§ 68-215-129 — Cleanup contracts - Requirements

(a) Any person who contracts to provide investigation, identification, containment, cleanup, monitoring or maintenance of a petroleum site pursuant to this chapter shall be subject to the following requirements: (1) All contracts for such services shall be in writing and shall be signed by the owner, operator or other party obligated to pay for such services; (2) All such contracts shall clearly indicate which charges are required by the department to remediate the petroleum site to acceptable state standards and which charges are associated with work performed for tasks other than the remediation of the petroleum site to acceptable state standards; and (3) All such contracts shall include an express agreement that is clearly denoted by bold style type or other clearly distinguishable print and that requires the obligated party to initial or execute by a second signature, which agreement shall denote the obligated party's authorization or agreement to pay for all costs for work other than remediation of the petroleum site to acceptable state standards. (b) Any person who fails to comply with this section shall not be entitled to receive any reimbursement from the fund until compliance with this section is demonstrated to the satisfaction of the department. (c) This section shall only apply to contracts or agreements entered into, renewed or extended after June 30, 1997.

Legislative History

Acts 1997, ch. 444, § 3; 2008, ch. 794, § 14.