49-1073

49-1073. County and municipal tank closure and
corrective action program; account

A. The county and municipal tank closure and corrective action program
account is established within the department. The director shall administer the account.
Monies in the account shall be used only for the purpose of providing assistance pursuant
to this section. Counties, only with respect to unincorporated areas of this state, and
incorporated cities and towns are eligible to receive monies from the account. The
account is exempt from the provisions of section 35-190, relating to the lapsing of
appropriations. Interest earned on monies in the account shall be credited to the
account. The account consists of monies from the following sources:

1. Monies transferred from the grant account established pursuant to section
49-1071, subsection A.

2. Monies appropriated by the legislature.

3. Gifts, grants or donations.

B. Monies in the county and municipal tank closure and corrective action program
account shall be used by the director to perform permanent closure on underground storage
tanks and required corrective action on releases from underground storage tanks
discovered during the permanent closure only to the extent that the activities are not
eligible for or within the coverage limits of section 49-1054. Permanent closure shall be
performed pursuant to section 49-1008 and any required corrective action shall be
performed pursuant to section 49-1005 and the rules adopted pursuant to those sections.
Monies from the county and municipal tank closure and corrective action program account
may be used for closure of underground storage tanks that are not the source of a
release.

C. The director shall perform underground storage tank closure and required
corrective action pursuant to this section until monies in the county and municipal tank
closure and corrective action program account are depleted. When monies in the county and
municipal tank closure and corrective action program account are depleted, all
underground storage tank closure and required corrective action activities performed or
to be performed pursuant to this section shall cease. The director may continue to
perform corrective action pursuant to section 49-1017, subsection A on releases
discovered during permanent closure undertaken pursuant to this section.

D. Incorporated cities and towns are eligible for participation in the county and
municipal tank closure and corrective action program pursuant to this section if both of
the following conditions are satisfied:

1. The city or town has a population of less than fifteen thousand persons.

2. The person who owns a property or the person with principal control of a
property or an underground storage tank, located within the city or town, that appears on
the list required by subsection F, paragraph 1 of this section is not an owner or
operator of the underground storage tank and an owner or operator of the underground
storage tank cannot be located pursuant to section 49-1017, subsection A, paragraph 1.

E. A county is eligible for participation in the county and municipal tank closure
and corrective action program pursuant to this section if the requirements of subsection
D, paragraph 2 of this section are met with respect to property or an underground storage
tank located within the unincorporated area of the county.

F. A county, city or town that requests participation pursuant to this section
shall submit a written request to the department that contains all of the following:

1. A list of each underground storage tank and underground storage tank site that
meets the requirements of subsections D and E of this section and that is to be
considered for eligibility for closure activities under this program. The list shall
identify the property owner or person with control of the property or underground storage
tank, the address of the underground storage tank site and the person to be the contact
with the department for the property owner or person with control of the property or
underground storage tank.

2. A statement from the county, city or town that available public records have
been searched and the owner or operator of the underground storage tank on the list
submitted pursuant to paragraph 1 of this subsection cannot be located. A list of the
specific documents searched by the county, city or town shall be included.

3. Evidence that the property owner or person with control of the property or the
underground storage tank has consented to the closure and any required corrective action
associated with the underground storage tank and has granted the department access to the
underground storage tank site.

4. The name, telephone number and address of the person at the county, city or town
who will be responsible for coordinating the request with the department.

5. A completed notification for underground storage tanks form for each underground
storage tank proposed for closure under the program.

G. The director shall consider requests from counties, cities and towns in the
order received by the department. Subject to the availability of monies in the account
established pursuant to subsection A of this section and the priorities established by
this subsection, the director shall select those underground storage tank sites where
permanent closure and required corrective action on a release from an underground storage
tank are to be performed. The department shall issue a determination to the county, city
or town making the request within one hundred twenty days after receiving the request. A
determination by the director pursuant to this section does not constitute an appealable
agency action as defined in section 41-1092. The department shall reimburse from the
account each county, city or town for the actual costs incurred in preparing the request
selected by the director pursuant to this subsection, but not more than fifteen thousand
dollars per county, city or town, regardless of how many requests are made. The director
shall prioritize those underground storage tank sites where permanent closure and
required corrective action on releases from the underground storage tank may be
performed, based on all of the following criteria:

1. Compliance of the submitted request by the county, city or town with the
requirements of subsections D, E and F of this section.

2. Releases that pose a threat to human health and welfare and the environment in
the area where the underground storage tank is located.

3. The reduction of threat to human health and welfare and the environment from
closure of the underground storage tank or performance of corrective action on a release
from the underground storage tank.

4. The relationship between releases in the area and the underground storage tank.

5. Other site-specific conditions determined by the director.

H. On the department's completion of closure pursuant to section 49-1008 and, if
required, corrective action pursuant to section 49-1005 and the rules adopted pursuant to
those sections, the director shall issue a letter to the affected persons and the county,
city or town that the requirements were met.

I. The director shall not provide any coverage, and the county and municipal tank
closure and corrective action program account is not liable, for compensating third
parties for bodily injury or property damage caused by closure activities, corrective
action activities or releases from underground storage tanks.