Title 23.1 — Environmental Quality

A petroleum tank release compensation fund is established.

As used in this chapter, unless the context otherwise requires: 1. "Actually incurred" means, in the case of corrective action expenditures, the owner, operator, landowner, an insurer, or a contractor hired by the owner, operator, or the landlord has expended time and materials, …

The petroleum release compensation advisory board shall review claims against the fund. The board consists of five members appointed by the governor, three of whom are active in petroleum marketing; one of whom is active in the petroleum, crude oil, or refining industry; and one …

The department shall administer the fund according to this chapter. The department shall convene the board as may be necessary to keep the board apprised of the fund's general operations. However, the board shall meet at least once each half of each calendar year to review and to…

The department shall adopt rules regarding the practices and procedures of the fund, the form and procedure for applications for compensation from the fund, procedures for investigation of claims, procedures for determining the amount and type of costs that are eligible for reimb…

If the department has reason to believe a release has occurred, it shall direct the owner or operator to take reasonable and necessary corrective actions as provided under federal or state law or under adopted rules.

The department may cause legal action to be brought to compel performance of a corrective action if an identified owner or operator fails or refuses to comply with an order of the department, or the department may engage the services of qualified contractors for performance of a …

Upon receipt of information that a petroleum release has occurred which may present an imminent or substantial endangerment of health or the environment, the department may take emergency action necessary to protect health or the environment.

This chapter does not limit a person's duty to notify the department and to take action related to a release. However, payment for corrective actions required as a result of a petroleum release is governed by this chapter.

A person the department has reason to believe is an owner or operator, the owner of real property where corrective action is ordered to be taken, or a person that may have information concerning a release shall, if requested by the department, or any member, employee, or agent of…

Any employee of the department may, upon presentation of official credentials: 1. Examine and copy books, papers, records, memoranda, or data of any person that has a duty to provide information to the department under section 23.1-12-10; and 2. Enter upon public or private prope…

The owner or operator is liable for the cost of the corrective action required by the department, including the cost of investigating the releases. This chapter does not create any new cause of action for damages on behalf of third parties for release of petroleum products agains…

An owner or operator may not avoid liability by means of a conveyance of any right, title, or interest in real property or by any indemnification, hold harmless agreement, or similar agreement. However, this chapter does not: 1. Prohibit a person that may be liable from entering …

This chapter does not limit the powers of the department, or preclude the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department or any other person. Administrative remedies need not be exhausted to proceed under this chapter. The remedies …

Revenue from the following sources must be deposited in the state treasury and credited to the fund: 1. Any fees collected under section 23.1-12-17; 2. Any money recovered by the fund under section 23.1-12-23, and any money paid under an agreement, stipulation, or settlement; 3. …

A tank owner violating section 23.1-12-17 is guilty of a class B misdemeanor unless another penalty is specifically provided.

1. Upon the recommendation and approval of the petroleum tank release compensation fund board, the department shall classify tanks with respect to degree of hazard, determine the risks of each classification, and fix the registration fee for each classification at a rate sufficie…

Expired under S.L. 2019, ch. 24, § 34.

1. The department shall reimburse an eligible owner or operator for ninety percent of the costs of corrective action, including the investigation, which are greater than five thousand dollars and less than one million dollars per occurrence and two million dollars in the aggregat…

An owner or operator that is a first-party claimant and that proposes to take corrective action or has undertaken corrective action in response to a release, the time of the release being unknown, may apply to the department for partial or full reimbursement under section 23.1-12…

A reimbursement for corrective actions taken by an owner, operator, or dealer may not be made from the fund until the department has determined that the costs for which reimbursement is requested were actually incurred and were reasonable. All necessary loss adjustment expenses m…

The right to apply for reimbursement and the receipt of reimbursement does not limit the liability of an owner or operator for damages or costs incurred as the result of a release.

The amount of reimbursement to be paid for corrective action that was done by a third party is not subject to legal process or attachment if actually paid to a third party that performed the corrective action.

Any reasonable and necessary expenses incurred by the fund, which exceed the coverage limits provided by section 23.1-12-18, in taking a corrective action, including costs of investigating a release, and in taking legal actions, may be recovered in a civil action in district cour…

If the cost of any extraordinary authorized action under this chapter exceeds amounts awarded to the department from the federal government, the department may pay the department's corrective actions costs, including the cost of investigating a release, if the board finds that th…

If an owner or operator has an insurance policy that provides the same coverage as the fund, the department shall pay the share of the covered loss or damage for which the fund is responsible. The share that must be paid from the fund is equal to the proportion that the applicabl…

1. An owner or operator sued for damages resulting from a release shall notify the department within fourteen days of being served with a summons and complaint. The owner or operator also shall advise the department if any insurer is defending the owner or operator and provide to…

1. An applicant's payments for third-party damages pursuant to a judgment entered in a court must include copies of the notice of entry of judgment and abstract of costs. 2. An applicant's payments for third-party damages made by agreement in settlement of litigation must include…

The department and the board may annually allow the department a ten percent matching grant for federal leaking underground storage tank funds to be paid out of the fund if the moneys are available and the department and the board determine the allowance appropriate.

Money in the fund is continuously appropriated to the department for the purpose of making reimbursements under this chapter.

Investment of the fund is under the supervision of the state investment board in accordance with chapter 21-10. The department may purchase a contract for reinsurance of any risk to be paid by the fund. The department may investigate the purchase of insurance that reimburses an o…