75-11-308. Eligibility. (1) An owner or operator is eligible for reimbursement for the applicable percentage as provided in 75-11-307(4)(a) and (4)(b) of eligible costs caused by a release from a petroleum storage tank only if:
     (a) the release was discovered on or after April 13, 1989;
     (b) the department is notified of the release in the manner and within the time provided by law or rule;
     (c) the department has been notified of the existence of the tank in the manner required by department rule or has waived the requirement for notification;
     (d) the release was an accidental release; and
     (e) with the exception of the release, the operation and management of the tank complied with applicable state and federal laws and rules when the release occurred and remained in compliance following detection of the release.
     (2) An owner or operator is not eligible for reimbursement from the petroleum tank release cleanup fund for expenses caused by releases from the following petroleum storage tanks:
     (a) a tank located at a refinery or a terminal of a refiner;
     (b) a tank located at an oil and gas production facility;
     (c) a tank that is or was previously under the ownership or control of a railroad;
     (d) a tank belonging to the federal government;
     (e) a tank owned or operated by a person who has been convicted of a substantial violation of state or federal law or rule that relates to the installation, operation, or management of petroleum storage tanks; or
     (f) a mobile storage tank used to transport petroleum or petroleum products from one location to another.

     History: En. Sec. 4, Ch. 528, L. 1989; amd. Sec. 3, Ch. 389, L. 1991; amd. Sec. 4, Ch. 763, L. 1991; amd. Sec. 4, Ch. 339, L. 1993.