General Provisions

(1) 503 CMR2.00 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. (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) Unless otherwise determined by the Board, any application, record, report, plan, or statement required by the Board or DOR shall be submitted electronically and within the timeframes specified. To obtain information on electronic submissions and general information on the M.G.L. c. 21J program, see the Underground Storage Tank Program. (4) Accurate and Complete Recordkeeping; Assignment of Claims. (a) A Claimant shall keep all records relating to any Claim for a minimum of four years from the later of: the date on which the Claim submittal was reimbursed; or, the date that all rights of appeal pertaining to a final action of the Board have been exhausted. Upon the written request of the Board or DOR, these records shall be made available to the Board or DOR, at a location in the Commonwealth designated by the Board or DOR. The Board or DOR is permitted to investigate submissions based on available records beyond the four-year limitation period. (b) No Person shall make any false or misleading statement in any record, report, plan, file, log, or register that the Person keeps, or is required to keep, pursuant to 503 CMR 2.00 or to any order of the Board. Any record, report, plan, file, log, or register that any Person is required to keep shall be filled out completely and otherwise kept in compliance with 503 CMR 2.00 and/or with any order issued by the Board. (c) A Person shall report to the Board with the Application for Eligibility, or subsequent to the Application for Eligibility within 60 days of discovery, or within 21 days of a request by the Board or DOR, any potential source of reimbursement related to a Release, including, without limitation, insurance coverage. Failure to submit the information may subject a Person to the sanctions set forth in M.G.L. c. 21J, § 13 and 503 CMR 2.00. (d) The Fund shall not reimburse those amounts reimbursed by any other source. If a Claimant has sought reimbursement from another source, including insurance, for any cost, expense, or obligation for which a claim is filed hereunder, the Claimant must inform the Board within 60 days of filing its claim and provide any documentation requested by the Board relating to such other possible reimbursement. The Board may require a Claimant to assign its claim for reimbursement from another source or its rights to file a claim for reimbursement from another source, including insurance, to the Fund. This assignment may, in the Board's discretion and depending on the facts and circumstances, constitute a requirement that the Claimant turn over all or a portion of any funds it receives as reimbursement related to the Release from a source other than the Fund. It may also constitute a requirement that the insurer reimburse the Fund directly for all payments related to the Release. A Claimant may also assign such claims to the Fund on its own initiative. If the Claimant receives reimbursement for a Claim from another source for any cost, expense or obligation previously reimbursed by the Fund, the Claimant shall return to the Fund the amount reimbursed by the Fund within 30 days of receipt of the other reimbursement. If a Claimant receives reimbursement from another source that does not specifically identify a Claim that was reimbursed by the Fund, the Claimant shall return to the fund the portion of the reimbursement that is attributable to a Response Actions up to the amount previously reimbursed by the Fund. The Claimant must fully document and provide to the Board any pro rata calculation it makes in determining the correct portion of the unallocated reimbursement it receives that is attributable to such Response Action. (5) Certification. (a) Any Person submitting an Application for Eligibility or an Application for Reimbursement pursuant to 503 CMR 2.00, or otherwise as required by the Board or DOR, shall make the following Certification in conjunction therewith: 2.03: continued (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) Unless otherwise determined by the Board, any application, record, report, plan, or statement required by the Board or DOR shall be submitted electronically and within the timeframes specified. To obtain information on electronic submissions and general information on the M.G.L. c. 21J program, see the Underground Storage Tank Program. (4) Accurate and Complete Recordkeeping; Assignment of Claims. (a) A Claimant shall keep all records relating to any Claim for a minimum of four years from the later of: the date on which the Claim submittal was reimbursed; or, the date that all rights of appeal pertaining to a final action of the Board have been exhausted. Upon the written request of the Board or DOR, these records shall be made available to the Board or DOR, at a location in the Commonwealth designated by the Board or DOR. The Board or DOR is permitted to investigate submissions based on available records beyond the four-year