Limitation on Reimbursements and Deductible Amounts

(1) The total of all Reimbursements made by the Fund as the result of an Occurrence at a Dispensing Facility shall not exceed the total of: (a) $ 1 .5 million for all reimbursements pursuant to M.G.L. c. 21J, § 4(a)(l) and 503 CMR 2. 10 (a Response Action cost) of an Owner or Operator of a Dispensing Facility from which Petroleum Product is sold or transferred to other Dispensing Facilities or to the public or the Owner or Operator of a Dispensing Facility that handles an average of more than 10,000 gallons of Petroleum Product per month based on annual throughput for the calendar year previous to filing an Application for Eligibility; or (b) $500,000 for all reimbursements pursuant to M.G.L. c. 21J, § 4(a)(2) and 503 CMR2.25 (Former Dispensing Facility) and an Owner or Operator of a Dispensing Facility who does not qualify under 503 CMR 2. 16(1)(a). (c) $ 1 .0 million for all reimbursements pursuant to M.G.L. c. 21J, § 4(a)(2) and 503 CMR 2. 12 (Damages to Third Parties) of an Owner or Operator of a Dispensing Facility or Former Dispensing Facility. (d) For purposes of 503 CMR 2.16(1)(a), (1)(b), and (1)(c), reimbursements amounts are calculated as follows: 1 . All Reimbursements pursuant to M.G.L. c. 21J, § 4(a)(2) and 503 CMR 2. 1 1 (Response Actions: Costs, Expenses, and Obligations Allowable for Reimbursement); mmus The Deductible Limit specified in M.G.L. c. 21J, § 5(b), 503 CMR 2.02 and 503 CMR 2. 1 6(2). (e) For purposes of 503 CMR 2. 16(1 )(c), reimbursement amounts are calculated as follows: 1 . All Reimbursements pursuant to M.G.L. c. 21J, § 4(a)(2) and 503 CMR 2. 12 (Damages to Third Parties); minus The Deductible Limit specified in M.G.L. c. 21J, § 5(b), 503 CMR 2.02 and 503 CMR 2. 1 6(2). The following amounts shall be the Deductible Limits per Occurrence and will be determined at the time the Application for Eligibility is approved by the Board: (a) If the Owner or Operator owns three or more Facilities, $10,000. (b) If the Owner or Operator owns two Facilities, $7,500. (c) If the Owner or Operator owns only one Facility, $5,000.