As Michigan’s Department of Environmental Quality (DEQ) continues to develop procedures for implementing and accessing the Underground Storage Tank (UST) Cleanup Fund (Fund) created by the passage of SB 791 in December 2014, it just released the instructions for how UST owners/operators (O/O) can demonstrate financial responsibility by using the Fund. A brief summary of these procedures is provided below. Keep in mind, however, that until the UST O/O receives a notice of approval from the Michigan Underground Storage Tank Authority (MUSTA), the currently utilized financial responsibility mechanism must be maintained. The procedure outlined by DEQ is as follows:
Requests for Determinations and Deductible Buy-Downs can be prepared and submitted to MUSTA now. DEQ anticipates having all materials needed to accept claims, invoices, and Requests for Indemnification available to the O/O by December 1, 2015, and will begin accepting claims, invoices and Requests for Indemnification by January 1, 2016. We will continue to provide updates as additional procedures and forms are released.
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