Md. Code Regs. 26.10.14.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.14.06 - Application Requirements

A. A residential owner of a residential heating oil tank system may apply to the Department for reimbursement from the Fund:

(1) Until the date established by Environment Article, § 4-705(b), Annotated Code of Maryland;

(2) Not later than 6 months after the completion of site rehabilitation;

(3) Only for eligible site rehabilitation costs listed in Regulation .05 of this chapter that were incurred on or after October 1, 2000;

(4) Once for the entire period of ownership of the single-family residential property where the residential heating oil tank system is located; and

(5) Once per State fiscal year if the residential heating oil tank system is not located at the primary residence of the residential owner.

B. A residential owner applying for reimbursement from the Fund shall submit to the Department:

(1) A complete and accurate application on a form supplied by the Department;

(2) A current W-9 Identification Number and Certification Form from the federal Department of the Treasury, Internal Revenue Service;

(3) On a form supplied by the Department, a description of the incurred site rehabilitation costs eligible for reimbursement under Regulation .05 of this chapter, including copies of actual invoices and other proofs of payment for site rehabilitation costs; and

(4) If submitting an application on or after July 1, 2022, a copy of:

(a) The online SDAT property database's search results page for the site; or

(b) The most recent property tax assessment notice mailed to the residential owner of the site by the Supervisor in accordance with TaxProperty Article, § 8-401, Annotated Code of Maryland.

C. A residential owner may submit to the Department additional eligible site rehabilitation costs with the supporting documentation required under §B(3) of this regulation:

(1) Following the approval of the application by the Department; and

(2) Not later than 6 months after the completion of site rehabilitation.

D. To be eligible for reimbursement from the Fund, a residential owner shall:

(1) Certify to the Department that the spill, release, or discharge of oil resulted from a residential heating oil tank system;

(2) Submit to the Department for its approval:

(a) A corrective action plan;

(b) An implementation schedule;

(c) A cost estimate; and

(d) An estimated completion date;

(3) Certify to the Department that the spill, release, or discharge of oil is not the result of a willful or deliberate act;

(4) As determined by the Department, be in substantial compliance with the applicable requirements under Environment Article, § 4-420, Annotated Code of Maryland, COMAR 26.10, and all Maryland laws and regulations applicable to residential heating oil tank systems; and

(5) Certify to the Department that the site rehabilitation costs submitted for reimbursement are:

(a) True and eligible for reimbursement under Regulation .05 of this chapter;

(b) Necessary to complete site rehabilitation; and

(c) Not excluded under Regulation .02 of this chapter.

E. The filing of an application for reimbursement does not relieve the residential owner or any other person from the requirement to take prompt site rehabilitation action as required by law or regulation.

F. If an applicant knowingly submits a false certification of satisfying the eligibility requirements under §D of this regulation, the residential owner is not eligible for reimbursement.

Md. Code Regs. 26.10.14.06

Regulations .06 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)
Regulation .06 amended effective January 16, 2006 (33:1 Md. R. 40); adopted effective 49:12 Md. R. 642, eff. 6/13/2022