§ 46-12.7-8.1 Expenditure of fund money.– (a) The director may only expend money from the fund for post-spill activitieswhen a discharge of oil has occurred, or the threat of a discharge has led thestate to take appropriate response, or for pre-spill activities and research,development, and monitoring activities if the following determinations havebeen made:
(1) A responsible party does not exist or the responsibleparty is unable or unwilling to provide adequate and timely cleanup or to payfor the damages resulting from the spill. The director shall make a reasonableeffort to have the responsible party remove the oil or agree to pay for anyactions resulting from the spill that may be required by law.
(2) Federal oil spill funds are not available or will not beavailable in an adequate period of time. Notwithstanding this paragraph, thedirector may expend money from the fund for authorized expenditures when areimbursement procedure is in place to receive reimbursements from federal oilspill funds.
(b) Disbursements may be made from the fund for the followingpurposes:
(1) Administrative expenses, personnel expenses and equipmentcosts of the department related to the enforcement of this chapter;
(2) All costs, including without limitation personnelundertaking oil spill response activities and equipment expenses, involved inthe removal of oil, the abatement of pollution and the implementation ofremedial measures including restoration of water supplies, related to therelease of oil, petroleum products, and their by-products;
(3) Payment of all damage claims awarded in accordance withthis section;
(4) Payment of costs of arbitration and arbitrators inaccordance with this section;
(5) Payment of costs of insurance by the state to extend orimplement the benefits of the fund; and
(6) Payment of costs for the collection of overduereimbursements.
§ 46-12.7-8.1 Expenditure of fund money.– (a) The director may only expend money from the fund for post-spill activitieswhen a discharge of oil has occurred, or the threat of a discharge has led thestate to take appropriate response, or for pre-spill activities and research,development, and monitoring activities if the following determinations havebeen made:
(1) A responsible party does not exist or the responsibleparty is unable or unwilling to provide adequate and timely cleanup or to payfor the damages resulting from the spill. The director shall make a reasonableeffort to have the responsible party remove the oil or agree to pay for anyactions resulting from the spill that may be required by law.
(2) Federal oil spill funds are not available or will not beavailable in an adequate period of time. Notwithstanding this paragraph, thedirector may expend money from the fund for authorized expenditures when areimbursement procedure is in place to receive reimbursements from federal oilspill funds.
(b) Disbursements may be made from the fund for the followingpurposes:
(1) Administrative expenses, personnel expenses and equipmentcosts of the department related to the enforcement of this chapter;
(2) All costs, including without limitation personnelundertaking oil spill response activities and equipment expenses, involved inthe removal of oil, the abatement of pollution and the implementation ofremedial measures including restoration of water supplies, related to therelease of oil, petroleum products, and their by-products;
(3) Payment of all damage claims awarded in accordance withthis section;
(4) Payment of costs of arbitration and arbitrators inaccordance with this section;
(5) Payment of costs of insurance by the state to extend orimplement the benefits of the fund; and
(6) Payment of costs for the collection of overduereimbursements.
§ 46-12.7-8.1 Expenditure of fund money.– (a) The director may only expend money from the fund for post-spill activitieswhen a discharge of oil has occurred, or the threat of a discharge has led thestate to take appropriate response, or for pre-spill activities and research,development, and monitoring activities if the following determinations havebeen made:
(1) A responsible party does not exist or the responsibleparty is unable or unwilling to provide adequate and timely cleanup or to payfor the damages resulting from the spill. The director shall make a reasonableeffort to have the responsible party remove the oil or agree to pay for anyactions resulting from the spill that may be required by law.
(2) Federal oil spill funds are not available or will not beavailable in an adequate period of time. Notwithstanding this paragraph, thedirector may expend money from the fund for authorized expenditures when areimbursement procedure is in place to receive reimbursements from federal oilspill funds.
(b) Disbursements may be made from the fund for the followingpurposes:
(1) Administrative expenses, personnel expenses and equipmentcosts of the department related to the enforcement of this chapter;
(2) All costs, including without limitation personnelundertaking oil spill response activities and equipment expenses, involved inthe removal of oil, the abatement of pollution and the implementation ofremedial measures including restoration of water supplies, related to therelease of oil, petroleum products, and their by-products;
(3) Payment of all damage claims awarded in accordance withthis section;
(4) Payment of costs of arbitration and arbitrators inaccordance with this section;
(5) Payment of costs of insurance by the state to extend orimplement the benefits of the fund; and
(6) Payment of costs for the collection of overduereimbursements.
