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WILLIAM DONALD SCHAEFER, Governor Ch. 465
(1) CERTIFY THAT THE DISCHARGE IS NOT THE RESULT OF A WILLFUL
OR DELIBERATE ACT;
(2) SUBMIT A CORRECTIVE ACTION PLAN, SCHEDULE, AND COST
ESTIMATE TO THE DEPARTMENT THAT SHALL INCLUDE PROVISIONS FOR THE
ENVIRONMENTALLY SOUND TREATMENT OR DISPOSAL OF CONTAMINATED SOILS
THAT MEET ALL FEDERAL AND STATE REQUIREMENTS AND STANDARDS; AND
(3) CERTIFY THAT THE DISCHARGE IS FROM A TANK REGISTERED
UNDER § 4-411.1 OF THIS TITLE.
(D) IF THE OWNER OR OPERATOR KNOWINGLY SUBMITS A FALSE
CERTIFICATION UNDER SUBSECTION (C) OF THIS SECTION, THAT OWNER OR
OPERATOR IS NOT ELIGIBLE FOR REIMBURSEMENT UNDER THIS SUBTITLE.
(E) ONLY EXPENSES THAT ARE COST-EFFECTIVE, REASONABLE, AND
CONSISTENT WITH A CORRECTIVE ACTION PLAN APPROVED BY THE DEPARTMENT
MAY BE ELIGIBLE FOR REIMBURSEMENT FROM THE FUND.
(C) (F) THE COST FOR REPLACEMENT OR RETROFITTING OF
UNDERGROUND OIL STORAGE TANKS AND ASSOCIATED PIPING IS NOT ELIGIBLE
FOR REIMBURSEMENT OR GUARANTEE TO A CONTRACTOR, AND THE DEPARTMENT
MAY NOT INCUR THESE COSTS OR EXPEND MONEYS FROM THE FUND FOR THESE
PURPOSES.
4-707.
(A) TO ENCOURAGE EARLY DETECTION AND SITE REHABILITATION AT
CONTAMINATED UNDERGROUND OIL STORAGE TANK SITES, THE DEPARTMENT
SHALL ESTABLISH AN EARLY DETECTION INCENTIVE PROGRAM IN ACCORDANCE
WITH THIS SECTION.
(B) REIMBURSEMENT FOR COSTS INCURRED OR A GUARANTEE TO A
CONTRACTOR FOR SITE REHABILITATION ACTIVITIES OCCURRING BETWEEN
JANUARY 1, 1993 AND DECEMBER 31, 1995 SHALL BE SUBJECT TO A DEDUCTIBLE OF
$25,000 PER OCCURRENCE.
4-708. 4-706.
(A) IF THE DEPARTMENT HAS ASSUMED CONTROL OF AN OIL SPILL
SITUATION INVOLVING AN UNDERGROUND OIL STORAGE TANK UNDER § 4-415.1 OF
THIS TITLE, THE DEPARTMENT MAY OBTAIN FROM THE FUND, ON OR AFTER
JANUARY 1, 1994 OCTOBER 1, 1993:
(1) REIMBURSEMENT FOR USUAL, CUSTOMARY, AND REASONABLE
COSTS INCURRED IN PERFORMING SITE REHABILITATION; OR
(2) A GUARANTEE OF PAYMENT TO A QUALIFIED CONTRACTOR FOR
THE USUAL, CUSTOMARY, AND REASONABLE COSTS OF PERFORMING SITE
REHABILITATION; OR
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