "CAP" has the meaning set forth
				  at
				  329 IAC
				  9-1-14.7.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-4 - "Deductible amount" defined

Current through July 10, 2024
Authority: IC
				  13-23-11-7
Affected: IC
				  13-23-9-1.3
Sec. 4.
"Deductible amount" means the amount specified in IC
				  13-23-9-1.3
				  applicable to each incident number assigned by the department.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-5.1 - "Emergency measures" defined

Current through July 10, 2024
Authority: IC
				  13-23-11-7
Affected: IC
				  13-12-3-2;
				  IC
				  13-23-9-1.5
Sec. 5.1.
"Emergency measures" means any work described under IC
				  13-23-9-1.5(a)(2)(C).
				  The term only includes the necessary work performed to directly abate the
				  following conditions related to a release:
(1) Petroleum or petroleum constituents are
				detected in indoor air in a building at concentrations exceeding the
				appropriate screening levels as specified by the department in accordance with
				the remediation standards determined under IC
				13-12-3-2
				for the contaminants of concern.
(2) Petroleum or petroleum constituents,
				greater than ten percent (10%) of the measured lower explosive limits, are
				detected anywhere in utility conduits, such as sewers.
(3) Petroleum or petroleum constituents are
				detected as free product or sheen in utility conduits or surface
				water.
(4) Petroleum or petroleum
				constituents are detected as free product off-site, not including easements or
				rights-of-way.
(5) Petroleum or
				petroleum constituents are detected at or above the appropriate screening
				levels for ground water as specified by the department in accordance with the
				remediation standards determined under IC
				13-12-3-2(a):
(A) in a drinking water well, as measured at
				the point of compliance or at the tap; or
(B) within one (1) year time of travel from a
				public drinking water well, and the petroleum or petroleum constituents are in
				imminent danger of impacting drinking water.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-6.5 - "Fund qualifying occurrence" defined (Repealed)

Current through July 10, 2024
Sec. 6.5.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-7 - "Occurrence" defined

Current through July 10, 2024
Authority: IC 13-23
Affected: IC 13-23
Sec. 7.
"Occurrence" means an incident that results in a release of
				  petroleum, including a continuous or repeated release of petroleum, from an UST
				  system.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-7.5 - "Off-site" defined

Current through July 10, 2024
Authority: IC 13-23
Affected: IC 13-23
Sec. 7.5.
"Off-site" means property other than the following:
(1) The parcel of real estate that contains
				the underground storage tank that is the source of the release.
(2) Other parcels owned by a person described
				in 328 IAC
				1-3-1(a).
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-8.3 - "Reasonable" defined

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23; IC 13-23-9-1.5
Sec. 8.3.
"Reasonable" means that the site characterization and
				  corrective action are:
(1) appropriate
				and performed only as necessary to meet the cleanup objectives for the site;
				and
(2) consistent with the
				requirements of:
(A) 329 IAC 9;
(B)
										328 IAC 1-3-5(b)
				 through
				328 IAC
				1-3-5(e); and
(C) other applicable state and federal laws
				and regulations.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-8.5 - "Site characterization" defined

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23
Sec. 8.5.
"Site characterization" means the work performed under the
				  initial site characterization (ISC) described at
				  329 IAC
				  9-5-5.1 or further site investigations described in
				  329
				  IAC 9-5-6 and may include, as necessary, quarterly
				  monitoring and pilot studies to determine the feasibility of remediation
				  alternatives.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 1 - Definitions and References › Section 1-12 - "UST system" or "tank system" defined

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23
Sec. 12.
"UST system" or "tank system" has the meaning set forth at
				  40
				  CFR 280.12.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 2 - Scope and Fund Management › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23
Sec. 1.
Persons listed in
				  328 IAC 1-3-1 may
				  apply to the fund for payment of reimbursable costs and ELTF indemnity claims,
				  in accordance with the following:
(1)
				Eligibility requirements, deductible amounts, maximum reimbursement per
				eligible release, and maximum reimbursement per eligible party are determined
				by the requirements and limits in effect on:
(A) the date the release occurs; or
(B) if the date that the release occurs
				cannot be determined, the date the release was discovered.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 2 - Scope and Fund Management › Section 2-2 - Fund management

