25 Pa. Code § 977.31 - Eligibility requirements

To be eligible for Fund coverage, the participant shall, under section 706 of the act (35 P. S. § 6021.706), meet the following eligibility requirements:

(1) The claimant is the owner, operator or certified tank installer of the tank which is the subject of the claim.

(2) The current fee required under section 705 of the act (35 P. S. § 6021.705) has been paid.

(3) A UST has been registered in accordance with the requirements of section 503 of the act (35 P. S. § 6021.503).

(4) The participant has obtained the appropriate permit or certification, if required under sections 108, 501 and 504 of the act (35 P. S. §§ 6021.108, 6021.501 and 6021.504).

(5) The release that is the subject of the claim occurred after the date established by the Board for payment of the fee required by section 705(d) of the act.

(6) The participant cooperates, as defined in § 977.32 (relating to participant cooperation), with the Fund in its eligibility determination process, claims investigation, the defense of any suit, the pursuit of a subrogation action and other matters as requested.

(7) The participant has met the notification requirements of § 977.34 (relating to claims reporting).

(8) If the claimant is a certified company, the company conducted a tank-handling activity on a UST or a HOT from which the release occurred.

Notes

25 Pa. Code § 977.31

This section cited in 25 Pa. Code § 977.22 (relating to fee dispute procedures); and 25 Pa. Code § 977.52 (relating to coverage period).