reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.03 - General Provisions

Current through Register 1525, July 5, 2024
(1)
								503 CMR 2.00 should be read together with M.G.L. c. 21J, which has important substantive requirements not repeated in 503 CMR 2.00.
(2)
Computation of Time
. For the purpose of administering 503 CMR 2.00, any time period prescribed or referred to in 503 CMR 2.00 or in any determination issued pursuant to 503 CMR 2.00 shall begin with the first day following the act that initiates the running of the time period, and shall include every calendar day, including the last day of the time period so computed. If the last day is a Saturday, Sunday, legal holiday, or any other day in which the offices of the Board are closed, the deadline shall run until the end of the next business day.
(3)
Accurate and Timely Submittals
.
(a) No Person shall make any false, inaccurate, or misleading oral or written statement in any application, record, report, plan, or statement that the Person submits, or is required to submit, to the DOR or the Board pursuant to 503 CMR 2.00 or to any order issued by the Board or the DOR.
(b) Any application, record, report, plan, or statement that any Person is required to submit to the Board or DOR shall be submitted within the time period prescribed in M.G.L. c. 21J, 503 CMR 2.00 or any order issued by the Board, unless otherwise specified by the Board.
(c) Timely receipt of documents shall be evidenced by a date stamp of the Board. Electronic date stamps assigned by DOR computer systems for documents submitted electronically shall be valid. The date evidenced by the date stamp shall control unless the Applicant contests the date by presenting proof of filing or submission by a receipt from Registered or Certified postage prepaid United States mail, properly addressed, or by a receipt from a regionally recognized overnight carrier. Filings or submissions may also be personally delivered to the addressee with an additional return copy to be date stamped for proof of filing or submission.
(d) Any application, record, report, plan, or statement that any Person is required to submit to the Board or DOR shall be sent to the addressee designated by the Board. To obtain information on designated addressees and general information on the M.G.L. c. 21J program,
see
the Underground Storage Tank Program at
www.mass.gov/ust
.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.06 - Seeking Reimbursement

Current through Register 1525, July 5, 2024
(1) To obtain
			 reimbursement for Response Action Costs and Third Party Claims, or both, a
			 Person must demonstrate to the Board or DOR that under M.G.L. c. 21 J,
			 503 CMR 2.00 and Appendix 3: a
			 Certificate of Compliance is in force for the Site, the Release is an Eligible
			 Release; the Person is an Eligible Claimant; and, that the costs, expenses and
			 obligations incurred are eligible for Reimbursement.
(2) Applying for reimbursement requires
			 satisfying three steps within the filing deadlines established by
			 503 CMR 2.00 and by the Board:
(a) Applying for a Certificate of Compliance
(see
503
			 CMR 2.07 );
(b) Applying for Eligibility
(see
503 CMR
			 2.09 ); and
(c) Applying for Reimbursement
(see
503 CMR
			 2.10 ).
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.08 - Eligible Claimants

Current through Register 1525, July 5, 2024
To be eligible for Reimbursement from the Fund, a Claimant must
				be:
(1) A Person who has incurred or
			 will incur allowable costs, expenses, and obligations as a result of:
(a) taking a Response Action; or
(b) paying a Final Judgment for Bodily Injury
			 or Property Damage to a third party or Damage to Natural Resources;
			 or
(c) otherwise incurring
			 allowable expenses, costs, and obligations as a result of an Eligible Release;
			 and
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.09 - Application for Eligibility

Current through Register 1525, July 5, 2024
(1)
(a) An Application for Eligibility is used
			 solely to determine eligibility for Reimbursement. An Application for
			 Eligibility must be filed within 365 days of receiving an RTN, and if
			 applicable, not later than 365 days after Closure.
(b) For those Owners who received a
			 Certificate of Compliance pursuant to
			 503
			 CMR 2.07(2)(f):
1. an Application for Eligibility shall be
			 filed pursuant to 503 CMR 2.09(l)(a); and
2. Claims for Reimbursement filed on or after
			 July 23, 2007 shall be subject to a 5% reduction from the allowable costs,
			 obligations and expenses for that Occurrence.
(c) Any reductions set forth in 503 CMR
			 2.09(l)(b) may be modified by the Board subject to the Conference process
			 specified in
			 503 CMR
			 2.18(7).
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.10 - Applying for Reimbursement

