Sec. 22a-449f. Application for reimbursement for claims resulting from release of petroleum.
Sec. 22a-449f. Application for reimbursement for claims resulting from release of petroleum. (a) Application. Notice of claim. A responsible party may apply to
the Underground Storage Tank Petroleum Clean-Up Account Review Board established
under section 22a-449d, for reimbursement for costs paid and payment of costs incurred
as a result of a release, or a suspected release, including costs of investigating and
remediating a release, or a suspected release, incurred or paid by such party who is
determined not to have been liable for any such release. If a person other than a responsible party, claims to have suffered bodily injury, property damage or damage to natural
resources from a release, the person with such claim shall make reasonable attempts to
provide written notice to the responsible party of such claim and if such person cannot
provide such notice or if the responsible party does not apply to the board for payment
of such claim not later than sixty days after receipt of such notice or such other time as
may be agreed to by the parties, the person holding such claim may apply to the board
for payment for such damage or bodily injury.
(b) Approval by commissioner or licensed environmental professional. (1) In
addition to all other applicable requirements, a person seeking payment or reimbursement from the account shall demonstrate that when the total costs, expenses or other
obligations in response to a release or suspected release (A) are two hundred fifty thousand dollars or less, all labor, equipment and materials provided after October 1, 2005,
and all services and activities undertaken after October 1, 2005, are approved, in writing,
either by the commissioner or by a licensed environmental professional with a currently
valid and effective license issued pursuant to section 22a-133v; and (B) exceed two
hundred fifty thousand dollars, all labor, equipment and materials provided after October
1, 2005, and all services and activities undertaken after October 1, 2005, are approved,
in writing, by the commissioner, provided the commissioner may authorize, in writing,
a licensed environmental professional with a currently valid and effective license issued
pursuant to section 22a-133v to approve, in writing, such labor, equipment, materials,
services and activities, in lieu of the commissioner. The provisions of this subsection
shall apply to all costs, expenses or other obligations for which a person is seeking
payment or reimbursement from the account and the board shall not order and the commissioner shall not make payment or reimbursement from the account for any cost,
expense or other obligation, unless the person seeking such payment or reimbursement
provides the written approval required by this subdivision. Any written approval provided by a licensed environmental professional pursuant to this subdivision shall be
submitted with the application for payment or reimbursement. Any written approval
provided by the commissioner pursuant to this subdivision shall not constitute an approval pursuant to any other provision of the general statutes or any regulation and shall
be presented to the board prior to the board making a decision regarding the application
that such approval concerns.
(2) The fees charged by a licensed environmental professional regarding labor or
services rendered in response to a release or suspected release may be included in any
application or request for payment or reimbursement submitted to the board. The amount
to be paid or reimbursed from the account for such fees may also be established in the
schedule adopted by the commissioner pursuant to subsection (b) of section 22a-449e.
(3) Providing it is true and accurate, a licensed environmental professional shall
submit the following certification regarding any approval provided under subdivision
(1) of this subsection and section 22a-449p: "I hereby agree that all of the labor, equipment, materials, services, and activities described in or covered by this certification
were appropriate under the circumstances to abate an emergency or were performed as
part of a plan specifically designed to ensure that the release or suspected release is
or has been investigated in accordance with prevailing standards and guidelines and
remediated consistent with and to achieve compliance with the remediation standards
adopted under section 22a-133k of the general statutes.".
