Reimbursement for Former Dispensing Facilities

(1) Former Dispensing Facilities must have filed for a Certificate of Compliance by January 31, 1995, and submitted an Application for Eligibility along with the Claim by January 31, 1995 for costs, expenses or Obligations for: (a) Work performed after April 1, 1991, and before July 1, 1994; or (b) Payment of a Final Judgment on a Third Party Claim entered before July 1, 1994, for damages incurred after April 1, 1991, and before July 1, 1994. At the time of filing an Application for Eligibility pursuant to 503 CMR 2.09(1), the individual shall submit to the Board documentation that the Former Dispensing Facility was operating as a Dispensing Facility on or after April 2, 1991. The documentation shall include, but not be limited to, delivery receipts, sales information, licensing information, and advertisements. The Owner or Operator shall certify under the penalties of perjury that the Former Dispensing Facility was operating on or after April, 2, 1991 and an Annual Tank Fees and Delivery Fees pursuant to 503 CMR 2.02 have been paid. (3) A Claim filed in connection with a Former Dispensing Facility shall be subject to all other requirements of 503 CMR 2.00. The total of all Reimbursements made by the Fund as the result of an Occurrence of a Release at a Former Dispensing Facility shall not exceed the total of $500,000 for the Reimbursements described in 503 CMR 2.16(1)(b) and $1,000,000 for the Reimbursements described in 503 CMR 2.16(1)(c). (5) Claims for Response Actions or civil court actions shall be submitted in compliance with 503 CMR 2.11 and 2.12. 2.22: continued subject of the Request for Reconsideration shall be deemed a partial Reimbursement pending resolution of the Request for Reconsideration. (c) A Claimant's right to certiorari appeal to the Superior Court under M.G.L. c. 21J, § 1 1 shall arise only on the date on which final action by the Board is taken or is deemed to have been taken pursuant to 503 CMR 2.22.