Current through Register 1525, July 5, 2024
(1)
Form of Claims for Response Action
.
(a) Any Claims for Response Actions after
			 July 1, 1994 shall be made on the Application for Reimbursement
(see
Appendix 4). Such Claims shall include all required documents. For
			 electronic submission permission and requirements,
see
the DOR
			 UST Program website at www.mass.gov/ust. All Claims shall be accompanied by
			 Proof of Payment, copies of all invoices and all backup documentation necessary
			 to support the invoices.
(b) A
			 Claimant may file multiple Claims for Reimbursement in the connection with a
			 Response Action after the Board approves the Application for Eligibility.
			 Claims may be filed while a Response Action is occurring. Claims are subject to
			 the following requirements:
1. All Claims
			 must be submitted no later than 365 days from the date of payment. In the case
			 of retainer payments, all claims must be submitted within 365 days from the
			 date of service.
2. Claims for less
			 than $2,500.00 may be submitted once every 90 days.
3. Claims greater than $2,500.00 may be
			 submitted once a month.
4. No more
			 than one Claim per month may be submitted regardless of amount;
5. When submitting a Claim, submit all
			 expenditures to date not previously submitted.
6. The Board shall not approve a Claim to the
			 extent it includes costs, expenses and obligations paid more than 365 days
			 before the submission of the Application for Eligibility.
(c) Within 45 days of presenting a Claim for
			 Reimbursement to the Board or within 45 days of presenting supplemental
			 information requested by the Board, DOR shall notify the Claimant in writing of
			 the Board's determination as to the Claim for Reimbursement. For the purposes
			 of administering the program, a Claim shall be considered complete upon its
			 receipt, review by DOR, and presentation to the Board.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.11 - Response Actions: Costs, Expenses and Obligations Allowable for Reimbursement

Current through Register 1525, July 5, 2024
(1) 503 CMR 2.11, governs Reimbursements to Eligible Claimants for reasonable and appropriate costs, expenses, and obligations for Response Actions pursuant to M.G.L. c. 21 J, § 4(a)(1).
(2) To be eligible for Reimbursement, costs, expenses or obligations must be:
(a) Incurred by or on behalf of an Eligible Claimant;
(b) In excess of the Deductible Limit;
(c) In compliance with 503 CMR 2.16;
(d) Incurred for Response Actions performed after April 1, 1991;
(e) Reasonable and appropriate as described in 503 CMR 2.11(4); and
(f) Incurred as a part of a Response Action to an Eligible Release.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.12 - Bodily Injury and Property Damage to Third Parties: Costs, Expenses and Obligations Allowable for Reimbursement

Current through Register 1525, July 5, 2024
(1)503 CMR 2.12
			 governs payments to reimburse Owners or Operators for Third Party
			 Claims.
(2) The Owner or Operator
			 shall send the Board a copy of any Final Judgment and shall file an Application
			 for Reimbursement within 180 days of the legal entry of the Final
			 Judgment.
(3) To be eligible for
			 Reimbursement, a Final Judgment must be:
(a)
			 Against an Eligible Claimant and arising from an Eligible Release;
(b) In excess of the Deductible
			 Limit;
(c) Unreimbursed by any
			 other source of payment, including insurance. If the Claimant receives
			 Reimbursement from any other source for costs, expenses or obligations
			 reimbursed by the Fund, the Claimant must return to the Fund the amount
			 reimbursed by the other source;
(d)
			 connected with costs incurred or damages sustained by the third party after
			 April 1, 1991;
(e) reasonable and
			 appropriate as described in
			 503
			 CMR 2.11; and
(f) unrelated to any material business
			 relationship between the third party and the Claimant.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.13 - Gross Negligence or Willful or Reckless Conduct

Current through Register 1525, July 5, 2024
Notwithstanding any other provision of
				503 CMR 2.00, no Reimbursement
				for any cost, expense, obligation, or Claim for Bodily Injury or Property
				Damage or Damage to Natural Resources that was proximately caused from Gross
				Negligence or Willful or Reckless Conduct on the part of the principal(s) of
				the Claimant or an employee(s) or agent(s) working under the specific direction
				of the principal(s) of the Claimant shall be eligible for Reimbursement from
				the Fund.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.14 - Joint Payments

Current through Register 1525, July 5, 2024
The Board shall make payments only to a Claimant who filed an
				Application for Eligibility that was approved by the Board. However, upon
				request from a Claimant, or on the Board's own initiative, the Board may make
				any or all of a payment in the form of a check payable jointly to such Person
				and another party, or individually to another party including eligible third
				parties identified in
				503
				CMR 2.12.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.15 - Advance Payments and Contract Guarantees

