75-11-517. Lien
75-11-517. Lien. (1) The costs incurred by the department to close an underground storage tank pursuant to 75-11-504 or 75-11-512 constitute a lien in favor of the state upon all property and rights to the property that belong to the owner or operator. (2) The lien imposed by this section arises at the time that notice incorporating a description […]
75-11-518. Venue for legal actions
75-11-518. Venue for legal actions. All legal actions affecting underground storage tanks or the disposal of regulated substances must be brought in the county in which the underground storage tank is located. History: En. Sec. 14, Ch. 112, L. 1997; amd. Sec. 42, Ch. 535, L. 2021.
75-11-519. Liability — defense and exclusions
75-11-519. Liability — defense and exclusions. (1) A person has a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of this part, a rule adopted under this part, or a condition of a permit or authorization required by a rule adopted under […]
75-11-506. and 75-11-507 reserved
75-11-506 and 75-11-507 reserved.
75-11-508. Corrective action — petroleum mixing zones
75-11-508. Corrective action — petroleum mixing zones. (1) A corrective action plan prepared pursuant to 75-11-309 may include the use of a petroleum mixing zone, as defined in 75-11-503, in conjunction with the final remediation and resolution of a petroleum release. (2) If a petroleum mixing zone is included in a corrective action plan, it may be […]
75-11-509. Inspections — permits
75-11-509. Inspections — permits. (1) The owner or operator of an active underground storage tank must have the tank inspected for compliance with this part by January 1, 2002, and at least once every 3 years thereafter by an inspector who is licensed pursuant to Title 75, chapter 11, part 2, to perform underground storage tank […]
75-11-510. Underground storage tank leak report — inspections — sampling
75-11-510. Underground storage tank leak report — inspections — sampling. (1) If an owner or operator of an underground storage tank discovers or is provided with evidence that a tank may have leaked, the owner or operator shall immediately notify the department that a leak may exist. (2) (a) An employee or agent of the department, at […]
75-11-511. Regulated substance inventory
75-11-511. Regulated substance inventory. (1) The department is authorized to conduct an inventory of sites and locations in the state where regulated substances have been stored or disposed of at any time. (2) If the department determines that the presence of a regulated substance or the release of the regulated substance may present a substantial hazard to […]
75-11-512. Administrative enforcement
75-11-512. Administrative enforcement. (1) When the department believes that a violation of this part or a rule adopted under this part has occurred, it may serve written notice of the violation personally or by certified mail on the alleged violator or the violator’s agent. The notice must specify the provision of this part or the rule […]
75-11-513. Injunctions
75-11-513. Injunctions. The department may institute and maintain, in the name of the state, actions for injunctive relief as provided in Title 27, chapter 19, to: (1) immediately restrain any person from engaging in any unauthorized activity that is endangering or causing damage to the public health or to the environment; (2) enjoin a violation of this part, […]