Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 11 - Claims › Rule 591-11.2 - Eligible Claims

Current through Register Vol. 47, No. 3, July 24, 2024
All claims eligible for benefits under Iowa Code sections
				455G.9 and
				455G.21 will
				be subject to available funding. In order to be eligible for reimbursement
				under any claim type, the claimant must prove either that the release was
				reported by October 26,1990, or that the release occurred prior to October 26,
				1990. Releases that cannot be proven to have occurred prior to October 26,
				1990, must be addressed using the owners' or operators' chosen financial
				responsibility mechanism. Failure to carry an adequate financial responsibility
				mechanism, such as continuous insurance, is deemed to be self-insurance. The
				provisions of these rules do not confer a right upon any party.
(1)
Financial responsibility
			 required.
To be eligible for benefits under Iowa Code sections
			 455G.9 and
			 455G.2I, any owner or operator applying for such benefits shall demonstrate
			 that such owner or operator had continuous financial responsibility coverage in
			 effect using a method provided for under 567-Chapter 136, beginning no later
			 than October 26, 1990. If an owner or operator is unable to demonstrate
			 financial responsibility coverage, or there is a lapse in the financial
			 responsibility coverage for any period after October 26, 1990, the owner or
			 operator will no longer be eligible for benefits if the site for which benefits
			 are being requested had active tanks during the time the owner or operator was
			 unable to demonstrate financial responsibility or if there is a lapse of
			 financial responsibility coverage subject to the following limitation:
a. The financial responsibility coverage
			 requirement shall not be required on temporarily closed tanks consistent with
			 subrule 11.2(3).
b. An owner or
			 operator who has had a lapse of financial responsibility coverage shall be
			 allowed to remain eligible for remedial benefits if the following conditions
			 are met:
(1) The owner or operator applies
			 for reinstatement of remedial benefits and submits a reinstatement fee
			 according to the following table:
Years for Which
				Financial
Per-Tank
Responsibihty Not
				Demonstrated
Reinstatement Fee
July 1, 1991, through June 30, 1992 $330
July 1, 1992, through June 30, 1993 $415
July 1, 1993, through June 30, 1994 $495
July 1, 1994, through June 30, 1995 $575
July 1, 1995, through present $450
For each fiscal year in which the owner or operator lacked
				financial responsibility coverage, such owner or operator shall pay the
				per-tank reinstatement fee for such fiscal year, as set forth above, for each
				active tank. The reinstatement fees above are for full years and shall be
				prorated on a per-month basis for each month or portion of a month for which
				there was a lapse of financial responsibility coverage. There is a minimum
				reinstatement fee of $500 per site per lapse of coverage.
(2) At the time of the application for
			 reinstatement of remedial benefits, all active tanks must be in compliance with
			 all state and federal technical and financial responsibility
			 requirements.
(3) The owner or
			 operator is in compliance with all other requirements of this chapter
(4) An owner or operator is only eligible for
			 reinstatement of remedial benefits one time per site. The one-time
			 reinstatement may remedy multiple past lapses in financial responsibility. If
			 there is subsequent lapse of financial responsibility coverage on any active
			 tank on site after remedial benefits have been reinstated, the owner or
			 operator will lose eligibility for remedial benefits and will be subject to
			 cost recovery pursuant to Iowa Code section
			 455G.13.
c. A claim for benefits under any portion of
			 591-Chapter 11 that has been deemed ineligible due to a failure to maintain
			 financial responsibility on a tank or tanks may be eligible, notwithstanding
			 the failure to maintain financial responsibility, under the following
			 conditions:
(1) The release for which the
			 claim is made occurred prior to October 26, 1990; and
(2) The claimant is in compliance with all
			 other requirements of this chapter; and
(3) The claimant pays a reinstatement fee
			 equal to the reinstatement fee provided for in 591-paragraph 11.2(1) "b. " The
			 amount of $150 per tank shall be used to calculate the charge for reinstatement
			 for the period from October 26, 1990, to July 1, 1991; and
(4) The application for reinstatement
			 complies with 591-subparagraph 11.2(1)
"b"
(4).