1. (a) Eligibility of claimants. To be eligible for Fund coverage, the participant shall, under section 706 of the act (35 P.S. § 6021.706), regarding eligibility of claimants, meet the following requirements:

   1. (1) The claimant is the owner, operator or certified tank installer of the UST or HOT which is the subject of the claim.
   2. (2) Fees required under Subchapter B (relating to fees and collection procedures) for every UST or HOT located at the site where the release occurred are paid prior to the time that the release giving rise to the claim is discovered.
   3. (3) Registration and annual registration fees required under § § 245.41 and 245.42 (relating to tank registration requirements; and tank registration fees) for USTs located at the site where the release occurred are current and paid on or before 60 days of when the release giving rise to the claim is discovered.
   4. (4) The participant received the appropriate permit or certification, if required under sections 108, 501 and 504 of the act (35 P.S. § § 6021.108, 6021.501 and 6021.504), pertaining to interim certification of installers and inspectors, UST requirements and permits and plans, prior to the time that the release giving rise to the claim is discovered.
   5. (5) The release that is the subject of the claim occurred after the date established by the Board for payment of the fee required by section 705(d) of the act (35 P.S. § 6021.705(d)), regarding fees.
   6. (6) The participant cooperates, as defined in § 977.32 (relating to participant cooperation), with the Fund in its eligibility determination process, claims investigation, the defense of any suit, the pursuit of a subrogation action and other matters as requested.
   7. (7) The participant met the notification requirements of § 977.34 (relating to claims reporting).
   8. (8) If the claimant is a certified company, the company conducted a tank-handling activity on a UST or a HOT from which the release occurred.
2. (b) Definition. For purposes of this section, the term ‘‘site’’ means a storage tank facility as defined in § 245.1 (relating to definitions) that includes one or more USTs or HOTs.

Authority

The provisions of this § 977.31 amended under section 705(d) and (f)(2) of the Storage Tank and Spill Prevention Act (35 P.S. § 6021.705(d) and (f)(2)).

Source

The provisions of this § 977.31 amended January 16, 2026, effective January 17, 2026, 56 Pa.B. 363. Immediately preceding text appears at serial pages (285936) and (294815).

Cross References

This section cited in 25 Pa. Code § 977.22 (relating to fee dispute procedures); and 25 Pa. Code § 977.52 (relating to coverage period).