WILLIAM DONALD SCHAEFER, Governor                        H.B. 1394

(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, 1905 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

(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.

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