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118.01.1-12.303. Trust Fund Coverage for a Release

AR ADC 118.01.1-12.303Arkansas Administrative CodeEffective: December 25, 2021

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 12. Storage Tanks
Chapter 3. Petroleum Storage Tank Trust Fund Corrective Action Reimbursement Procedures
Effective: December 25, 2021
Ark. Admin. Code 118.01.1-12.303
Formerly cited as AR ADC 014.07.1-12.303
118.01.1-12.303. Trust Fund Coverage for a Release
(A) For an owner or operator to obtain any coverage by the trust fund for corrective action necessary to address an accidental release, all of the following requirements must be met:
(1) At the time of the discovery of the release, the owner or operator must have met each of the requirements for trust fund eligibility as set forth in Rule 12.302(D);
(2) The release must have occurred after February 22, 1989;
(3) The Division must have been given timely notice of the release as required by Rule 12.305;
(4) The owner or operator must cooperate fully with the Division in conducting corrective action to address the release; and
(5) The owner or operator must have expended seven thousand five hundred dollars ($7,500) in reasonable, allowable, and necessary corrective action costs for the occurrence.
(B) Upon request by the Division, the owner or operator shall submit proof of compliance with the requirements for trust fund coverage.

Credits

Amended Dec. 28, 2009; Aug. 2, 2014; Sept. 8, 2018; Dec. 25, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.1-12.303, AR ADC 118.01.1-12.303
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