Section 12 032 003 - SUBCHAPTER 8 - UNDERGROUND STORAGE TANK INCENTIVE PROGRAMSection 801 Purpose Pursuant to the authority granted to the Secretary by 10 V.S.A. Chapter 59 subchapter 2, and in accordance with Section 7 of No. 85 of the Acts of 1987, the purpose of this regulation is to provide financial assistance to owners in replacing under-ground storage tanks in accordance with all of the definitions, terms and provisions of Chapter 59, subchapter 1, known as the Underground Storage Tank Regulation.
Section 802 Applicability (1) The owner of any retail gasoline outlet that sells less than an average of 20,000 gallons of gasoline per month (240,000 gallons per year) or a municipality with a population of less than 2,500 people, may apply to the Secretary for such assistance. Owners of eligible retail gasoline outlets may apply even if they do not own the underground storage tanks to be replaced.(2) Projects begun after July 1, 1987 and before the effective date of this regulation may be eligible for assistance under this subchapter provided the Secretary is furnished with proof necessary to ensure that the project is completed in accordance with all of the requirements of this regulation as adopted.Section 803 Financial Awards (1) Assistance may be in the form of grants of up to $ 5,000 per project, or installation costs in excess of the cost of complying with the requirements of Section 606 of the Under-ground Storage Tank Regulation, whichever is less. The Secretary shall establish and update as necessary, a list of the fair market values of pertinent UST system components and their respective costs eligible for grant monies. Eligible material costs are: (a) the differential between a cathodically protected single-wall tank and a cathodically protected double-wall tank, regardless of size;(b) cathodic protection of steel or iron piping, or the cost of non-corrosive flex connectors if fiberglass piping is used;(c) an automated in-tank monitoring system;(d) external observation wells used for groundwater or vapor monitoring when approved by the Secretary;(e) redundant overfill protection;(g) other leak prevention or leak detection technologies as deemed necessary by the Secretary to achieve the purpose of this chapter.Section 804 Application (1) Application for financial assistance shall be made on forms provided by the Secretary and shall include the following information: (a) the name and address of the applicant and the tank owner (if different);(b) certification of tank ownership by the tank owner;(c) the name, location, mailing address and phone number of the business or municipality;(d) the total estimated cost of project replacement as calculated in accordance with section 803(1);(e) the amount of assistance sought;(f) the estimated age of all tanks at the location, including a replacement schedule for any tank(s) not being replaced;(g) the proximity of project location relative to to any public or private water supplies;(h) such other information and assurances as the Secretary may require.(2) In addition to the information in Section 804(1), applications submitted by the owner of a retail gasoline outlet shall also include the following: (a) the monthly volume of gasoline sales for the previous 12 months;(b) the number of retail gasoline outlets within a five (5) mile radius of the subject facility;(c) A written statement signed by the tank owner showing the extent to which continued retail gasoline service is predicated on financial assistance. This statement may include financial records or other supporting documentation as needed by the Secretary for the purpose of assessing financial need.(3) In addition to the information in Section 804(1), applications submitted by a municipality shall also include the most recent population estimate.Section 805 Review Procedures(1) Upon finding that an application is complete and in conformance with these regulations, the Secretary shall assign it a priority for funding. Highest priority will be assigned to known or suspected leaking tanks, tanks located in close proximity to public water supplies, and in the case of gasoline stations, where owners can demonstrate a clear financial need. (a) For retail gasoline outlets, priority shall also be based on the scarcity of retail gasoline outlets within a five (5) mile radius.(2) Final priority for assistance shall be determined by the Secretary taking into account the factors in Section 805(1), and other factors deemed necessary in order to achieve the purpose of this chapter.(3) As of the effective date of these rules, the Secretary shall make a decision to approve or deny funding within thirty (30) days of receipt of a completed application. Applicants will be notified of this decision in writing.(4) Applicants may appeal any decision of the Secretary to the Vermont Water Resources Board within 30 days, as provided in 10 V.S.A. Chapter 1933 of this chapter.12-003 Code Vt. R. 12-032-003-X
Effective Date: December 8, 1987 (SOS Rule Log #87-73) Statutory Authority: 10 V.S.A. C. 59