18 AAC 78.515. Tank cleanup grant program eligibility requirements

(a) The owner or operator of a UST who applies to the department for a grant or loan under AS 46.03.420 shall meet the requirements of this section.

(b) To be eligible for a grant or loan under this section, the

(1) release must have occurred before December 22, 1993;

(2) owner or operator must have complied with the applicable requirements of 18 AAC 78.508 and AS 46.03.420 , except as provided in sec. 3, ch. 107, SLA 1994;

(3) costs must be, or must have been, incurred on or after September 5, 1990; and

(4) owner or operator must have reported a release, if any, of petroleum from the UST that is the subject of the application as required by state or federal law applicable at the time the owner or operator first suspected the release.

(1) engineering or hydrogeologic investigations;

(2) preparation of reports, designs, price quotations, schedules, budgets, or plans;

(3) initial abatement, containment, release investigations, and risk assessment, including costs incurred during a site characterization and assessment conducted under 18 AAC 78.090 after contamination has been detected;

(4) contracted labor or equipment charges;

(5) testing of soil or water samples;

(6) corrective action, including treatment and disposal of contaminated soils, liquids, sludges, and substandard USTs;

(7) costs described in 18 AAC 78.514(a) (9).

(d) The department will determine a request's eligibility for a grant or loan under this section after the owner or operator complies with 18 AAC 78.508.

(e) A grant for risk assessment, containment, corrective action, and cleanup of petroleum is limited to the maximum amounts authorized by AS 46.03.420 (b) and (e).

(f) A loan made under AS 46.03.420 (b) for risk assessment, containment, corrective action, and cleanup of petroleum

(1) is limited to the maximum amounts authorized by AS 46.03.420 (b);

(2) will be made at no interest;

(3) must be repaid in accordance with a schedule agreed upon by the parties; the schedule may not exceed five years from the date of the loan agreement; and

(4) must, if required by the department, be secured by a lien or by collateral equal to the value of the loan;

(5) repealed 4/16/2000.

(g) A loan under AS 46.03.420 (b) is subject to a late payment penalty of five percent of the payment due if the payment is more than 15 days late.

History: Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 1/6/93, Register 125; am 1/27/94, Register 129; am 6/23/94, Register 130; am 11/3/95, Register 136; am 1/22/99, Register 149; am 4/16/2000, Register 154

Authority: AS 46.03.020

Sec. 3, ch. 107,

SLA 1994

Sec. 16, ch. 70,

SLA 1999

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