1. A. Reimbursement Allocation.

   1. (1) The Department shall make a reimbursement allocation in accordance with:

      1. (a) A complete application received and approved by the Department;
      2. (b) The numerical ranking assigned to an approved application in accordance with Regulation .07A of this chapter;
      3. (c) The reimbursement limit and deductible requirements established in Regulation .08 of this chapter; and
      4. (d) The availability of revenues within the Fund.
   2. (2) Upon the approval of a complete application, the Department shall reserve a reimbursement allocation within the Fund in accordance with §A of this regulation to pay for a reimbursement of site rehabilitation costs that are otherwise eligible under this chapter.

2. B. Payment of an Approved Reimbursement.

   1. (1) Subject to §B(2) and (3) of this regulation, the Department may issue a reimbursement payment to a residential owner for eligible site rehabilitation costs from allocated funds.
   2. (2) In order to issue a reimbursement payment from allocated funds, the Department may request that a residential owner provide a recent W-9 Identification Number and Certification Form from the federal Department of the Treasury, Internal Revenue Service.

   3. (3) The Department reserves the right to deny a reimbursement payment in whole or in part if the Department determines that:

      1. (a) A residential owner is disregarding or has disregarded the oil pollution control and abatement requirements under Environment Article, §4-401 et seq., Annotated Code of Maryland;
      2. (b) The reimbursement has been or is being used, or site rehabilitation work has been or is being conducted, in a manner inconsistent with the goals of the site rehabilitation;
      3. (c) The residential owner is not proceeding with the site rehabilitation or has abandoned the site;
      4. (d) The residential owner is not in compliance with all Maryland laws and regulations applicable to oil and residential heating oil tank systems;
      5. (e) The residential owner has not submitted any eligible site rehabilitation costs and supporting documentation of those costs within 6 months of completing the site rehabilitation, unless extended in writing by the Department; or
      6. (f) Any other good cause exists for denying a reimbursement payment, as determined by the Department.
3. C. Any reimbursement allocation left unpaid will be released for other Fund uses.

Authority: Environment Article, §§4-401, 4-402, 4-405, 4-407—4-411.2, 4-415, 4-415.1, and 4-701 et seq., Annotated Code of Maryland

Effective date:

Regulations .01—.11 adopted as an emergency provision effective November 18, 1993 (20:25 Md. R. 1937); adopted permanently effective May 19, 1994 (21:9 Md. R. 753)

Chapter revised effective February 24, 1997 (24:4 Md. R. 295)

Chapter revised effective July 23, 2001 (28:14 Md. R. 1324)

Regulation .02D amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 621)

Regulation .04C amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .05E amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .05F adopted effective January 16, 2006 (33:1 Md. R. 40)

Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 25)

Regulation .06 amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .07 amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .09C amended effective January 16, 2006 (33:1 Md. R. 40)

Regulation .10A amended effective January 16, 2006 (33:1 Md. R. 40)

Regulations .01—.11 repealed and new Regulations .01—.10 adopted effective June 13, 2022 (49:12 Md. R. 642)