Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 457 - FINANCE AUTHORITY OF MAINE (FAME) › Chapter 318 - WELLS AND PLYMOUTH WASTE OIL CLEAN-UP PROGRAM › Section 457-318-3 - Eligibility (Wells Applicants)

Current through 2024-29, July 17, 2024
A.
General
				eligibility
To be eligible for financial assistance under the program, a
				  recipient must demonstrate each of the following:
(1) The recipient, or a person or entity for
				which the recipient has agreed to assume liability for Response Costs (for
				reasons other than solely participation in the Program), has been determined by
				the Maine Department of Environmental Protection (MDEP) to be a Responsible
				Party with respect to the Wells Waste Oil Disposal Site;
(2) If the recipient is not a municipality,
				and has applied for a loan, it has demonstrated financial need for assistance
				as determined by the Authority under section 3(C);
(3) If the recipient has applied for a loan,
				it has demonstrated a reasonable likelihood that it will be able to repay the
				loan;
(4) The recipient has reached
				an agreement with an entity that has assumed liability for Total Response Costs
				at the Wells Waste Oil Disposal Site fixing the total liability of the
				recipient for Response Costs, and the recipient has incurred liability for or
				has paid Response Costs to that entity in connection with the Wells Waste Oil
				Disposal Site;
(5) Any financial
				assistance will be used only for a Project; and
(6) For loan applicants, the recipient is
				domiciled or has a place of business in the State or has agreed to assume
				liability for Response Costs (for reasons other than solely participation in
				the Program) of a person or entity which is domiciled or has a place of
				business in the State; for grant applicants, the recipient, or a person or
				entity for which the recipient has agreed to assume liability for Response
				Costs (for reasons other than solely participation in the Program) is: (a) a
				natural person domiciled in the State, (b) a corporation or partnership with a
				place of business in the State, (c) the State, any agency, authority,
				department, commission, municipality, quasi-municipality, special purpose
				district or other instrumentality of the State, a political subdivision of the
				State (including without limitation those defined in 14 MRSA c. 741 and 30-A
				MRSA c. 225), or (d) any other entity identified as a Responsible Party at the
				Wells Waste Oil Disposal Site whose waste oil is identified as delivered to the
				Wells Waste Oil Disposal Site and picked up from an address or location within
				the State in the records compiled by the Maine Department of Environmental
				Protection or the United States Environmental Protection Agency or their
				agents.
Anything in this subsection 3(A) to the contrary
				  notwithstanding, neither (i) the Federal Government (including all of its
				  agencies, authorities, departments, boards, commissions and instrumentalities),
				  nor (ii) an entity assuming liability for Total Response Costs, shall be
				  eligible for participation in the Program, and the participation of any other
				  entity whose eligibility is based on the assumption of Response Costs of
				  another person or entity is limited to the Response Costs of the party or
				  parties whose liability is so assumed.