Sec. 26.10.14.08. Reimbursement Approval

A. The Department shall approve qualifying applications for reimbursement allocations under the Fund that meet the environmental and public health criteria in §B of this regulation.

B. Criteria.

(1) Applications for sites presenting an immediate or substantial threat to human health or the environment, as determined by the Department, may be approved.

(2) Sites presenting the threat referred to in §B(1) of this regulation include, but are not limited to, sites located:

(a) Within 1/2 mile of an individual water supply system;

(b) Within 1 mile or within an approved wellhead protection zone of a community water supply system;

(c) Within 200 feet of an underground utility or surface water body and if there is or has been at least 1/8 inch of free phase oil on the ground water at the site; or

(d) Within a zone that will create an odor of a petroleum product within a dwelling.

(3) Applications shall be assigned a numerical rank based on the date the complete application was received by the Department, so that the earliest complete application receives the highest rank.

(4) If the Department determines an application is not eligible under the provisions of this chapter, the application shall be returned to the applicant.

C. Subject to the availability of revenues within the Fund, the Department shall approve reimbursement allocations for approved applications in order of their numerical ranking.

D. A separate numerical ranking as described in §B(3) of this regulation shall be maintained for residential heating oil tank applications.

E. An applicant may submit to the Department, and the Department shall approve, not more than the following number of applications for separate sites owned or operated by the same person or persons:

(1) One per State fiscal year for an owner or operator of an underground storage tank or an owner of a residential heating oil tank; and

(2) One for the entire period of home ownership for the owner of a residential heating oil tank.

F. If the Department determines that an application is ineligible under this chapter, the applicant may submit an application for another site for consideration within that State fiscal year.