§ 23.1-12-18 — Reimbursement for corrective action

1. The department shall reimburse an eligible owner or operator for ninety percent of the
costs of corrective action, including the investigation, which are greater than five
thousand dollars and less than one million dollars per occurrence and two million
dollars in the aggregate. An eligible tank owner or operator may not be liable for more
than twenty thousand dollars out-of-pocket expenses for any one release. A
reimbursement may not be made unless the department determines that:
a. At the time the release was discovered, the tank was in substantial compliance
with all applicable rules of the United States environmental protection agency, the

state fire marshal, and the department. The department shall determine
substantial compliance by considering:
(1) The purposes of this chapter;
(2) The adverse effect that any violation of the rules may have had on the tank,
thereby causing or contributing to the release; and
(3) The extent of the remedial action required;
b. The department was given notice of the release as required by federal and state
law;
c. The owner or operator has paid the first five thousand dollars of the cost of
corrective action; and
d. The owner or operator, to the extent possible, fully cooperated with the
department in responding to the release.
2. The fund shall compensate third parties for corrective action taken for a petroleum
release if the provisions of subdivisions a, b, c, and d of subsection 1 were met at the
time the release was discovered. Compensation for third-party corrective action
includes compensation for costs incurred in returning the real estate to that level
deemed duly remediated by the department.
3. The fund shall reimburse the tank owner, operator, or dealer for bodily injuries to a
third party caused by a petroleum release if the provisions of subdivisions a, b, c, and
d of subsection 1 were met at the time the release was discovered in an amount
determined by:
a. Findings reduced to judgment in federal or state district court or such other court
having jurisdiction over the matter in a proceeding in which the fund has been
made a party;
b. Findings by an arbitration panel agreed upon in writing by the parties in a
proceeding in which the fund has been made a party; or
c. A written settlement entered into by the parties in which the director of the
department or the department's agent has participated. The settlement must be
reviewed and approved by the director of the department.
4. In any civil action against the owner, operator, or dealer for damages resulting from a
petroleum release, if the pre-leak condition of real estate is an issue, and if there is no
reasonable means of determining the pre-leak condition of real estate, the condition is
that which exists at the time the department determines the real estate has been duly
remediated.
5. The fund may not compensate for attorney's fees of owners, operators, or dealers, nor
may the fund compensate for exemplary damages, criminal fines, or administrative
penalties.
6. A third party accepting monetary compensation directly from the fund for damages due
to a release caused by a tank owner, operator, or dealer covered by the fund is
deemed to have waived any cause of action against the fund or against the tank
owner, operator, or dealer.
7. The fund shall reimburse the department for all costs, attorney's fees, and other legal
expenses relating to administrative and adjudicative proceedings under this chapter
and any subsequent legal proceeding. Any moneys reimbursed must be deposited in
the department's operating fund in the state treasury and must be spent subject to
appropriation by the legislative assembly.