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 2.16 - Limitation on Reimbursements and Deductible Amounts
Universal Citation: 503 MA Code of Regs 503.2
Current through Register 1531, September 27, 2024
(1) The total of all Reimbursements made by the Fund as the result of an Occurrence at a Dispensing Facility shall not exceed the total of:
(a) $1.5 million for all reimbursements
pursuant to M.G.L. c. 21J, § 4(a)(1) and
503 CMR
2.10 (a Response Action cost) of an Owner or
Operator of a Dispensing Facility from which Petroleum Product is sold or
transferred to other Dispensing Facilities or to the public or the Owner or
Operator of a Dispensing Facility that handles an average of more than 10,000
gallons of Petroleum Product per month based on annual throughput for the
calendar year previous to filing an Application for Eligibility; or
(b) $500,000 for all reimbursements pursuant
to M.G.L. c. 21 J, § 4(a)(2) and
503
CMR 2.12 (Damages to Third Parties cost) an
Owner or Operator of a Dispensing Facility who does not qualify under 503 CMR
2.16(1)(a).
(c) $1.0 million for
all reimbursements pursuant to M.G.L. c. 21 J, § 4(a)(2) and
503
CMR 2.12 (Damages to Third Parties) of an
Owner or Operator of a Dispensing Facility or Former Dispensing
Facility.
(d) For purposes of 503
CMR 2.16(1)(a) and (l)(b), reimbursements amounts are calculated as follows:
1. All Reimbursements pursuant to M.G.L. c.
21J, § 4(a)(1) and
503 CMR
2.10 (Response Action); minus
2. The Deductible Limit specified in M.G.L.
c. 21 J, § 5(b) and
503 CMR 2.02 and 503
CMR 2.16(2).
(e) For
purposes of 503 CMR 2.16(1)(c), reimbursement amounts are calculated as
follows:
1. All Reimbursements pursuant to
M.G.L. c. 21 J, § 4(a)(2) and
503
CMR 2.12 (Damages to Third Parties);
minus
2. The Deductible Limit
specified in M.G.L. c. 21 J, § 5(b),
503 CMR 2.02 and 503
CMR 2.16(2).
(2) The following amounts shall be the Deductible Limits per Occurrence:
(a) If the
Owner or Operator owns three or more Facilities, $10,000.
(b) If the Owner or Operator owns two
Facilities, $7,500.
(c) If the
Owner or Operator owns only one Facility, $5,000.
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