PARRIS N. GLENDENING, Governor                             Ch. 532

4-705.

(a)     The owner or operator of an underground oil storage tank may apply to the
Fund for reimbursement, on or after October 1, 1993, for usual, customary, and
reasonable costs incurred on or after October 1, 1993 in performing site rehabilitation.

(b)     Any reimbursement from the Fund FOR APPLICATIONS APPROVED ON OR
AFTER JULY 1, 1996 is subject to:

(1)     For owners or operators of six tanks or fewer, a deductible of [$15,000]
$7,500;

(2)     For owners or operators of more than 6 but not more than 15 tanks, a
deductible of [$20,000] $10,000;

(3)     For owners or operators of more than 15 but not more than 30 tanks, a
deductible of [$30,000] $15,000;

(4)     For owners or operators of more than 30 tanks, a deductible of
[ $40,000] $20,000; and

(5)     A limit of $125,000 per occurrence.

(c)     To be eligible for reimbursement 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.

(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.

(f)     The cost for replacement or retrofitting of underground oil storage tanks and
associated piping is not eligible for reimbursement, and the Department may not incur
these costs or expend moneys from the Fund for these purposes.

4-706.

(a) If the Department has assumed control of an oil spill situation involving an
underground oil storage tank under this title, the Department may obtain from the Fund,
[on or after October 1, 1993] FOR SITE REHABILITATIONS THAT MEET THE SAME
CLEANUP PRIORITY AS THOSE SITE REHABILITATIONS REIMBURSED UNDER § 4-705
OF THIS SUBTITLE:

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