Current through Register 1525, July 5, 2024
(1) The Board shall
			 not issue a Reimbursement for a Response Action until the work has been
			 performed.
(2) Approval of an
			 Application For Eligibility or an Application For Reimbursement, pursuant to
			 503 CMR 2.00, shall not be a
			 guarantee or promise to pay by the Board on behalf of a Claimant to any third
			 party.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.16 - Limitation on Reimbursements and Deductible Amounts

Current through Register 1525, July 5, 2024
(1) The
			 total of all Reimbursements made by the Fund as the result of an Occurrence at
			 a Dispensing Facility shall not exceed the total of:
(a) $1.5 million for all reimbursements
			 pursuant to M.G.L. c. 21J, § 4(a)(1) and
			 503 CMR
			 2.10 (a Response Action cost) of an Owner or
			 Operator of a Dispensing Facility from which Petroleum Product is sold or
			 transferred to other Dispensing Facilities or to the public or the Owner or
			 Operator of a Dispensing Facility that handles an average of more than 10,000
			 gallons of Petroleum Product per month based on annual throughput for the
			 calendar year previous to filing an Application for Eligibility; or
(b) $500,000 for all reimbursements pursuant
			 to M.G.L. c. 21 J, § 4(a)(2) and
			 503
			 CMR 2.12 (Damages to Third Parties cost) an
			 Owner or Operator of a Dispensing Facility who does not qualify under 503 CMR
			 2.16(1)(a).
(c) $1.0 million for
			 all reimbursements pursuant to M.G.L. c. 21 J, § 4(a)(2) and
			 503
			 CMR 2.12 (Damages to Third Parties) of an
			 Owner or Operator of a Dispensing Facility or Former Dispensing
			 Facility.
(d) For purposes of 503
			 CMR 2.16(1)(a) and (l)(b), reimbursements amounts are calculated as follows:
1. All Reimbursements pursuant to M.G.L. c.
			 21J, § 4(a)(1) and
			 503 CMR
			 2.10 (Response Action); minus
2. The Deductible Limit specified in M.G.L.
			 c. 21 J, § 5(b) and
			 503 CMR 2.02 and 503
			 CMR 2.16(2).
(e) For
			 purposes of 503 CMR 2.16(1)(c), reimbursement amounts are calculated as
			 follows:
1. All Reimbursements pursuant to
			 M.G.L. c. 21 J, § 4(a)(2) and
			 503
			 CMR 2.12 (Damages to Third Parties);
			 minus
2. The Deductible Limit
			 specified in M.G.L. c. 21 J, § 5(b),
			 503 CMR 2.02 and 503
			 CMR 2.16(2).
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.17 - Percentage of Reimbursements to Be Paid by the Fund

Current through Register 1525, July 5, 2024
(1)
			 Reimbursements for the benefit of Eligible Claimants shall be 100% of allowable
			 amounts pursuant to Appendix 3 and
			 503 CMR 2.00, except as
			 provided otherwise in
			 503 CMR
			 2.09.
(2) Payment will be made to the extent that
			 funds are available. If Board-approved Claim payments exceed the available
			 funding, the Board shall reimburse the Claims consistent with a payment
			 prioritization as determined by the Board.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.18 - Reconsideration

Current through Register 1525, July 5, 2024
(1) Any Claimant aggrieved by the denial of a
			 Claim or by any other action of the Board in connection with a Claim may within
			 60 days of the final determination or other final action of the Board file a
			 Request for Reconsideration with the Board. A Request for Reconsideration shall
			 be, in a manner required by the Board, a clear and concise written statement of
			 the matter as to which the Claimant seeks the Board to reconsider its final
			 determination or other final action, and the reason the Board should make a
			 favorable determination on such Request for Reconsideration. Such statement
			 shall set forth either new evidence that was not reasonably available at the
			 time of initial consideration, or the reason or reasons why the Board's initial
			 decision was inconsistent with
			 503 CMR 2.00.
(2) Upon receipt of a Request for
			 Reconsideration, the Board shall determine whether the Request for
			 Reconsideration has been filed in compliance with
			 503 CMR 2.00.
(3) A Request for Reconsideration shall be
			 found to be filed in compliance with
			 503 CMR 2.00 if it:
(a) was filed within the time limits and in
			 the manner provided by
			 503 CMR 2.00; and
(b) requests the Board to reconsider a denial
			 of a Claim or other final action in connection with a Claim, but does not
			 include a challenge to the authority of the Board under
			 503 CMR 2.00 or any appendices
			 hereto or under M.G.L. c. 21J, or to the legal effectiveness of
			 503 CMR 2.00. Such challenges
			 may be brought pursuant to
			 503 CMR 2.22
			 and M.G.L. c. 21 J, and as otherwise provided by law.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.19 - Audits; Fraudulent Claims

