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Once
the claim is determined eligible and funding is available,
a Letter of Commitment (LOC) is issued. The claimant
will receive a copy of the LOC and a reimbursement request
package. This package will include information and forms
that are needed to complete the reimbursement request.
The Underground Storage Tank Cleanup Fund (Fund) reimburses
eligible corrective action costs paid or incurred for
cleanup work performed after January 1, 1988, that was
the result of an unauthorized release of petroleum from
a underground storage tank (UST) that caused contamination
of soil and/or groundwater. The Fund does not cover
the removal, repair, retrofit or installation of USTs.
Funds are disbursed only after costs are actually incurred.
Corrective
action costs include preliminary site assessment, soil
and water investigations, corrective action implementation
and verification monitoring after the cleanup is completed.
The Fund also reimburses third-party compensation claims for amounts awarded by a court-approved settlement agreement, final judgment, or arbitration award by a court-appointed arbitrator. The first $1,000,000 (less the deductible) for an eligible Fund claim may be used to satisfy third party compensation claims as well as corrective action and regulatory technical assistance costs. Once a claimant has been reimbursed this amount, an additional $500,000 per occurrence is available and may be used to reimburse reasonable corrective action and regulatory technical assistance costs. The additional $500,000 cannot be used to reimburse third party claims. (See Section 2812.5 of the Fund regulations.)
Claimants
are not entitled to double payment on account of any
corrective action or third party compensation costs.
Claimants are required to identify, under penalty of
perjury, all funds received that relate to or are paid
in consideration of the UST release that is the subject
of the claim. The claimant must identify funds from
any source including insurance claims, legal judgments,
contributions from other potentially responsible parties,
or any other source, regardless of how the funds are
characterized.
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