34A-13-32. Continuous appropriation to board for making reimbursements and other purposes–Submission of administrative budget for approval. Money in the fund is continuously appropriated to the board for the purpose of making reimbursements under and for the other purposes described in this chapter. The board shall annually submit its administrative budget to the Legislature for approval […]
34A-13-33. Liability of covered party not limited by reimbursement. The right to apply for reimbursement and the receipt of reimbursement does not limit the liability of a covered party for damages or costs incurred by any person as a result of a release. Source: SL 1988, ch 290, §33; SL 1992, ch 260, §26.
34A-13-34. Reimbursement paid to third party who performed cleanup not subject to attachment–Board and fund not subject to legal process, attachment. The amount of reimbursement to be paid for cleanup which was performed by a third party is not subject to legal process or attachment. The board and the fund are not subject to legal […]
34A-13-39. Short title. This chapter may be cited as the “Petroleum Inspection and Release Compensation Act.” Source: SL 1988, ch 290, §39.
34A-13-4. Immediate corrective action by department. To assure an adequate response to a release, the director may take corrective action if the department determines that the release constitutes a clear and immediate danger requiring immediate action to prevent, minimize, or mitigate damage to the public health and welfare or the environment. Before taking any action […]
34A-13-40. Limits of reimbursement for corrective action and third party claims. The board may provide by rules, promulgated pursuant to chapter 1-26, the limits of reimbursement for corrective action and third-party claims. These limits may not exceed those set forth in §34A-13-8.1, but may consist of any amount equal to or less than the amounts […]
34A-13-41. Reimbursement to licensed petroleum marketers and other tank owners. The board shall provide reimbursement to licensed petroleum marketers, and other tank owners as defined by the board pursuant to rule for liability to third parties. Coverage may only be extended to tanks which are regulated in §§34A-2-98 and 34A-2-100, excluding tanks which are exempted […]
34A-13-42. Rules for amount, terms and period of third-party reimbursement. Prior to providing such third-party reimbursement, the board may promulgate rules pursuant to chapter 1-26 which state the amount of reimbursement, the terms and conditions of reimbursement, the period of reimbursement, and the tanks or occurrence covered by reimbursement. Source: SL 1990, ch 292, §13; […]
34A-13-44.1. Third-party damages–Benefits intended in or on behalf of covered party. The provisions of this chapter relating to third-party damages are not intended to confer any benefit or create any rights or entitlements in or on behalf of any person other than a covered party. Source: SL 1991, ch 294, §24; SL 1992, ch 260, […]
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.
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.
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.
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 […]
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 […]
34A-13-5. Joint adoption of response procedure. The board and the department shall develop jointly, and adopt by rules promulgated pursuant to chapter 1-26, a response procedure for emergency and other corrective actions. Source: SL 1988, ch 290, §5.
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 […]
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, […]
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, […]
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 […]
34A-13-7. Furnishing of information to director–Denial of benefits based on failure to furnish information. Any person who the director has reason to believe is a covered party, or the owner of real property where corrective action is ordered to be taken, or any person who may have information concerning a release or a corrective action, […]
