§ 35-11-1428 — Uses of financial responsibility account monies

(a) As provided in this section, the department shall, on
application by an owner or operator, direct the payment of
monies from the financial responsibility account to satisfy
judgments against the owner or operator for third party property
damage or personal injury.
(b) The attorney general shall be served by certified mail
return receipt requested with a copy of the complaint filed in
any suit initiated against an owner or operator for third party
property damage or personal injury. Service of the complaint on
the attorney general is a jurisdictional requirement in order to
maintain the suit. The attorney general shall be notified in
writing by certified mail return receipt requested of any
judgment, compromise, settlement or release entered into by an
owner or operator. As provided in this section, the department
shall, on application by an owner or operator, direct the
payment of monies from the financial responsibility account to
pay settlements for third party property damage or personal
injury on terms negotiated by the attorney general and approved
by the council.
(c) The monies from the financial responsibility account
shall only be used to pay judgments and settlements not to
exceed one million dollars ($1,000,000.00), for all the damages
arising from releases from one (1) or more of the tanks on a
site, provided that the owner or operator:
(i) Shall remain liable for payment of the judgment
or settlement up to, but not exceeding, thirty thousand dollars
($30,000.00). The department may bring an action against the
owner or operator to recover any amount paid by the department
pursuant to a judgment or settlement for which the owner or
operator remains liable under this paragraph;
(ii) Has not been relieved of his responsibility for
the judgment or settlement by operation of law or otherwise.
For purposes of this paragraph, an owner or operator shall not
be deemed to have been relieved of his responsibility for the
judgment or settlement by virtue of the Governmental Claims Act;
and
(iii) Pays the tank fee required by W.S.
35-11-1424(e) or 35-11-1425, conducts a minimum site assessment,
as defined by rule and regulation, and, if contamination is
found, takes action to prevent continuing contamination.
(d) Nothing herein shall be construed to authorize the
department to obligate funds from the financial responsibility
account for payment of costs which may be associated with, but
are not integral to, the personal injury or property damage such
as the costs for modifying, removing or replacing tanks.
(e) The department shall establish a priority list for
purposes of the financial responsibility account. The
department shall not approve use of monies from the financial
responsibility account if there are insufficient monies in the
account to fund the application before the department and all
other outstanding commitments.
(f) Nothing in this section shall be construed to
authorize commitments to cover property or personal injury
damages in excess of the balance in the financial responsibility
account.
(g) Within thirty (30) days after receipt of notification
that the financial responsibility account has become incapable
of paying for assured third party compensation costs, the owner
or operator shall obtain alternate financial assurance.