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Introduced Senate Bill (S)

DIGEST

Excess liability trust fund claims. Provides that, if certain conditions are met, a person who was not an owner or operator of an underground storage tank (UST) at the time of a release from the UST may assume liability for corrective action in response to the release from the UST and may receive reimbursement from the underground petroleum storage tank excess liability trust fund (ELTF). Provides that the administrator of the ELTF: (1) may audit any claim against the ELTF to protect against fraud, waste, and abuse; and (2) may pay from the ELTF, in connection with one eligible release Excess liability trust fund claims. Provides that, if certain conditions are met, a person who was not an owner or operator of an underground storage tank (UST) at the time of a release from the UST may assume liability for corrective action in response to the release from the UST and may receive reimbursement from the underground petroleum storage tank excess liability trust fund (ELTF). Provides that the administrator of the ELTF: (1) may audit any claim against the ELTF to protect against fraud, waste, and abuse; and (2) may pay from the ELTF, in connection with one eligible release from a UST, not more than $1,500,000 for corrective action and not more than $1,000,000 for third party indemnification claims. Authorizes the department of environmental management (IDEM) to develop, and the underground storage tank financial assurance board to approve, guidelines to assist eligible parties in identifying goods and services for which reimbursement may be paid from the ELTF. Provides that a person to whom the right to receive payment from the ELTF was assigned, in order to receive payment, must provide proof of the assignment to the administrator of the ELTF. Authorizes the commissioner of IDEM to undertake corrective action in response to a release of a regulated substance from a UST if the person who is subject to a corrective action order with respect to the release, through no fault of that person, does not have access to the property that is the subject of the corrective action order. ... View more