19-6-419.   Costs covered by the fund -- Costs paid by owner or operator -- Payments to third parties -- Apportionment of costs.
     (1) If all requirements of this part have been met and a release occurs from a tank that is covered by the fund, the costs per release shall be covered as provided under this section.
     (2) The responsible party shall pay:
     (a) the first $10,000 of costs; and
     (b) (i) all costs over $1,000,000, if the release was from a tank:
     (A) located at a facility engaged in petroleum production, refining, or marketing; or
     (B) with an average monthly facility throughput of more than 10,000 gallons; and
     (ii) all costs over $500,000, if the release was from a tank:
     (A) not located at a facility engaged in petroleum production, refining, or marketing; and
     (B) with an average monthly facility throughput of 10,000 gallons or less.
     (3) If money is available in the fund and the responsible party has paid costs of $10,000, the executive secretary shall pay costs from the fund in an amount not to exceed:
     (a) $990,000 if the release was from a tank:
     (i) located at a facility engaged in petroleum production, refining, or marketing; or
     (ii) with an average monthly facility throughput of more than 10,000 gallons; and
     (b) $490,000 if the release was from a tank:
     (i) not located at a facility engaged in petroleum production, refining, or marketing; and
     (ii) with an average monthly facility throughput of 10,000 gallons or less.
     (4) The total costs of tank releases regarding any responsible party that may be paid in any fiscal year by fund monies are:
     (a) $990,000 for a responsible party of one to 99 petroleum storage tanks; or
     (b) $1,990,000 for a responsible party of 100 or more petroleum storage tanks.
     (5) (a) In authorizing payments for costs from the fund, the executive secretary shall apportion monies first to legal, adjusting, and actuarial expenses incurred by the state; expenses incurred in investigation, abatement action, and corrective action; and then to payment of judgments, awards, or settlements to third parties for bodily injury or property damage.
     (b) The board shall make rules governing the apportionment of costs among third party claimants.

Amended by Chapter 172, 1997 General Session
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Last revised: Thursday, May 28, 2009