SECTION .0400 ‑ REIMBURSEMENT PROCEDURE

 

15A NCAC 02P .0401        ELIGIBILITY OF OWNER OR OPERATOR

(a)  Date of Release.

(1)           An owner or operator or landowner of a commercial underground storage tank is not eligible for reimbursement of costs from the Commercial Fund related to releases which were discovered prior to June 30, 1988.

(2)           An owner or operator of a noncommercial underground storage tank is eligible for reimbursement of costs without regard to the date a release is discovered.

(3)           An owner or operator of a commercial underground storage tank which qualifies for the Noncommercial Fund pursuant to G.S. 143‑215.94D(b)(3) and 143-215.94D(b)(4) is eligible for reimbursement of costs without regard to the date a release is discovered.

(4)           An owner or operator or landowner of a commercial underground storage tank, from which a release is discovered on or after July 3, 1991, is not eligible for reimbursement from the Commercial Fund if the tank had been removed from the ground more than 120 days prior to the date of discovery of the release.

(b)  An owner or operator of a commercial underground storage tank is not eligible for reimbursement for costs related to releases if any annual operating fees due have not been paid in accordance with Rule .0301 of this Subchapter prior to discovery.  A previous owner or operator of a commercial underground storage tank may be eligible for reimbursement of costs for cleanup of a release discovered after he ceases owning or operating the underground storage tank if all fees due during his period of ownership and operation have been paid prior to discovery of the release.  A landowner is eligible for reimbursement of costs without regard to the payment of fees.

(c)  An owner or operator or landowner of a commercial or noncommercial underground storage tank is not eligible for reimbursement of any expended costs which are in excess of the amount determined reasonable in accordance with Rule .0402, and which are not necessary in performing cleanup of environmental damage and in compensating third parties for bodily injury and property damage, and which are less than any deductible established for the appropriate fund.

(d)  An owner or operator or landowner of a commercial or noncommercial underground storage tank may be reimbursed for eligible costs only after submittal of a written application to the Division, on forms provided by the Division, and which includes any information and documentation necessary to determine eligibility and to determine that any expended costs are reasonable and necessary.

(e)  An owner or operator of a commercial or noncommercial underground storage tank shall not be eligible for reimbursement for costs related to releases if the owner or operator has willfully violated any substantive law, rule, or regulation applicable to underground storage tanks intended to prevent, mitigate, or facilitate the early detection of discharges or releases.

(f)  The release response and corrective action requirements of any rules of the Commission and of any statute administered by the Department shall not in any way be construed as limited by, or contingent upon, any reimbursement from either the Noncommercial Fund or the Commercial Fund.

 

History Note:        Authority G.S. 143‑215.3; 143‑215.94B; 143‑215.94E; 143‑215.94L; 143‑215.94N; 143‑215.94T;

143B-282;

Eff. February 1, 1993;

Amended Eff. September 1, 1993.