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 2.09 - Application for Eligibility

Universal Citation: 503 MA Code of Regs 503.2

Current through Register 1531, September 27, 2024

(1)

(a) An Application for Eligibility is used solely to determine eligibility for Reimbursement. An Application for Eligibility must be filed within 365 days of receiving an RTN, and if applicable, not later than 365 days after Closure.

(b) For those Owners who received a Certificate of Compliance pursuant to 503 CMR 2.07(2)(f):
1. an Application for Eligibility shall be filed pursuant to 503 CMR 2.09(l)(a); and

2. Claims for Reimbursement filed on or after July 23, 2007 shall be subject to a 5% reduction from the allowable costs, obligations and expenses for that Occurrence.

(c) Any reductions set forth in 503 CMR 2.09(l)(b) may be modified by the Board subject to the Conference process specified in 503 CMR 2.18(7).

(2) After filing an Application for Eligibility, the Applicant shall furnish the Board with such additional information as the Board deems necessary to determine that the Release and the Applicant meet the requirements set forth in 503 CMR 2.00 and M.G.L. c. 21 J.

(3) An Application for Eligibility shall not be accompanied by Claims, receipted bills or other indicia of amounts paid.

(4) An Application for Eligibility shall be considered complete upon its receipt and review by the Board. The Board shall confirm the status of the Application for Eligibility in writing.

(5) No Claim shall be submitted to the Board until the Board makes a favorable determination on the Application for Eligibility. If the Board obtains information or discovers that the UST System is not or was not in Full Compliance at any time after a Claimant's Application for Eligibility has been approved, the Board shall notify the Claimant in writing, and shall note the date of non-Compliance. The Board may, in its discretion, revoke the Certificate of Compliance until the UST System is restored to Full Compliance, and/or postpone approval and payment or deny approval and payment for any Claims relating to a Response Action at the applicable Site until the UST System is restored to Full Compliance. Within seven days of notification that the non-compliance has been corrected the Board shall reinstate the Certificate of Compliance and may, in its discretion, authorize approval or payment of any Claims. If the Board determines that the UST System continues not to be in Full Compliance, the Board shall notify the Claimant of that determination.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.