§342L-53  Cost recovery.  (a)  Whenevercosts have been incurred by the department in the undertaking of a responseaction or enforcement action with respect to the release of petroleum from anunderground storage tank or tank system, the owner or operator of the tank ortank system shall be liable to the federal government or the department forthese costs.  The liability under this subsection shall be construed to be thestandard of liability that obtains under section 311 of the Federal WaterPollution Control Act.

(b)  In seeking cost recovery, the departmentmay consider the amount of financial responsibility required to be maintainedpursuant to section 342L-36 and the factors considered in establishing theamount of financial responsibility pursuant to section 342L-36.

(c)  No indemnification, hold harmless, orsimilar agreement or conveyance shall be effective to transfer from the owneror operator of any underground storage tank or tank system or from any personwho may be liable for a release or threat of release under this section, to anyother person, the liability imposed under this section.  Nothing in thissubsection shall bar any agreement to insure, hold harmless, or indemnify aparty to such an agreement for any liability under this section.  Nothing inthis chapter shall bar a cause of action that an owner or operator or any otherperson subject to liability under this section, or a provider of financialassurance, has or would have, by reason of subrogation or otherwise against anyperson.

(d)  Moneys collected by the department as partof the cost recovery efforts pursuant to this section shall be deposited in theleaking underground storage tank fund established in section 342L-51. [L 1989,c 212, pt of §6; am L 1992, c 259, §32]