19-6-426 - Limitation of liability of state -- Liability of responsible parties -- Indemnification agreement involving responsible parties.
19-6-426. Limitation of liability of state -- Liability of responsible parties --Indemnification agreement involving responsible parties.
(1) This part is not intended to create an insurance program.
(2) The fund established in this part shall only provide funds to finance costs forresponsible parties who meet the requirements of this part when releases from petroleum storagetanks occur.
(3) The assets of the fund, if any, are the sole source of money to pay claims against thefund.
(4) The state is not liable for:
(a) any amounts payable from the fund for which the fund does not have sufficient assets;
(b) any expenses or debts of the fund; or
(c) any claim arising from the creation, management, rate-setting, or any other activitypertaining to the fund.
(5) The responsible parties are liable for any costs associated with any release from theunderground storage tank system.
(6) This part does not preclude a responsible party from enforcing or recovering underany agreement or contract for indemnification associated with a release from the tank or frompursuing any other legal remedies that may be available against any party.
(7) If any payment is made under this part, the fund shall be subrogated to all theresponsible parties' rights of recovery against any person or organization and the responsibleparties shall execute and deliver instruments and papers and do whatever else is necessary tosecure the rights. The responsible parties shall do nothing after a release is discovered toprejudice the rights. In the event of recovery by the fund, any amount recovered shall first beused to reimburse the responsible parties for costs they are required to pay pursuant to Section19-6-419.
(8) Parties who elect to participate in the fund do so subject to the conditions andlimitations in this section and in this part.
Amended by Chapter 172, 1997 General Session