68-215-115. Recovery of costs by state Apportionment of liability.
(a) Making use of any and all appropriate existing state legal remedies, the commissioner may commence court action to recover the amount expended by the state from any and all responsible parties for each site investigated, identified, contained or cleaned up, or for which a third-party claim has been paid, either up to the limits of the deductible for owners or operators, or both, of petroleum underground storage tanks covered by the fund or the entire amount from owners or operators, or both, of petroleum underground storage tanks not covered by the fund.
(b) In any action under this chapter or any other law, no responsible party shall be liable for more than that party's apportioned share of the amount expended from the fund for such site. The responsible party has the burden of proving such party's apportioned share. Such apportioned share shall be based solely on the liable party's portion of the total volume of the petroleum at the petroleum site at the time of action under this chapter. Any expenditures required by the provisions of this chapter made by a responsible party (before or after suit) shall be credited toward any such apportioned share.
(c) In no event shall the total moneys recovered from the responsible party or parties exceed the total expenditure from the fund for each site.
(d) Any party found liable for any costs or expenditures recoverable under this chapter who establishes by a preponderance of evidence that only a portion of such costs or expenditures are attributable to such party's actions shall be required to pay only for such portion.
(e) If the trier of the fact finds evidence insufficient to establish such party's portion of costs or expenditures in such a cost recovery, the court shall apportion such costs or expenditures among the defendants, to the extent practicable, according to equitable principles.
68-215-115. Recovery of costs by state Apportionment of liability.
(a) Making use of any and all appropriate existing state legal remedies, the commissioner may commence court action to recover the amount expended by the state from any and all responsible parties for each site investigated, identified, contained or cleaned up, or for which a third-party claim has been paid, either up to the limits of the deductible for owners or operators, or both, of petroleum underground storage tanks covered by the fund or the entire amount from owners or operators, or both, of petroleum underground storage tanks not covered by the fund.
(b) In any action under this chapter or any other law, no responsible party shall be liable for more than that party's apportioned share of the amount expended from the fund for such site. The responsible party has the burden of proving such party's apportioned share. Such apportioned share shall be based solely on the liable party's portion of the total volume of the petroleum at the petroleum site at the time of action under this chapter. Any expenditures required by the provisions of this chapter made by a responsible party (before or after suit) shall be credited toward any such apportioned share.
(c) In no event shall the total moneys recovered from the responsible party or parties exceed the total expenditure from the fund for each site.
(d) Any party found liable for any costs or expenditures recoverable under this chapter who establishes by a preponderance of evidence that only a portion of such costs or expenditures are attributable to such party's actions shall be required to pay only for such portion.
(e) If the trier of the fact finds evidence insufficient to establish such party's portion of costs or expenditures in such a cost recovery, the court shall apportion such costs or expenditures among the defendants, to the extent practicable, according to equitable principles.
68-215-115. Recovery of costs by state Apportionment of liability.
(a) Making use of any and all appropriate existing state legal remedies, the commissioner may commence court action to recover the amount expended by the state from any and all responsible parties for each site investigated, identified, contained or cleaned up, or for which a third-party claim has been paid, either up to the limits of the deductible for owners or operators, or both, of petroleum underground storage tanks covered by the fund or the entire amount from owners or operators, or both, of petroleum underground storage tanks not covered by the fund.
(b) In any action under this chapter or any other law, no responsible party shall be liable for more than that party's apportioned share of the amount expended from the fund for such site. The responsible party has the burden of proving such party's apportioned share. Such apportioned share shall be based solely on the liable party's portion of the total volume of the petroleum at the petroleum site at the time of action under this chapter. Any expenditures required by the provisions of this chapter made by a responsible party (before or after suit) shall be credited toward any such apportioned share.
(c) In no event shall the total moneys recovered from the responsible party or parties exceed the total expenditure from the fund for each site.
(d) Any party found liable for any costs or expenditures recoverable under this chapter who establishes by a preponderance of evidence that only a portion of such costs or expenditures are attributable to such party's actions shall be required to pay only for such portion.
(e) If the trier of the fact finds evidence insufficient to establish such party's portion of costs or expenditures in such a cost recovery, the court shall apportion such costs or expenditures among the defendants, to the extent practicable, according to equitable principles.
