FREQUENTLY ASKED QUESTIONS   Where can I view the Addendum to the Certificate of Coverage?   Click here to view the 2024 Addendum to the Certificate of Coverage Click here to view the 2023 Addendum to the Certificate of Coverage   What information does the Board need to document the transfer of ownership of USTs?   When ownership of an underground storage tank is transferred, the owner or operator must notify the director within 30 days of the date of the transfer by mailing or emailing a completed Transfer of Ownership Form with a copy of executed sales documentation (Bill of Sale, Deed Transfer, etc.). For ownership transfers of underground storage tanks that do not also include the sale of real estate, a copy of sales documentation (Asset Purchase Agreement, Bill of Sale, etc.) is required.   When UST ownership is transferred, will coverage transfer to the new owner and can the deductible be changed? Yes, coverage does transfer. Effective June 30, 2006, the new owner is required to pay a $500 transfer fee per facility; pay all outstanding prior year per-tank late payment fees, and collection costs if any; complete a statement of financial responsibility; and certify that the tanks are in compliance with BUSTR rules.   If the current coverage is at the reduced deductible ($11,000), it will transfer to the new owner provided the new owner owns six or fewer USTs. If the new owner owns seven or more USTs, the coverage will transfer at the standard deductible of $55,000 since the reduced deductible is only available to owners of six or fewer USTs. If the current coverage is at the standard deductible and the new owner owns six or fewer USTs, the reduced deductible may be obtained by completing the items listed above and paying the full per-tank fees at the rate for the reduced deductible.   Click here for more information concerning ownership transfers and transferring a Certificate of Coverage. What information does the Board need to document the installation of USTs at a facility?   When installing petroleum underground storage tanks at a new or existing facility, owners must immediately notify the Board when a regulated petroleum product is introduced into the UST by mailing or emailing a completed Tank Installation/Removal Notification Form. Coverage with the Fund will be effective when full payment and a completed Application for Certificate of Coverage/Annual Fee Assessment Statement are received and accepted by this office.   At the responsible person’s option, coverage with the Fund can be effective at the time a regulated petroleum product is first introduced into the UST by mailing or emailing a completed Tank Installation/Removal Notification Form before introducing a regulated petroleum product into the USTs. Upon receipt, an Application for Certificate of Coverage/Annual Fee Assessment Statement will be mailed to the responsible person to assist with remitting the annual per-tank fees, if applicable. If full payment and the completed Application are received by this office before product is introduced into the USTs, the effective date of coverage with the Fund will be the date product is first introduced into the USTs.   What information does the Board need to document the removal of USTs from a facility?   When removing an underground storage tank, the owner or operator must notify the Board in writing by mailing or emailing  a completed Tank Installation/Removal Notification Form, a copy of the narrative portion of the closure report, or a copy of the Removal Field Inspection Report.   If USTs are removed and new USTs are installed at a facility, will coverage transfer?   No. Effective January 11, 2024, a new Certificate of Coverage must be obtained for any USTs installed at the facility by submitting a new Application for Certificate of Coverage along with payment of the annual fee for each tank installed. The owner may notify the Board of any UST removal or installation by mailing or emailing a copy of the Tank Installation/Removal Notification Form.   If tanks are removed or installed during the year, are fees pro-rated?   No, fees are assessed annually and are required for all petroleum storage tanks under ground at any time between July 1 and June 30.   If tanks were removed by June 30, but the clean-up is not yet complete, do I still owe the annual fees? No, fees are not required to be paid if the tanks were removed prior to July 1.   What resources are available for owners with limited funds?   The Linked Deposit Program makes available lower interest funds for the replacement and upgrade of tanks and tank systems.  A tank owner with an approved Hardship Status is granted the benefit of an expedited claim review.  A tank owner may contract with a consultant who is willing to accept a Direct Payment.    I am considering purchasing property with ongoing remediation, and under the purchase agreement it is agreed that I will be continuing the clean-up. How do I get reimbursed?   The original tank owner, the one to whom the eligibility was granted, retains the responsibility for the remediation activities and costs. However, if both parties agree that the purchaser will pay for the corrective actions costs, a Direct Pay Agreement can be executed and any reimbursement of eligible corrective action costs will be made directly to the purchaser.  In addition, a  new property owner can file claim reimbursement applications, cost pre-approval applications, certification affidavits, and direct payment authorizations through the execution of a Limited Power of Attorney for Signature Delegation.   I received two eligibility determinations, each with an $11,000 deductible. Does that mean I have to spend $22,000 before I get any reimbursement?   Not necessarily. As long as one of the releases has met the deductible, reimbursement can be made for that release. For example, there are three gasoline tanks in one excavation and a waste oil tank in another separate excavation. If the reimbursable corrective action costs for the gasoline tank release totals $15,000, then a reimbursement of $4,000 can be made. Meanwhile, if the reimbursable costs attributed to the waste oil tank release total only $2,000, this amount will simply be applied toward the separate $11,000 deductible and no reimbursement can be made for that release.   Are canceled checks the only method to demonstrate proof of payment?   Canceled checks are the most desired method of documentation. The majority of tank owners are able to provide copies of canceled checks to demonstrate payments made for corrective actions. However, as a last resort, affidavits are available when canceled checks are not readily obtainable. This option, however, is subject to the Director’s approval.   What documentation is required in a claim application?   To be considered for reimbursement, all corrective action costs must be submitted with a completed Claim Reimbursement Application available at www.petroboard.org/Pdfs/ClaimApplication.pdf. In addition, all costs must be documented by canceled checks and invoices. If a consultant/contractor used a subcontractor (such as a lab, driller, soil hauler, disposal facility, backfill supplier, etc.) for any of the corrective action work, the subcontractor invoice(s) must be included with the claim application. Invoices should be broken down on a time and material basis as much as possible. If you have any questions regarding claim documentation, please contact the Board’s staff.   I received my NFA, but my contractor charged me for well abandonment after the NFA date. Are those costs reimbursable?   Yes, the typical costs for well abandonment are reimbursable. A claim that includes the well abandonment costs must be received by the Board within one year from the date BUSTR issues a determination of No Further Action.   What costs are subject to the Board’s mandatory pre-approval? Will the Board reimburse any of these costs if they were not submitted for pre-approval as required?   Effective January 1, 2019, estimated cost and completion schedules for corrective action activities associated with the following must be submitted for cost pre-approval at the same time they are required to be submitted to BUSTR: Interim Response Actions requiring BUSTR approval Remedial Action Plans (RAPs) When the estimated costs exceed $6,000 for: ◦  Tier 3 Evaluation Plans ◦  Plans to calibrate or disprove the fate and transport model ◦   Monitoring Plans associated with tier evaluation reports Free Product (FP) Monitoring Plans in conjunction with a Tier 2 Evaluation report Free product recovery (FPR) evaluations if recovery continues beyond one year   After initial pre-approval of the estimated costs is granted, responsible persons must annually submit pre-approval applications to the Board’s Director for costs associated with RAP, FP monitoring and FPR activities, unless allowed otherwise by the Director.   In addition, a revised estimated cost and completion schedule is required to be submitted if during implementation of the corrective action activities for which cost pre-approval: has been granted, the actual costs are anticipated to exceed the lesser of $6,000 or 20% of the pre-approved amount; or was not sought because the estimated costs did not exceed $6,000, but the actual costs will exceed $6,000.    Pursuant to rule 3737-1-09(A)(13), failure to seek cost pre-approval when required will limit reimbursement to 50% of the usual, customary and reasonable costs of the least expensive alternative for similar corrective action activities as determined from the Fund’s experience.