Current through Register 1525, July 5, 2024
The Board may conduct an audit of any Person reimbursed from or
				seeking reimbursement from the Fund. If the Board discovers, as a result of the
				audit or by any other means, that a Claim or any portion of a Claim was
				improperly made, the Board may pursue such remedies as it deems appropriate,
				including:
(a) the offset of any money
			 owed to the Fund including, without limitation, fines and penalties, against
			 future reimbursements to the Claimant; or
(b) denial of the Person's acceptance as an
			 Eligible Claimant.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.20 - Right of Offset

Current through Register 1525, July 5, 2024
If the Board or DOR determines that a Claimant is indebted to
				the Fund, DOR shall request the Board, or the Board may direct DOR on its own
				initiative, to offset any indebtedness against any Reimbursement owed the
				Claimant for any Facility.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.21 - Enforcement

Current through Register 1525, July 5, 2024
Any Person who violates any provision of M.G.L. c. 21 J, or
				503 CMR 2.00, shall be subject
				to the penalties provided under M.G.L. c. 21 J, § 13, including fines,
				imprisonment or both, and may be barred from participation in any current or
				future Claim.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.22 - Civil Court Action

Current through Register 1525, July 5, 2024
(1) Claims
			 submitted to the Board pursuant to M.G.L. c. 21 J, and procedures for acting on
			 such Claims, including the provisions of
			 503 CMR 2.00 shall not be
			 adjudicatory proceedings and shall not be subject to those provisions of M.G.L.
			 c. 30A, or any other law governing adjudicatory proceedings, except the
			 provisions of
			 503 CMR 2.00 and the policies
			 and practices of the Board. Any Claimant, pursuant to
			 503 CMR 2.08,
			 aggrieved by the denial of a Claim or by any other action of the Board in
			 connection with a Claim may bring a civil action in the nature of certiorari
			 pursuant to M.G.L. c. 249, § 4. Any such civil action shall be commenced
			 within 30 days of the date of the final determination or other final action of
			 the Board. No legal action may be brought pursuant to M.G.L. c. 21 J,
			 503 CMR 2.00 or any other law
			 where the denial of a Claim or any other action on a Claim was based solely on
			 insufficient available funds.
(2)
			 For purposes of 503 CMR 2.22:
(a) If no
			 Request for Reconsideration or Request for Conference is received by the Board
			 pursuant to the provisions of
			 503 CMR 2.18,
			 then a final action of the Board finding Claimant ineligible to receive
			 Reimbursement from the Fund or denying or limiting Reimbursement from the Fund
			 for a Claim shall be effective 30 days after the day on which final written
			 notice of the action is sent to the Claimant.
(b) If a Request for Reconsideration or
			 Request for Conference is received by the Board pursuant to the provisions of
			 503 CMR 2.18,
			 then an action of the Board finding a Claimant ineligible to receive
			 Reimbursement from the Fund or denying or limiting Reimbursement from the Fund
			 for a Claim shall be effective on the day on which final written notice of the
			 Board's action in response to the Request for Reconsideration is sent to the
			 Claimant. Any Reimbursement to the Claimant based on the Board's final action
			 or on the Claim that is the subject of the Request for Reconsideration shall be
			 deemed a partial Reimbursement pending resolution of the Request for
			 Reconsideration.
(c) A Claimant's
			 rights to
certiorari
appeal to the Superior Court under
			 M.G.L. c. 21 J, § 11 shall arise only on the date on which final action by
			 the Board is taken or is deemed to have been taken pursuant to 503 CMR
			 2.22.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.23 - Grants

Current through Register 1525, July 5, 2024
M.G.L. c. 21J, §§ 4(c) and (d) establishes grant programs pursuant to which the Board shall dispense funds to cities, towns, districts and other bodies politic, not to include agencies or authorities of the Commonwealth and to the Department of Environmental Protection, respectively, subject to appropriation. These funds shall be dispensed by the Board separately from the funds dispensed by the Board to reimburse Eligible Claimants and separately from funds made available pursuant to M.G.L. c. 21J, § 4(b).
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.24 - Public Meetings of the Board

Current through Register 1525, July 5, 2024
The Board shall hold public meetings at least once every six
				months or at other times as it may determine, or on petitions from the public
				for changes in its rules and regulations. If after any such meeting the Board
				deems it advisable to make changes to the regulations, the Board shall appoint
				a day for a public hearing pursuant to M.G.L. c. 30A. The Board may initiate
				changes to its regulations at any time, in compliance with the provisions of
				M.G.L. c. 30A.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.25 - Reimbursement for Former Dispensing Facilities

