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; written agreement regarding environmental audit may be modified; authority of regulatory agency not limited by mitigation of criminal penalty.

Presumption that regulated person is not liable for administrative or civil penalty for violation; written agreement concerning environmental audit may be modified; authority of regulatory agency not limited by presumption against liability.

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; exceptions.

Regulations; court or administrative hearing officer not to consider failure to conduct environmental audit in determining liability for violation.

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; members; Chair; administrative assistance; compensation of members.

Fund for Cleaning Up Discharges of Petroleum: Creation; administration by Division; adoption of regulations by Board; claims; grant program to assist in defraying cost of preventing discharges; program of assistance to assist in complying with laws relating to storage tanks; expenses and interest; resolutions adopted by Board concerning Fund.

Fund for Cleaning Up Discharges of Petroleum: Expenditures for certain discharges; limitations; reimbursement.

Collection of fee for certain fuels and heating oil; exempt products; payment of expenses of Department.

Registration of storage tanks: Collection of annual fee; exempt tanks; reimbursement and other liability for noncompliance.

Report of discharge from tank required; cleanup of discharge; test of tank required for certain coverage for cleanup.

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

Allocation of costs resulting from discharge from other storage tanks; requirement to hold public hearings under certain circumstances.

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; optional coverage of exempted tank.