Michigan Laws 324.21510a – Responsibility of owner or operator for deductible amount
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.21510a
- Affiliate: means a person that directly, or indirectly through 1 or more intermediaries, controls the person specified. See Michigan Laws 324.21502
- Authority: means the underground storage tank authority created in section 21523. See Michigan Laws 324.21502
- Claim: means the submission by the owner or operator or his or her representative of documentation on an application requesting payment by the authority. See Michigan Laws 324.21502
- Deductible amount: means the amount of corrective action costs or indemnification costs that are required to be paid by an owner or operator as provided in section 21510a. See Michigan Laws 324.21502
- Operator: means that term as it is defined in section 21303 or a person to whom an approved claim has been assigned or transferred. See Michigan Laws 324.21502
- Owner: means that term as it is defined in section 21303. See Michigan Laws 324.21502
- Refined petroleum: means aviation gasoline, middle distillates, jet fuel, kerosene, gasoline, residual oils, and any oxygenates that have been blended with any of these. See Michigan Laws 324.21503
- Schedule of costs: means the list of allowable reimbursement amounts that may be paid on a claim, as established in section 21510b. See Michigan Laws 324.21503
- Site: means that term as it is defined in section 21303. See Michigan Laws 324.21503
- Work invoice: means a list of goods or services for costs of corrective action related to a claim, including a statement of the amount due. See Michigan Laws 324.21503
(1) An owner or operator is responsible for a deductible amount as follows:
(a) If the owner or operator or its affiliate owns or operates fewer than 8 refined petroleum underground storage tanks, $2,000.00 per claim.
(b) If the owner or operator or its affiliate owns or operates 8 or more refined petroleum underground storage tanks, $10,000.00 per claim.
(c) The deductible amount under subdivisions (a) and (b) is retroactive to all claims filed for releases discovered and reported on or after December 30, 2014.
(2) The deductible amount applies to each claim. However, 2 or more claims arising out of the same, interrelated, associated, repeated, or continuous releases or a series of related releases shall be considered a single claim and are subject to 1 deductible amount. Any claim that takes place over 2 or more claim periods is subject to 1 deductible amount.
(3) An owner or operator that submits a work invoice under section 21515 is responsible for the deductible amount described in subsection (1). The expenses toward meeting the deductible amount shall be documented and shall comply with the following:
(a) Expenses for items listed in the schedule of costs shall be at or below the allowable reimbursement amount listed in the schedule of costs.
(b) Expenses for items that are not listed in the schedule of costs shall be reasonable and necessary considering conditions at the site based upon a competitive bidding process established by the authority.