Section 457-318-4 - Eligibility (Plymouth Applicants)A. General eligibilityTo be eligible for financial assistance under the program, a recipient must demonstrate each of the following:
(1) The recipient has been identified by the United States Environmental Protection Agency ("EPA") as a potentially responsible party with respect to the Plymouth Waste Oil Disposal Site and has been alleged by the EPA to have generated waste oil from an address or location within the State;(2) The recipient has signed the Administrative Order by Consent pursuant to EPA Docket Number CERCLA 1-2000-0004;(3) The recipient has signed the West Site/Hows Corner RI/FS Group Agreement;(4) The recipient is not a federal or state agency;(5) The recipient has demonstrated a reasonable likelihood that it will be able to repay the loan;(6) The recipient has been determined by the EPA to have an ability to pay; and(7) To the extent that money in the fund will be used for all or part of the costs of the remedial design, the recipient has signed the Administrative Order by Consent for remedial design in the matter of the Plymouth Waste Oil Disposal Site (West Site/Hows Corner).(8) To the extent that money in the fund will be used for all or part of the remedial action costs, the recipient has signed the Remedial Action Consent Decree for the Plymouth Waste Oil Disposal Site (West Site/Hows Corner).(9) To the extent that money in the fund will be used for all or part of a de minimis settlement, the recipient has signed all settlement documents required by the EPA or the Maine Department of Environmental Protection.B. Direct LoansRecipients may be eligible for direct loans of not more than the recipient establishes it has paid or agreed to pay for the institutional controls, Remedial Study, past cost settlement, remedial design, technical impracticability study, oversight costs, remedial action costs, de minimis settlement, and time-critical removal action costs, but not including any attorneys' fees related thereto, except attorneys' fees incurred for the preparation of restrictive covenants, including deed and title research, for the properties within the area identified by the United States Environmental Protection Agency as the institutional control zone in order to implement institutional controls, in accordance with the following criteria:
(1) Repayment on all loans shall be deferred until the United States Environmental Protection Agency determines that construction of a final remedy is complete with respect to the Plymouth Waste Oil Disposal Site, after which the loan must be repaid over a period not exceeding the ensuing 10 years.(2) All loans shall bear interest at the rate of 0%. In the event the aggregate amount of direct loans sought by eligible recipients exceeds the amount of funds available for such loans, the amount of a recipient's direct loan shall be limited to its pro-rata share of available funds, based upon the percentage that said recipient's liability for the remedial design, technical impracticability study, institutional controls, remedial study, past cost settlement, oversight costs, remedial action costs, de minimis settlement, and time-critical removal action costs represents of the total of all recipients' liability for the remedial design, technical impracticability study, institutional controls, remedial study, past cost settlement, oversight costs, remedial action costs, de minimis settlement, and time-critical removal action costs, as determined by the Chief Executive Officer.
94- 457 C.M.R. ch. 318, § 4