328 IAC 1-4-3 - Recategorization of eligible releases
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.
(b) Eligible releases may be
recategorized based on:
(1) the current
environmental conditions;
(2)
information indicating the elimination or abatement of the condition or
conditions that led to the placement of an eligible release in a
category;
(3) the discovery of the
event that led to the placement in a lower category with category 1 being the
lowest; or
(4) other information
available to the administrator demonstrates that recategorization is
appropriate.
(c) Except
as provided in subsection (a), the priority of a claim is determined by the
category of the eligible release at the time the claim is approved by the
administrator and by section 1(c)(6) of this rule.
Notes
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