Introduced By: Senator Lenihan
Date Introduced : February 10, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 46-12.9-7 of the General Laws in Chapter 46-12.9 entitled "Rhode Island Underground Storage Tank Financial Responsibility Act" is hereby amended to read as follows:
46-12.9-7. Rules and regulations. -- The review board, after consultation with the general treasurer and the department, is hereby authorized to promulgate, implement and amend regulations providing for the submission of claims to the fund and the timely disbursement of monies from the fund. Such regulations shall include, but not be limited to, the following:
(1) A means of notifying all eligible parties of the existence and functioning of the fund;
(2) The record keeping required of eligible parties for submission to and reimbursement from the fund;
(3) A set criteria which establishes the eligibility for reimbursement of specific costs, expenses and other obligations;
(4) A means of making periodic and partial reimbursement to eligible parties to enable such parties to meet their interim costs, expenses, and obligations;
(5) A method of providing reimbursement for costs, expenses and obligations incurred by an eligible party after the effective date of this chapter;
(6) A requirement that the review board render its decisions to an eligible party upon the receipt of a complete claim for reimbursement within sixty (60) days following its receipt of completed claim;
(7) Establishing procedures for verifying claims presented under this chapter;
(8) Establishing procedures for approving, modifying or denying claims;
(9) Empowering the review board to levy an annual tank registration fee of five hundred dollars ($500) per underground storage tank not to exceed two thousand five hundred dollars ($2,500) per site on underground storage tanks which are subject to financial responsibility regulation and which are used to store 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, aviation fuel or other materials as deemed appropriate by the review board; provided however that heating oil used solely for onsite consumption shall be exempt from fees assessed under this statute; and
(10) The eligibility of claims shall be determined by the board,
provided however, that no {DEL reimbursement costs shall be
considered for claims that occurred prior to July 8, 1994. DEL} {ADD Claims
shall be considered for costs incurred prior to January 1, 1994
by responsible parties who are owners or operators of no more
than one (1) location containing underground storage tanks and
July 8, 1994 by all other responsible parties. ADD}
SECTION 2. This act shall take effect upon passage.
