Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part XI - Underground Storage Tanks › Chapter 11 - Financial Responsibility › Section XI-1121 - Use of the Motor Fuels Underground Storage Tank Trust Fund

Current through Register Vol. 50, No. 6, June 20, 2024
The administrative authority was authorized by R.S.
				  30:2194-2195.10 to receive and administer the motor fuels underground storage
				  tank trust fund (MFUSTTF) to provide financial responsibility for owners and/or
				  operators of underground motor fuel storage tanks. Under the conditions
				  described in this Section, an owner and/or operator who is eligible for
				  participation in the MFUSTTF may use this mechanism to fulfill the financial
				  responsibility requirements for eligible USTs. To use the MFUSTTF as a
				  mechanism for meeting the requirements of LAC 33:XI.1107, the owner and/or
				  operator shall be an
eligible participant
as defined in
				  Subsection A of this Section.
A.
				Definitions. The following terms shall have the meanings ascribed to them as
				used in this Section.
Advisory Board
- the Motor Fuels Underground
				  Storage Tank Trust Fund Advisory Board (established under
				  R.S.
				  30:2195.8), whose eight members consist of
				  the following:
a. the Secretary of the
				Department of Environmental Quality or his designee;
b. four members appointed by the president of
				the Louisiana Oil Marketers and Convenience Store Association;
c. one member appointed by the Mid-Continent
				Oil and Gas Association; and
d. two
				members appointed by the secretary who represent the response action contractor
				community.
Eligible Participant
-any owner of an
				  operating or newly-installed underground storage tank who has registered the
				  tank with the department prior to the date of a release, has paid the annual
				  tank registration fees along with any late payment fees, has met the financial
				  responsibility requirements imposed by Subsection B of this Section, and, if
				  applicable, has met the noncompliance financial responsibility amounts provided
				  in
				  R.S.
				  30:2195.10.
Motor Fuels Underground Storage Tank
-a UST
				  used only to contain an accumulation of motor fuels.
Substantial Compliance
-Repealed.
Third-Party Claim
-any civil action brought
				  or asserted by any person against the secretary of the department and any owner
				  of any underground storage tank for damages to person or property when damages
				  are the direct result of the contamination of groundwater and/or subsurface
				  soils by motor fuels released during operation of storage tanks that were being
				  operated in substantial compliance as provided for in this Section. The term
				  damages to person shall be limited to damages arising directly out of the
				  ingestion or inhalation of petroleum constituents from water well contamination
				  or inhalation of petroleum constituents seeping into homes or buildings, and
				  the term damages to property shall be limited to the unreimbursed costs of a
				  response action and the amount by which property is proven to be permanently
				  devalued as a result of the release.