§ 46-12.9-6 - Eligibility.
SECTION 46-12.9-6
§ 46-12.9-6 Eligibility. – (a) In order to be eligible for reimbursement from the fund for eligible costsa responsible party must be subject to financial responsibility as required bythe EPA (40 CFR part 280 subpart H) and:
(1) Have substantially complied with all state technicalrequirements for underground storage tanks and underground storage tank systemsas promulgated by the department of environmental management pursuant tochapter 12 of this title and chapter 17.1 of title 42, including, but notlimited to, requirements for registration, proper installation, spillcontainment, line leak detection, corrosion protection, leak detection, tanktightness testing, inventory control, closure and leak or spill reporting;
(2) Have incurred an eligible cost in excess of thedeductible amount specified in § 46-12.9-5(b)(1) whether for clean-up orrelated matters or for claims of third parties as set forth in § 46-12.9-3resulting from a release of petroleum, subject to the motor and special fuelstax from an underground storage tank or underground storage tank system. Inorder to apply for reimbursement from the fund, it shall not be necessary thatthe third party and the responsible party complete adjudication of any claimbefore submission to the review board; provided, however, that all such claimsshall be reasonably verified and must be demonstrated to the reasonablesatisfaction of the review board in order to be considered eligible forreimbursement.
(b) Notwithstanding the financial responsibility requirementof this section, responsible parties may be eligible for reimbursement ofeligible costs incurred for government sites provided that:
(1) A city, town, the state or a state agency is theresponsible party for a release at the government site and was the owner of thesite at the time of the release;
(2) A city, town, the state or a state agency is theresponsible party and owner of the government site at the time of applicationon which a release occurred prior to the city, town or state agency'sownership, provided that the government entity purchased the property prior toMarch 1, 1998; or
(3) A city, town, the state or a state agency was theresponsible party at the time of the release and the government site is ownedby a successor in interest at the time of application.
(c) Notwithstanding the requirement that the releasedpetroleum be subject to the motor and special fuels tax, underground storagetanks containing petroleum products for which the motor and special fuels taxis inapplicable including, but not limited to, underground storage tanks usedfor the distribution of No. 2 heating oil, used/waste oil, kerosene or othermaterials as deemed appropriate by the review board may be eligible forreimbursement with the following exceptions:
(1) Underground storage tanks containing heating or fuel oilsused solely for onsite consumption shall not be eligible.
(2) Underground storage tanks exempted from the department's"regulations for underground storage facilities used for petroleum products andhazardous materials" under Section 5.03 and Section 9.01 (A-D) shall not beeligible.