65-34,120.Liability of state and its officers and employeeslimited; fund liability limits.(a) Nothing in this act shall establish or create anyliability or responsibility on the part of the secretary, thedepartment or its agents or employees, or the state of Kansas to pay anycorrective action costs from any source other than the respective fundcreated by thisact.
(b) In no event shall the underground fund be liable for the paymentof correctiveaction costs in an amount in excess of the following, less any applicabledeductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from anunderground petroleum storage tank, $1,000,000;
(2) subject to the provisions of subsection (a)(4), for an owner oroperator of 100 or fewer underground petroleumstorage tanks, an annual aggregate of $1,000,000; and
(3) subject to the provisions of subsection (a)(4), for an owner oroperator of more than 100 underground petroleumstorage tanks, an annual aggregate of $2,000,000.
(c) In no event shall the aboveground fund be liable for the payment ofcorrective action costs in an amount in excess of the following, less thedeductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from an abovegroundpetroleum storage tank, $1,000,000;
(2) for an owner or operator of 100 or fewer aboveground petroleum storagetanks, an annual aggregate of $1,000,000; and
(3) for an owner or operator of more than 100 aboveground petroleumstorage tanks, an annual aggregate of $2,000,000.
(d) This act is intended to assist an owner or operatoronly to the extentprovided for in this act, and it is in no way intended to relieve the owneror operator of any liability that cannot be satisfiedby the provisions of this act.
(e) Neither the secretary nor the state of Kansas shall have anyliability or responsibility to make any payments for corrective action ifthe respective fund created herein is insufficient to do so. In the eventthe respective fund isinsufficient to make the payments at the time the claim is filed, suchclaims shall be paid in the order of filing at such time as moneys are paidinto the respective fund.
(f) No common-law liability, and no statutory liability which isprovided in a statute other than in this act, for damages resulting from arelease from a petroleum storage tank is affected bythis act. Theauthority, power and remedies provided in this act are in addition to anyauthority, power or remedy provided in any statute other than a section ofthis act or provided at common law.
(g) If a person conducts a corrective action activity inresponse to arelease from a petroleum storage tank, whether or notthe person files aclaim against the respective fund under this act, the claim and correctiveactionactivity conducted are not evidence of liability or an admission ofliability for any potential or actual environmental pollution or third-partyclaim.
65-34,120.Liability of state and its officers and employeeslimited; fund liability limits.(a) Nothing in this act shall establish or create anyliability or responsibility on the part of the secretary, thedepartment or its agents or employees, or the state of Kansas to pay anycorrective action costs from any source other than the respective fundcreated by thisact.
(b) In no event shall the underground fund be liable for the paymentof correctiveaction costs in an amount in excess of the following, less any applicabledeductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from anunderground petroleum storage tank, $1,000,000;
(2) subject to the provisions of subsection (a)(4), for an owner oroperator of 100 or fewer underground petroleumstorage tanks, an annual aggregate of $1,000,000; and
(3) subject to the provisions of subsection (a)(4), for an owner oroperator of more than 100 underground petroleumstorage tanks, an annual aggregate of $2,000,000.
(c) In no event shall the aboveground fund be liable for the payment ofcorrective action costs in an amount in excess of the following, less thedeductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from an abovegroundpetroleum storage tank, $1,000,000;
(2) for an owner or operator of 100 or fewer aboveground petroleum storagetanks, an annual aggregate of $1,000,000; and
(3) for an owner or operator of more than 100 aboveground petroleumstorage tanks, an annual aggregate of $2,000,000.
(d) This act is intended to assist an owner or operatoronly to the extentprovided for in this act, and it is in no way intended to relieve the owneror operator of any liability that cannot be satisfiedby the provisions of this act.
(e) Neither the secretary nor the state of Kansas shall have anyliability or responsibility to make any payments for corrective action ifthe respective fund created herein is insufficient to do so. In the eventthe respective fund isinsufficient to make the payments at the time the claim is filed, suchclaims shall be paid in the order of filing at such time as moneys are paidinto the respective fund.
(f) No common-law liability, and no statutory liability which isprovided in a statute other than in this act, for damages resulting from arelease from a petroleum storage tank is affected bythis act. Theauthority, power and remedies provided in this act are in addition to anyauthority, power or remedy provided in any statute other than a section ofthis act or provided at common law.
(g) If a person conducts a corrective action activity inresponse to arelease from a petroleum storage tank, whether or notthe person files aclaim against the respective fund under this act, the claim and correctiveactionactivity conducted are not evidence of liability or an admission ofliability for any potential or actual environmental pollution or third-partyclaim.
65-34,120.Liability of state and its officers and employeeslimited; fund liability limits.(a) Nothing in this act shall establish or create anyliability or responsibility on the part of the secretary, thedepartment or its agents or employees, or the state of Kansas to pay anycorrective action costs from any source other than the respective fundcreated by thisact.
(b) In no event shall the underground fund be liable for the paymentof correctiveaction costs in an amount in excess of the following, less any applicabledeductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from anunderground petroleum storage tank, $1,000,000;
(2) subject to the provisions of subsection (a)(4), for an owner oroperator of 100 or fewer underground petroleumstorage tanks, an annual aggregate of $1,000,000; and
(3) subject to the provisions of subsection (a)(4), for an owner oroperator of more than 100 underground petroleumstorage tanks, an annual aggregate of $2,000,000.
(c) In no event shall the aboveground fund be liable for the payment ofcorrective action costs in an amount in excess of the following, less thedeductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from an abovegroundpetroleum storage tank, $1,000,000;
(2) for an owner or operator of 100 or fewer aboveground petroleum storagetanks, an annual aggregate of $1,000,000; and
(3) for an owner or operator of more than 100 aboveground petroleumstorage tanks, an annual aggregate of $2,000,000.
(d) This act is intended to assist an owner or operatoronly to the extentprovided for in this act, and it is in no way intended to relieve the owneror operator of any liability that cannot be satisfiedby the provisions of this act.
(e) Neither the secretary nor the state of Kansas shall have anyliability or responsibility to make any payments for corrective action ifthe respective fund created herein is insufficient to do so. In the eventthe respective fund isinsufficient to make the payments at the time the claim is filed, suchclaims shall be paid in the order of filing at such time as moneys are paidinto the respective fund.
(f) No common-law liability, and no statutory liability which isprovided in a statute other than in this act, for damages resulting from arelease from a petroleum storage tank is affected bythis act. Theauthority, power and remedies provided in this act are in addition to anyauthority, power or remedy provided in any statute other than a section ofthis act or provided at common law.
(g) If a person conducts a corrective action activity inresponse to arelease from a petroleum storage tank, whether or notthe person files aclaim against the respective fund under this act, the claim and correctiveactionactivity conducted are not evidence of liability or an admission ofliability for any potential or actual environmental pollution or third-partyclaim.
