Missouri Revised Statutes
Chapter 319
General Safety Requirements
←319.130
Section 319.131.1
319.132→
August 28, 2015
Owners of tanks containing petroleum products may elect to participate--advisory committee, members, duties, applications, content, standards and tests--financial responsibility--deductible--fund not liability of state--ineligible sites--tanks owned by certain school districts--damages covered, limitation--defense of third-party claims.
319.131. 1. Any owner or operator of one or more petroleum storage tanks
may elect to participate in the petroleum storage tank insurance fund to meet
the financial responsibility requirements of sections 319.114 and 414.036.
Subject to regulations of the board of trustees, owners or operators may
elect to continue their participation in the fund subsequent to the transfer
of their property to another party. Current or former refinery sites or
petroleum pipeline or marine terminals are not eligible for participation in
the fund.
2. The board shall establish an advisory committee which shall be
composed of insurers, owners and operators of petroleum storage tanks, and
other interested parties. The advisory committee established pursuant to
this subsection shall report to the board. The committee shall monitor the
fund and recommend statutory and administrative changes as may be necessary
to assure efficient operation of the fund. The committee, in consultation
with the board and the department of insurance, financial institutions and
professional registration, shall report every two years to the general
assembly on the availability and affordability of the private insurance
market as a viable method of meeting the financial responsibilities required
by state and federal law in lieu of the petroleum storage tank insurance fund.
3. (1) Except as otherwise provided by this section, any person seeking
to participate in the insurance fund shall submit an application to the board
of trustees and shall certify that the petroleum tanks meet or exceed and are
in compliance with all technical standards established by the United States
Environmental Protection Agency, except those standards and regulations
pertaining to spill prevention control and counter-measure plans, and rules
established by the Missouri department of natural resources and the Missouri
department of agriculture. The applicant shall submit proof that the
applicant has a reasonable assurance of the tank's integrity. Proof of tank
integrity may include but not be limited to any one of the following: tank
tightness test, electronic leak detection, monitoring wells, daily inventory
reconciliation, vapor test or any other test that may be approved by the
director of the department of natural resources or the director of the
department of agriculture. The applicant shall submit evidence that the
applicant can meet all applicable financial responsibility requirements of
this section.
(2) A creditor, specifically a person who, without participating in and
not otherwise primarily engaged in petroleum production, refining, and
marketing, holds indicia of ownership primarily for the purpose of, or in
connection with, securing payment or performance of a loan or to protect a
security interest in or lien on the tank or the property where the tank is
located, or serves as trustee or fiduciary upon transfer or receipt of the
property, may be a successor in interest to a debtor pursuant to this
section, provided that the creditor gives notice of the interest to the
insurance fund by certified mail, return receipt requested. Part of such
notice shall include a copy of the lien, including but not limited to a
security agreement or a deed of trust as appropriate to the property. The
term "successor in interest" as provided in this section means a creditor to
the debtor who had qualified real property in the insurance fund prior to the
transfer of title to the creditor, and the term is limited to access to the
insurance fund. The creditor may cure any of the debtor's defaults in
payments required by the insurance fund, provided the specific real property
originally qualified pursuant to this section. The creditor, or the
creditor's subsidiary or affiliate, who forecloses or otherwise obtains legal
title to such specific real property held as collateral for loans, guarantees
or other credit, and which includes the debtor's aboveground storage tanks or
underground storage tanks, or both such tanks shall provide notice to the
fund of any transfer of creditor to subsidiary or affiliate. Liability
pursuant to sections 319.100 to 319.137 shall be confined to such creditor or
such creditor's subsidiary or affiliate. A creditor shall apply for a
transfer of coverage and shall present evidence indicating a lien,
contractual right, or operation of law permitting such transfer, and may
utilize the creditor's affiliate or subsidiary to hold legal title to the
specific real property taken in satisfaction of debts. Creditors may be
listed as insured or additional insured on the insurance fund, and not merely
as mortgagees, and may assign or otherwise transfer the debtor's rights in
the insurance fund to the creditor's affiliate or subsidiary, notwithstanding
any limitations in the insurance fund on assignments or transfer of the
debtor's rights.
