Eligible Claimants

(1) To be eligible for Reimbursement from the Fund, a Claimant must be: (a) A Person who has incurred or will incur allowable costs, expenses, and obligations as a result of: 1. taking a Response Action; or 2. paying a Final Judgment for Bodily Injury or Property Damage to a third party or Damage to Natural Resources; or 3. otherwise incurring allowable expenses, costs, and obligations as a result of an Eligible Release; and (2) Such Person must be one of the following: (a) An Owner or Operator of the current UST System or an Owner or Operator of the last UST System at a Former Dispensing Facility who: 1. paid all Annual Tank Fees, Delivery Fees, and late penalties; 2. demonstrates Full Compliance pursuant to 503 CMR 2.07; and 3. is not an agency or Political Subdivision of the Federal Government, the Commonwealth or any other state or foreign nation. (b) A Person acting on behalf of an Owner or Operator described in 503 CMR 2.08(3) or on behalf of a successor in ownership described in 503 CMR 2.08(2)(d) pursuant to a contract who takes a Response Action. (c) An Owner or Operator who files a Third Party Claim that satisfies the requirements of 503 CMR 2.12. (d) A successor owner of the property where the Dispensing Facility had previously been located. (3) For purposes of Claims filed by a Person other than the Owner of a UST System, such Person shall obtain and submit to the Department authorization from the Owner, from a court of competent jurisdiction, or from the Board, allowing such Person to file Claims with the Board.