(c) Conditions for reimbursement or payment. The board shall order reimbursement or payment from the account for any cost paid or incurred, as the case may be, if,
(1) such cost is or was incurred after July 5, 1989, (2) a responsible party was or would
have been required to demonstrate financial responsibility under 40 CFR Part 280.90
et seq. as said regulation was published in the Federal Register of October 26, 1988, for
the underground storage tank or underground storage tank system from which the release
emanated, whether or not such party is required to comply with said requirements on
the date any such cost is incurred, provided if the state is the responsible party, the board
may order payment from the account without regard to whether the state was or would
have been required to demonstrate financial responsibility under said sections 40 CFR
Part 280.90 et seq., (3) after the release, if any, the responsible party incurred a cost,
expense or obligation for investigation, cleanup or for claims of a person other than a
responsible party resulting from the release, provided any such claim shall be required
to be finally adjudicated or settled with the prior written approval of the board before
an application for reimbursement or payment is made, (4) the board determines that the
cost, expense or other obligation is reasonable and that there are not grounds for recovery
specified in subdivision (1) or (3) of subsection (g) of this section, (5) the responsible
party notified the board, as soon as practicable, of the release and of any other claim by
a person other than a responsible party, resulting from the release, in accordance with
the regulations adopted pursuant to section 22a-449e, (6) the responsible party, or, if a
person other than a responsible party applies for payment or reimbursement from the
account, then such person demonstrates the remediation, including any monitoring to
determine the effectiveness of the remediation, for which payment or reimbursement
is sought is not more stringent than that required by the remediation standards established
pursuant to section 22a-133k, except to the extent the responsible party or such person
demonstrates that it has been directed otherwise, in writing, by the commissioner, (7)
the responsible party, or, if a person other than a responsible party applies for payment
or reimbursement from the account, then such person demonstrates that it does not have
insurance, or a contract or other agreement to provide payment or reimbursement for
any cost, expense or other obligation incurred in response to a release or suspected
release, or if there is any such insurance, contract or other agreement, that any insurance
coverage has been denied or is insufficient to cover the costs, expenses or other obligations, paid or incurred or that any contract or other agreement is not able to or is insufficient to cover the costs, expenses or other obligations, paid or incurred, for which payment or reimbursement is sought from the account, (8) the responsible party
demonstrates and the board determines that one of the milestones noted in section 22a-449p has been completed, (9) the board determines what, if any, reductions to the
amounts sought from the account should be made based upon the compliance evaluations
performed pursuant to subsection (d) of this section, and (10) at the time any application
or request for payment or reimbursement, including any supplemental application or
request, is submitted to the board, (A) for applications filed with the underground storage
tank petroleum clean-up account on or after October 1, 2007, there is no underground
storage tank system subject to the financial responsibility demonstration required in
subdivision (2) of this subsection dispensing petroleum on the property where the release
or suspected release emanated or occurred, and if the application is submitted by the
person who owns or operates or who owned or operated the underground storage tank
system at the time of the release, such person demonstrates, in addition to all other
applicable requirements, that lack of compliance with provisions of the general statutes
and regulations governing underground storage tank systems was not a proximate cause
of the release or suspected release and that there are not grounds for recovery specified
in subdivision (2) of subsection (g) of this section, or (B) for applications filed with the
underground storage tank petroleum clean-up account prior to October 1, 2007, there
is no underground storage tank system dispensing petroleum on the property where the
release or suspected release emanated or occurred, and if the application is submitted
by the person who owns or operates or who owned or operated the underground storage
tank system at the time of the release, such person demonstrates, in addition to all other
applicable requirements, that lack of compliance with provisions of the general statutes
and regulations governing underground storage tank systems was not a proximate cause
of the release or suspected release and that there are not grounds for recovery specified
in subdivision (2) of subsection (g) of this section. Subdivision (10) of this subsection
shall not apply to any application filed with the underground storage tank petroleum
clean-up account concerning a release of an underground storage tank system that was
reported to the Commissioner of Environmental Protection in September, 2003 where
such system was owned or operated by a municipality or other political subdivision of
the state at the time of the release and such system was removed on or before April 1,
2005. In acting on an application or a request for payment or reimbursement, the board,
using funds from the account, may contract with experts, including, but not limited to,
attorneys and medical professionals, to better evaluate and defend against claims and
negotiate claims by persons other than responsible parties. The costs of the board for
experts shall not be charged to the amount allocated to the Department of Environmental
Protection pursuant to section 22a-449c. If a person other than a responsible party applies
to the board claiming to have suffered bodily injury, property damage or damage to
natural resources, the board shall order reimbursement or payment from the account if
such person demonstrates that subdivisions (1), (2), (6) and (7) of this subsection are
satisfied, the board determines that as a result of a release or suspected release such
person has suffered bodily injury, property damage or damage to natural resources,
that the costs, expenses or other obligations incurred are reasonable and the person
submitting such claim demonstrates that it has attempted to or has provided written
notice of its claim to the responsible party as required in subsection (a) of this section
and that the responsible party has not applied to the board for payment or reimbursement
of this claim. On or before June 30, 2005, if the board denied reimbursement or provided
for only partial payment or reimbursement from the account regarding a release, pursuant
to subdivision (4) of this subsection, such denial or partial payment or reimbursement
shall remain in effect and shall apply to all subsequent applications or requests for
payment or reimbursement regarding such release.
