WILLIAM DONALD SCHAEFER, Governor

(10)  (I) WHENEVER THE DEPARTMENT DETERMINES THAT ALL
COSTS ELIGIBLE FOR REIMBURSEMENT, INCLUDING BOTH CORRECTIVE
ACTION COSTS AND THIRD PARTY COMPENSATION CLAIMS, MAY EXCEED THE
PER-OCCURRENCE OR AGGREGATE LIMIT FOR A FACILITY, THE FIRST
PRIORITY FOR PAYMENT SHALL BE THE COSTS OF A CORRECTIVE ACTION
THAT IS NECESSARY TO PROTECT PUBLIC HEALTH, AND SAFETY, AND THE
ENVIRONMENT.

(II) THE REQUIREMENT SET FORTH IN SUBPARAGRAPH
(I) OF THIS PARAGRAPH MAY NOT AFFECT IN ANY WAY THE RIGHTS OF
THIRD PARTY CLAIMANTS AGAINST AN OWNER, OPERATOR, OR OTHER PERSON
RESPONSIBLE FOR THE DISCHARGE.

(11)  IF THE DEPARTMENT DENIES ALL OR PART OF AN
APPLICATION FOR REIMBURSEMENT OR GUARANTEE TO A CONTRACTOR, THE
OWNER OR OPERATOR MAY, WITHIN 10 DAYS OF RECEIVING NOTICE OF THE
DENIAL, REQUEST AN ADMINISTRATIVE HEARING. THE HEARING SHALL BE
HELD BY THE DEPARTMENT IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF
THE STATE GOVERNMENT ARTICLE. AT ANY HEARING, THE OWNER OR
OPERATOR SHALL HAVE THE BURDEN OF PROVING THE CLAIM. IF THE
OWNER OR OPERATOR IS AGGRIEVED BY A FINAL DECISION OF THE
DEPARTMENT, THE OWNER OR OPERATOR MAY TAKE A DIRECT JUDICIAL
APPEAL. THE APPEAL SHALL BE MADE AS PROVIDED FOR JUDICIAL REVIEW
OF FINAL DECISIONS IN THE ADMINISTRATIVE PROCEDURE ACT.

(D) THE DEPARTMENT SHALL ADOPT REGULATIONS FOR
IMPLEMENTATION OF THIS SECTION REGARDING FINANCIAL RESPONSIBILITY
REQUIREMENTS FOR RELEASES AND USE OF THE UST FUND.

(II) FOR PURPOSES OF DETERMINING ELIGIBILITY
FOR REIMBURSEMENT FROM THE FUND THE DEPARTMENT SHALL CERTIFY
WHETHER AN OWNER IS IN SUBSTANTIAL COMPLIANCE WITH STATE AND
FEDERAL PETROLEUM STORAGE TANK REGULATIONS.

SECTION 2. AND BE IT FURTHER ENACTED, That the requirement
of this Act to pay certain additional transfer fees per barrel of
gasoline and diesel is effective on July 1, 1989. Reimbursements
and guarantees from the Underground Storage Tank Fund, however,
may not be made until January 1, 1990.

SECTION 3. AND BE IT FURTHER ENACTED, That by July 1, 1990,
the Department of the Environment shall complete the initial
inspection of all underground oil facilities to ensure compliance
with all applicable State and federal laws and regulations.

SECTION 2 3 4. AND BE IT FURTHER ENACTED, That this
Act shall take effect July 1, 1989.

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