(3) Any person participating in the fund shall annually submit an amount
established pursuant to subsection 1 of section 319.133 which shall be
deposited to the credit of the petroleum storage tank insurance fund.
4. Any person making a claim pursuant to this section and sections
319.129 and 319.133 shall be liable for the first ten thousand dollars of the
cost of cleanup associated with a release from a petroleum storage tank
without reimbursement from the fund. The petroleum storage tank insurance
fund shall assume all costs, except as provided in subsection 5 of this
section, which are greater than ten thousand dollars but less than one
million dollars per occurrence or two million dollars aggregate per year.
The liability of the petroleum storage tank insurance fund is not the
liability of the state of Missouri. The provisions of sections 319.100 to
319.137 shall not be construed to broaden the liability of the state of
Missouri beyond the provisions of sections 537.600 to 537.610 nor to abolish
or waive any defense which might otherwise be available to the state or to
any person. The presence of existing contamination at a site where a person
is seeking insurance in accordance with this section shall not affect that
person's ability to participate in this program, provided the person meets
all other requirements of this section. Any person who qualifies pursuant to
sections 319.100 to 319.137 and who has requested approval of a project for
remediation from the fund, which request has not yet been decided upon shall
annually be sent a status report including an estimate of when the project
may expect to be funded and other pertinent information regarding the request.
5. The fund shall provide coverage for third-party claims involving
property damage or bodily injury caused by leaking petroleum storage tanks
whose owner or operator is participating in the fund at the time the release
occurs or is discovered. Coverage for third-party property damage or bodily
injury shall be in addition to the coverage described in subsection 4 of this
section but the total liability of the petroleum storage tank insurance fund
for all cleanup costs, property damage, and bodily injury shall not exceed one
million dollars per occurrence or two million dollars aggregate per year.
The fund shall not compensate an owner or operator for repair of damages to
property beyond that required to contain and clean up a release of a regulated
substance or compensate an owner or operator or any third party for loss or
damage to other property owned or belonging to the owner or operator, or for
any loss or damage of an intangible nature, including, but not limited to,
loss or interruption of business, pain and suffering of any person, lost
income, mental distress, loss of use of any benefit, or punitive damages.
6. The fund shall, within limits specified in this section, assume costs
of third-party claims and cleanup of contamination caused by releases from
petroleum storage tanks. The fund shall provide the defense of eligible
third-party claims including the negotiations of any settlement.
7. Nothing contained in sections 319.100 to 319.137 shall be construed to
abrogate or limit any right, remedy, causes of action, or claim by any person
sustaining personal injury or property damage as a result of any release from
any type of petroleum storage tank, nor shall anything contained in sections
319.100 to 319.137 be construed to abrogate or limit any liability of any
person in any way responsible for any release from a petroleum storage tank
or any damages for personal injury or property damages caused by such a
release.
8. (1) The fund shall provide moneys for cleanup of contamination caused
by releases from petroleum storage tanks, the owner or operator of which is
participating in the fund or the owner or operator of which has made
application for participation in the fund by December 31, 1997, regardless of
when such release occurred, provided that those persons who have made
application are ultimately accepted into the fund. Applicants shall not be
eligible for fund benefits until they are accepted into the fund. This
section shall not preclude the owner or operator of petroleum storage tanks
coming into service after December 31, 1997, from making application to and
participating in the petroleum storage tank insurance fund.
(2) Notwithstanding the provisions of section 319.100 and the provisions
of subdivision (1) of this section, the fund shall provide moneys for cleanup
of contamination caused by releases from petroleum storage tanks owned by
school districts all or part of which are located in a county of the third
classification without a township form of government and having a population
of more than ten thousand seven hundred but less than eleven thousand
inhabitants, and which make application for participation in the fund by
August 28, 1999, regardless of when such release occurred. Applicants shall
not be eligible for fund benefits until they are accepted into the fund, and
costs incurred prior to that date shall not be eligible expenses.
9. (1) The fund shall provide moneys for cleanup of contamination caused
by releases from underground storage tanks which contained petroleum and
which have been taken out of use prior to December 31, 1997, provided such
sites have been documented by or reported to the department of natural
resources prior to December 31, 1997, and provided further that the fund
shall make no reimbursements for expenses incurred prior to August 28, 1995.
