Section 2.08 - Eligible ClaimantsTo be eligible for Reimbursement from the Fund, a Claimant must be:
(1) A Person who has incurred or will incur allowable costs, expenses, and obligations as a result of: (a) taking a Response Action; or(b) paying a Final Judgment for Bodily Injury or Property Damage to a third party or Damage to Natural Resources; or(c) otherwise incurring allowable expenses, costs, and obligations as a result of an Eligible Release; and(2) Such Person must be one of the following:(a) An Owner or Operator of the current UST System or an Owner or Operator of the last UST System at a Former Dispensing Facility who:1. paid all Annual Tank Fees, Delivery Fees, and late penalties;2. demonstrates Full Compliance pursuant to 503 CMR 2.07; and3. is not an agency or Political Subdivision of the Federal Government, the Commonwealth or any other state or foreign nation.(b) A Person acting on behalf of an Owner or operator described in 503 CMR 2.08(3) or on behalf of a successor in ownership described in 503 CMR 2.08(3) pursuant to a contract who takes a Response Action.(c) An Owner or Operator who files a Third Party Claim that satisfies the requirements of 503 CMR 2.12.(d) A successor in property ownership in the case where the UST System was removed prior to the property transfer and was not replaced.(3) For purposes of Claims filed by a Person other than the Owner of a UST System, such Person shall obtain and submit to the Department written authorization from the Owner, from a court of competent jurisdiction, or from the Board, allowing such Person to file Claims with the Board.Amended by Mass Register Issue 1361, eff. 3/23/2018.