§ 8-7-901. Title

This subchapter may be known and may be cited as the “Petroleum Storage Tank Trust Fund Act”.

§ 8-7-902. Definitions

As used in this subchapter: (1) (A) “Aboveground storage tank” means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, the capacity of which is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) […]

§ 8-7-903. Rules — Powers of division

(a) The Secretary of the Department of Finance and Administration is authorized to adopt appropriate rules not inconsistent with this subchapter as he or she may deem necessary to carry out the intent and purposes of and to assure compliance with this subchapter. (b) The Arkansas Pollution Control and Ecology Commission is authorized to adopt […]

§ 8-7-904. Advisory committee

(a) (1) There is established the Advisory Committee on Petroleum Storage Tanks to be composed of the following members: (A) A representative from the property and casualty segment of the insurance industry; (B) A representative from a company that is a refiner and also has service stations or other motor fuel retail outlets in the […]

§ 8-7-905. Petroleum Storage Tank Trust Fund

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Petroleum Storage Tank Trust Fund”, hereinafter referred to as the “fund”. (b) The fund will be administered by the Director of the Division of […]

§ 8-7-906. Petroleum environmental assurance fee

(a) There is established a petroleum environmental assurance fee to be paid, except as provided in subsection (c) of this section, on each gallon of motor fuel or distillate special fuel purchased in or imported into this state. (b) The fee shall be paid by the first distributor or supplier receiving fuel from a terminal […]

§ 8-7-907. Payments for corrective action

(a) (1) No payment for corrective action shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on corrective action for the occurrence, except in cases in which the Director of the Division of Environmental Quality is using emergency authority under § […]

§ 8-7-908. Third-party claims

(a) (1) No payment to any owner or operator against whom a third-party claim is brought for compensatory damages shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on third-party claims for the occurrence, except in cases in which: (A) The […]

§ 8-7-909. Confidential treatment of information

(a) Any records, reports, or information obtained by the Division of Environmental Quality, the Department of Energy and Environment, or the division’s or department’s employees in the administration of this subchapter, except release data, shall be kept confidential upon a showing satisfactory to the Director of the Division of Environmental Quality that the records, reports, […]