VETOES

(5)  ANY PAYMENTS AND OBLIGATIONS OF THE DEPARTMENT
UNDER THIS SUBSECTION ARE SUBJECT TO THE AVAILABILITY OF
SUFFICIENT MONEYS IN THE UST FUND AND IN CONSIDERATION OF THE
OBLIGATIONS OF THE DEPARTMENT TO RESPOND TO OTHER DISCHARGES OF
OIL UNDER THIS SUBSECTION.

(6) (I) IN ORDER TO ENCOURAGE CORRECTIVE ACTIONS TO
BE UNDERTAKEN BY PERSONS RESPONSIBLE FOR THE DISCHARGE, ANY COSTS
INCURRED BY THE DEPARTMENT UNDER SUBSECTION (B)(2)(I) AND (III)
OF THIS SECTION, INCLUDING COSTS OF PREVENTIVE AND ENFORCEMENT
MEASURES, SHALL BE 100 PERCENT RECOVERABLE TO THE UST FUND FROM
PERSONS RESPONSIBLE FOR THE DISCHARGE. IN ADDITION, COSTS SHALL
BE 100 PERCENT RECOVERABLE IF THEY WERE PAID OUT OF THE FEDERAL
LEAKING UNDERGROUND STORAGE TANK TRUST FUND.

(II)  COSTS INCURRED BY THE DEPARTMENT FOR
IMMEDIATE RESPONSE UNDER SUBSECTION (B)(2)(II) OF THIS SECTION
SHALL ALSO BE RECOVERABLE. IF THE RESPONSIBLE PERSON COOPERATES
WITH THE DEPARTMENT AND ASSUMES CONTROL OF THE CORRECTIVE ACTION
DURING OR AFTER IMMEDIATE RESPONSE ACTIVITIES, RECOVERY SHALL BE
LIMITED TO THE AMOUNT OF THE DEDUCTIBLE.

(III)  THIS SECTION MAY NOT AFFECT THE LIABILITY
OF ANY PERSON FOR FINES AND PENALTIES UNDER THIS TITLE.

(7)  COSTS FOR REPLACEMENT OR RETROFITTING OF LEAKING
TANKS AND ASSOCIATED PIPING ARE NOT ELIGIBLE FOR REIMBURSEMENT OR
GUARANTEE TO A CONTRACTOR, AND THE DEPARTMENT MAY NOT INCUR THESE
COSTS IN ACTIONS TAKEN UNDER PARAGRAPH (2) OF THIS SUBSECTION
SUBSECTION (B)(2) OF THIS SECTION.

(8)  THIRD PARTY COMPENSATION CLAIMS MAY BE REIMBURSED
ONLY IF:

(I)  NOTICE OF THE CLAIM AND ANY RESULTING LAW
SUIT IS MADE TO THE DEPARTMENT CONSISTENT WITH REGULATIONS
DEVELOPED BY THE DEPARTMENT; AND

(II) 1. THE DEPARTMENT HAS APPROVED A
CERTIFICATION OF VALID CLAIM SIGNED BY THE OWNER OR OPERATOR AND
THE CLAIMANT; OR

2. THE DEPARTMENT HAS RECEIVED A VALID
FINAL ORDER SIGNED BY A COURT OF COMPETENT JURISDICTION
ESTABLISHING A JUDGMENT AGAINST THE OWNER OR OPERATOR FOR BODILY
INJURY OR PROPERTY DAMAGE FROM AN ACCIDENTAL RELEASE FROM AN
UNDERGROUND OIL STORAGE TANK.

(9)  THE ATTORNEY GENERAL, ACTING ON BEHALF OF THE
DEPARTMENT, SHALL HAVE THE RIGHT TO INTERVENE, AT THEIR

DISCRETION, IN ANY LAW SUIT INVOLVING THIRD PARTY COMPENSATION
CLAIMS THAT ARE REIMBURSABLE UNDER THIS SUBSECTION.

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