§ 68-215-122. Injunctions
In addition to the penalties provided elsewhere in this chapter, the commissioner may cause the enforcement of any orders, rules, or regulations issued by the commissioner or the board to carry out this chapter by instituting legal proceedings to enjoin the actual or threatened violation of this chapter, and the order, and regulations of the […]
§ 68-215-110. Petroleum Underground Storage Tank Fund — Environmental Assurance Fee
There is established within the general fund a special agency account to be known as the “petroleum underground storage tank fund” referred to in this chapter as the “fund.” All fees, civil penalties, and damages collected pursuant to this chapter shall be deposited in the fund. Damages, costs, restitution awards, and other recoveries collected or […]
§ 68-215-111. Use of Fund
The fund shall be available to the board and the commissioner for expenditures for the purposes of providing for the investigation, identification, and for the reasonable and safe cleanup, including monitoring and maintenance, of petroleum sites and locations from which underground storage tank systems have been removed within the state as provided in this chapter. […]
§ 68-215-114. Order for Correction — Liability
When the commissioner finds upon investigation that any provisions of this chapter are not being carried out, and that effective measures are not being taken to comply with this chapter, the commissioner may issue an order for correction to the responsible party, and this order shall be complied with within the time limit specified in […]
§ 68-215-115. Recovery of Costs by State — Apportionment of Liability
Whenever the commissioner expends money for the investigation, identification, containment or cleanup of a particular site under this part, the commissioner may issue an order to any responsible party, other than an owner or operator of an underground storage tank system or a petroleum site owner if the release at such system or site is […]
§ 68-215-116. Failure to Take Proper Action
Any responsible party who fails without sufficient cause to properly provide for removal of petroleum or remedial action upon order of the commissioner pursuant to this chapter may be liable to the state for a penalty in an amount equal to one hundred fifty percent (150%) of the amount of any costs incurred by the […]
§ 68-215-117. Immunity From Liability — Exceptions
No person shall be liable under this chapter for damages as a result of actions taken or omitted in the course of rendering care, assistance or advice at the direction of an on-scene coordinator appointed by the commissioner, with respect to an incident creating a danger to the public health or welfare or the environment […]
§ 68-215-118. Compliance by Governmental Entities
Each department, agency or instrumentality of the executive, legislative, and judicial branches of the federal government and the state government shall be subject to, and comply with, this chapter in the same manner and to the same extent, both procedurally and substantively, as any non-governmental entity, including liability under §§ 68-215-114 — 68-215-117.
§ 68-215-119. Review of Orders
Any person against whom an order is issued may secure a review of such order by filing with the commissioner a written petition, setting forth the grounds and reasons for such person’s objections and asking for a hearing in the matter involved before the board. Any such order shall become final and not subject to […]
§ 68-215-120. Criminal Penalties
Any person violating, failing to, neglecting to, or refusing to comply with any of § 68-215-104, commits a Class C misdemeanor. Each day upon which such violation occurs constitutes a separate offense. Any person who knowingly tampers with or disables a release detection or prevention device associated with an underground storage tank, or who knowingly […]