8 CAR § 80-407. Deductible

(a) The first seven thousand five hundred dollars ($7,500) of costs incurred by the owner or operator for third-party compensatory damage claims for an occurrence shall be considered a deductible and is not eligible for reimbursement from the Petroleum Storage Tank Trust Fund. (b)(1) No payment to any third party or to any owner or operator against whom a third-party claim is brought for compensatory damages shall be made from the trust fund until the owner or operator has expended the deductible amount on third-party claims for the occurrence, unless the owner or operator has been discharged under the United States Bankruptcy Code or is determined by a court to be insolvent. (2) Proof of payment of the deductible must be provided to the Division of Environmental Quality prior to approval of a third-party claim for payment. (3)(A) For purposes of meeting the deductible, proof of payment shall consist of a: (i) Receipt; (ii) Copy of a money order; or (iii) Canceled check. (B) An IOU, a conditional payment, an installment payment, or a down payment shall not be considered proof of payment. (c) Only third-party claims found to be reasonable and allowable shall be credited toward the deductible.