Maryland Code § EN-4-705

Section EN-4-705
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(a) The owner or operator of an underground oil storage tank eligible under
§ 4-704(b)(1)(ii) of this subtitle may apply to the Fund for reimbursement, until
December 31, 2007, for usual, customary, and reasonable costs incurred on or after
October 1, 2000 in performing site rehabilitation.
(b) (1) Until June 30, 2021, the owner of a heating oil tank eligible under
§ 4-704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement no later
than 6 months after the completion of rehabilitation for usual, customary, and
reasonable costs incurred on or after October 1, 2000 in performing site
rehabilitation.
(2) Until June 30, 2024, the residential owner of a heating oil tank
eligible under § 4-704(b)(1)(iii) of this subtitle may apply to the Fund for
reimbursement not later than 6 months after the completion of rehabilitation for
usual, customary, and reasonable costs incurred on or after October 1, 2000, in
performing the site rehabilitation.
(c) (1) Any reimbursement from the Fund for applications approved on
or after July 1, 1996 is subject to:
(i) For owners or operators of six tanks or fewer, a deductible
of $7,500;
(ii) For owners or operators of more than 6 but not more than
15 tanks, a deductible of $10,000;

(iii) For owners or operators of more than 15 but not more than
30 tanks, a deductible of $15,000;
(iv) For owners or operators of more than 30 tanks, a deductible
of $20,000; and
(v) For residential owners of heating oil tanks, a deductible of
$500; and
(2) The maximum amount to be reimbursed from the Fund shall be:
(i) $125,000 for underground oil storage tanks per occurrence;
and
(ii) $20,000 for heating oil tanks per occurrence.
(d) To be eligible for reimbursement from the Fund, an owner or operator
shall:
(1) Certify that the discharge is not the result of a willful or
deliberate act;
(2) Submit a corrective action plan, schedule, and cost estimate to the
Department that shall include provisions for the environmentally sound treatment
or disposal of contaminated soils that meet all federal and State requirements and
standards; and
(3) Except for heating oil tanks, certify that the discharge is from a
tank registered under § 4-411.1 of this title.
(e) If the owner or operator knowingly submits a false certification under
subsection (d) of this section, that owner or operator is not eligible for reimbursement
under this subtitle.
(f) Only expenses that are cost-effective, reasonable, and consistent with a
corrective action plan approved by the Department may be eligible for reimbursement
from the Fund.
(g) The cost for replacement or retrofitting of underground oil storage tanks
or heating oil tanks and associated piping is not eligible for reimbursement, and the
Department may not incur these costs or expend moneys from the Fund for these
purposes.

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