SB 295: "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date."
00SENATE BILL NO. 295 01 "An Act relating to financial assistance for certain owners or operators of 02 underground petroleum storage tank systems; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.03.360(f) is amended to read: 05 (f) If the department determines that an owner or operator is not eligible for 06 assistance under AS 46.03.410 - 46.03.430 or that a cost is not eligible under 07 AS 46.03.415 - 46.30.430 and the affected owner or operator disputes that 08 determination, or if an owner or operator disputes the ranking assigned to a request for 09 assistance under AS 46.03.420, the owner or operator may apply to the board for 10 resolution of the dispute. The board may issue a decision in a dispute brought to it 11 under this subsection. The decision is binding on the owner, operator, and department. 12 * Sec. 2. EXTENDED APPLICATION PERIOD FOR FINANCIAL ASSISTANCE 13 RELATING TO UNDERGROUND STORAGE TANK SYSTEMS. (a) Notwithstanding 14 AS 46.03.420, the owner or operator of an underground petroleum storage tank system, other
01 than the state or federal government, may apply for grants and loans under AS 46.03.420 if 02 (1) before July 1, 1994, the owner or operator applied under AS 46.03.430 for 03 a grant for upgrading or closure of an underground petroleum storage tank; 04 (2) while the person's grant application under AS 46.03.430 was pending or 05 while closure or upgrading was taking place under an approved grant, contamination from the 06 tank was discovered that the department determines was not reasonably obvious before 07 December 22, 1993; and 08 (3) the owner or operator reported the contamination to the department in 09 compliance with state and federal law before July 1, 1996; for purposes of this section, the 10 time deadline of AS 46.03.420(c)(1)(A) does not apply. 11 (b) Except as provided in (a) of this section, an applicant who applies under this 12 section for assistance under AS 46.03.420 must comply with all of the requirements of 13 AS 46.03.420, including the requirement to demonstrate that the release occurred before 14 December 22, 1993. 15 (c) A determination by the Department of Environmental Conservation relating to an 16 application authorized under this section is subject to the same dispute resolution procedures 17 under AS 46.03.360(f) that other applications for assistance under AS 46.03.410 - 46.03.430 18 are subject to. 19 * Sec. 3. This Act takes effect July 1, 1994.