94- 457 C.M.R. ch. 321, § 5

Current through 2024-36, September 4, 2024
Section 457-321-5 - Certificate of Determination
A. The DEP, the EPA or the PRP group, as applicable, shall inform the Chief Executive Officer of the final remedy selection and response costs for each waste motor oil site. The Chief Executive Officer shall be advised in writing of the issuance of the final remedy selection and that the remedy will be implemented pursuant to a consent decree or other final settlement order or agreement determining substantially final response costs for a waste motor oil disposal site.
B. After receipt of written notice of the issuance of the final remedy selection and that the remedy will be implemented pursuant to a consent decree or other final settlement order or agreement determining substantially final response costs for a site, the Chief Executive Officer shall determine the costs that represent the collective share of eligible persons at the site.
1. In determining the amount of response costs incurred by an eligible person prior to the effective date of a consent decree or other final settlement order or agreement, the Chief Executive Officer shall rely on a written certificate of costs from the PRP group, if any, at the site, supported by such evidence of payment as the Chief Executive Officer may require.
2. In determining the amount of response costs incurred by an eligible person prior to the effective date of a consent decree or other final settlement order or agreement if no PRP group exists at the site, the Chief Executive Officer shall rely on a written certificate of costs from each eligible person, supported by copies of invoices, receipts or other evidence of payment as the Chief Executive Officer may require.
3. Any written certificate of costs must be made under oath and subject to the provisions of 17-A M.R.S.A. Section451. Each such certificate of costs and any evidence of payment supporting such certificate must be in form and substance acceptable to the Chief Executive Officer.
4. In determining the amount of response costs to be incurred by an eligible person after the effective date of a consent decree or other final settlement order or agreement, the Chief Executive Officer shall rely on the final allocation of response costs as agreed on by the responsible parties and as reflected in the consent decree or other final settlement order or agreement in the form that such responsible parties have agreed to and, if applicable, committed to submit to a court having jurisdiction of the matter for approval, as evidenced in a manner acceptable to the Chief Executive Officer.
C. The Authority shall issue a certificate of determination setting forth, in each case as determined by the Chief Executive Officer: (i) the amount of response costs paid or to be paid by responsible parties with respect to the site; (ii) the maximum amount of eligible response costs with respect to the site to be paid from the proceeds of revenue obligation securities, which shall not exceed the collective response costs of eligible persons at the site; and (iii) the maximum amount of proceeds of revenue obligation securities to be paid to or on behalf of each of the responsible parties;
D. The Authority may not issue more than two certificates of determination for a given site. After an original certificate of determination, the Authority may issue up to one supplemental certificate of determination with respect to a site, which may provide for payment from the proceeds of additional revenue obligation securities of an amount equal to no more than 10% of the amount of response costs initially certified for the site in Section 5(C)(ii) hereof.

94- 457 C.M.R. ch. 321, § 5