Current through Register 1531, September 27, 2024
(1)503 CMR 2.00 should be read together with M.G.L. c. 21J, which has important substantive requirements not repeated in 503 CMR 2.00.
(2)
Computation of Time. For the purpose of administering 503 CMR 2.00, any time period prescribed or referred to in 503 CMR 2.00 or in any determination issued pursuant to 503 CMR 2.00 shall begin with the first day following the act that initiates the running of the time period, and shall include every calendar day, including the last day of the time period so computed. If the last day is a Saturday, Sunday, legal holiday, or any other day in which the offices of the Board are closed, the deadline shall run until the end of the next business day.
(3)
Accurate and Timely Submittals.
(a) No Person shall make any false, inaccurate, or misleading oral or written statement in any application, record, report, plan, or statement that the Person submits, or is required to submit, to the DOR or the Board pursuant to 503 CMR 2.00 or to any order issued by the Board or the DOR.
(b) Any application, record, report, plan, or statement that any Person is required to submit to the Board or DOR shall be submitted within the time period prescribed in M.G.L. c. 21J, 503 CMR 2.00 or any order issued by the Board, unless otherwise specified by the Board.
(c) Timely receipt of documents shall be evidenced by a date stamp of the Board. Electronic date stamps assigned by DOR computer systems for documents submitted electronically shall be valid. The date evidenced by the date stamp shall control unless the Applicant contests the date by presenting proof of filing or submission by a receipt from Registered or Certified postage prepaid United States mail, properly addressed, or by a receipt from a regionally recognized overnight carrier. Filings or submissions may also be personally delivered to the addressee with an additional return copy to be date stamped for proof of filing or submission.
(d) Any application, record, report, plan, or statement that any Person is required to submit to the Board or DOR shall be sent to the addressee designated by the Board. To obtain information on designated addressees and general information on the M.G.L. c. 21J program,
see the Underground Storage Tank Program at
www.mass.gov/ust.
(5)
Accurate and Complete Record Keeping; Assignment of Claims.
(a) A Claimant shall keep all records relating to any Claim for at least four years from the date on which the Claim submittal was reimbursed or otherwise finalized of by action of the Board. Upon the written request of the Board or DOR, these records shall be made available to the Board or DOR, at a location in the Commonwealth designated by the Board or DOR.
(b) No Person shall make any false or misleading statement in any record, report, plan, file, log, or register that the Person keeps, or is required to keep, pursuant to 503 CMR 2.00 or to any order of the Board. Any record, report, plan, file, log, or register that any Person is required to keep shall be filled out completely and otherwise kept in compliance with 503 CMR 2.00 and/or with any order issued by the Board.
(c) A Person shall report to the Board with the Application for Eligibility, or subsequent to the Application for Eligibility within 60 days of discovery, any source of reimbursement related to a Release, including, without limitation, insurance coverage, or within 21 days of a request by the Board or DOR. Failure to submit the information may subject a Person to the sanctions set forth in M.G.L. c. 21J, § 13 and 503 CMR 2.00.
(d) The Fund shall not reimburse those amounts reimbursed by any other source of payment. If a Claimant has sought reimbursement from another source, including insurance, for any cost, expense, or obligation for which a claim is filed hereunder, the Claimant must inform the Board within 60 days of filing its claim and provide any documentation requested by the Board relating to such other possible reimbursement. The Board may require a Claimant to assign its claim for reimbursement from another source or its rights to file a claim for reimbursement from another source, including insurance, to the Fund. This assignment may, in the Board's discretion and depending on the facts and circumstances, constitute a requirement that the Claimant turn over all or a portion of any funds it receives as reimbursement related to the Release from a source other than the Fund. It may also constitute a requirement that the insurer reimburse the Fund directly for all payments related to the Release. A Claimant may also assign such claims to the Fund on its own initiative. If the Claimant receives reimbursement for a Claim from other source(s) for any cost, expense or obligation previously reimbursed by the Fund, the Claimant shall return to the Fund the amount reimbursed by the Fund within 30 days receipt of the other reimbursement. If a Claimant receives reimbursement from another source that does not specifically identify a Claim that was reimbursed by the Fund, the Claimant shall return to the fund the portion of the reimbursement that is attributable to a Response Actions up to the amount previously reimbursed by the Fund for the Release. The Claimant must fully document and provide to the Board any pro rata calculation it makes in determining the correct portion of the unallocated reimbursement it receives that is attributable to such Response Action.
(6)
Certification.
(a) Any Person submitting an Application for Eligibility or an Application for Reimbursement pursuant to 503 CMR 2.00, or otherwise as required by the Board or DOR, shall make the following Certification in conjunction therewith:
"I certify under the penalty of perjury that to the best of my knowledge and belief the statements made and information given herein are true. I further certify that this submission is in compliance with M.G.L. c. 21J and 503 CMR 2.00. I hereby consent to all audits of payment and necessary inspections made to verify the accuracy of any submission to the Board or DOR and made pursuant to law and incidental to the issuance of licenses, registrations, permits, certificates and the operation of an UST System. I am aware that there are significant penalties for submitting false information, including possible fines, civil penalties and imprisonment. I further certify that I am authorized to execute this form.
I agree to return any erroneous payment to the Fund within ten days of either the receipt of the erroneous payment or the receipt of a written notice from the Board or DOR that an erroneous payment was made."
(b) The certification required by 503 CMR 2.03(1) must be made by one of the following:
1. If a corporation, by an officer of the corporation or an individual designated by a Power of Attorney to act on behalf of the corporation for purposes of 503 CMR 2.00;
2. If a partnership, a sole proprietorship, or trust, by a general partner, the sole Proprietor, or a trustee, respectively; or
3. If any other entity, by a principal or an individual designated by a Power of Attorney to act on behalf of the principal for purposes of 503 CMR 2.00.
(7)
Conflicts of Interest. A Board member who complies with the provisions of M.G.L. c. 268A shall be deemed to be in compliance with the limitation set forth in the last sentence of the first paragraph of M.G.L. c 21J, § 8.
(8)
Effective Date for Dispensing Facilities for Boats at Marinas. References in 503 CMR 2.00 to the dates of April 1, 1991 or April 2, 1991 shall, in the case of Marinas that dispensed Petroleum Product as of July 1, 1992, be references to the dates July 1, 1992 or July 2, 1992, respectively.
(9)
Reproduction of Forms.
(a) All applications and other forms may be reproduced or computer-generated provided that copies are reproduced identically or as close to identical as feasible. In no case shall language substitutions be acceptable.
(b)
An Application for Reimbursement. Listing may be presented in a computer spreadsheet format provided it is in the same format as the Application and is otherwise clearly legible.