Current through Register 1525, July 5, 2024
(1) Former
			 Dispensing Facilities must have filed for a Certificate of Compliance by
			 January 31, 1995 and submitted an Application for Eligibility along with the
			 Claim by January 31, 1995 for costs, expenses or Obligations for:
(a) Work performed after April 1, 1991, and
			 before July 1, 1994; or
(b) Payment
			 of a Final Judgment on a Third Party Claim entered before July 1, 1994 for
			 damages incurred after April 1, 1991, and before July 1, 1994.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 2.00 - Underground Storage Tank Petroleum Product Cleanup Fund Regulations Implementing M.g.l. C. 21j › Section 2.26 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				503 CMR 2.00 are severable,
				and if any provision is held invalid, such a determination shall not affect
				other provisions.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product › Section 3.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
503 CMR 3.00 establishes the
				qualifications, priorities, and administration of the Underground Storage Tank
				Petroleum Product Cleanup Fund grant program for cities, towns, districts, and
				other Bodies Politic. The program provides financial assistance to encourage
				these entities to remove and close, or remove and replace, petroleum product
				storage tank(s) that have leaked or before leaks or leakage develops. THE
				PROGRAM DOES NOT PROVIDE FUNDS FOR RESPONSE ACTIONS.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product › Section 3.03 - General Provisions

Current through Register 1525, July 5, 2024
(1) The Board shall
			 implement a grant program for Eligible Parties. Two types of activities will
			 qualify for grants under this program:
(a)
			 removal or closure of Fuel Storage Tank(s); and
(b) removal and replacement of Fuel Storage
			 Tank(s) either with new USTs or with ASTs.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product › Section 3.04 - Eligibility

Current through Register 1525, July 5, 2024
(1) Only those applicants defined as Eligible
			 Parties in
			 503 CMR 3.02 are
			 eligible for a grant under
			 503 CMR 3.00.
(2) Double Walled Underground Storage Tank(s)
			 that have been installed with leak detection and spill containment and overfill
			 protection in accordance with 527 CMR:
Board of Fire Prevention
			 Regulations
are not eligible for a grant.
(3) The application described in
			 503 CMR 3.06 shall be
			 in the form prescribed by the Board.
(4) Underground fuel storage tanks located at
			 marine facilities must have a permit from the State Fire Marshal in accordance
			 with 527 CMR:
Board of Fire Prevention Regulations.
Consumptive use heating oil tanks must have a permit from the local fire
			 department in accordance with 527 CMR.
(5) Applicants removing or closing a UST must
			 file and update the UST registration information with MassDEP.
(6) Grants awarded under this program shall
			 not exceed 50% of eligible costs.
(7) Applicants removing a fuel storage tank
			 and replacing it with an above-ground storage tank must provide documentation
			 demonstrating that the selected replacement is equal to or less costly than
			 replacement with a new underground fuel storage tank exclusive of environmental
			 concerns. The maximum amount of eligible costs will be the cost of removal and
			 replacement with an underground fuel storage tank.
(8) Only eligible costs, as defined by the
			 Board, will be reimbursed. To be eligible, costs must be directly related to
			 the Closure, removal and/or replacement of the Fuel Storage Tank(s) System.
			 Applicants applying for a grant to cover projects with some eligible and some
			 ineligible costs must provide an estimate of eligible costs based on a
			 methodology acceptable to the Board. Acceptable methodologies for determining
			 eligible costs may include: a detailed breakdown of cost elements on the
			 contractor's invoice; an independent estimate of the cost for the eligible
			 portions of the project; or the cost of a similar, fully eligible
			 project.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product › Section 3.05 - Implementation

Current through Register 1525, July 5, 2024
(1)
Annual Grant
			 Program
. The Board will fund grants under
			 503 CMR 3.00 in a separate
			 grant program each year, subject to legislative appropriation. For each annual
			 grant program, the Board will establish a deadline for grant application
			 receipt; applications failing to meet this deadline will be considered in the
			 next annual grant program. Except as otherwise provided in
			 503 CMR
			 3.06(1), applications must
			 be received within 12 months of completion of the work for which a grant is
			 being sought. Applications for work completed more than 12 months prior to
			 application receipt will not be accepted.
(2)
Availability of
			 Funds
. In accordance with M.G.L. c. 21 J, § 4(c) and subject
			 to legislative appropriation, the Board shall not approve more than $2,000,000
			 per year in total grants.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product › Section 3.06 - Procedures