The fund shall also provide moneys for cleanup of contamination caused by
releases from underground storage tanks which contained petroleum and which
have been taken out of use prior to December 31, 1985, if the current owner
of the real property where the tanks are located purchased such property
before December 31, 1985, provided such sites are reported to the fund on or
before June 30, 2000. The fund shall make no payment for expenses incurred at
such sites prior to August 28, 1999. Nothing in sections 319.100 to 319.137
shall affect the validity of any underground storage tank fund insurance
policy in effect on August 28, 1996.
(2) An owner or operator who submits a request as provided in this
subsection is not required to bid the costs and expenses associated with
professional environmental engineering services. The board may disapprove
all or part of the costs and expenses associated with the environmental
engineering services if the costs are excessive based upon comparable service
costs or current market value of similar services. The owner or operator
shall solicit bids for actual remediation and cleanup work as provided by
rules of the board.
(3) After December 31, 2017, the current legal owner of the site shall
be the responsible party for corrective action, pursuant to section 319.109,
of any releases from underground storage tanks described in this subsection,
provided the creditor, who is a successor in interest as provided in
subdivision (2) of subsection 3 of this section, is subject to no greater or
lesser responsibility for corrective action than such successor in interest
would have on or before December 31, 2017. Nothing in this subdivision shall
in any way be construed to alter, alleviate, or modify in any manner any
liabilities that the fund has to pay for in cleaning up the site.
10. (1) The fund shall provide moneys for cleanup of contamination
caused by releases from aboveground storage tanks utilized for the sale of
products regulated by chapter 414 which have been taken out of use prior to
December 31, 1997, provided such sites have been documented by or reported to
the department of natural resources prior to December 31, 1997, and provided
further that the fund shall make no reimbursements for expenses incurred
prior to July 1, 1997.
(2) After December 31, 2017, the current legal owner of the site shall
be the responsible party for corrective action of any releases from
aboveground storage tanks described in this subsection, provided the
creditor, who is a successor in interest as provided in subdivision (2) of
subsection 3 of this section, is subject to no greater or lesser
responsibility for corrective action than such successor in interest would
have on or before December 31, 2017. Nothing in this subdivision shall in
any way be construed to alter, alleviate, or modify in any manner any
liabilities that the fund has to pay for in cleaning up the site.
(L. 1989 H.B. 77, et al. § 12 subsecs. 5 to 9, A.L. 1991 S.B. 91 &
317, A.L. 1994 H.B. 1156, A.L. 1995 H.B. 251, A.L. 1996 S.B. 708,
A.L. 1998 H.B. 1148 merged with S.B. 852 & 913, A.L. 1999 H.B.
603, et al., A.L. 2001 H.B. 453, A.L. 2008 S.B. 907)
2001
1999
2001
319.131. 1. Any owner or operator of one or more petroleum storage
tanks may elect to participate in the petroleum storage tank insurance fund
to partially meet the financial responsibility requirements of sections
319.100 to 319.137. Subject to regulations of the board of trustees,
owners or operators may elect to continue their participation in the fund
subsequent to the transfer of their property to another party. Current or
former refinery sites or petroleum pipeline or marine terminals are not
eligible for participation in the fund.
2. The board shall establish an advisory committee which shall be
composed of insurers and owners and operators of petroleum storage tanks.
The advisory committee established pursuant to this subsection shall report
to the board. The committee shall monitor the fund and recommend statutory
and administrative changes as may be necessary to assure efficient
operation of the fund. The committee, in consultation with the board and
the department of insurance, shall annually report to the general assembly
on the availability and affordability of the private insurance market as a
viable method of meeting the financial responsibilities required by state
and federal law in lieu of the petroleum storage tank insurance fund.
3. (1) Except as otherwise provided by this section, any person
seeking to participate in the insurance fund shall submit an application to
the board of trustees and shall certify that the petroleum tanks meet or
exceed and are in compliance with all technical standards established by
the United States Environmental Protection Agency, except those standards
and regulations pertaining to spill prevention control and counter-measure
plans, and rules established by the Missouri department of natural
resources and the Missouri department of agriculture. The applicant shall
submit proof that the applicant has a reasonable assurance of the tank's
integrity. Proof of tank integrity may include but not be limited to any
one of the following: tank tightness test, electronic leak detection,
monitoring wells, daily inventory reconciliation, vapor test or any other
test that may be approved by the director of the department of natural
resources or the director of the department of agriculture. The applicant
shall submit evidence that the applicant can meet all applicable financial
responsibility requirements of this section.
