§ 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 are covered as provided under this section.
(2) For releases reported before May 11, 2010, the responsible party shall pay:

(2)(a) the first $10,000 of costs; and
(2)(b) (2)(b)(i) all costs over $1,000,000, if the release was from a tank:

(2)(b)(i)(A) located at a facility engaged in petroleum production, refining, or marketing; or
(2)(b)(i)(B) with an average monthly facility throughput of more than 10,000 gallons; and
(2)(b)(ii) all costs over $500,000, if the release was from a tank:

(2)(b)(ii)(A) not located at a facility engaged in petroleum production, refining, or marketing; and
(2)(b)(ii)(B) with an average monthly facility throughput of 10,000 gallons or less.
(3) For releases reported before May 11, 2010, if money is available in the fund and the responsible party has paid costs of $10,000, the director shall pay costs from the fund in an amount not to exceed:

(3)(a) $990,000 if the release was from a tank:
(3)(a)(i) located at a facility engaged in petroleum production, refining, or marketing; or
(3)(a)(ii) with an average monthly facility throughput of more than 10,000 gallons; and
(3)(b) $490,000 if the release was from a tank:
(3)(b)(i) not located at a facility engaged in petroleum production, refining, or marketing; and
(3)(b)(ii) with an average monthly facility throughput of 10,000 gallons or less.
(4) For a release reported on or after May 11, 2010, the responsible party shall pay:

(4)(a) the first $10,000 of costs; and
(4)(b) (4)(b)(i) all costs over $2,000,000, if the release was from a tank:

(4)(b)(i)(A) located at a facility engaged in petroleum production, refining, or marketing; or
(4)(b)(i)(B) with an average monthly facility throughput of more than 10,000 gallons; and
(4)(b)(ii) all costs over $1,000,000, if the release was from a tank:

(4)(b)(ii)(A) not located at a facility engaged in petroleum production, refining, or marketing; and
(4)(b)(ii)(B) with an average monthly facility throughput of 10,000 gallons or less.
(5) For a release reported on or after May 11, 2010, if money is available in the fund and the responsible party has paid costs of $10,000, the director shall pay costs from the fund in an amount not to exceed:

(5)(a) $1,990,000 if the release was from a tank:
(5)(a)(i) located at a facility engaged in petroleum production, refining, or marketing; or
(5)(a)(ii) with an average monthly facility throughput of more than 10,000 gallons; and
(5)(b) $990,000 if the release was from a tank:
(5)(b)(i) not located at a facility engaged in petroleum production, refining, or marketing; and
(5)(b)(ii) with an average monthly facility throughput of 10,000 gallons or less.
(6) The director may pay fund money to a responsible party up to the following amounts in a fiscal year:

(6)(a) $1,990,000 to a responsible party owning or operating less than 100 petroleum storage tanks; or
(6)(b) $3,990,000 to a responsible party owning or operating 100 or more petroleum storage tanks.
(7) (7)(a) In authorizing payments for costs from the fund, the director shall apportion money:
(7)(a)(i) first, to the following type of expenses incurred by the state:

(7)(a)(i)(A) legal;
(7)(a)(i)(B) adjusting; and
(7)(a)(i)(C) actuarial;
(7)(a)(ii) second, to costs incurred for:

(7)(a)(ii)(A) investigation;
(7)(a)(ii)(B) abatement action; and
(7)(a)(ii)(C) corrective action; and
(7)(a)(iii) third, to payment of:

(7)(a)(iii)(A) judgments;
(7)(a)(iii)(B) awards; and
(7)(a)(iii)(C) settlements to third parties for bodily injury or property damage.
(7)(b) The board shall make rules governing the apportionment of costs among third party claimants.

Legislative History

Amended by Chapter 360, 2012 General Session