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 2.25 - Reimbursement for Former Dispensing Facilities

Universal Citation: 503 MA Code of Regs 503.2

Current through Register 1531, September 27, 2024

(1) Former Dispensing Facilities must have filed for a Certificate of Compliance by January 31, 1995 and submitted an Application for Eligibility along with the Claim by January 31, 1995 for costs, expenses or Obligations for:

(a) Work performed after April 1, 1991, and before July 1, 1994; or

(b) Payment of a Final Judgment on a Third Party Claim entered before July 1, 1994 for damages incurred after April 1, 1991, and before July 1, 1994.

(2) At the time of filing an Application for Eligibility pursuant to 503 CMR 2.09(1)(c), the individual shall submit to the Board documentation that the Former Dispensing Facility was operating as a Dispensing Facility on or after April 2, 1991. The documentation shall include, but not be limited to, delivery receipts, sales information, licensing information, and advertisements. The Owner or Operator shall certify under the penalties of perjury that the Former Dispensing Facility was operating on or after April, 2, 1991 and an Annual Tank Fees and Delivery Fees pursuant to 503 CMR 2.02 have been paid.

(3) A Claim filed in connection with a Former Dispensing Facility shall be subject to all other requirements of 503 CMR 2.00.

(4) The total of all Reimbursements made by the Fund as the result of an Occurrence of a Release at a Former Dispensing Facility shall not exceed the total of $500,000 for the Reimbursements described in 503 CMR 2.16(1)(b) and $1,000,000 for the Reimbursements described in 503 CMR 2.16(1)(c).

(5) Claims for Response Actions or civil court actions shall be submitted in compliance with 503 CMR 2.11 and 2.12.

List of Appendices:

Appendix 1: Application for Certificate of Compliance for Dispensing Facilities

Appendix 1R: Renewal Application for Certificate of Compliance for Dispensing Facilities

Appendix 2: Application for Eligibility

Appendix 3: Reimbursement Fee Schedule

Appendix 4: Application for Reimbursement

Appendix 5: Competitive Bidding, categories of activities

Appendix 6: Third Party Claims Arising from a Civil Court Action

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