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Regulations: Eligibility Requirements

1100.01 Potentially Eligible Claimants - In order to be eligible for reimbursement from the fund for eligible costs a responsible party must be subject to financial responsibility as required by the EPA (40 CFR Part 280 Subpart H) and:

(1) Have complied with all state technical requirements for underground storage tanks and underground storage tank systems as promulgated by the department of environmental management pursuant to chapter 12 of this title and chapter 17.1 of title 42, including but not limited to, requirements for registration, proper installation, spill containment, line leak detection, corrosion protection, leak detection, tank tightness testing, inventory control, closure and leak or spill reporting;

(2) Have incurred an eligible cost in excess of the deductible amount specified in section 46-12.9-5(b) whether for clean-up or related matters or for claims of third parties as set forth in section 46-12.9-3 resulting from a release of petroleum, subject to the motor and special fuels tax from an underground storage tank or underground storage tank system. In order to apply for reimbursement from the fund, it shall not be necessary that the third party and the responsible party complete adjudication of any claim before submission to the review board; provided, however, that all such claims shall be reasonably verified and must be demonstrated to the reasonable satisfaction of the review board in order to be considered eligible for reimbursement.

Notwithstanding the financial responsibility requirement of this section, responsible parties may be eligible for reimbursement of eligible costs incurred for government sites provided that:

(1) A city, town, the state or a state agency is the responsible party for a release at the government site and was the owner of said site at the time of the release.

(2) A city, town, the state or a state agency is the responsible party and owner of the government site at the time of application on which a release occurred prior to the city, town or state agency's ownership, provided that the government entity purchased the property prior to March 1, 1998; or

(3) A city, town, the state or a state agency was the responsible party at the time of the release and the government site is owned by a successor in interest at the time of application.

Notwithstanding the requirement that the released petroleum be subject to the motor and special fuels tax, underground storage tanks containing petroleum products for which the motor and special fuels tax is inapplicable including, but not limited to, underground storage tanks used for the distributed of no. 2 heating oil, used/waste oil, kerosene or other materials as deemed appropriate by the review board may be eligible for reimbursement with the following exceptions:

(1) Underground storage tanks containing heating or fuel oils used solely for onsite consumption shall not be eligible.

(2) Underground storage tanks exempted from the department's "regulations for underground storage facilities used for petroleum products and hazardous materials" under section 5.03 and section 9.01 (A-D) shall not be eligible. 1100.02 Compliance with Rules - Any claim resulting from a release from a UST or UST System that is not registered pursuant to, or determined not to be in compliance with the UST Regulations, as of the date the release was discovered, shall not be eligible for reimbursement from the Fund. Provided, however, should a claimant come into compliance said claimant may become eligible to submit a claim for reimbursement.

1100.03 Determination of Compliance - Upon receipt of an initial application, the Review Board shall request that the Department determine the compliance status of a Claimant, and review its records to determine whether the UST or UST System responsible for the release was registered and in compliance with the UST Regulations as of the date that the release was discovered.

1100.04 Notice of Compliance - The Department shall notify the Review Board of its status of determination within thirty (30) days of receipt of the initial application or if there is no response from the Department regarding compliance in a reasonable time, the Review Board shall consider the issue of compliance by the applicant and may take action on its own in determining compliance. The Review Board shall issue a notice of fund eligibility. The Review Board may place restrictions on eligibility as pursuant to its review of the Department's findings.

1100.05 Right to Enter - To be eligible for reimbursement from the Fund, a Claimant shall allow the Review Board or its designee to enter, during reasonable hours, any UST or UST System location and associated structures, including offices, to:

a) Inspect any remedial activity;

b) Inspect records with regard to operation of facilities, remedial work and associated costs; or

c) Inspect contractor records with respect to remedial work and associated costs. 1100.06 Financial Audit - To be eligible for reimbursement from the Fund, a Claimant shall allow the Review Board or its designee, in its sole discretion, to perform financial audits of all records pertinent to site clean-up to ensure compliance with this rule and to certify eligible remedial costs.

1100.07 Technical Audit - To be eligible for reimbursement from the Fund, a Claimant shall allow the Review Board or its designee, in its sole discretion, to perform technical audits.

1100.08 Payment of Annual Tank Registration Fees - To be eligible for reimbursement from the Fund, a Claimant, if required, shall have paid all annual tank registration fees as pursuant to R.I. General Laws § 46-12.9-7(9).

1100.09 Field Inspection Fee - The Review Board may provide for field inspections on each claim to be sure that funds are being spent properly. The cost of said field inspection shall be borne by the applicant; provided, however, that such costs may be reimbursable if applicant has paid its deductible and it is approved by the Review Board.


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