2009 Rhode Island Code
Title 46 - Waters and Navigation
CHAPTER 46-12.9 - Rhode Island Underground Storage Tank Financial Responsibility Act
§ 46-12.9-5 - Purpose of fund.

SECTION 46-12.9-5

   § 46-12.9-5  Purpose of fund. – (a) The purpose of the fund shall be to facilitate the clean-up of releases from leaking underground storage tanks, underground storage tank systems, including those located on sites or government sites in order to protect the environment including drinking water supplies and public health and to take necessary action to proactively prevent such releases.

   (b) The fund shall provide reimbursement to responsible parties for the eligible costs incurred by them as a result of releases of certain petroleum from underground storage tanks or underground storage tank systems as provided herein. Monies in the fund shall be dispensed only upon the order of the review board or its designee for the following purposes.

   (1) The fund shall pay not more than one million dollars ($1,000,000) per incident and up to two million dollars ($2,000,000) in the aggregate for damages of eligible costs, as defined in regulations promulgated hereunder and, as further defined in § 46-12.9-3 excluding legal costs and expenses, incurred by a responsible party as a result of a release of petroleum from an underground storage tank or underground storage tank system; provided, however, that a responsible party shall be responsible for the first twenty thousand dollars ($20,000) of said eligible costs;

   (2) Reimbursement for any third party claim including, but not limited to, claims for bodily injury, property damage and damage to natural resources which are asserted against a responsible party and which have arisen as a result of a release of petroleum from an underground storage tank or underground storage tank system in an amount not to exceed one million dollars ($1,000,000) for each release as set forth in subsection (b)(1) of this section; provided, that such claims are found by the review board to be justified, reasonable, related to the release of petroleum and not excessive or spurious in nature; and

   (3) Eligible costs incurred by the department in carrying out the investigative, remedial and corrective action activities at sites of a petroleum release associated with an underground storage tank or underground storage tank system where the responsible party fails to comply with an order of the department to take such corrective action. In the event of such failure, the department may access the fund to perform the ordered work and shall proceed to recover from the responsible party on behalf of the fund any amount expended from the fund by the department.

   (4) Nothing contained in this chapter shall be construed to prevent subrogation by the state of Rhode Island against any responsible party other than the owner and/or operator for all sums of money which the fund shall be obligated to pay hereunder plus reasonable attorneys' fees and costs of litigation and such right of subrogation is hereby created.

   (5) Eligible costs incurred by the department to support the fund, including, but not limited to, all personnel support to process and review of claims in order to formulate recommendations for reimbursement for consideration by the review board, and providing meeting space for board meetings; provided, however, that no more than five hundred and fifty thousand dollars ($550,000) shall be dispensed from the fund for administrative purposes during any fiscal year. The department shall directly access the fund, pursuant to the limits set forth in subdivision 46-12.9-5(b)(1), to pay for such expenses.

   (6) Grants to any third party for purposes of removal of underground storage tanks and/or replacement of underground storage tanks with other fuel storage and distribution systems, including aboveground storage tanks, when such removal and/or replacement will minimize the potential future exposure of the fund to major expenses related to reimbursement of costs incurred in response or remediation should a future release occur. Grants under this section shall be limited to fifty thousand dollars ($50,000) per site and shall be in addition to any eligible reimbursement for clean up expenses at that site.