Reimbursement for testing

Act 32 of 1989, § 507, under STORAGE TANK AND SPILL PREVENTION ACT.

Act 32 of 1989, § 507

Section 507. Reimbursement for testing.

(a) Federal requirements.--The department shall reimburse the owners of underground storage tanks for the cost of routine testing and monitoring requirements which exceed the minimum routine testing and monitoring requirements established by the United States Environmental Protection Agency.

(b) No-fault testing.--The department shall reimburse the owners of underground storage tanks for the cost of any testing, monitoring or hydrogeologic studies required by the department under section 1311 to determine if a tank owner is responsible for the release of a regulated substance or contamination by a regulated substance where the results of the testing, monitoring and hydrogeologic studies show the tank owner was not the source of the release or contamination and where the tank owner cooperated fully with the department in the investigation.

(c) Discovery of de minimis contamination.--Discovery of a de minimis amount of contamination on a site tested pursuant to subsection (b) shall not preclude reimbursement under subsection (b) unless it is more likely than not that the de minimis onsite contamination is contributing to the offsite contamination.

(d) Fund.--The department shall use funds from the Storage Tank Fund established in section 702 to provide the reimbursements required by this section.

(507 amended June 26, 1995, P.L.79, No.16)