Code of Massachusetts Regulations
503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD
Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j
Section 2.01 - Purpose and Scope

Universal Citation: 503 MA Code of Regs 503.2

Current through Register 1531, September 27, 2024

(1)503 CMR 2.00 governs the administration of Reimbursement from the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board created by St. 1990, c. 524, which constitutes M.G.L. c. 21 J.

(2)503 CMR 2.00 provides Reimbursement to Eligible Claimants for allowable costs, expenses and obligations incurred by taking Response Actions, paying Third Party Claims, or otherwise incurring expenses, as a result of Releases.

(3)503 CMR 2.00 enables Owners and Operators of UST Systems to demonstrate the availability of an assurance mechanism that satisfies in whole or in part Federal and State financial responsibility mandates for such UST Systems. The Fund, however, is not insurance and 503 CMR 2.00 does not replace or supersede the obligations of insurance carriers to their insureds under insurance policies or contracts.

(4)503 CMR 2.00 ensures the continuing financial soundness of the Fund by providing Reimbursement only for allowable costs, expenses and obligations incurred by Eligible Claimants and as a result of:

(a) Taking Response Actions pursuant to 503 CMR 2.11; and

(b) Paying Final Judgments resulting from civil court action by third parties for Bodily Injury, Property Damage and Damage to Natural Resources pursuant to 503 CMR 2.12.

(5)503 CMR 2.00 simplifies the administration of the Fund and to ensure the Fund's financial soundness, 503 CMR 2.00 distinguishes between and treats differently Dispensing Facilities and Former Dispensing Facilities.

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