WILLIAM DONALD SCHAEFER, Governor

3.  FOR OWNERS OR OPERATORS OF MORE THAN
15 BUT NOT MORE THAN 30 TANKS, A DEDUCTIBLE OF $35,000 FOR
CORRECTIVE ACTION AND A DEDUCTIBLE OF $70,000 FOR BODILY INJURY
AND PROPERTY DAMAGE TO THIRD PARTIES;

4.  FOR OWNERS OR OPERATORS OF MORE THAN
30 TANKS, A DEDUCTIBLE OF $50,000 FOR CORRECTIVE ACTION AND A
DEDUCTIBLE OF $100,000 FOR BODILY INJURY AND PROPERTY DAMAGE TO
THIRD PARTIES; AND

5.  A LIMIT OF $1,000,000 PER OCCURRENCE
OR $2,000,000 IN THE AGGREGATE IN ANY ONE YEAR, OR ANY LESSER
LIMIT AS MAY APPLY TO AN OWNER OR OPERATOR UNDER 40 CFR PART
280.90 ET SEQ.

(II) AN OWNER OR OPERATOR SHALL DEMONSTRATE TO
THE DEPARTMENT FINANCIAL ASSURANCE OF THE APPLICABLE DEDUCTIBLE
AMOUNTS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.

(3) (I) TO BE ELIGIBLE FOR REIMBURSEMENT OR GUARANTEE
TO A CONTRACTOR FROM THE UST FUND, AN OWNER OR OPERATOR SHALL BE
IN SUBSTANTIAL COMPLIANCE WITH STATE AND FEDERAL PETROLEUM
STORAGE TANK REGULATIONS. :

(I)  DEMONSTRATE THAT THE DISCHARGE IS NOT
RELATED DIRECTLY OR INDIRECTLY TO A VIOLATION OF FEDERAL OR STATE
LAW;

(II)  DEMONSTRATE THAT THE CAUSE OF THE
DISCHARGE WAS BEYOND THE CONTROL OF THE OWNER OR OPERATOR AND WAS
NOT THE RESULT OF A WILLFUL OR NEGLIGENT ACTION BY A PERSON
RESPONSIBLE FOR THE DISCHARGE;

(III)  DEMONSTRATE THAT THE REQUIREMENT FOR
IMMEDIATE NOTICE AND COMMENCEMENT OF CORRECTIVE ACTION UNDER
SUBSECTION (B)(1) OF THIS SECTION HAS BEEN MET;

(IV)  SUBMIT A CORRECTIVE ACTION PLAN, SCHEDULE,
AND COST ESTIMATE TO THE DEPARTMENT WITHIN 30 DAYS AFTER
CONFIRMING THAT A DISCHARGE HAS OCCURRED. ONLY COSTS THAT ARE
COST-EFFECTIVE, REASONABLE, AND CONSISTENT WITH A PLAN APPROVED
BY THE DEPARTMENT MAY BE REIMBURSED; AND

(V)  DEMONSTRATE THAT THE DISCHARGE IS FROM A
REGISTERED TANK; AND

(VI) HAVE BEEN CERTIFIED BY THE DEPARTMENT THAT
THE OWNER OR OPERATOR HAS BEEN IN SUBSTANTIAL COMPLIANCE WITH
FEDERAL AND STATE REGULATIONS.

(4) UNLESS THE OWNER OR OPERATOR JUSTIFIES A SCHEDULE
PROVIDING FOR PARTIAL PAYMENTS, A REIMBURSEMENT MAY NOT BE MADE
UNTIL CORRECTIVE ACTIONS ARE COMPLETE.

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