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(a) The owner or operator of a UST may apply to the department for an emergency grant or loan if the owner or operator needs financial assistance in meeting the requirements of 18 AAC 78.200 - 18 AAC 78.280.
(b) The department will consult with the board in reviewing a request for an emergency grant. The department will review each request received under this section on a case-by-case basis.
(c) After review of a completed application, the department will award an emergency grant on a first-come, first-served basis if money is available from the reserves established under 18 AAC 78.535(b) (5).
(d) An emergency grant or loan may not exceed the financial assistance limits in AS 46.03.420 (b) and (e) and AS 46.03.422 (g).
(e) Repealed 4/16/2000.
(f) Subject to the limits in AS 46.03.420 (b) and (e) and AS 46.03.422 (g), owner or operator with additional costs not paid or allowed through an emergency grant or loan may apply for a grant or loan under 18 AAC 78.515 or 18 AAC 78.521.
(g) The owner or operator is eligible for an emergency grant or loan for release investigation, initial abatement, and containment if the leak, overfill, or other petroleum release from the UST poses an imminent public health threat. The imminence of the public health threat must be demonstrated by the owner or operator to the department's satisfaction.
(h) The owner or operator that applies for an emergency grant or loan must meet the requirements of 18 AAC 78.515 in addition to the requirements of this section, and must comply with state and federal law.
(i) The department will base its decision to grant or deny an application under this section, in part, on a demonstration to the department's satisfaction that the owner or operator is unable to pay costs incurred, or to be incurred, for actions required by 18 AAC 78.200 - 18 AAC 78.280. Denial of an emergency grant or loan for reasons related to an inability to pay incurred costs does not affect eligibility for other financial assistance under this chapter.
History: Eff. 1/27/94, Register 129; am 6/23/94, Register 130; am 11/3/95, Register 136; am 4/16/2000, Register 154
Authority: AS 46.03.020
Sec. 16, ch. 70,
SLA 1999
Editor's note: The substance of this section was formerly designated as 18 AAC 78.517.
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Last modified 7/05/2006