VETOES

(B)  (1) UPON CONFIRMING THAT A DISCHARGE HAS OCCURRED FROM
A PETROLEUM AN UNDERGROUND OIL STORAGE TANK, THE OWNER OR
OPERATOR OF THE PETROLEUM UNDERGROUND OIL STORAGE TANK OR OTHER
PERSON RESPONSIBLE FOR THE DISCHARGE SHALL IMMEDIATELY NOTIFY THE
DEPARTMENT AND COMMENCE CORRECTIVE ACTION, UNDER THE REGULATIONS
ADOPTED BY THE DEPARTMENT.

(2) THE DEPARTMENT MAY UNDERTAKE OR CONTRACT FOR
CORRECTIVE ACTION IF:

(I)  AFTER NOTIFICATION AND REQUEST BY THE
DEPARTMENT TO TAKE APPROPRIATE CORRECTIVE ACTION CONSISTENT WITH
REGULATIONS ADOPTED BY THE DEPARTMENT, THE OWNER OR OPERATOR
REFUSES TO TAKE THE ACTION; OR OR OTHER PERSON RESPONSIBLE FOR
THE DISCHARGE IS UNWILLING OR FINANCIALLY UNABLE TO TAKE THE
ACTION OR FAILS TO TAKE APPROPRIATE ACTION PROMPTLY;

(II)  THE DEPARTMENT DETERMINES THAT AN
IMMEDIATE RESPONSE TO A DISCHARGE IS NECESSARY TO PROTECT PUBLIC
HEALTH, SAFETY, OR THE ENVIRONMENT.; OR

(III)  A PERSON RESPONSIBLE FOR THE DISCHARGE
CANNOT BE LOCATED.

(C)  (1) UPON APPLICATION AND APPROVAL BY THE DEPARTMENT,
THE OWNER OR OPERATOR OF A PETROLEUM AN UNDERGROUND OIL STORAGE
TANK MAY APPLY TO THE FUND FOR:

(I)  REIMBURSEMENT FOR COSTS INCURRED IN TAKING
CORRECTIVE ACTION OR IN COMPENSATING A THIRD PARTY FOR A BODILY
INJURY OR PROPERTY DAMAGE; OR

(II)  A GUARANTEE OF PAYMENT TO A QUALIFIED
CONTRACTOR FOR THE COSTS OF TAKING CORRECTIVE ACTION THAT EXCEED

$10,000.

(2) (I) ANY REIMBURSEMENT OR GUARANTEE TO A
CONTRACTOR FROM THE UST FUND IS SUBJECT TO:

(I) A $10,000 DEDUCTIBLE PER OCCURRENCE; AND

(II) A LIMIT OF $1,000,000 PER OCCURRENCE OR

$2,000,000 IN THE AGGREGATE IN ANY ONE YEAR.

1.  FOR OWNERS OR OPERATORS OF 6 TANKS OR
LESS, A DEDUCTIBLE OF $20,000;

2.  FOR OWNERS OR OPERATORS OF MORE THAN 6
BUT NOT MORE THAN 15 TANKS, A DEDUCTIBLE OF $25,000 FOR
CORRECTIVE ACTION AND A DEDUCTIBLE OF $50,000 FOR BODILY INJURY
AND PROPERTY DAMAGE TO THIRD PARTIES;

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