Current through Register Vol. 24-24, December 15, 2024
(1) A
third-party claim relating to a release prior to enrollment from a petroleum
underground storage tank will not be eligible for funds under this program. The
owner or operator of an enrolled petroleum underground storage tank or a third
party have the burden to show the release occurred post enrollment by clear,
cogent, and convincing evidence.
(2) For a third-party property claim to be
eligible, the following requirements must be met:
(a) If applicable, the third party must
consent to property access and sign the access agreement.
(b) If applicable, the third party must allow
remediation work to occur on their property.
(c) An agreement that the agency may conduct
an audit of any claim honored by the agency and that the third party will
reimburse the agency for any disallowance of costs occasioned by such an audit.
The third party must also agree to retain all records pertaining to the claim
for a period determined by the agency, of at least three years after final
payment on the claim, and to provide the records to the agency upon request.
The three-year period shall be extended until the completion of any audit in
progress.
(3) A
financial assurance third-party request form must be submitted before the
release receives a no further action letter from the agency's technical
assistance program.
(4) After
submittal of a financial assurance third-party request form, the agency will
send notification of approval or denial of the request.
(a) The third party must report any legal
claims against the owner or operator of the enrolled petroleum underground
storage tank system when filing for financial assurance coverage. All legal
claims for costs and damages resulting from a release from the enrolled
petroleum underground storage tank must be completed or settled prior to
seeking financial assurance coverage.
(b) The third party shall make available to
the agency upon request all documentation of property damage necessary to prove
that the property damage is reimbursable. This includes, but is not limited to,
pleadings, or any other documents filed in any lawsuit for property damage or
bodily injury.
(c) The third party
shall make available to the agency upon request documentation of bodily injury
to include medical reports, statements, investigative reports, or
certifications from licensed health professionals necessary to prove that
third-party bodily injuries are reimbursable.
