| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 38 MRSA §568-A, sub-§1, ķA, as amended by PL 1995, c. 361, §4, | is further amended to read: |
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| A. The applicant must submit within 180 days of reporting | the discharge a written request to the commissioner to be | covered by the fund. The request must include: |
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| (1) A description of the discharge and the locations | threatened or affected by the discharge, to the extent | known; |
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| (2) An agreement that the applicant shall will pay the | deductible amount specified in subsection 2; |
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| (3) For underground storage facilities, documentation | regarding the applicant's compliance with the | requirements of subsection 2, paragraph B; and |
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| (4) For aboveground facilities, documentation required | by the Fund Insurance Review Board. |
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| The commissioner with respect to a claim involving an | underground oil storage facility, or the State Fire Marshal | with respect to a claim involving an aboveground oil storage | facility, may waive the 180-day filing requirement for | applicants for coverage of clean-up costs for discharges | discovered after April 1, 1990 when the applicant has | cooperated in a timely manner with the department in | cleaning up the discharge. |
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| | Sec. 2. 38 MRSA §568-A, sub-§1, ķI is enacted to read: |
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| I.__An applicant is not eligible for coverage of costs | recovered by settlement with or judgment against another | responsible party, the responsible party's representative or | the applicant's insurer.__Applicants who recover costs by | such a settlement or judgment shall reimburse the fund to | the extent the amount recovered duplicates payments from the | fund. |
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| | Sec. 3. 38 MRSA §568-A, sub-§2, as repealed and replaced by PL 1995, | c. 361, §5, is amended by amending the first paragraph to read: |
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| | 2. Deductibles. Except as provided in subsection 2-A, | applicants eligible for coverage by the fund under subsection 1 | shall pay on a per occurrence basis the applicable standard | deductible amount specified in paragraph A. In addition to the |
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