§ 46-12.9-7 - Rules and regulations.

SECTION 46-12.9-7

   § 46-12.9-7  Rules and regulations. –The department is hereby authorized to promulgate, implement and amendregulations, in accordance with the provisions of chapter 35 of title 42,providing for the submission of claims to the fund and the timely disbursementof monies from the fund. Such regulations shall include, but not be limited to,the following:

   (1) A means of notifying all eligible parties of theexistence and functioning of the fund;

   (2) The record keeping required of eligible parties forsubmission to and reimbursement from the fund;

   (3) A set criteria which establishes the eligibility forreimbursement of specific costs, expenses and other obligations;

   (4) A method of providing periodic reimbursement for eligiblecosts incurred by an eligible party after July 8, 1994;

   (5) A requirement that the review board render its decisionsto an eligible party upon the receipt of a complete claim for reimbursementwithin ninety (90) days following its receipt of completed claim;

   (6) Establishing procedures for verifying claims presentedunder this chapter;

   (7) Establishing procedures for approving, modifying ordenying claims;

   (8) The eligibility of claims shall be determined by thereview board; provided however, that no claims shall be considered for costsincurred prior to January 1, 1994 by responsible parties who are owners oroperators of no more than one location containing underground storage tanks andJuly 8, 1994 by all other responsible parties.

   (9) Empowering the department to recognize and arrange forperformance-based and other contracts with the responsible party and contractorfor the remediation of a release.

   (10) Empowering the department to arrange for theestablishment of alternate means of financial responsibility.