§342L-53  Cost recovery.  (a)  Whenever
costs have been incurred by the department in the undertaking of a response
action or enforcement action with respect to the release of petroleum from an
underground storage tank or tank system, the owner or operator of the tank or
tank system shall be liable to the federal government or the department for
these costs.  The liability under this subsection shall be construed to be the
standard of liability that obtains under section 311 of the Federal Water
Pollution Control Act.



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



(c)  No indemnification, hold harmless, or
similar agreement or conveyance shall be effective to transfer from the owner
or operator of any underground storage tank or tank system or from any person
who may be liable for a release or threat of release under this section, to any
other person, the liability imposed under this section.  Nothing in this
subsection shall bar any agreement to insure, hold harmless, or indemnify a
party to such an agreement for any liability under this section.  Nothing in
this chapter shall bar a cause of action that an owner or operator or any other
person subject to liability under this section, or a provider of financial
assurance, has or would have, by reason of subrogation or otherwise against any
person.



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