(2) A creditor, specifically a person who, without participating in
and not otherwise primarily engaged in petroleum production, refining, and
marketing, holds indicia of ownership primarily for the purpose of, or in
connection with, securing payment or performance of a loan or to protect a
security interest in or lien on the tank or the property where the tank is
located, or serves as trustee or fiduciary upon transfer or receipt of the
property, may be a successor in interest to a debtor pursuant to this
section, provided that the creditor gives notice of the interest to the
insurance fund by certified mail, return receipt requested. Part of such
notice shall include a copy of the lien, including but not limited to a
security agreement or a deed of trust as appropriate to the property. The
term "successor in interest" as provided in this section means a creditor
to the debtor who had qualified real property in the insurance fund prior
to the transfer of title to the creditor, and the term is limited to access
to the insurance fund. The creditor may cure any of the debtor's defaults
in payments required by the insurance fund, provided the specific real
property originally qualified pursuant to this section. The creditor, or
the creditor's subsidiary or affiliate, who forecloses or otherwise obtains
legal title to such specific real property held as collateral for loans,
guarantees or other credit, and which includes the debtor's aboveground
storage tanks or underground storage tanks, or both such tanks shall
provide notice to the fund of any transfer of creditor to subsidiary or
affiliate. Liability pursuant to sections 319.100 to 319.137 shall be
confined to such creditor or such creditor's subsidiary or affiliate. A
creditor shall apply for a transfer of coverage and shall present evidence
indicating a lien, contractual right, or operation of law permitting such
transfer, and may utilize the creditor's affiliate or subsidiary to hold
legal title to the specific real property taken in satisfaction of debts.
Creditors may be listed as insured or additional insured on the insurance
fund, and not merely as mortgagees, and may assign or otherwise transfer
the debtor's rights in the insurance fund to the creditor's affiliate or
subsidiary, notwithstanding any limitations in the insurance fund on
assignments or transfer of the debtor's rights.
(3) Any person participating in the fund shall annually submit an
amount established pursuant to subsection 1 of section 319.133 which shall
be deposited to the credit of the petroleum storage tank insurance fund.
4. Any person making a claim pursuant to this section and sections
319.129 and 319.133 shall be liable for the first ten thousand dollars of
the cost of cleanup associated with a release from a petroleum storage tank
without reimbursement from the fund. The petroleum storage tank insurance
fund shall assume all costs, except as provided in subsection 5 of this
section, which are greater than ten thousand dollars but less than one
million dollars per occurrence or two million dollars aggregate per year.
The liability of the petroleum storage tank insurance fund is not the
liability of the state of Missouri. The provisions of sections 319.100 to
319.137 shall not be construed to broaden the liability of the state of
Missouri beyond the provisions of sections 537.600 to 537.610, RSMo, nor to
abolish or waive any defense which might otherwise be available to the
state or to any person. The presence of existing contamination at a site
where a person is seeking insurance in accordance with this section shall
not affect that person's ability to participate in this program, provided
the person meets all other requirements of this section. Any person who
qualifies pursuant to sections 319.100 to 319.137 and who has requested
approval of a project for remediation from the fund, which request has not
yet been decided upon shall annually be sent a status report including an
estimate of when the project may expect to be funded and other pertinent
information regarding the request.
5. The fund shall provide coverage for third-party claims involving
property damage or bodily injury caused by leaking petroleum storage tanks
whose owner or operator is participating in the fund at the time the
release occurs or is discovered. Coverage for third-party bodily injury
shall not exceed one million dollars per occurrence. Coverage for
third-party property damage shall not exceed one million dollars per
occurrence. The fund shall not compensate an owner or operator for repair
of damages to property beyond that required to contain and clean up a
release of a regulated substance or compensate an owner or operator or any
third party for loss or damage to other property owned or belonging to the
owner or operator, or for any loss or damage of an intangible nature,
including, but not limited to, loss or interruption of business, pain and
suffering of any person, lost income, mental distress, loss of use of any
benefit, or punitive damages.