Current through July 10, 2024
Authority: IC
				  13-23-11-7
Affected: IC 13-23
Sec. 2.
The administrator of the fund shall prepare an annual report
				  to the financial assurance board by September 1 of each year. The report must
				  include the following:
(1) A financial
				statement detailing information for the management and oversight of the fund,
				including:
(A) facts concerning the amount of
				money currently in the fund;
(B)
				the amount of money obligated for corrective actions and ELTF indemnity claims;
				and
(C) estimates of future revenue
				for and demands on the fund.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 2 - Scope and Fund Management › Section 2-3 - Obligation of monies

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23
Sec. 3.
(a) Claims
				shall be paid in the order received by the administrator unless the procedure
				set forth in 328 IAC 1-4 is applicable.
(b) At the beginning of each state fiscal
				year, the administrator shall obligate sufficient monies for administering the
				fund. This amount shall be approved by the financial assurance board.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 3 - Fund Coverage and Eligibility › Section 3-1 - Fund access

Current through July 10, 2024
Authority: IC 13-23
Affected: IC 13-23-7; IC 13-23-8-4; IC 13-23-9-1.3
Sec. 1.
(a) Fund
				access is limited to eligible parties and those assigned the right of fund
				access by an eligible party.
(b)
				Any or all persons listed under subsection (a) may apply to the fund for
				payment of reimbursable costs or ELTF indemnity claims if:
(1) the release is an eligible
				release;
(2) the applicant provides
				documentation of reimbursable costs incurred equal to:
(A) the appropriate deductible amount in
				accordance with IC 13-23-9-1.3(a); and
(B) any additional amount calculated in
				accordance with IC 13-23-9-1.3(b); and
(3) a claim for the same costs:
(A) has not been submitted to or paid by the
				fund; and
(B) will not be paid more
				than once by the fund.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 3 - Fund Coverage and Eligibility › Section 3-1.2 - Electronic submittal of claim

Current through July 10, 2024
Authority: IC 13-23
Affected: IC 13-23
Sec. 1.2.
Electronic submission of information that is required by
				  this article may be requested by the commissioner. The format and submittal
				  mechanism will be prescribed by the commissioner. Any information submitted on
				  electronic media must also be submitted as a paper copy or copies, unless the
				  commissioner makes a determination that only an electronic copy is
				  needed.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 3 - Fund Coverage and Eligibility › Section 3-1.3 - Cost effectiveness of corrective action

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23-7; IC 13-23-9-1.5
Sec. 1.3.
(a) The
				administrator shall determine if the work to be performed or the work already
				performed, or a portion thereof, under the approved CAP is cost effective after
				the person described in section 1 of this rule has done the following:
(1) Completed the site characterization for
				the release at the site.
(2)
				Submitted the information in clauses (A) through (C) to the administrator in a
				form or format approved by the administrator as follows:
(A) For each of the remediation alternatives
				as required by
				329
				IAC 9-5-6, details of the work to be performed and the
				projected costs.
(B) The CAP
				approval letter from the department.
(C) If appropriate, a demonstration that the
				selected remediation alternative will substantially reduce or eliminate ELTF
				indemnity claims.
The administrator may review information concerning cost
				  effectiveness while reviewing a CAP submitted for approval; however, the
				  administrator shall not make a determination on cost effectiveness before a CAP
				  is approved.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 3 - Fund Coverage and Eligibility › Section 3-1.6 - Preapproval of work

Current through July 10, 2024
Authority: IC 13-23-11-7
Affected: IC 13-23-7; IC 13-23-9-2.2
Sec. 1.6.
(a)
				Persons described in section 1 of this rule may submit to the administrator a
				request for a preapproval of projected work to be performed for site
				characterization in accordance with
				328 IAC
				1-1-8.5 and under the approved CAP. The request and
				any additional information requested by the administrator must be in a form or
				format approved by the administrator. The administrator shall base preapproval
				of a request on a determination of the following:
(1) Cost effectiveness under section 1.3 of
				this rule.
(2) That the costs are
				reasonable.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 3 - Fund Coverage and Eligibility › Section 3-3 - Requirements for reimbursements

