Ch. 465

1993 LAWS OF MARYLAND

(3) MATCHING FUNDS REQUIRED UNDER § 9003(H) OF THE FEDERAL
SOLID WASTE DISPOSAL ACT FOR THE FEDERAL LEAKING UNDERGROUND
STORAGE TANK PROGRAM.

(B)      THE PER OCCURRENCE DEDUCTIBLE OR LIMITATION PROVIDED UNDER §
4-706(B) § 4-705(B) OF THIS SUBTITLE DOES NOT APPLY TO THE REIMBURSEMENT OR
GUARANTEE TO A CONTRACTOR UNDER THIS SECTION.

(C)      IN ORDER TO ENCOURAGE THAT SITE REHABILITATION ACTIVITIES BE
UNDERTAKEN BY AN OWNER, OPERATOR, OR OTHER PERSON RESPONSIBLE FOR A
DISCHARGE FROM AN UNDERGROUND OIL STORAGE TANK, ANY SITE
REHABILITATION COSTS INCURRED BY THE DEPARTMENT OR THE FUND UNDER
THIS SECTION SHALL BE RECOVERABLE FROM THE RESPONSIBLE PARTY TO THE
FUND.

(D)     RECOVERIES COLLECTED UNDER SUBSECTION (C) OF THIS SECTION
SHALL BE PAID INTO THE FUND.

4-709. 4-707.

(A)     A PAYMENT MAY NOT BE MADE FROM THE FUND FOR A THIRD PARTY
CLAIM.

(B)      A PAYMENT MAY NOT BE MADE AS REIMBURSEMENT FOR COSTS
INCURRED OR UNDER A GUARANTEE TO A CONTRACTOR UNLESS THE BALANCE IN
THE FUND IS SUFFICIENT TO COVER THE PAYMENT REQUESTED AND ANY OTHER
IMMINENT OBLIGATIONS OR EXPENSES OF THE FUND.

(C)      REQUESTS FOR PAYMENT FROM THE FUND THAT ARE DENIED UNDER
SUBSECTION (B) OF THIS SECTION SHALL BE PAID ONLY AS ADDITIONAL FUNDS
BECOME AVAILABLE AND MAY NOT BE PAID FROM ANY OTHER FUND OF THE
STATE.

4-710. 4-708.

(A) THE DEPARTMENT SHALL ADOPT REGULATIONS TO IMPLEMENT THE
REQUIREMENTS OF THIS SUBTITLE NO LATER THAN SEPTEMBER 30, 1993 IN ORDER
TO BEGIN MAKING DISBURSEMENTS FROM THE FUND NO LATER THAN JANUARY 1,
1994.

(B) BEGINNING JANUARY. 1, 1995, THE DEPARTMENT SHALL ANNUALLY
REPORT TO THE GENERAL ASSEMBLY, SUBJECT TO § 2-1312 OF THE STATE
GOVERNMENT ARTICLE, ON THE STATUS OF THE FUND AND ON THE REVENUES TO
AND EXPENDITURES FROM THE FUND.

SECTION 2. AND BE IT FURTHER ENACTED, That site rehabilitation costs
incurred after January 1, 1993 but before the effective date of the Act shall be eligible for
reimbursement from the Oil Contaminated Site Environmental Cleanup Fund.

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly
recognizes the need for the cleanup of sites contaminated by oil from underground
storage tanks, Which threaten the health and welfare of our citizens. The level of funding

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