§ 27-1-29-14 — Eligibility and guidelines for payment from fund

(a) In order to be eligible for payment under
this chapter, a liability of a political subdivision must arise out of a
claim based upon an act or omission that takes place while the political
subdivision is a member of the fund.
(b) The maximum amount payable from the fund for any liability,
whether or not it is covered under IC 34-13-3 (or IC 34-4-16.5 before
its repeal), is:
(1) for injury, death, or damage suffered by any one (1) person as
a result of the act or omission from which the liability arises:
(A) three hundred thousand dollars ($300,000) for a cause of
action that accrues before January 1, 2006;
(B) five hundred thousand dollars ($500,000) for a cause of
action that accrues on or after January 1, 2006, and before
January 1, 2008; or
(C) seven hundred thousand dollars ($700,000) for a cause of
action that accrues on or after January 1, 2008; and
(2) one million dollars ($1,000,000) for all injury, death, or
damage suffered by all persons as a result of the act or omission
from which the liability arises.
(c) No amount may be paid from the fund in respect of punitive
damages paid by or assessed against a member of the fund.
(d) No amount may be paid from the fund in the case of a liability
based upon bodily injury or property damage arising out of the
discharge, dispersal, release, or escape of smoke, vapors, soot, fumes,
acids, alkalis, toxic chemicals, liquids, gases, waste materials, or other
irritants, contaminants, or pollutants into or upon land, the atmosphere,
or any watercourse or body of water unless the discharge, dispersal,
release, or escape:
(1) is caused by an act or omission of a political subdivision that
is a member of the fund; and
(2) occurs as a result of:
(A) a household hazardous waste; or
(B) a conditionally exempt small quantity generator (as
described in 40 CFR 261.5(a));
collection, disposal, or recycling project conducted by or
controlled by the political subdivision.
(e) The commissioner may pay a liability of a member of the fund
in a series of annual payments. The amount of any annual payment
under this subsection must be one hundred thousand dollars ($100,000)
or more, except for the final payment in a series of payments.
(f) The commission may negotiate a structured settlement of any
claim.
(g) As used in this section, "household hazardous waste" means
solid waste generated by households that consists of or contains a
material that is:
(1) ignitable, as described in 40 CFR 261.21;
(2) corrosive, as described in 40 CFR 261.22;
(3) reactive, as described in 40 CFR 261.23; or
(4) toxic, as described in 40 CFR 261.24.

Legislative History

As added by P.L.162-1986, SEC.1. Amended by P.L.273-1987, SEC.1; P.L.256-1995, SEC.1; P.L.1-1998, SEC.145; P.L.108-2003, SEC.1.