(d) Compliance status of underground storage tank systems. Applicability.
Evaluation. (1) Except as provided in this subsection, if at the time any application or
request for payment or reimbursement is submitted to the board, including any supplemental application or request, there is an underground storage tank system dispensing
petroleum on the property where the release or suspected release emanated or occurred,
such application or request shall not be deemed complete and shall not be acted upon
by the board unless such application or request includes a summary of the compliance
status of all the underground storage tank systems on the subject property. Any such
summary shall include an evaluation of compliance with the design, construction, installation, notification, general operating, release detecting, system upgrading, abandonment and removal date requirements of the regulations adopted pursuant to sections
22a-449 and 22a-449o and shall be prepared by an independent consultant on a form
prescribed by or acceptable to the commissioner. The summary shall be based on an
evaluation of said underground storage tank systems performed not more than one hundred eighty days before the board receives an application or a request for reimbursement
or payment, except that with respect to any provision of the subject regulations regarding
record keeping, periodic monitoring or testing, the summary shall be based on an evaluation of a one-year period terminating within one hundred eighty days prior to the board's
receipt of an application or a request for payment or reimbursement. The summary shall
also include a full description of all corrective measures that have been taken or that are
being taken with regard to any noncompliance identified in the compliance evaluation
performed pursuant to this subdivision.
(2) With respect to any initial application or request for payment or reimbursement
regarding a release or suspected release the provisions of subdivision (1) of this subsection shall apply only to applications or requests received on or after January 1, 2006.
With respect to any supplemental application or request for payment or reimbursement
regarding a release or suspected release, the provisions of subdivision (1) of this subsection shall apply to each application or request submitted to the board on or after January
1, 2006, regardless of when the initial application or request was submitted, except that
submission of a compliance summary shall not be required if at the time a supplemental
application or request is submitted, less than one year has passed since the performance
of a compliance evaluation submitted with any prior application or request.
(3) The cost of hiring an independent consultant to perform a compliance evaluation,
as required by this subsection, shall be eligible for payment or reimbursement from the
account up to a maximum of one thousand dollars per compliance evaluation, provided
the evaluation is in conformance with the requirements of this subsection and includes
all underground storage tank systems on the property where a release or suspected release
emanated or occurred. If the schedule adopted by the commissioner pursuant to subsection (b) of section 22a-449e includes an amount for performing a compliance evaluation,
upon adoption of any such schedule, the amount eligible for payment or reimbursement
for performing a compliance evaluation shall be the amount prescribed in any such
schedule.
(4) Nothing in this subsection shall affect the continued applicability of any decision
of the board to (A) deny reimbursement or payment from the account, or (B) provide only
partial payment or reimbursement regarding all applications or requests for payment or
reimbursement from the account. Any such decision shall remain in effect and shall not
be subject to reconsideration or reevaluation as a result of this subsection.
