Sec. 26.10.14.02. Exclusions

This chapter does not provide reimbursements for:

A. Environmental cleanup costs incurred before October 1, 1993;

B. Environmental cleanup costs for heating oil tanks incurred before October 1, 2000;

C. Environmental cleanup costs that result from the spill or discharge of oil not originating from a registered underground oil storage tank system or a heating oil tank;

D. Costs resulting from underground storage tank or heating oil tank system removals, upgrades, or replacements unless a residential heating oil tank removal is necessary to accomplish soil treatment;

E. A third-party claim;

F. Environmental cleanup costs that have been paid or are payable under an insurance policy, except that, if otherwise allowable under this chapter:

(1) Environmental cleanup costs paid by the applicant to satisfy the deductible in an insurance policy are not excluded, and

(2) Environmental cleanup costs paid by the applicant's insurer may be submitted to the Department to satisfy the applicant's occurrence deductible set forth in Regulation .07 of this chapter;

G. Underground storage systems owned by:

(1) State;

(2) County;

(3) Municipal corporation; or

(4) Local education agency;

H. An underground storage system installed under Subtitle I of the federal Resource Conservation and Recovery Act; or

I. Owners or operators of underground storage tanks that on December 22, 1998, were not in compliance with the requirements of Subtitle I of the federal Resource Conservation Recovery Act.