Section 34A-13-46 – Tanks at abandoned sites.
34A-13-46. Tanks at abandoned sites. No reimbursement may be provided for third-party claims resulting from tanks at abandoned sites. Source: SL 1990, ch 292, §17; SL 1992, ch 260, §33.
Section 34A-13-47 – Time limit for third-party claim.
34A-13-47. Time limit for third-party claim. No action for recovery from the fund for any third-party claim may be maintained unless it is commenced within the time permitted by chapter 15-2 for the commencement of an action against the covered party. Source: SL 1990, ch 292, §18; SL 1992, ch 260, §34.
Section 34A-13-48 – Private insurance as risktaker–Annual report identifying potential companies.
34A-13-48. Private insurance as risktaker–Annual report identifying potential companies. The board shall endeavor to integrate private insurance as the primary or secondary risktaker. The board and insurance industry officials representing pollution coverage who have registered with the board shall meet at least annually to determine the availability, affordability, and progress made to identify potential private […]
Section 34A-13-49 – Abandoned tank removal program created–Eligibility for participation.
34A-13-49. Abandoned tank removal program created–Eligibility for participation. There is hereby created within the petroleum release compensation fund, a new program to be known as the abandoned tank removal program. Under this program, the director may provide payments for tank pulling and corrective action at abandoned sites where the owner or the person having legal […]
Section 34A-13-50 – Scope of program.
34A-13-50. Scope of program. Payments made from the director for tank pulling and corrective action under the abandoned tank removal program may include: (1)Tank pulling, as defined in this chapter, including the disposal of tank contents and specifically excluding the replacement of surface above the backfill area; and (2)Removal of abandoned waste oil tanks and […]
Section 34A-13-52 – Department responsible for tank removal and corrective actions under program–Director to make payments from fund.
34A-13-52. Department responsible for tank removal and corrective actions under program–Director to make payments from fund. The Department of Agriculture and Natural Resources shall be responsible for the tank removal and corrective actions subject to §§34A-13-49 to 34A-13-54, inclusive. The department may contract directly with consultants, contractors, other service providers, state agencies, subdivisions of government, […]
Section 34A-13-53 – Promulgation of rules.
34A-13-53. Promulgation of rules. The secretary of the Department of Agriculture and Natural Resources may promulgate, pursuant to chapter 1-26, rules regarding practices and procedures necessary to carry out the provisions of the abandoned tank removal program including the form and procedure for application for qualifying for tank pulling and corrective action. Source: SL 2000, […]
Section 34A-13-54 – Director to suspend payments except at high-risk sites when fund balance is two million dollars or less.
34A-13-54. Director to suspend payments except at high-risk sites when fund balance is two million dollars or less. Except at sites determined to be high risk by the secretary of the Department of Agriculture and Natural Resources using risk-based corrective action criteria, the director shall suspend payments for tank pulling and corrective action at abandoned […]
Section 34A-13-45 – Damage prior to April 1, 1990.
34A-13-45. Damage prior to April 1, 1990. No reimbursement may be made for third-party claims if the damage was allegedly caused by a petroleum release reported prior to April 1, 1990. Source: SL 1990, ch 292, §16; SL 1992, ch 260, §32.
Section 34A-13-31 – Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements–Reduction for ineligible claims.
34A-13-31. Determination of cost as actual, reasonable, and not in excess of petroleum remediation requirements–Reduction for ineligible claims. Reimbursement may be made from the fund only if the board has determined that the costs for which reimbursement is requested were actually incurred, reasonable, and necessary as determined under rules promulgated by the board, and were […]