H.B. 1394

VETOES

4-706.

(A)     UPON APPLICATION AND APPROVAL BY THE DEPARTMENT, THE OWNER
OR OPERATOR OF" AN UNDERGROUND OIL STORAGE TANK MAY APPLY TO THE
FUND FOR:

(1) REIMBURSEMENT, ON OR AFTER JANUARY 1, 1004 OCTOBER 1, 1993,
FOR USUAL, CUSTOMARY, AND REASONABLE COSTS INCURRED ON OR AFTER
OCTOBER 1, 1993 IN PERFORMING SITE REHABILITATION; OR

(2) A GUARANTEE OF PAYMENT, ON OR AFTER JANUARY 1,1994
OCTOBER 1, 1993, TO A QUALIFIED CONTRACTOR FOR THE USUAL, CUSTOMARY, AND
REASONABLE COSTS OF PERFORMING SITE REHABILITATION.

(B)     ANY REIMBURSEMENT FROM THE FUND OR GUARANTEE TO A
CONTRACTOR FROM THE FUND IS SUBJECT TO:

(1) EXCEPT AS PROVIDED IN § 4-707(B) OF THIS SUBTITLE, A
DEDUCTIBLE OF $50,000 PER OCCURRENCE; AND

(1)     FOR OWNERS OR OPERATORS OF SIX TANKS OR FEWER, A
DEDUCTIBLE OF $15,000;

(2)      FOR OWNERS OR OPERATORS OF MORE THAN SIX BUT NOT MORE
THAN 15 TANKS, A DEDUCTIBLE OF $20,000;

(3)     FOR OWNERS OR OPERATORS OF MORE THAN 15 BUT NOT MORE
THAN 30 TANKS, A DEDUCTIBLE OF $30,000;

(4)     FOR OWNERS OR OPERATORS OF MORE THAN 30 TANKS, A
DEDUCTIBLE OF $40,000; AND

(2) (5) A LIMIT OF $500,000 $125,000 PER OCCURRENCE.

(C) TO BE ELIGIBLE FOR REIMBURSEMENT OR GUARANTEE TO A
CONTRACTOR FROM THE FUND, AN OWNER OR OPERATOR SHALL:

(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.

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