Code of Massachusetts Regulations 503 CMR - UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND ADMINISTRATIVE REVIEW BOARD

Here's a detailed overview of 503 CMR—the regulations governing the Underground Storage Tank Petroleum Product Cleanup Fund and the Administrative Review Board (ARB):

🗂 503 CMR 2.00 – UST Cleanup Fund Rules

This core section implements M.G.L. c. 21J, establishing the CMR framework for fund eligibility, reimbursement, claims, fees, and administrative procedures (mass.gov).

✅ Key Provisions:

Eligibility & Claims Process

Fund covers costs from releases post-April 1, 1991; owners/operators must be fee-compliant and have a Certificate of Compliance (COC) (mass.gov).

After a release, eligible parties apply online (eUST) for COC → Eligibility → Reimbursement (within regulatory time limits) (mass.gov).

Reimbursable Costs

Only reasonable, appropriate costs above deductible limits qualify. Response actions must comply with bidding rules and a predefined fee schedule (regulations.justia.com).

Claim & Appeal

Claimants can request reconsideration within 60 days of denial or other Board decisions (regulations.justia.com).

🧑‍⚖️ Administrative Review Board (via M.G.L. c. 21J § 8)

Composition & Authority

Chaired by the DOR commissioner (or designee), includes representatives from DEP, Fire Marshal, industry, insurance, finance, and environmental nonprofits (law.justia.com).

Board promulgates rules for fund administration, fee structures, notification, reimbursement processes, fraud prevention, and record-keeping (law.justia.com).

🏦 503 CMR 3.00 & 4.00 – Grants & Fee Collection

Per Mass.gov listing, other parts include:

3.00 – Grant programs for municipalities (e.g., site remediations) (mass.gov).

4.00 – Implementation of fund-related fees (e.g., delivery fees) .

📄 M.G.L. c. 21J – Legal Foundation

This statutory chapter outlines fund purposes, eligible uses, administrative powers, reimbursement limits, and penalties (law.justia.com).

Highlights include:

Fund reimburses environmental cleanup costs and third-party damages.

Appropriations define administrative spending caps and grant authority.

🔍 Quick Reference Table

Section

Title / Focus

503 CMR 2.00

Eligibility, COC, reimbursement, appeals, procedures

503 CMR 3.00

Grants for municipalities under UST fund

503 CMR 4.00

Fee implementation & delivery fee rules

M.G.L. c. 21J § 8

Establishment of ARB, board composition, rulemaking power

📥 Access & Downloads

503 CMR 2.00 PDF available via Trial Court Law Libraries on Mass.gov (mass.gov, mass.gov).

503 CMR compilations (parts 1, 2, 3, 4) printable from the State Bookstore .

 

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