6. The fund shall, within limits specified in this section, assume
costs of third-party claims and cleanup of contamination caused by releases
from petroleum storage tanks. The fund shall provide the defense of
eligible third-party claims including the negotiations of any settlement.
7. Nothing contained in sections 319.100 to 319.137 shall be
construed to abrogate or limit any right, remedy, causes of action, or
claim by any person sustaining personal injury or property damage as a
result of any release from any type of petroleum storage tank, nor shall
anything contained in sections 319.100 to 319.137 be construed to abrogate
or limit any liability of any person in any way responsible for any release
from a petroleum storage tank or any damages for personal injury or
property damages caused by such a release.
8. (1) The fund shall provide moneys for cleanup of contamination
caused by releases from petroleum storage tanks, the owner or operator of
which is participating in the fund or the owner or operator of which has
made application for participation in the fund by December 31, 1997,
regardless of when such release occurred, provided that those persons who
have made application are ultimately accepted into the fund. Applicants
shall not be eligible for fund benefits until they are accepted into the
fund. This section shall not preclude the owner or operator of petroleum
storage tanks coming into service after December 31, 1997, from making
application to and participating in the petroleum storage tank insurance
fund.
(2) Notwithstanding the provisions of section 319.100 and the
provisions of subdivision (1) of this section, the fund shall provide
moneys for cleanup of contamination caused by releases from petroleum
storage tanks owned by school districts all or part of which are located in
a county of the third classification without a township form of government
and having a population of more than ten thousand seven hundred but less
than eleven thousand inhabitants, and which make application for
participation in the fund by August 28, 1999, regardless of when such
release occurred. Applicants shall not be eligible for fund benefits until
they are accepted into the fund, and costs incurred prior to that date
shall not be eligible expenses.
9. (1) The fund shall provide moneys for cleanup of contamination
caused by releases from underground storage tanks which contained petroleum
and which have been taken out of use prior to December 31, 1997, provided
such sites have been documented by or reported to the department of natural
resources prior to December 31, 1997, and provided further that the fund
shall make no reimbursements for expenses incurred prior to August 28,
1995. The fund shall also provide moneys for cleanup of contamination
caused by releases from underground storage tanks which contained petroleum
and which have been taken out of use prior to December 31, 1985, if the
current owner of the real property where the tanks are located purchased
such property before December 31, 1985, provided such sites are reported to
the fund on or before June 30, 2000. The fund shall make no payment for
expenses incurred at such sites prior to August 28, 1999. Nothing in
sections 319.100 to 319.137 shall affect the validity of any underground
storage tank fund insurance policy in effect on August 28, 1996.
(2) An owner or operator who submits a request as provided in this
subsection is not required to bid the costs and expenses associated with
professional environmental engineering services. The board may disapprove
all or part of the costs and expenses associated with the environmental
engineering services if the costs are excessive based upon comparable
service costs or current market value of similar services. The owner or
operator shall solicit bids for actual remediation and cleanup work as
provided by rules of the board.
10. The fund shall provide moneys for cleanup of contamination caused
by releases from aboveground storage tanks utilized for the sale of
products regulated by chapter 414, RSMo, which have been taken out of use
prior to December 31, 1997, provided such sites have been documented by or
reported to the department of natural resources prior to December 31, 1997,
and provided further that the fund shall make no reimbursements for
expenses incurred prior to July 1, 1997.
1999
319.131. 1. Any owner or operator of one or more petroleum storage
tanks may elect to participate in the petroleum storage tank insurance fund
to partially meet the financial responsibility requirements of sections
319.100 to 319.137. Current or former refinery sites or petroleum pipeline
or marine terminals are not eligible for participation in the fund.
2. The board shall establish an advisory committee which shall be
composed of insurers and owners and operators of petroleum storage tanks.
