1.An applicant's payments for third-party damages pursuant to a judgment entered in a
court must include copies of the notice of entry of judgment and abstract of costs.
2.An applicant's payments for third-party damages made by agreement in settlement of
litigation must include copies of the settlement agreement and supporting documents
required by the department.
3.An applicant's payments for third-party damages made by agreement without
reference to litigation must include copies of the settlement and supporting documents
required by the department.
4.The department and the board may require a third party who claims bodily injury to be
examined by a physician and require that the physician's report to be submitted to the
department. The department may require a third party that claim
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1. An applicant's payments for third-party damages pursuant to a judgment entered in a
court must include copies of the notice of entry of judgment and abstract of costs.
2. An applicant's payments for third-party damages made by agreement in settlement of
litigation must include copies of the settlement agreement and supporting documents
required by the department.
3. An applicant's payments for third-party damages made by agreement without
reference to litigation must include copies of the settlement and supporting documents
required by the department.
4. The department and the board may require a third party who claims bodily injury to be
examined by a physician and require that the physician's report to be submitted to the
department. The department may require a third party that claims property damage to
permit a property appraiser or claims adjuster retained by the department to inspect
the property and report to the department.
5. The fund shall pay a judgment against an owner, operator, or dealer awarded to a third
party as a result of a third-party claim and property damage against an owner,
operator, or dealer registered by the fund.
6. The fund shall pay for corrective action as awarded to a third party in any judgment
against an owner, operator, or dealer.
7. Liability of the tank owner, operator, dealer, or fund to third parties for corrective action
or personal injuries and property damage may not exceed, per person, one million
dollars. Maximum liability of the fund, including all claims by third parties, may not
exceed, for any release site, the maximum provided in section 23.1-12-18.
8. A third party may not bring an action against an owner, operator, or dealer more than
three years after a corrective action plan has been approved by the department if the
owner, operator, or dealer fully implements and complies with the corrective action
plan.
9. In investigating a release site or reviewing the implementation of a corrective action
plan approved by the department, the department shall determine whether the release
threatens public health or the environment. The department shall require, based on
science and technology appropriate for the site, any monitoring, remediation, or other
appropriate corrective action that is reasonably necessary to protect public health or
the environment. The department may require corrective action at a release site at any
time after a release occurs.