(a)  Where multiple occurrences are addressed in a single cleanup action, expenses will be reimbursed based on apportionment among the occurrences.  The method of apportionment will be as follows:

(1)           Expenses related directly to a particular occurrence shall be applied only to that occurrence;

(2)           Expenses that are related to more than one occurrence will be apportioned equally among the occurrences.

(b)  Where not all underground storage tanks contributing to an occurrence are eligible for reimbursement, reimbursement will be made at a rate equal to the number of tanks contributing to the occurrence which are eligible for reimbursement divided by the total number of tanks contributing to the occurrence.

(c)  If multiple underground storage tanks at a single property are contributing to a single occurrence and the tanks are owned or operated by different persons, reimbursement may be made to any of the owners or operators as if the occurrence were caused solely by that person's underground storage tanks.


History Note:        Authority G.S. 143‑215.3; 143‑215.94E; 143‑215.94L; 143‑215.94T; 143B-282;

Eff. February 1, 1993.