(5) Except as provided for in this subdivision, if at the time any application or request
for payment or reimbursement, including any supplemental application or request, is
submitted, there is no underground storage tank system dispensing petroleum on the
property where the release or suspected release emanated or occurred, any such application or request shall be subject to the provisions of subdivision (10) of subsection (c)
of this section, even where a prior application or request was subject to the provisions
of this subsection. The provisions of this subdivision shall not apply to an application
or request for payment or reimbursement for annual groundwater remedial actions, including the preparation of a groundwater remedial action progress report, performed
pursuant to subdivision (6) of section 22a-449p.
(e) Reduction of payment or reimbursement. Authority of commissioner. (1) If
the compliance evaluation summary performed pursuant to subsection (d) of this section
indicates that any of the violations noted in this subdivision exist with respect to any
underground storage tank or underground storage tank system on the property at which
a release or suspected release occurred and any such violations have not been fully
corrected by the time an application or request for reimbursement is submitted to the
board, the board shall reduce any payment or amount to be reimbursed as follows: (A)
A one hundred per cent reduction of the payment or amount to be reimbursed for failure to
meet the tank or piping construction requirements of section 22a-449o or the regulations
adopted pursuant to section 22a-449 or for failure to report the release to the commissioner as required by this section, (B) a seventy-five per cent reduction of the payment
or amount to be reimbursed for failure to have properly functioning cathodic protection,
spill prevention, overfill prevention, or release detection as required by the regulations
adopted pursuant to section 22a-449. Notwithstanding the provisions of this subsection,
the board may reduce any amount to be paid or reimbursed based on any other violation
of the provisions of the general statutes or regulations of Connecticut state agencies
regarding ownership or operation of an underground storage tank system.
(2) Nothing in this subsection and no determination by the board of any issue of
fact or law shall affect the authority of the commissioner under any other statute or
regulations, including, but not limited to, taking any enforcement action based upon the
violations identified in any compliance evaluation performed pursuant to subsection (d)
of this section.
(f) Payment or reimbursement for work, services, material. (1) For all work or
services performed or materials provided before October 1, 2004, the board shall not
order payment or reimbursement from the account for any cost paid or incurred, unless
when seeking payment or reimbursement, the application or any submission regarding
work, services or materials that have been pre-authorized by the board is received by
the board on or before April 1, 2005.
(2) For purposes of this subsection, work or services shall be deemed rendered or
performed on the date such work is rendered or performed and a material shall be deemed
provided on the date a material is made available for use.
(3) After June 30, 2005, the board shall not order payment or reimbursement from
the account for any cost, expense or other obligation, paid or incurred, unless the application or request for payment or reimbursement is received by the board not later than
one year after the completion of all or substantially all of the work or activities necessary
to prepare the plan or report required by the milestones set forth in section 22a-449p.
(g) Civil actions. The Attorney General, upon the request of the board or the commissioner, may institute an action in the superior court for the judicial district of Hartford
to recover the amounts specified in this section from any person who owns or operates
an underground storage tank system at the time a release emanates or occurs from such
system or any person who owns the real property on which a release emanates or occurs,
provided such person owned the real property at or any time after the release emanates
or occurs until the time that a final remediation action report is submitted by a licensed
environmental professional or approved by the commissioner pursuant to subdivision
(7) of section 22a-449p, if: (1) Prior to the occurrence of the release, the underground
storage tank or underground storage tank system from which the release emanated was
required by regulations adopted under section 22a-449 to be the subject of an Underground Storage Facility Notification Form, or EPHM-6 but the person who owns or
operates or who owned or operated such tank or tank system knowingly and intentionally
failed to submit such notification form to the commissioner; (2) the release results from
a reckless, wilful, wanton or intentional act or omission of such person or a negligent
act or omission of such person that constitutes noncompliance with the general statutes
or regulations governing the installation, operation and maintenance of underground
storage tanks; or (3) the release occurs from an underground storage tank or system
which is not in compliance with a final order issued by the commissioner pursuant to
this chapter or a final judgment issued by a court concerning noncompliance with a
requirement of this chapter; or (4) payment has been made from the account, including
payment to the commissioner pursuant to subsection (i) of this section, to a person other
than a person against whom an action may be brought pursuant to this subsection. All
costs to the state relating to actions to recover such payments, including, but not limited
to, reasonable attorneys' fees, shall initially be paid from the underground storage tank
petroleum clean-up account. In any recovery the board or the commissioner is entitled
to recover from such person (A) all payments made from the account with respect to a
release or suspected release, (B) all payments made by the commissioner pursuant to
subsection (i) of this section with respect to a release or suspected release, (C) interest
on such payments at a rate of ten per cent per year from the date such payments were
made, and (D) all costs of the state relating to actions to recover such payments, including, but not limited to, reasonable attorneys' fees. All actions brought pursuant to this
section shall have precedence in the order of trial, as provided in section 52-191. If the
Attorney General has filed an action against a person seeking recovery of the amounts
specified in this subsection or if the commissioner sends a person a demand letter regarding costs incurred by the state pursuant to section 22a-451, any such person against
whom an action has been brought or who receives a demand letter shall not submit an
application or request for payment or reimbursement to the board seeking payment or
reimbursement of any such amount sought by the Attorney General or by the commissioner. If any such application or request for payment or reimbursement is submitted,
the board shall not take any action regarding any such application or request.
