§ 46-12.7-1. Purpose. The legislature finds and declares that the release of oil or hazardous substances into the environment presents a real and substantial threat to the public health and welfare, to the environment, and to the economy of the state. The legislature therefore concludes that it is in the best interest of the state […]
§ 46-12.7-10. Claims against the fund. (a) Any person may apply to the fund for compensation for damages and losses suffered as a result of an oil spill under any of the following conditions: (1) The responsible party or parties cannot be ascertained. (2) A responsible party is not liable for non-economic damages caused by […]
§ 46-12.7-11. Emergency loans. In the event of an oil spill where more than ten thousand (10,000) gallons of oil have been discharged in the waters of the state, in any one day from a single event, the director, after a properly noticed public hearing, may make an emergency secured loan to any private individual […]
§ 46-12.7-12. Recovery of expenditures from fund. The attorney general, in consultation with the director, shall undertake actions to recover all costs to the funds from any responsible party for an oil spill into marine or estuarine waters for which expenditures are made from the fund. Payment of any claim or obligation from the fund […]
§ 46-12.7-13. Preventative uses of the fund. (a) Recognizing the importance of the development of readiness and response programs, the legislature may allocate not more than two hundred fifty thousand dollars ($250,000) per annum of the amount then currently in the fund to be devoted to research and development in the causes, effects and removal […]
§ 46-12.7-14. Board of arbitration. (a) The director shall establish a disputed claims processing capability within the department to hear and determine claims filed under this chapter that are not agreed upon by the claimant and the director and any responsible party who has joined as an interested party. (b) An independent hearing examiner appointed […]
§ 46-12.7-2. Repealed.
§ 46-12.7-2.1. Fund established. (a) A fund is hereby established in the state general fund to be called the “oil spill prevention, administration, and response fund”. The fund shall assume the full contents of the fund previously known as the oils release response fund. The director shall continue to administer the fund. (b) Money from […]
§ 46-12.7-3. Repealed.
§ 46-12.7-3.1. Financing of the fund. The fund shall consist of the following sources: (1) Sums the legislature may appropriate; (2) Moneys received from federal, state, or other sources for the purpose of response, containment, abatement, rehabilitation, and monitoring costs from an oil spill in marine or estuarine waters; (3) Moneys received from any private […]
§ 46-12.7-4. Repealed.
§ 46-12.7-4.1. Uniform oil response and prevention fee. (a) A uniform oil spill response and prevention fee in an amount not exceeding five cents ($.05) for each barrel of petroleum products, as set by the director pursuant to subsection (d) of this section, shall be imposed upon every person owning petroleum products at the time […]
§ 46-12.7-5. Repealed.
§ 46-12.7-5.1. Purposes of the fund. The director may use money from the fund to: (1) Provide funds to cover promptly the costs of response, containment, and cleanup of oil spills into marine or estuarine waters, including, but not limited to, damage assessment costs, and wildlife rehabilitation as defined in this section. (2) Provide funds […]
§ 46-12.7-6. Repealed.
§ 46-12.7-6.1. Administration and records of the fund. (a) The director shall administer the fund in accordance with this chapter. (b) The department shall develop procedures governing the expenditure of, and accounting for, money expended from the fund. (c) The director is responsible for insuring that there are adequate moneys available in the fund to […]
§ 46-12.7-7. Report to the legislature. (a) The director shall submit a report to the legislature not later than the tenth (10th) day following the convening of each regular session of the legislature. The report may include information considered significant by the director but must include: (1) The amount of money expended under § 46-12.7-5 […]
§ 46-12.7-8. Repealed.
§ 46-12.7-8.1. Expenditure of fund money. (a) The director may only expend money from the fund for post-spill activities when a discharge of oil has occurred, or the threat of a discharge has led the state to take appropriate response, or for pre-spill activities and research, development, and monitoring activities if the following determinations have […]
§ 46-12.7-9. Regulations. The director may adopt all rules and regulations necessary for the administration and enforcement of this chapter. History of Section.P.L. 1990, ch. 324, § 4.