The advisory committee established pursuant to this subsection shall report
to the board. The committee shall monitor the fund and recommend statutory
and administrative changes as may be necessary to assure efficient
operation of the fund. The committee, in consultation with the board and
the department of insurance, shall annually report to the general assembly
on the availability and affordability of the private insurance market as a
viable method of meeting the financial responsibilities required by state
and federal law in lieu of the petroleum storage tank insurance fund.
3. (1) Except as otherwise provided by this section, any person
seeking to participate in the insurance fund shall submit an application to
the board of trustees and shall certify that the petroleum tanks meet or
exceed and are in compliance with all technical standards established by
the United States Environmental Protection Agency, rules established by the
Missouri department of natural resources and the Missouri department of
agriculture. The applicant shall submit proof that the applicant has a
reasonable assurance of the tank's integrity. Proof of tank integrity may
include but not be limited to any one of the following: tank tightness
test, electronic leak detection, monitoring wells, daily inventory
reconciliation, vapor test or any other test that may be approved by the
director of the department of natural resources or the director of the
department of agriculture. The applicant shall submit evidence that the
applicant can meet all applicable financial responsibility requirements of
this section.
(2) A creditor, specifically a person who, without participating in
and not otherwise primarily engaged in petroleum production, refining, and
marketing, holds indicia of ownership primarily for the purpose of, or in
connection with, securing payment or performance of a loan or to protect a
security interest in or lien on the tank or the property where the tank is
located, or serves as trustee or fiduciary upon transfer or receipt of the
property, may be a successor in interest to a debtor pursuant to this
section, provided that the creditor gives notice of the interest to the
insurance fund by certified mail, return receipt requested. Part of such
notice shall include a copy of the lien, including but not limited to a
security agreement or a deed of trust as appropriate to the property. The
term "successor in interest" as provided in this section means a creditor
to the debtor who had qualified real property in the insurance fund prior
to the transfer of title to the creditor, and the term is limited to access
to the insurance fund. The creditor may cure any of the debtor's defaults
in payments required by the insurance fund, provided the specific real
property originally qualified pursuant to this section. The creditor, or
the creditor's subsidiary or affiliate, who forecloses or otherwise obtains
legal title to such specific real property held as collateral for loans,
guarantees or other credit, and which includes the debtor's aboveground
storage tanks or underground storage tanks, or both such tanks shall
provide notice to the fund of any transfer of creditor to subsidiary or
affiliate. Liability pursuant to sections 319.100 to 319.137 shall be
confined to such creditor or such creditor's subsidiary or affiliate. A
creditor shall apply for a transfer of coverage and shall present evidence
indicating, a lien, contractual right, or operation of law permitting such
transfer, and may utilize the creditor's affiliate or subsidiary to hold
legal title to the specific real property taken in satisfaction of debts.
Creditors may be listed as insured or additional insured on the insurance
fund, and not merely as mortgagees, and may assign or otherwise transfer
the debtor's rights in the insurance fund to the creditor's affiliate or
subsidiary, notwithstanding any limitations in the insurance fund on
assignments or transfer of the debtor's rights.
(3) Any person participating in the fund shall annually submit an
amount established pursuant to subsection 1 of section 319.133 which shall
be deposited to the credit of the petroleum storage tank insurance fund.
4. The owner or operator making a claim pursuant to this section and
sections 319.129 and 319.133 shall be liable for the first ten thousand
dollars of the cost of cleanup associated with a release from a petroleum
storage tank without reimbursement from the fund. The petroleum storage
tank insurance fund shall assume all costs, except as provided in
subsection 5 of this section, which are greater than ten thousand dollars
but less than one million dollars per occurrence or two million dollars
aggregate per year. The liability of the petroleum storage tank insurance
fund is not the liability of the state of Missouri. The provisions of
sections 319.100 to 319.137 shall not be construed to broaden the liability
of the state of Missouri beyond the provisions of sections 537.600 to
537.610, RSMo, nor to abolish or waive any defense which might otherwise be
available to the state or to any person. The presence of existing
contamination at a site where a person is seeking insurance in accordance
with this section shall not affect that person's ability to participate in
this program, provided the person meets all other requirements of this
section. Any person who qualifies pursuant to sections 319.100 to 319.137
and who has requested approval of a project for remediation from the fund,
which request has not yet been decided upon shall annually be sent a status
report including an estimate of when the project may expect to be funded
and other pertinent information regarding the request.
