34A-13-1. Definition of terms. Terms used in this chapter mean: (1)”Abandoned site,” any release site on which none of the tanks have been used for the intentional storage of petroleum after April 1, 1988; (2)”Asset value,” with respect to valuation of amounts on deposit in or credited to any account or fund, the amount of […]
34A-13-10. Avoidance of liability by conveyance or agreement prohibited–Exceptions. No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement. However, the provisions of this chapter do not: (1)Prohibit a person who may be liable from […]
34A-13-11. Recovery of expenses in civil action–Prima facie evidence of reasonable expenses–Disposition of recovered funds. Any reasonable and necessary expenses incurred by the fund in taking a corrective action, including costs of investigating a release, third-party claims, administrative and legal expenses including attorney’s fees for prosecuting any action, and defense costs including attorney’s fees for […]
34A-13-12. Administrative, civil, injunctive, and criminal remedies allowed where pursued by department–Exhaustion of administrative remedies not required. Nothing in this chapter limits the powers of the department, or precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department. The department need not exhaust administrative remedies under this chapter in order […]
34A-13-12.1. Administrative, civil, injunctive, and criminal remedies allowed where pursued by director–Exhaustion of administrative remedies not required. The director need not exhaust administrative remedies under this chapter in order to pursue any other administrative, civil, injunctive, or criminal remedies on behalf of the fund or the board. Source: SL 1991, ch 294, §25.
34A-13-14. Petroleum Release Compensation Board–Appointment of members–Terms. The Petroleum Release Compensation Board consists of five persons appointed by the Governor as follows: one with experience in insurance or claims adjusting; one with experience in banking or a finance related business; one engineer or one person with experience in a technical field; and two persons from […]
34A-13-15. Employment of staff–Costs and appropriations–Delegation of authority. The board shall hire and provide staff to support its activities. The staff shall be employees of the executive branch of state government and subject to the statutes, rules, and other conditions of employment that are applied to employees in the executive branch of state government. All […]
34A-13-16. Adoption of rules and procedures. The board may adopt, pursuant to chapter 1-26, rules regarding its practices and procedures, the form and procedure for applications for compensation from the fund, procedures for investigation of claims, procedures and criteria for determining the amount and type of costs that are eligible for reimbursement from the fund, […]
34A-13-16.1. Training and testing of persons who perform services to be reimbursed. The director and the department, jointly, separately, or in cooperation with private organizations, may conduct training seminars for those who perform services to be reimbursed under this chapter, administer voluntary tests to seminar participants and publish or withhold the results of such tests […]
34A-13-17. Attachment of fund to Department of Agriculture and Natural Resources–Reimbursement of costs. The fund is attached to the Department of Agriculture and Natural Resources for budgeting and administrative support. All necessary costs of the Department of Agriculture and Natural Resources for these services shall be reimbursed from the inspection fees collected pursuant to this […]
34A-13-18. Deposit and crediting of revenue. Revenue from the following sources shall be deposited in the state treasury and credited to a petroleum release compensation fund: (1)Any fees imposed by §34A-13-20; (2)Any money recovered by the fund pursuant to §34A-13-9, including administrative expenses, and any money paid under an agreement, stipulation, or settlement; (3)Any interest […]
34A-13-20. Petroleum release compensation and tank inspection fee–Amount of fee–Allocation of revenue. A petroleum release compensation and tank inspection fee is imposed upon any petroleum products upon which the fuel excise tax is imposed by §§10-47B-5 to 10-47B-10, inclusive, 10-47B-9.1, and 10-47B-13. None of the exemptions from fuel excise tax allowed in §10-47B-19 apply to […]
34A-13-20.1. Transfer of funds to and from state highway fund. If the balance of the petroleum release compensation fund falls below two million dollars and has additional accounts payable that exceed projected monthly deposits pursuant to §34A-13-20, a transfer shall be made from the state highway fund to the petroleum release compensation fund in an […]
34A-13-22. Payment of fee on monthly basis–Rules. The fee required by §34A-13-20 shall be paid on a monthly basis by all parties subject to the fee. The board shall establish, by rules promulgated pursuant to chapter 1-26, the time and method of collection, interest on past due amounts, forms and other matters necessary for the […]
34A-13-23. Audits of persons subject to fee. The board may conduct audits or, by agreement, have the Department of Agriculture and Natural Resources conduct audits upon persons subject to the fee. Source: SL 1988, ch 290, §23; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §44, eff. Apr. […]
34A-13-24. Failure to pay fee as misdemeanor–Subsequent violation as felony. If a party required to pay the fee imposed by §34A-13-20 on the date due fails to do so, the party is guilty of a Class 1 misdemeanor. Each subsequent violation of this section is a Class 6 felony if the violation occurs within eighteen […]
34A-13-25. Notice of suspension of benefits–Notice to department–Appeal for reinstatement of benefits–Ratification of certain suspensions and reinstatements. If any party required to pay the fee fails to do so, the director shall notify that party in writing that failure to pay the fee within fifteen days shall result in the suspension of all benefits under […]
34A-13-26. Administration of provisions. The requirements of chapter 1-26 govern the administration of this chapter. Any decision made by the director becomes final unless appealed to the board within thirty days of the date of that decision. The board may, upon agreement with all affected parties, waive any hearing requirements of chapter 1-26 in order […]
34A-13-27. Fund expenditures. Money in the fund may only be expended or obligated: (1)To administer the petroleum release compensation program established in this chapter; (2)For any administrative costs and costs of corrective action taken by the fund, including investigations, legal actions, consulting costs, and other necessary costs; (3)For any costs of recovering any expenses associated […]
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 […]
