H.B. 1394

VETOES

(F)      "THIRD PARTY CLAIM" MEANS ANY CIVIL ACTION BROUGHT OR
ASSERTED BY ANY PERSON AGAINST ANY OWNER OR OPERATOR OF ANY
UNDERGROUND OIL STORAGE TANK FOR DAMAGES TO PERSON OR PROPERTY
WHICH DAMAGES ARE THE DIRECT RESULT OF OIL" RELEASED FROM TANKS
COVERED UNDER THIS SUBTITLE.

(G)     "UNDERGROUND OIL STORAGE TANK" HAS THE MEANING PROVIDED IN
§ 4-401(K) OF THIS TITLE.

4-702.

(A)     THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(1)      THE STORAGE OF OIL IN UNDERGROUND OIL STORAGE TANKS IS A
MAJOR CAUSE OF GROUNDWATER CONTAMINATION IN THIS STATE;

(2)       GROUNDWATER RESOURCES ARE VITAL TO THE POPULATION AND
ECONOMY OF THIS STATE; AND

(3)      THE PRESERVATION OF THE STATE'S GROUNDWATER RESOURCES
IS IN THE PUBLIC INTEREST.

(B)      THE GENERAL ASSEMBLY FURTHER FINDS THAT WHERE
CONTAMINATION OF GROUNDWATER HAS OCCURRED DUE TO LEAKING
UNDERGROUND OIL STORAGE TANKS, REMEDIAL MEASURES HAVE OFTEN BEEN
DELAYED FOR LONG PERIODS DUE TO HIGH COSTS OF SUCH REMEDIAL MEASURES.
THESE DELAYS RESULT IN THE CONTINUATION AND INTENSIFICATION OF THE
THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE, IN GREATER DAMAGES
TO THE ENVIRONMENT, AND IN SIGNIFICANTLY HIGHER COSTS TO CLEAN UP THE
CONTAMINATION AND REHABILITATE THE SITE.

(C)      THE GENERAL ASSEMBLY INTENDS THIS SUBTITLE TO PROVIDE
ADEQUATE FINANCIAL RESOURCES AND INCENTIVES FOR THE EXPEDITIOUS
CLEANUP AND REHABILITATION OF CONTAMINATED SITES WITHOUT DELAY.

4-703.

(A)     THIS SUBTITLE MAY NOT BE CONSTRUED AS ALTERING THE RIGHTS,
RESPONSIBILITIES, OR LIABILITIES OF A PARTY RESPONSIBLE FOR THE DISCHARGE
OF OIL.

(B)      THIS SUBTITLE IS NOT INTENDED TO PROVIDE EVIDENCE OF FINANCIAL
RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND OIL STORAGE
TANKS UNDER SUBTITLE I OF THE RESOURCE CONSERVATION AND RECOVERY ACT,
THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, OR ANY
OTHER FEDERAL LAW.

4-704.

(A)     THERE IS AN OIL CONTAMINATED SITE ENVIRONMENTAL CLEANUP
FUND.

(B)      THE FUND SHALL BE USED TO:

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