2021 Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 21j - Underground Storage Tank Petroleum Product Cleanup Fund
Section 5 - Reimbursement of Costs

Universal Citation: MA Gen L ch 21j § 5 (2021)

Section 5. Reimbursements described in subsection (a) of section four shall be subject to the cap specified in subsection (a) of this section and the deductibles specified in subsection (b) of this section:

(a) for each tank eligible for reimbursement pursuant to this chapter, reimbursement for all costs, expenses, claims and other obligations eligible for reimbursement pursuant to this chapter shall not exceed $2,500,000, in the aggregate less the applicable deductible specified in subsection (b), as follows: (i) $1,500,000 for reimbursement under subclause (1) of clause (a) of section 4; and (ii) $1,000,000 for expenses under subclause (2) of said clause (a) of said section 4.

(b) For each tank eligible for reimbursement pursuant to this chapter, reimbursement for all costs, expenses, claims, and other obligations otherwise eligible for reimbursement pursuant to this chapter shall be subject to a deductible that shall be calculated as follows:

(1) If the tank owner or operator owns one or more underground storage tank and underground storage tank systems at three or more sites, the deductible shall be the first ten thousand dollars of all costs, expenses, claims, and other obligations otherwise eligible for reimbursement pursuant to this chapter.

(2) If the tank owner or operator owns one or more tanks at two sites, the deductible shall be the first seven thousand five hundred dollars of all costs, expenses, claims, and other obligations otherwise eligible for reimbursement pursuant to this chapter.

(3) If the tank owner or operator owns one or more tanks at only one site, the deductible shall be the first five thousand dollars of all costs, expenses, claims, and other obligations otherwise eligible for reimbursement pursuant to this chapter.

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