(h) Rendering of decision by board. Hearings. The board shall render its decision
not more than ninety days after receipt of an application from a person, provided, in the
case of a second or subsequent application, the board shall render its decision not more
than forty-five days after receipt of such application. A copy of the decision shall be
sent to the commissioner and the person seeking payment or reimbursement by certified
mail, return receipt requested. The commissioner or any person aggrieved by the decision of the board may, within twenty days from the date of issuance of such decision,
request a hearing before the board in accordance with the provisions of chapter 54. After
such hearing, the board shall consider the information submitted to it and affirm or
modify its decision on the application. A copy of the affirmed or modified decision shall
be sent to all parties to the hearing by certified mail, return receipt requested. Once the
board renders a decision regarding an application or request for payment or reimbursement and no hearing has been requested pursuant to this subsection regarding any such
decision, the costs, expenses or other obligations addressed by any such decision shall
not be resubmitted in any other application or request.
(i) Use of account for clean-up. Whenever the commissioner determines that as a
result of a release, as defined in section 22a-449a, or a suspected release, a clean-up is
necessary, including, but not limited to, actions to prevent or abate pollution or a potential
source of pollution and to provide potable drinking water, the commissioner may undertake such actions using not more than one million dollars from the underground storage
tank petroleum clean-up account for each release or suspected release from an underground storage tank or an underground storage tank system for which the responsible
party is the state or for which a responsible party was or would have been required to
demonstrate financial responsibility under 40 CFR Part 280.90 et seq., as said regulation
was published in the Federal Register of October 26, 1988.
(j) Percentage payments. (1) If through an initial application or request for payment or reimbursement received by the board before June 1, 2005, the board has determined that a person has paid or incurred costs, expenses or other obligations that are
eligible for payment or reimbursement from the account, with respect to any supplemental application or request for payment or reimbursement the following shall apply. The
commissioner may identify a category of activities, costs, expenses, or other obligations
that are less than one hundred thousand dollars for which, in lieu of full payment, the
board may approve a percentage of the costs, expenses or other obligations paid or
incurred. In making any such recommendation to the board, the commissioner shall
consider the amounts previously paid from the account and any other information the
commissioner deems relevant. Any such percentage shall be not more than, but may be
less than, ninety per cent of the average amount, as determined by the commissioner,
previously paid from the account for any activity, cost, expense or obligation. The board
shall approve or disapprove, but shall not modify, payment of the percentage recommended by the commissioner pursuant to this subdivision. The commissioner may, using
the procedures specified in this subdivision, recommend changes to any percentage
previously approved by the board under this subdivision.
