Allocation of costs resulting from discharge from other storage tanks; requirement to hold public hearings under certain circumstances. If the costs resulting from a discharge from any other storage tank exceed $5,000, the costs must be paid as follows, to the extent applicable:
1. By an operator which is an agency, department, division or political subdivision of the State, 10 percent or $10,000, whichever is less, of the first $1,000,000 for cleaning up each tank and of the first $1,000,000 of liability for damages from each tank to any person other than this state or the operator of the tank, or both amounts. The balance of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the Fund, but the total amount paid from the Fund pursuant to this subsection in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,980,000 for cleaning up and $1,980,000 for damages.
2. By an operator which is a small business, 10 percent of the first $1,000,000 for cleaning up each tank and of the first $1,000,000 of liability for damages from each tank to a person other than this state or the operator of the tank, or both amounts. The total amount paid by an operator pursuant to this subsection must not exceed $50,000 for cleaning up and $50,000 for damages regardless of the number of storage tanks involved. The balance of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the Fund, but the total amount paid from the Fund pursuant to this subsection in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,900,000 for cleaning up and $1,900,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
3. By all other operators:
(a) Ten percent of the first $1,000,000 for cleaning up each tank and of the first $1,000,000 of liability for damages from each tank to a person other than this state or the operator of the tank, or both amounts.
(b) Ninety percent of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the Fund.
Ê The total amount paid from the Fund pursuant to paragraph (b) in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,800,000 for cleaning up and $1,800,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
4. Any further cost for cleaning up or for damages which is in excess of the amounts paid pursuant to subsections 1, 2 and 3 must be paid by the operator.
5. A political subdivision of the State that receives money from the Fund pursuant to subsection 1 to pay for the costs of cleaning up shall hold one public hearing upon initiation of the cleanup and one public hearing every 3 months thereafter until the cleanup is completed to ensure that the cleanup complies with any requirements of the Division concerning the cost-effectiveness of cleaning up. The costs incurred by the political subdivision for the hearing must not be attributed to the political subdivision as part of the costs paid by the political subdivision pursuant to subsection 1.
6. For the purposes of this section, a small business is a business which receives less than $500,000 in gross annual receipts from the site where the tank is located.
Last modified: February 26, 2006