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Regulations: Description of Procedures

400.01 Description of Procedures - The following, subject to the conditions and the time frames herein, is a description of the procedures for reimbursement from the Fund.

a) Upon discovery of a Release, notification of the Department and expenditure or anticipated expenditure by the Claimant of more than twenty thousand($20,000) dollars of eligible costs, or upon entry of a final judgment for bodily injury or property damage resulting from a third party claim, or in furtherance of an approved settlement of a third-party claim for bodily injury or property damage resulting from a release, a Claimant may file an initial application with the Review Board.

b) Upon receipt of an initial application, the Review Board shall refer same to the Department for a determination of compliance and the applicability of financial responsibility as required by the US EPA.

c) In the event the Department makes an affirmative determination of compliance and applicability of financial responsibility as required by the US EPA, the Review Board shall notify a Claimant that it is eligible for reimbursement from the Fund. Conversely, the Review Board shall notify the Claimant of ineligibility.

d) An eligible Claimant may then submit a request for reimbursement of eligible costs, as set forth in Part 800.

e) Any party aggrieved by a decision of the Review Board may petition for a hearing pursuant to Part 1300.

400.02 Reimbursement Not Contract - Reimbursement by the Review Board to a Claimant under these provisions shall not be considered a contract and shall not be subject to state procurement regulation.

400.03 Permits Required - Nothing contained in these Regulations shall relieve any Claimant from obtaining the necessary appropriate federal, state, and local authorization, certification, or permits as required.

400.04 Liability for Cleanup - Nothing contained in these regulations shall relieve any Claimant from liability for performing corrective action, in accordance with applicable Federal and State laws, when a release occurs.


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