(2) If the board approves payment of the percentage recommended by the commissioner, a person with a supplemental application or request for payment or reimbursement may agree to accept the percentage payment approved by the board. Any such
acceptance shall be in writing, signed by the person seeking payment or reimbursement
and shall acknowledge that the person is agreeing to accept less than the full amount
sought by such person for the costs, expenses or other obligations covered by such
acceptance. If the commissioner has prescribed forms, any such acceptance shall be
made using the forms prescribed by the commissioner. Once a completed written acceptance is received, the board shall, not later than ninety days after receiving such acceptance, determine whether to order payment or reimbursement from the account. Any
such determination by the board shall be limited to whether the costs, expenses or other
obligations are within those for which the board has approved payment pursuant to
subdivision (1) of this subsection.
(3) Any amount ordered to be paid or reimbursed by the board shall be considered
full payment for any such activity, expense or other obligation and a person shall not
seek any additional reimbursement from the account for any such activity, expense or
other obligation. The categories or activities for which the commissioner recommends
payment of a percentage pursuant to this subsection may constitute all or a portion of
the amounts sought in a supplemental application or supplemental request for payment
or reimbursement.
(k) Notification to commissioner. Notification to the commissioner pursuant to
regulations adopted pursuant to section 22a-449 shall constitute compliance with any
regulation adopted pursuant to section 22a-449e regarding notification to the board of
a release.
(P.A. 88-230, S. 1, 12; P.A. 89-373, S. 7, 10; P.A. 90-98, S. 1, 2; 90-181, S. 3; P.A. 91-254, S. 4, 7; P.A. 93-142, S. 4,
7, 8; P.A. 94-28, S. 2, 3; P.A. 95-220, S. 4-6; P.A. 96-180, S. 81, 166; P.A. 04-244, S. 3; June Sp. Sess. P.A. 05-3, S. 94;
P.A. 06-196, S. 260; P.A. 07-192, S. 5-7; P.A. 08-124, S. 29, 30.)
History: P.A. 90-181 amended Subsec. (a) to allow a responsible party to apply for costs paid, to allow application for
reimbursement and payment of costs for a suspected release, to allow the board to order reimbursement in addition to
payment, added Subdiv. (1) re requirement that reimbursement may only be ordered if the cost is or was incurred after
July 5, 1989, amended Subdiv. (2) to provide that the responsible party had to demonstrate financial responsibility under
the CFR as it was published in the Federal Register of October 26, 1988, regardless of whether the owner is required to
comply with said requirements on the date the cost is incurred, amended Subdiv. (3) to include expense for investigation
and amended Subsec. (b) to allow the board the right of subrogation if the release occurs from a tank or system which is
not in compliance with the general statutes and regulations governing such tanks and to allow the board an additional right
for subrogation against a responsible party for the first $10,000 of reimbursements and payments it makes in respect to a
release unless the responsible party incurring the costs is determined not to have been liable for the release; P.A. 91-254
added Subsec. (a)(4) and (5) concerning a determination by the board for disbursement from the fund, amended Subsec.
(b) to authorize the attorney general to institute actions to recover amounts disbursed from the fund, to set forth prerequisite
factors for such action and to provide for payment of costs for such actions, and to specify what may be recovered in such
action, amended Subsec. (c) to provide for a process of appeal from decisions of the board and added Subsec. (d) concerning
use of the fund by the commissioner in case of a release (Revisor's note: P.A. 88-230 and P.A. 90-98 authorized substitution
of "judicial district of Hartford" for "judicial district of Hartford-New Britain at Hartford" in public and special acts of the
1991 session of the general assembly, effective September 1, 1993); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 94-28 amended Subsec. (c) to extend
the time for decisions by the board regarding first applications for reimbursement from 45 to 90 days, effective July 1,
1994, and applicable to applications filed with the board after said date; (Revisor's note: In 1995 the word "fund" was
replaced editorially by the Revisors with "account" in references to the former underground storage tank petroleum clean-up fund and its review board to conform section with Secs. 22a-449b et seq., as amended by P.A. 94-130); P.A. 95-220
changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 96-180 amended Subsec. (d) to correct a grammatical error, effective June 3, 1996; P.A. 04-244 added Subsec. (a)(6) re
demonstration that the remediation is not more stringent than required by remediation standards, added new Subsec. (b)
re deadlines for submission of application or preauthorization request, redesignated existing Subsecs. (b) to (d) as new
Subsecs. (c) to (e), respectively, and made technical changes in said Subsec. (c), effective June 8, 2004; June Sp. Sess.