Current through July 10, 2024
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) Demonstrate that the release is an
				eligible release.
(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:
(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;
(B) remaining claims for payment of
				reimbursable costs within three hundred sixty-five (365) days after the date
				those costs were incurred; and
(C)
				resubmittals associated with any disallowed cost within three hundred
				sixty-five (365) days after the denial of the claim.
(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) 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:
(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
(B) resubmittals associated
				with any disallowed cost within three hundred sixty-five (365) days after the
				denial of the claim.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 3 - Fund Coverage and Eligibility › Section 3-5 - Costs

Current through July 10, 2024
Authority: IC 13-23
Affected: IC 13-12-3-2; IC 13-23-3-2; IC 13-23-8-4; IC
				  13-23-9-1.5
Sec. 5.
(a) The
				administrator may pay ELTF claims for costs described under IC 13-23-9-1.5.
(b) Eligible parties may seek
				payment from the fund for the following:
(1)
				Site characterization costs, which include:
(A) research;
(B) field time;
(C) report writing; and
(D) clerical support.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 3 - Fund Coverage and Eligibility › Section 3-6 - Limitation of liability

Current through July 10, 2024
Authority: IC
				  13-23-11-7
Affected: IC 13-23
Sec. 6.
The application for or receipt of payment for reimbursable
				  costs does not limit the legal responsibility of persons listed in section 1 of
				  this rule for damages incurred by another person as a result of a release.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 4 - Prioritization of Claims › Section 4-1 - General procedure for prioritization

Current through July 10, 2024
Authority: IC 13-23
Affected: IC
				  6-6-1.1-103; IC
				  13-12-3-2;
				  IC
				  13-23-9-4
Sec. 1.
(a) The
				procedures in this section apply in the event the unencumbered balance, less
				the unpaid, approved claims for reimbursable costs and ELTF indemnity claims,
				in the fund falls below the following:
(1)
				Twenty-five million dollars ($25,000,000).
(2) Five million dollars ($5,000,000), with
				the prioritized claims, based on the categorized releases, paid in accordance
				with section 4 of this rule.
The administrator may invoke this section prior to the
				  unencumbered fund balance, less the unpaid, approved claims for reimbursable
				  costs and ELTF indemnity claims, falling below the amounts specified in
				  subdivision (1) or (2).
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 4 - Prioritization of Claims › Section 4-3 - Recategorization of eligible releases

Current through July 10, 2024
Authority: IC 13-23
Affected: IC
				  13-23-9-2;
				  IC
				  13-23-9-4
Sec. 3.
(a) To ensure
				the efficient administration of the fund, the administrator may recategorize an
				eligible release at any time that it is determined an eligible release has been
				incorrectly categorized as follows:
(1) The
				administrator shall notify the applicant by mail of the new category.
(2) The applicant may petition the
				administrator to be put in a lower number category, with category 1 being the
				lowest, based on new information.
(3) If the administrator approves placement
				in a lower number category, the applicant may seek reimbursement under the new
				category for any costs incurred subsequent to the placement in the new
				category.
(4) If the administrator
				approves placement in a higher number category with category 5 being the
				highest category, the applicant has fifteen (15) days after the date of the
				notification to submit current costs under the new category.
Indiana Administrative Code › Title 328 - UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD › Article 1 - EXCESS LIABILITY TRUST FUND CORRECTIVE ACTION AND ELTF LIABILITY INDEMNITY CLAIM PAYMENTS › Rule 4 - Prioritization of Claims › Section 4-4 - Monthly reimbursement

Current through July 10, 2024
Authority: IC 13-23
Affected: IC
				  13-23-7-2;
				  IC
				  13-23-9-2;
				  IC
				  13-23-9-4
Sec. 4.
(a) After
				priority payment under section 1(a)(2) of this rule is initiated, the total
				amount reimbursed from the fund in any calendar month must not exceed the fund
				revenue of the previous month, less the administrative expenses of the fund.
				The administrator must adjust the total amount reimbursed from the fund in any
				calendar month as necessary to maintain a fund balance of at least five million
				dollars ($5,000,000).
(b) For
				purposes of this section, "fund revenue" means any or all sources of money as
				described in IC
				13-23-7-2.