LegalFix

Section 9 - Eligibility for Reimbursement From Fund

MA Gen L ch 21j § 9 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Section 9. In order to be eligible for reimbursement from the fund an owner or operator described in section four must comply with the following:—

(a) An owner or operator must have completed, as the case may be, all underground storage tank or underground storage tank system registration requirements as set forth in section 9002 of the Resource Conservation and Recovery Act of nineteen hundred and seventy-six as well as with all federal or state regulatory requirements relating to the registration of underground storage tanks or underground storage tank system;

(b) be in full compliance with all regulatory requirements imposed upon an owner or operator, as the case may be, of an underground storage tank or underground storage tank system, which requirements relate to the maintenance and operation of the underground storage tanks or underground storage tank system and with all regulatory requirements related to the construction and installation of such underground storage tank or underground storage tank system, provided such requirements applied to such owner or operator at the time such underground storage tank or underground storage tank system was constructed or installed;

(c) have incurred a cost, expense, or obligation, whether for cleanup or related matters or for claims of third parties resulting from a release of a petroleum product from an underground storage tank or underground storage tank system; and

(d) in the case of claims for bodily injury, property damage, or damage to natural resources, the owner or operator submitting the claim shall have obtained a final judgement from a court of competent jurisdiction, all rights of appeal being exhausted, waived, or expired, that the bodily injury, property damage, or damage to natural resources was a result of a release of a petroleum product from the underground storage tank or underground storage tank system.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 9 - Eligibility for Reimbursement From Fund