§ 6021.704. Underground Storage Tank Indemnification Fund
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: December 13, 2001
Effective: December 13, 2001
35 P.S. § 6021.704
§ 6021.704. Underground Storage Tank Indemnification Fund
(1) There is hereby created a special fund in the State Treasury to be known as the Underground Storage Tank Indemnification Fund. This fund shall consist of the fees assessed by the board under section 705(d),1 amounts recovered by the board due to fraudulent or improper claims or as penalties for failure to pay fees when due, and funds earned by the investment and reinvestment of the moneys collected. Moneys in the fund are hereby appropriated to the board for the purpose of making payments to owners, operators and certified tank installers of underground storage tanks who incur liability for taking corrective action or for bodily injury or property damage caused by a sudden or nonsudden release from underground storage tanks and for making loans to owners as authorized by this act. The fund shall be the sole source of payments under this act, and the Commonwealth shall have no liability beyond the amount of the fund. Every owner and certified tank installer of an underground storage tank shall demonstrate financial responsibility by participating in the Underground Storage Tank Indemnification Fund. The owner, operator or certified tank installer may obtain coverage for liability not insured by the fund through any of the methods approved in accordance with section 701(b).2
(3) Notwithstanding any general or specific powers granted to the board by this act, whether express or implied, the board shall have no power at any time or in any manner to pledge the credit or taxing power of the Commonwealth or any political subdivision. No obligations or liabilities of the board shall be deemed obligations or liabilities of the Commonwealth or of any of its political subdivisions. Nothing herein shall be deemed a waiver of sovereign immunity.
(4) Any pending claim where eligibility has not been determined as of the effective date of this paragraph3 shall be eligible for the increased payment under this subsection.
(1) Payments to certified tank installers shall be limited to the actual costs of corrective action and the amount of an award of damages by a court of competent jurisdiction for bodily injury, property damage or both, not to exceed a total of $1,500,000 per occurrence. Corrective action under this subsection shall mean releases caused by improper or faulty installations, modifications and removal of underground storage tanks.
(4) Any pending claim where eligibility has not been determined as of the effective date of this paragraph3 shall be eligible for the increased payment under this subsection.
(c) Prohibited uses.--Moneys in the fund shall not be used for the repair, replacement or maintenance of underground storage tanks or improvement of property on which the tanks are located unless the moneys are loaned by the board as an investment of fund moneys pursuant to section 712.4
Credits
1989, July 6, P.L. 169, No. 32, § 704, effective in 30 days. Amended 1992, Dec. 18, P.L. 1660, No. 184, § 3, imd. effective; 1995, June 26, P.L. 79, No. 16, § 8, effective in 60 days; 1998, Jan. 30, P.L. 46, No. 13, § 3, imd. effective; 2001, Dec. 13, P.L. 900, No. 99, § 1, imd. effective.
Footnotes
35 P.S. § 6021.705.
35 P.S. § 6021.701.
Subsec. (b.1)(4) added by 2001, Dec. 13, P.L. 900, No. 99, § 1, imd. effective.
35 P.S. § 6021.712.
35 P.S. § 6021.704, PA ST 35 P.S. § 6021.704
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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