75-11-318. Powers and duties of board. (1) The board shall administer the petroleum tank release cleanup fund in accordance with the provisions of this part, including the payment of reimbursement to owners and operators.
     (2) The board shall determine whether to approve reimbursement of eligible costs under the provisions of 75-11-309(2), shall obligate money from the fund for approved costs, and shall act on requests for the guarantee of payments through the procedures and criteria provided in 75-11-309.
     (3) The board may conduct meetings, hold hearings, undertake legal action, and conduct other business that may be necessary to administer its responsibilities under this part. The board shall meet at least quarterly for the purpose of reviewing and approving claims for reimbursement from the fund and conducting other business as necessary.
     (4) The department shall provide staff support to the board as the department determines it is able. The board shall use the fund to pay:
     (a) for department staff used:
     (i) for the review or preparation of corrective action plans;
     (ii) for the oversight of corrective action undertaken by owners and operators for the purposes of this part; and
     (iii) for the review and processing of claims for reimbursement submitted by owners and operators under this part; and
     (b) for department of transportation staff used for the collection of the petroleum storage tank cleanup fee.
     (5) The board shall adopt rules to administer this part, including:
     (a) rules governing submission of claims by owners or operators to the department and board;
     (b) procedures for determining owners or operators who are eligible for reimbursement and determining the validity of claims;
     (c) procedures for the review and approval of corrective action plans;
     (d) procedures for conducting board meetings, hearings, and other business necessary for the implementation of this part;
     (e) the criteria and reimbursement rates applicable to those owners and operators who comply with a violation letter issued by the department; and
     (f) other rules necessary for the administration of this part.
     (6) The board may apply for, accept, and repay loans from the board of investments pursuant to 17-6-225.

     History: En. Sec. 9, Ch. 528, L. 1989; amd. Sec. 5, Ch. 763, L. 1991; amd. Sec. 4, Ch. 115, L. 1997; amd. Sec. 2, Ch. 259, L. 1999; amd. Sec. 2, Ch. 112, L. 2001.