CHAPTER 34A-13
PETROLEUM INSPECTION AND RELEASE COMPENSATION
34A-13-1
Definition of terms.
34A-13-2
Order to take corrective action--Notice--Conflicting orders.
34A-13-3
Legal action to compel performance of corrective action.
34A-13-4
Immediate corrective action by department.
34A-13-5
Joint adoption of response procedure.
34A-13-6
Notice of release to department--Investigations.
34A-13-7
Furnishing of information to director--Denial of benefits based on failure
to furnish information.
34A-13-8
Examination of records--Entering upon public or private property--Denial
of benefits based upon failure to allow access to property and documents.
34A-13-8.1
Reimbursement by fund for corrective action costs--Limitation--Costs for
releases.
34A-13-8.2
Percentage of deductible waived for certain releases.
34A-13-8.3
Limitation on reimbursement for release sites.
34A-13-8.4
Defense costs of certain third-party claims.
34A-13-8.5
Reimbursement to covered party.
34A-13-9
Cost of corrective action--Amount of reimbursement--Exceptions.
34A-13-9.1
Conditions for reimbursement.
34A-13-9.2
Subrogation of fund--Right to recover.
34A-13-10
Avoidance of liability by conveyance or agreement prohibited--Exceptions.
34A-13-11
Recovery of expenses in civil action--Prima facie evidence of reasonable
expenses--Disposition of recovered funds.
34A-13-12
Administrative, civil, injunctive, and criminal remedies allowed where
pursued by department--Exhaustion of administrative remedies not
required.
34A-13-12.1
Administrative, civil, injunctive, and criminal remedies allowed where
pursued by director--Exhaustion of administrative remedies not required.
34A-13-13
Duty to notify department and take action not limited--Application of
provisions to reimbursement for corrective actions--Proration when funds
insufficient.
34A-13-14
Petroleum Release Compensation Board--Appointment of members--Terms.
34A-13-15
Employment of staff--Costs and appropriations--Delegation of authority.
34A-13-16
Adoption of rules and procedures.
34A-13-16.1
Training and testing of persons who perform services to be reimbursed.
34A-13-17
Attachment of fund to Department of Environment and Natural
Resources--Reimbursement of costs.
34A-13-18
Deposit and crediting of revenue.
34A-13-19
Repealed.
34A-13-20
Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue.
34A-13-21
Agreements with secretary for services to collect fee--Exchange of
information.
34A-13-22
Payment of fee on monthly basis--Rules.
34A-13-23
Audits of persons subject to fee.
34A-13-24
Failure to pay fee as misdemeanor--Subsequent violation as felony.
34A-13-25
Notice of suspension of benefits--Notice to department--Appeal for
reinstatement of benefits--Ratification of certain suspensions and
reinstatements.
34A-13-26
Administration of provisions.
34A-13-27
Spending of fund.
34A-13-28 to 34A-13-30. Repealed.
34A-13-31
Determination of cost as actual, reasonable, and not in excess of
petroleum remediation requirements--Reduction for ineligible claims.
34A-13-32
Continuous appropriation to board for making reimbursements and other
purposes--Submission of administrative budget for approval.
34A-13-33
Liability of covered party not limited by reimbursement.
34A-13-34
Reimbursement paid to third party who performed cleanup not subject to
attachment--Board and fund not subject to legal process, attachment.
34A-13-35
Repealed.
34A-13-36
Repealed.
34A-13-37
Cooperation in actions necessary to obtain federal funding.
34A-13-38
Repealed.
34A-13-39
Short title.
34A-13-40
Limits of reimbursement for corrective action and third party claims.
34A-13-41
Reimbursement to licensed petroleum marketers and other tank owners.
34A-13-42
Rules for amount, terms and period of third-party reimbursement.
34A-13-43
Repealed.
34A-13-44
Administration and defense of third-party claims.
34A-13-44.1
Third-party damages--Benefits intended in or on behalf of covered party.
34A-13-45
Damage prior to April 1, 1990.
34A-13-46
Tanks at abandoned sites.
34A-13-47
Time limit for third-party claim.
34A-13-48
Private insurance as risktaker--Annual report identifying potential
companies.
34A-13-49
Abandoned tank removal program created--Eligibility for participation.
34A-13-50
Scope of program.
34A-13-51
Repealed.
34A-13-52
Department responsible for tank removal and corrective actions under
program--Director to make payments from fund.
34A-13-53
Promulgation of rules.
34A-13-54
Director to suspend payments except at high-risk sites when fund balance
is two million dollars or less.