Current through Register 1525, July 5, 2024
(1)
Application
			 Process
. Eligible parties shall make application to the Board for
			 a grant using the form and format required by the Board for this purpose. The
			 application shall include a detail of either the actual costs incurred for the
			 Closure, removal and/or replacement of the Fuel Storage Tank(s) System or an
			 estimate of expected costs. Both actual and expected costs shall be documented
			 with invoices from contractors qualified to do the work and/or cost estimates
			 from at least two contractors qualified to do the work, in accordance with the
			 requirement of
			 310 CMR 80.00:
Underground Storage Tank (UST) Systems,
particularly 80.16:
Installation Requirements.
Where cost estimates are submitted,
			 the UST Board will pay up to 50% of the amount of the lowest cost estimate.
			 Additional information may be required to enable classification and priority
			 point scoring. Such information may include a description of the work intended
			 or completed and for which reimbursement is being requested, along with
			 documented costs or cost estimates. In no event will costs in excess of the
			 maximums stated in
			 503 CMR 3.04 and
			 3.08 be
			 reimbursed. Documentation that the work has been completed must be submitted to
			 the Board. Work must be completed prior to application to the Board or must be
			 completed and all documentation submitted to the Board within a 12-month period
			 from the date of application filing. An application for work not completed and
			 all documentation submitted within a 12-month period from the date of
			 application filing will lose its classification and priority ranking, as set
			 forth in
			 503 CMR
			 3.07.
(2)
Payment
			 Procedure
. Grants shall be awarded after the work has been
			 completed.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product › Section 3.08 - Limitations on Grants

Current through Register 1525, July 5, 2024
(1) In no case will
			 money awarded for an eligible grant exceed the maximum limits described in
			 503 CMR
			 3.04(8).
(2) No one eligible applicant shall submit
			 more than one application for each annual grant program. If an applicant has
			 filed an eligible application that was not funded and was automatically entered
			 into the following year's pool according to
			 503 CMR
			 3.07(3)(b)3., that
			 application will constitute the applicant's one grant application for that
			 year's pool. If the applicant wishes to substitute a different application, the
			 applicant shall notify the Board that it is withdrawing the earlier application
			 prior to or at the time it submits a new application.
(3) Only one grant per city, town, district
			 or other body politic will be accepted for each annual grant program. Grant
			 applications shall represent one facility only.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 3.00 - Underground Storage Tank Petroleum Product › Section 3.09 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				503 CMR 3.00 are severable,
				and if any provision is held invalid, such a determination shall not affect
				other provisions.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 4.00 - Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board › Section 4.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
503 CMR 4.00 shall apply to
				the collection of fees for the implementation of M.G.L. c. 21 J, §
				2(A).
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 4.00 - Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board › Section 4.03 - Delivery Fee

Current through Register 1525, July 5, 2024
(1) Effective
			 January 1, 2016, a fee of $253.95 shall be paid to the Department for the
			 benefit of the Commonwealth Transportation Fund for each Delivery Load
			 delivered to a Dispensing Facility. The fee for deliveries of Petroleum Product
			 in quantities greater or less than a Delivery Load shall be calculated using a
			 pro-rated per gallon rate equal to the Delivery Fee divided by 10,000. Pursuant
			 to the St. 2013, c. 46, § 20, the fee imposed under 503 CMR 4.03(1) shall
			 be adjusted at the beginning of each calendar year by the percentage, if any,
			 by which the consumer price index, as defined in 26 U.S .C. § 1, for the
			 preceding year exceeds the consumer price index for the calendar year that ends
			 before such preceding year.
(2)
			 Delivery Fees will be collected on each Delivery Load sold by the Person
			 Delivering Petroleum Product to any customer who is not a valid Massachusetts
			 Distributor as defined in M.G.L. c. 64A, § 1, Unclassified Importer as
			 defined in M.G.L. c. 64A, § 1, or does not hold a Special Fuel Supplier
			 license, as used in M.G.L. c. 64E. The fee is remitted to the Department under
			 the following schedule:
(a) The remittance of
			 the Delivery Fee shall be made to the Department on or before the last day of
			 the month immediately following the reporting period. The reporting period
			 shall consist of a calendar month.
Example:
Fees Collected in
Paid by
November
December 31st
December
January 31st
January
February 28th or
							 29th
(b) A
			 completed UST Form 500, as amended including electronic filing requirements,
			 shall accompany this return and payment.
See
www.mass.gov/ust
			 for current filing requirements.
(c) As required, the Person Delivering
			 Petroleum Product shall attach a copy of the Massachusetts Gasoline Tax Return
			 and the Massachusetts Supplier's Tax Return for Special Fuels for the
			 corresponding reporting period.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 4.00 - Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board › Section 4.04 - Annual Tank Fee