limitation period. (b) No Person shall make any false or misleading statement in any record, report, plan, file, log, or register that the Person keeps, or is required to keep, pursuant to 503 CMR 2.00 or to any order of the Board. Any record, report, plan, file, log, or register that any Person is required to keep shall be filled out completely and otherwise kept in compliance with 503 CMR 2.00 and/or with any order issued by the Board. (c) A Person shall report to the Board with the Application for Eligibility, or subsequent to the Application for Eligibility within 60 days of discovery, or within 21 days of a request by the Board or DOR, any potential source of reimbursement related to a Release, including, without limitation, insurance coverage. Failure to submit the information may subject a Person to the sanctions set forth in M.G.L. c. 21J, § 13 and 503 CMR 2.00. (d) The Fund shall not reimburse those amounts reimbursed by any other source. If a Claimant has sought reimbursement from another source, including insurance, for any cost, expense, or obligation for which a claim is filed hereunder, the Claimant must inform the Board within 60 days of filing its claim and provide any documentation requested by the Board relating to such other possible reimbursement. The Board may require a Claimant to assign its claim for reimbursement from another source or its rights to file a claim for reimbursement from another source, including insurance, to the Fund. This assignment may, in the Board's discretion and depending on the facts and circumstances, constitute a requirement that the Claimant turn over all or a portion of any funds it receives as reimbursement related to the Release from a source other than the Fund. It may also constitute a requirement that the insurer reimburse the Fund directly for all payments related to the Release. A Claimant may also assign such claims to the Fund on its own initiative. If the Claimant receives reimbursement for a Claim from another source for any cost, expense or obligation previously reimbursed by the Fund, the Claimant shall return to the Fund the amount reimbursed by the Fund within 30 days of receipt of the other reimbursement. If a Claimant receives reimbursement from another source that does not specifically identify a Claim that was reimbursed by the Fund, the Claimant shall return to the fund the portion of the reimbursement that is attributable to a Response Actions up to the amount previously reimbursed by the Fund. The Claimant must fully document and provide to the Board any pro rata calculation it makes in determining the correct portion of the unallocated reimbursement it receives that is attributable to such Response Action. (5) Certification. (a) Any Person submitting an Application for Eligibility or an Application for Reimbursement pursuant to 503 CMR 2.00, or otherwise as required by the Board or DOR, shall make the following Certification in conjunction therewith: "I certify under the penalty of perjury that to the best of my knowledge and belief the statements made and information given herein are true. I further certify that this submission is in compliance with M.G.L. c. 21J and 503 CMR 2.00. I hereby consent to all audits of payment and necessary inspections made to verify the accuracy of any submission to the Board or DOR and made pursuant to law and incidental to the issuance of licenses, registrations, permits, certificates and the operation of an UST System. I am aware that there are significant penalties for submitting false information, including possible fines, civil penalties and imprisonment. I further certify that I am authorized to execute this form. I agree to return any erroneous payment to the Fund within ten days of either the receipt of the erroneous payment or the receipt of a written notice from the Board or DOR that an erroneous payment was made." (b) The certification required by 503 CMR 2.03(5) must be made by one of the following: If a corporation, by an officer of the corporation or an individual designated by a Power of Attorney to act on behalf of the corporation for purposes of 503 CMR 2.00; If a partnership, a sole proprietorship, or trust, by a general partner, the sole proprietor, or a trustee, respectively; or If a limited liability company (LLC), by a manager, member, or other individual designated in the Articles of Organization (as updated) or an individual designated by Power of Attorney to act on behalf of the LLC for purposes of 503 CMR 2.00. (6) Conflict of Interest. A Board member who complies with the provisions of M.G.L. c. 268A pertaining to conduct of public officials and employees shall be deemed to be in compliance with the provisions of the UST statute at M.G.L. c. 21J, § 8 related to qualifications and limitations by Board Members in their participation on Board matters. (7) Reproduction of Forms. All forms may be reproduced or computer-generated provided that copies are reproduced identically or as close to identical as feasible. In no case shall language substitutions be acceptable.