§ 38 §568-A — Fund coverage requirements

1.
Eligibility for fund coverage.
Eligibility for coverage by the fund of clean-up costs and eligible 3rd-party damage costs is governed by the following provisions.
2.
Deductibles.
Except as provided in subsection 2‑A, applicants eligible for coverage by the fund under subsection 1 shall pay on a per occurrence basis the applicable standard deductible amount specified in paragraph A. In addition to the applicable standard deductible amount required under paragraph A, the applicant shall pay on a per occurrence basis one or more of the conditional deductible amounts specified in paragraphs B and C to the extent applicable.
2-A.
Limit on deductible.
The applicant shall pay the total deductible amount or the total eligible clean-up costs and 3rd-party damages, whichever is less.
2-B.
Failure to pay deductibles.
An order issued under subsection 1, paragraph F‑1 may be conditioned on payment of the applicable deductibles. If an applicant fails to pay the deductible amounts as determined under subsection 2 within 180 days of receipt of a bill from the department or within 180 days of a decision by the Board of Environmental Protection as provided in section 341‑D or an appellate court upholding the determination, whichever is later, the commissioner may seek reimbursement from the applicant or any other responsible party of all costs incurred by the State in the removal, abatement and remediation of the discharge for which coverage was sought.
3.
Exemptions from deductible.
The commissioner may waive the deductible requirement for an applicant's personal residence if the commissioner determines that the applicant does not have the financial resources to pay the deductible. The department shall adopt rules to determine the standards to be used to assess an applicant's ability to pay this deductible.
3-A.
Appeals to review board.
4.
Agreements.
Any payments to or on behalf of applicants for clean-up activities undertaken by the applicant must be pursuant to a written agreement between the applicant and the commissioner. The agreement must include, but is not limited to:
5.
Uncompensated 3rd-party damage claims.
6.
Reimbursement of 3rd-party damages paid.
If a person claiming to have suffered property damage or actual economic damage directly or indirectly as a result of a discharge of oil to groundwater prohibited by section 543 files a claim for damages against the owner or operator of an underground or aboveground oil storage tank in a court of competent jurisdiction without simultaneously filing or previously having filed a 3rd-party damage claim pursuant to section 551, the owner or operator may file a claim with the commissioner to be reimbursed for damages paid or payable to that 3rd party under a settlement or judgment. Such a claim for reimbursement must be filed and processed as follows.
7.
Repeal date.

Legislative History

PL 1989, c. 865, §§15,24,25 (NEW). PL 1991, c. 433, §3 (AMD). PL 1991, c. 433, §7 (AFF). PL 1991, c. 494, §§10-12 (AMD). PL 1991, c. 817, §§23,24 (AMD). PL 1993, c. 355, §15 (AMD). PL 1993, c. 363, §§8-11 (AMD). PL 1993, c. 363, §21 (AFF). PL 1993, c. 553, §1 (AMD). PL 1993, c. 553, §7 (AFF). PL 1993, c. 732, §§A4,5 (AMD). PL 1995, c. 361, §§4-7 (AMD). PL 1997, c. 374, §§4,5 (AMD). PL 1997, c. 374, §14 (AFF). PL 1999, c. 278, §1 (AMD). PL 1999, c. 504, §11 (AMD). PL 1999, c. 531, §A1 (AMD). PL 1999, c. 531, §A2 (AFF). PL 1999, c. 652, §11 (AMD). PL 2001, c. 216, §§1,2 (AMD). PL 2001, c. 302, §2 (AMD). PL 2003, c. 245, §10 (AMD). PL 2005, c. 330, §21 (AMD). PL 2007, c. 569, §§4, 5 (AMD). PL 2009, c. 319, §§9-12 (AMD). PL 2009, c. 501, §9 (AMD). PL 2011, c. 206, §§16, 17 (AMD). PL 2011, c. 243, §§1, 2 (AMD). PL 2013, c. 300, §11 (AMD). PL 2015, c. 319, §§25-29 (AMD). PL 2017, c. 137, Pt. A, §13 (AMD). PL 2019, c. 315, §11 (AMD). PL 2023, c. 61, §§5-7 (AMD).