P.A. 05-3 amended Subsec. (a) to add "and remediating", to delete references to "responsible" party and to "entity", to
replace "damage or personal injury" with "bodily injury, property damage or damage to natural resources", to add requirement re attempt to provide written notice, to delete reference to denial of release, and to add 60-day requirement re
application, designated a portion of existing Subsec. (a) as new Subsec. (c), added new Subsec. (b) re approval of services and
activities that surpass certain cost thresholds and inclusion of fees and certification by licensed environmental professional,
amended new Subsec. (c) to make technical changes, to change names of certain entities and notification requirement, to
add new criteria for applicants in Subdivs. (7) to (10), and to specify criteria for persons other than a responsible party,
added new Subsec. (d) re compliance evaluations of existing tank systems, added new Subsec. (e) re reduction of payment
or amount to be reimbursed based on compliance evaluations, deleted former Subsec. (b)(1) and redesignated existing
Subsecs. (b)(2) and (3) as Subsecs. (f)(1) and (2), amended Subsec. (f)(1) to rephrase language re preauthorization, added
new Subsec. (f)(3) re deadline for applications, redesignated existing Subsec. (c) as Subsec. (g) and amended same to allow
commissioner to request an action, to revise persons from which attorney general may attempt to recover costs, to make
technical changes, to delete references to knowingly and intentionally failing to notify commissioner, to add negligent acts
or omissions that constitute noncompliance with installation, operation, and maintenance requirements in Subdiv. (2), to
revise Subdiv. (3) to insert reference to "a final" order, to replace reference to general statutes and regulations with "this
chapter" or certain final judgments, to add Subdiv. (4) re payment made from account, and to add language re inability of
person to file an application or request upon receipt of demand letter or where person is subject of an action, redesignated
existing Subsec. (d) as Subsec. (h) and amended same to change names of certain entities, to make technical changes, and
to prohibit resubmission of costs in application subject to board decision, redesignated existing Subsec. (e) as Subsec. (i)
and amended same to make a technical change and to delete language re refusal to pay first $10,000 of third party claims,
added Subsec. (j) re identification of a category of activities and approval of a percentage of costs, and added Subsec. (k)
re notification of release, effective June 30, 2005; P.A. 06-196 made technical changes in Subsec. (b)(1)(B) and (3),
effective June 7, 2006; P.A. 07-192 amended Subsec. (b)(1) to make technical changes, provide differing timeframes for
submission of approval by a licensed environmental professional and add provision re commissioner's approval pursuant
to subdivision, effective July 5, 2007, and applicable to applications filed with the underground storage tank petroleum
clean-up account on or after July 1, 2005, amended Subsec. (c)(5) to require notification concerning release and to add
reference to regulations, and amended Subsec. (c)(10) to add Subpara. (A) designator, to add requirement re demonstration
of financial responsibility, to require that only certain applicants do proximate cause analysis, to add new Subpara. (B)
and to add provision re denial or partial payment or reimbursement on or before June 30, 2005, effective July 5, 2007, and
applicable to applications filed with the underground storage tank petroleum clean-up account either prior to or subsequent
to July 5, 2007, except that the provisions of Subsec. (a)(10)(A) shall be applicable only to applications filed on or after
October 1, 2007, and amended Subsec. (g)(1) to add provision re knowing or intentional failure to submit Underground
Storage Facility Notification Form, effective July 5, 2007, and applicable to applications filed with the underground storage
tank petroleum clean-up account both prior to and subsequent to July 5, 2007; P.A. 08-124 made technical changes in
Subsecs. (b)(1) and (c), effective June 2, 2008.