5. The fund shall provide coverage for third-party claims involving
property damage or bodily injury caused by leaking petroleum storage tanks
whose owner or operator is participating in the fund at the time the
release occurs or is discovered. Coverage for third-party bodily injury
shall not exceed one million dollars per occurrence. Coverage for
third-party property damage shall not exceed one million dollars per
occurrence. The fund shall not compensate an owner or operator for repair
of damages to property beyond that required to contain and clean up a
release of a regulated substance or compensate an owner or operator or any
third party for loss or damage to other property owned or belonging to the
owner or operator, or for any loss or damage of an intangible nature,
including, but not limited to, loss or interruption of business, pain and
suffering of any person, lost income, mental distress, loss of use of any
benefit, or punitive damages.
6. The fund shall, within limits specified in this section, assume
costs of third-party claims and cleanup of contamination caused by releases
from petroleum storage tanks. The fund shall provide the defense of
eligible third-party claims including the negotiations of any settlement.
7. Nothing contained in sections 319.100 to 319.137 shall be
construed to abrogate or limit any right, remedy, causes of action, or
claim by any person sustaining personal injury or property damage as a
result of any release from any type of petroleum storage tank, nor shall
anything contained in sections 319.100 to 319.137 be construed to abrogate
or limit any liability of any person in any way responsible for any release
from a petroleum storage tank or any damages for personal injury or
property damages caused by such a release.
8. (1) The fund shall provide moneys for cleanup of contamination
caused by releases from petroleum storage tanks, the owner or operator of
which is participating in the fund or the owner or operator of which has
made application for participation in the fund by December 31, 1997,
regardless of when such release occurred, provided that those persons who
have made application are ultimately accepted into the fund. Applicants
shall not be eligible for fund benefits until they are accepted into the
fund. This section shall not preclude the owner or operator of petroleum
storage tanks coming into service after December 31, 1997, from making
application to and participating in the petroleum storage tank insurance
fund.
(2) Notwithstanding the provisions of section 319.100 and the
provisions of subdivision (1) of this section, the fund shall provide
moneys for cleanup of contamination caused by releases from petroleum
storage tanks owned by school districts all or part of which are located in
a county of the third classification without a township form of government
and having a population of more than ten thousand seven hundred but less
than eleven thousand inhabitants, and which make application for
participation in the fund by August 28, 1999, regardless of when such
release occurred. Applicants shall not be eligible for fund benefits until
they are accepted into the fund, and costs incurred prior to that date
shall not be eligible expenses.
9. (1) The fund shall provide moneys for cleanup of contamination
caused by releases from underground storage tanks which contained petroleum
and which have been taken out of use prior to December 31, 1997, provided
such sites have been documented by or reported to the department of natural
resources prior to December 31, 1997, and provided further that the fund
shall make no reimbursements for expenses incurred prior to August 28,
1995. The fund shall also provide moneys for cleanup of contamination
caused by releases from underground storage tanks which contained petroleum
and which have been taken out of use prior to December 31, 1985, if the
current owner of the real property where the tanks are located purchased
such property before December 31, 1985, provided such sites are reported to
the fund on or before June 30, 2000. The fund shall make no payment for
expenses incurred at such sites prior to August 28, 1999. Nothing in
sections 319.100 to 319.137 shall affect the validity of any underground
storage tank fund insurance policy in effect on August 28, 1996.
(2) An owner or operator who submits a request as provided in this
subsection is not required to bid the costs and expenses associated with
professional environmental engineering services. The board may disapprove
all or part of the costs and expenses associated with the environmental
engineering services if the costs are excessive based upon comparable
service costs or current market value of similar services. The owner or
operator shall solicit bids for actual remediation and cleanup work as
provided by rules of the board.
10. The fund shall provide moneys for cleanup of contamination caused
by releases from aboveground storage tanks utilized for the sale of
products regulated by chapter 414, RSMo, which have been taken out of use
prior to December 31, 1997, provided such sites have been documented by or
reported to the department of natural resources prior to December 31, 1997,
and provided further that the fund shall make no reimbursements for
expenses incurred prior to July 1, 1997.
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