Chapter 445C
Environmental Requirements; Cleanup of Discharged Petroleum

Definitions.

“Environmental audit” defined.

“Environmental requirement” defined.

“Regulated facility” defined.

“Regulated person” defined.

“Regulatory agency” defined.

Mitigating factors considered by court in determining criminal penalty for violation

Presumption that regulated person is not liable for administrative or civil penalty for violation

Rebuttal of presumption that regulated person is not liable for administrative or civil penalty for violation.

Administrative or civil proceedings for violation: Burdens of proof.

Environmental audit: Privileged

Regulations

Definitions.

“Board” defined.

“Department” defined.

“Diesel fuel of grade number 1” defined.

“Diesel fuel of grade number 2” defined.

“Discharge” defined.

“Division” defined.

“Fund” defined.

“Heating oil” defined.

“Motor vehicle fuel” defined.

“Operator” defined.

“Person” defined.

“Petroleum” defined.

“Storage tank” defined.

Legislative findings.

Board to Review Claims: Creation

Fund for Cleaning Up Discharges of Petroleum: Creation

Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges

Collection of fee for certain fuels and heating oil

Registration of storage tanks: Collection of annual fee

Report of discharge from tank required

Allocation of costs resulting from discharge from certain storage tanks for heating oil.

Allocation of costs resulting from discharge from other storage tanks

Liability for costs to clean up discharge caused by willful or wanton misconduct, gross negligence or violation of statute or regulation.

Pro rata reduction if balance of Fund insufficient for full payment.

Tanks exempted from certain provisions