Current through Register 1525, July 5, 2024
(1) Each owner of
			 an Underground Storage Tank used to store Petroleum Products or any fraction
			 thereof, except waste oil, at a Dispensing Facility shall annually pay to the
			 Department for the benefit of the Fund a fee of $250.00 per tank. The Annual
			 Tank Fee will not be pro-rated if at any time during the year the facility
			 ceases to be a Dispensing Facility during the year. The tank owner shall not
			 pass on the Annual Tank Fee to the lessee of a Dispensing Facility.
(2) The Department shall mail invoices for
			 the Annual Tank Fee at the beginning of each fiscal year, payable within one
			 month of issuance.
(3) The Annual
			 Tank Fee is not collected by the Person Delivering Petroleum Product to a
			 Dispensing Facility.
Code of Massachusetts Regulations › 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD › Title 503 CMR 4.00 - Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board › Section 4.05 - General Provisions for Enforcement and Appeals

Current through Register 1525, July 5, 2024
(1) Any
			 owner or operator or Person Delivering Petroleum Product to a Dispensing
			 Facility who violates any provision of
			 503 CMR 4.00 shall be subject
			 to penalties specified in M.G.L. c. 21J, §§ 12 and 13.
(2) The Commissioner may vary the application
			 of any provision of
			 503 CMR 4.00, unless otherwise
			 required by law, when in the Commissioner's opinion the applicant has
			 demonstrated a reasonable and prudent action that complies with M.G.L. c. 21 J.
			 Any grant or denial shall be in writing and shall contain a brief statement of
			 the reason(s) for the grant or denial.
(3) The Commissioner and/or any other
			 individual granted authority by the UST Board will have the authority to abate
			 of the Delivery Fee or Annual Tank Fee upon receipt of a properly completed and
			 timely filed Underground Petroleum Cleanup Fund Application for Abatement of
			 the Delivery Fee or request for abatement of the Annual Tank Fee, as directed
			 on www.mass gov/ust. Applicants shall file the Underground Petroleum Cleanup
			 Fund Application for Abatement of the Delivery Fee or request for abatement of
			 the Annual Tank Fee within 730 days of the date the fee was due the Department.
			 Failure to file for abatement within 730 days of the due date shall result in
			 the denial of the application for abatement. The grounds for abatement include
			 but are not limited to the following:
(a) The
			 Delivery Fee was charged and collected on the delivery of Petroleum Product to
			 a facility that was not a Dispensing Facility; or
(b) The Delivery Fee was charged for
			 Petroleum Product that was delivered to a facility located outside the
			 Commonwealth.
(c) The Annual Tank
			 Fee was charged for a UST that was not in use for the entire year. The Annual
			 Tank Fee will not be prorated.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
505 CMR 1.00 is authorized by M.G.L. c. 38, § 2. The purpose of 505 CMR 1.00 is to establish and provide clear, uniform rules and procedures for the disclosure of autopsy reports to those who are legally entitled to receive them.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 505 CMR 1.00:
Authority Compiling Statistical Data
means any local, state, or federal agency or entity, excluding the Attorney General and respective District Attorneys of the Commonwealth, authorized by law to collect or receive information for the purpose of preventing or controlling disease, injury, disability, or death.
Chief
means the chief medical examiner or his designee.
Health Care Provider
means any doctor of medicine licensed under the provisions of M.G.L. c. 112; an intern, fellow or medical officer licensed under M.G.L. c. 112, § 9; a hospital licensed under the provisions of M.G.L. c. 111 and its agents and employees; or a public hospital and its agents and employees.
Investigatory Body
means any local, state, federal, or military law enforcement or regulatory agency or entity, excluding the Attorney General and respective District Attorneys of the Commonwealth, authorized or mandated with the oversight, regulation, standardization, or review of investigations related to causes of death.
Medical Peer Review Committee
means a committee as defined by M.G.L. c. 111, § 1.
Office
means the Office of the Chief Medical Examiner.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.03 - Disclosure of Autopsy Reports to Spouse or Next of Kin

