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 2.08 - Eligible Claimants
Universal Citation: 503 MA Code of Regs 503.2
Current through Register 1531, September 27, 2024
To be eligible for Reimbursement from the Fund, a Claimant must be:
(1) A Person who has incurred or will incur allowable costs, expenses, and obligations as a result of:
(a) taking a Response Action; or
(b) paying a Final Judgment for Bodily Injury
or Property Damage to a third party or Damage to Natural Resources;
or
(c) otherwise incurring
allowable expenses, costs, and obligations as a result of an Eligible Release;
and
(2) Such Person must be one of the following:
(a) An Owner or
Operator of the current UST System or an Owner or Operator of the last UST
System at a Former Dispensing Facility who:
1.
paid all Annual Tank Fees, Delivery Fees, and late penalties;
2. demonstrates Full Compliance pursuant to
503
CMR 2.07; and
3. is not an agency or Political Subdivision
of the Federal Government, the Commonwealth or any other state or foreign
nation.
(b) A Person
acting on behalf of an Owner or operator described in 503 CMR 2.08(3) or on
behalf of a successor in ownership described in 503 CMR 2.08(3) pursuant to a
contract who takes a Response Action.
(c) An Owner or Operator who files a Third
Party Claim that satisfies the requirements of
503
CMR 2.12.
(d) A successor in property ownership in the
case where the UST System was removed prior to the property transfer and was
not replaced.
(3) For purposes of Claims filed by a Person other than the Owner of a UST System, such Person shall obtain and submit to the Department written authorization from the Owner, from a court of competent jurisdiction, or from the Board, allowing such Person to file Claims with the Board.
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