94- 457 C.M.R. ch. 321, § 4

Current through 2024-46, November 13, 2024
Section 457-321-4 - Eligibility
A. To be eligible for financial assistance under the Program, recipients must be persons that contributed waste motor oil to a waste motor oil disposal site and have been designated by the DEP or the EPA as responsible parties with respect to the waste motor oil disposal site and be one of the following:
1. Responsible parties that the DEP or EPA determines are insolvent, unlocated or defunct;
2. Responsible parties that the DEP or EPA determines have a limited ability to pay;
3. Responsible parties that the DEP or EPA determines are responsible for 110 gallons or less of waste motor oil at a waste motor oil disposal site;
4. The State and any agencies, authorities, departments, boards, commissions or instrumentalities of the State or political subdivisions of the State;
5. All franchised new car and truck dealers licensed pursuant to 29-A M.R.S.A., chapter 9, subchapter 3 or the successors in interest of any such franchised new car or truck dealers. The Secretary of State shall certify to the Authority those responsible parties that were licensed pursuant to 29-A M.R.S.A., chapter 9, subchapter 3;
6. All used car and truck dealers licensed in accordance with 29-A M.R.S.A., chapter 9, subchapter 3 or the successors in interest of any such used car and truck dealers. The Secretary of State shall certify to the Authority those responsible parties that were licensed pursuant to 29-A M.R.S.A., chapter 9, subchapter 3;
7. A person or its successor in interest that performed repairs at repair facilities located in the State on motor vehicles that are owned by third parties; is identified by the PRP group at the waste oil disposal site as qualified under this subsection; and certifies to the Authority under oath and subject to the provisions of 17-A M.R.S.A. Section451 that it is qualified under this subsection;
8. Any person or its successor in interest that performed repairs on its own fleet of motor vehicles is identified by the PRP group at the waste motor oil disposal site as qualified under this subsection and certifies to the Authority under oath and subject to the provision of 17-A M.R.S.A. Section451 that it is qualified under this subsection. The motor vehicles at all pertinent times must have been registered, garaged and serviced in the State; or
9. Any person or its successor in interest that performed repairs, at repair facilities located in the State, on special equipment or special mobile equipment, as defined in 29-A M.R.S.A. Section101, subsections 69 and 70, is identified by the PRP group at the waste motor oil disposal site as qualified under this subsection and certifies to the Authority under oath and subject to the provision of 17-A M.R.S.A. Section451 that it is qualified under this subsection.
B. The United States of America and its agencies, authorities, departments, boards, commission and instrumentalities are not eligible to have any share of any of their obligation for response costs covered by revenue obligation securities pursuant to the Program.

94- 457 C.M.R. ch. 321, § 4