Current through Register 1525, July 5, 2024
The Office may, in its discretion, provide a copy of the autopsy report of a decedent to the decedent's surviving spouse or next of kin, who shall have priority in the order named, if the following conditions are met:
(1) The Office receives a written request for a copy of the autopsy report from the surviving spouse or next of kin;
(2) The surviving spouse or next of kin provides an affidavit, signed under the pains and penalties of perjury, indicating and verifying his or her relationship to the decedent; and
(3) In cases of unnatural or suspicious death where the district attorney or his law enforcement representative is directing and controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, the district attorney or his law enforcement representative has determined, in his discretion and in writing, that he does not object to the disclosure of the autopsy report to the spouse or next of kin.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.04 - Disclosure of Autopsy Reports in Civil Cases

Current through Register 1525, July 5, 2024
The Office may, in its discretion, provide a copy of the autopsy report of a decedent to a requesting party in a civil case if the following conditions are met:
(1) The moving party demonstrates to the court having subject matter jurisdiction over the litigation that the autopsy report likely contains information that is relevant, material, and necessary for preparation or use in the litigation;
(2) The moving party obtains a specific court order, authorizing disclosure of the autopsy report, issued by a judge of the court having subject matter jurisdiction over the litigation;
(3) The Office has been afforded the opportunity to oppose and object to the disclosure of the autopsy report for reasons of confidentiality, privacy, investigative interests or as justice may require;
(4) In cases of unnatural or suspicious death where the district attorney or his law enforcement representative is directing and controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, the district attorney or his law enforcement representative has determined, in his discretion and in writing, that he does not object to the disclosure of the autopsy report to the spouse or next of kin; and
(5) The Office issues, along with the release of the autopsy report, a statement that autopsy reports are not public records and should not be disseminated or used for any purposes other than those authorized by the court order or by law.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.05 - Disclosure of Autopsy Reports to Investigatory Bodies

Current through Register 1525, July 5, 2024
The Office may, in its discretion, provide a copy of the autopsy report of a decedent to a requesting investigatory body if the following conditions are met:
(1) The investigatory body demonstrates that the autopsy report likely contains information that is relevant, material, and necessary for the complete and proper investigation of the death;
(2) In cases of unnatural or suspicious death where the district attorney or his law enforcement representative is directing and controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, the district attorney or his law enforcement representative has determined, in his discretion and in writing, that, that he does not object to the disclosure of the autopsy report to the investigatory body; and
(3) The Office issues, along with the release of the autopsy report, a statement that autopsy reports are not public records and should not be disseminated or used for any purposes other than those authorized by law.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.06 - Disclosure of Autopsy Reports to Persons or Entities Statutorily Entitled to Receive Autopsy Reports

Current through Register 1525, July 5, 2024
(1) Nothing in 505 CMR 1.06 shall be construed or interpreted to contravene or circumvent the provisions of M.G.L. c. 38 or any other Massachusetts statute, which authorizes or mandates the disclosure of autopsy reports.
(2) The Office shall provide a copy of an autopsy report of a decedent to the Attorney General or District Attorney having lawful jurisdiction of the investigation of the death, forthwith upon request.
Code of Massachusetts Regulations › 505 CMR - OFFICE OF THE CHIEF MEDICAL EXAMINER › Title 505 CMR 1.00 - Disclosure Of Autopsy Reports › Section 1.07 - Disclosure of Autopsy Reports to Health Care Providers

Current through Register 1525, July 5, 2024
The Chief may, in his discretion, provide a copy of an autopsy report to a health care provider if the following conditions are met:
(1) The autopsy report is requested by a medical peer review committee and will only be used by the committee to review the medical care provided to the decedent;
(2) The autopsy report is requested as part of, and will only be used in furtherance of, a review of the medical care provided to the decedent by the requesting health care provider;
(3) In cases involving hospital deaths, the autopsy report may be provided to the hospital without a request; and
(4) In cases of unnatural or suspicious death where the district attorney or his law enforcement representative is or has been directing or is or has been controlling the investigation of the death pursuant to M.G.L. c. 38, § 4, the district attorney or his law enforcement representative has determined, in his discretion, and has stated in writing that he does not object to the disclosure of the autopsy report to the health care provider.
Any autopsy report released pursuant to 505 CMR 1.00 shall have accompanying it a statement that autopsy reports are not public records and must not be disseminated or used for any purposes other than those authorized by 505 CMR 1.00 or by law.
Health care providers who obtain an autopsy report pursuant to 505 CMR 1.00 may disseminate the autopsy report to others only if necessary to review the medical care provided by the health care provider or the relationship, if any, between the medical care and the decedent's death. Dissemination of the autopsy report or any information contained within the autopsy report for any other purpose, without the express written consent of the Office or the decedent's next of kin, is prohibited unless required by law.