Section 324.21512 - Approval of expenditures on behalf of owner or operator; limitation; availability of fund; reduction; determination to delay implementation of schedule.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21512 Approval of expenditures on behalf of owner or operator; limitation; availability of fund; reduction; determination to delay implementation of schedule.
Sec. 21512.
(1) Except as provided in subsection (4), the administrator shall approve expenditures for corrective action and indemnification, on behalf of an owner or operator, of not more than a total of the following amounts per claim submitted if the owner or operator has met the requirements of this part and the rules promulgated under this part:
(a) For underground storage tank systems that, on October 26, 1993, have been upgraded pursuant to part 211 and the rules promulgated under that part:
(i) Claims submitted through December 31, 1995 $1,000,000.00 (ii) Claims submitted from January 1, 1996 to December 31, 1996 $ 800,000.00 (iii) Claims submitted from January 1, 1997 to December 31, 1997 $ 600,000.00 (iv) Claims submitted from January 1, 1998 to December 22, 1998 $ 400,000.00(b) For underground storage tank systems that, on October 26, 1993, have not been upgraded pursuant to part 211 and the rules promulgated under that part:
(i) Claims submitted through December 31, 1996 $1,000,000.00 (ii) Claims submitted from January 1, 1997 through December 31, 1997 $ 800,000.00 (iii) Claims submitted from January 1, 1998 through December 22, 1998 $ 600,000.00(2) Beginning December 23, 1998, the fund will not be available to provide any portion of an owner's or operator's financial responsibility requirements.
(3) The approved expenditure under subsection (1) shall be reduced by the amount of the interest subsidy paid to an owner or operator who has defaulted on a loan subsidized through the interest subsidy program established in this section.
(4) If, upon review of the study conducted under section 21547, the director, in consultation with the insurance commissioner, determines that insurance is not available to meet the owner's and operator's portion of financial responsibility requirements, or that the insurance that is available is not available for a reasonable cost, then the director may delay implementation of the schedule provided in subsection (1). Upon making such a determination, the department shall publish notice of the revised schedule. However, the revised implementation schedule shall not require the fund to provide any portion of an owner's or operator's financial responsibility requirements after December 22, 1998.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 12, Imd. Eff. Mar. 31, 1995
Popular Name: Act 451
Popular Name: NREPA