1. An operator,
vendor or contractor who seeks to be reimbursed by the Fund for costs for
cleaning up or liability for damages resulting from a discharge must submit to
the Division a verified claim for reimbursement in the form prescribed by the
Board along with any supporting documents required to substantiate his or her
eligibility for reimbursement. An initial claim must be submitted within 12
months after the date on which the operator, vendor or contractor knew or
should have known of the discharge and the final claim must be submitted within
12 months after the completion of the corrective action necessitated by the
discharge. The Board will not accept a claim after either deadline unless the
operator, vendor or contractor demonstrates good cause for the failure to
comply with the deadline.
operator shall provide any additional information required by the Board in
order to determine his or her eligibility for payment from the Fund.
The Board may authorize payment from the
(a) An operator;
(b) A vendor;
(c) A contractor; or
(d) Any combination of persons listed in
paragraph (a), (b) or (c), jointly.
If money from the Fund is paid to an
operator before the operator pays a vendor or contractor, or both, the operator
(a) Not more than 30 days after
receiving the money from the Fund, pay the vendor or contractor, or both;
(b) Not more than 60 days after
receiving the money from the Fund, provide the Division with confirmation that,
in accordance with paragraph (a), the operator made payment to the vendor or
contractor, or both, of the money paid to the operator by the Board. If
confirmation of payment is not received by the Division within 60 days after
the operator receives the money from the Fund, the Board will not approve or
pay any subsequent claims until the second meeting of the Board after
confirmation of payment is received.
If an operator fails to pay a vendor or
contractor for costs approved and paid by the Board within 30 days:
(a) The operator shall reimburse the Board
for the money paid by the Board; and
(b) The Board will not approve or pay any
subsequent claim unless the operator reimburses the Board. Any subsequent
claim, including the claim associated with the reimbursed money, may be
presented to the Board for approval and payment only after the operator
reimburses the Board.
If an operator is entitled to receive payment for his or her necessary expenses
for the costs of cleaning up, the Board will authorize payment of the per diem
allowance and travel expenses at the same rate provided for state officers and
7. As used in
this section, "claim" or "claim for reimbursement" means a request for
reimbursement by the Fund of a sum of money, accompanied by the required
supporting documents. The term does not include an application for coverage
under the Fund.