(a) 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 C.F.R. part 280 subpart H) and:
Terms Used In Rhode Island General Laws 46-12.9-6
- Department: means the Rhode Island department of environmental management. See Rhode Island General Laws 46-12.9-3
- Eligible costs: means costs, expenses, and other obligations as incurred by a responsible party for site investigation, site remediation, or other corrective-action activities ordered or directed, and approved, by the department or performed by the responsible party and not specifically identified by the department as ineligible. See Rhode Island General Laws 46-12.9-3
- Fund: means the Rhode Island underground storage tank financial responsibility fund established herein. See Rhode Island General Laws 46-12.9-3
- Owner: means any person, corporation, group, or other entity who or that holds exclusive or joint title to, or lawful possession of, a facility or part of a facility. See Rhode Island General Laws 46-12.9-3
- Release: means any spilling, leaking, pumping, pouring, injecting, emitting, escaping, leaching, discharging, or disposing of any material stored in an underground storage-tank system subject to these regulations into groundwater, surface water, soil, air, or any other environmental media. See Rhode Island General Laws 46-12.9-3
- Responsible party: means the person or persons liable for release of petroleum or the remediation of a release. See Rhode Island General Laws 46-12.9-3
- Site: means any location at which, or from which, there has been a release of petroleum associated with an underground storage tank or an underground storage-tank system, or any location to which such petroleum has migrated. See Rhode Island General Laws 46-12.9-3
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- Underground storage-tank system: means any one or more underground tanks, and their associated components, including piping, used to contain, transport, or store petroleum product or hazardous material whose volume is ten percent (10%) or more beneath the surface of the ground. See Rhode Island General Laws 46-12.9-3
(1) Have substantially complied with all state regulatory 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 § 46-12.9-5(b)(1) whether for clean-up or related matters or for claims of third parties as set forth in § 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 department; provided, however, that all such claims shall be reasonably verified and must be demonstrated to the reasonable satisfaction of the department in order to be considered eligible for reimbursement.
(b) Notwithstanding the financial responsibility requirement of this section, responsible parties may be eligible for reimbursement of eligible costs incurred for sites provided that:
(1) A city, town, the state, or a state agency is the responsible party for a release at the site and was the owner of the 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 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 site is owned by a successor in interest at the time of application.
(c) Incurred costs eligible for reimbursement may be submitted to the department up to two (2) years from the date on the originally issued invoice(s) for the incurred costs. Any invoices submitted after this two-year (2) deadline will be considered ineligible for reimbursement.
(d) 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 distribution of No. 2 heating oil, used/waste oil, kerosene, or other materials as deemed appropriate by the department 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”.
(P.L. 1994, ch. 144, § 1; P.L. 1998, ch. 114, § 1; P.L. 2001, ch. 328, § 1; P.L. 2006, ch. 246, art. 27, § 3; P.L. 2007, ch. 340, § 45; P.L. 2008, ch. 475, § 30; P.L. 2017, ch. 80, § 1; P.L. 2017, ch. 92, § 1.)