41-4912. STORAGE TANKS ELIGIBLE FOR INSURANCE. (1) Eligible storage tanks are those tanks that meet all of the following criteria:
(a) Appropriate fees required in section 41-4909, Idaho Code, or section 41-4911A, Idaho Code, have been paid;
(b) The tank, if an underground storage tank, is in compliance with applicable federal and state underground storage tank rules and regulations;
(c) The tank is used only for storage of petroleum products;
(d) The tank, if an underground storage tank, passes a tank tightness test;
(e) The tank, if an aboveground storage tank, is in compliance with state and federal rules and regulations including the international fire code. If an aboveground tank is exempt from state or federal rules and regulations and/or the international fire code by virtue of its being installed prior to the effective date of such rules and regulations or the international fire code, such tank is not eligible unless it passes a tank tightness test;
(f) The tank, if a farm tank or residential tank, is in compliance with any applicable state or federal rules and regulations;
(g) Any contamination caused by or released by or from the tank has been cleaned up, or a plan for cleanup or removal approved by the Idaho department of environmental quality, is being implemented; provided, however, that the trust fund shall not pay for any costs associated with prior contamination.
(2) Any tank which is a part of a refiner’s terminal or a tank directly supplied by a pipeline shall not be eligible.
History:
[(41-4912) 41-4911, added 1990, ch. 119, sec. 1, p. 277; am. 1991, ch. 59, sec. 9, p. 127; am. 1996, ch. 425, sec. 1, p. 1452; am. 2001, ch. 103, sec. 77, p. 317; am. 2002, ch. 86, sec. 10, p. 203; am. & redesig. 2003, ch. 96, sec. 13, p. 296.]
Structure Idaho Code
Chapter 49 - PETROLEUM CLEAN WATER TRUST FUND ACT
Section 41-4901 - SHORT TITLE.
Section 41-4902 - LEGISLATIVE FINDINGS AND INTENT.
Section 41-4903 - DEFINITIONS.
Section 41-4904 - BOARD OF TRUSTEES OF THE FUND.
Section 41-4906 - LIMITS OF LIABILITY FOR CONTRACTS OF INSURANCE ISSUED BY THE ADMINISTRATOR.
Section 41-4907 - OWNER OR OPERATOR FINANCIAL RESPONSIBILITY.
Section 41-4908 - EXCLUSIVENESS OF REMEDY.
Section 41-4910 - DISTRIBUTION OF APPLICATION FEES AND TRANSFER FEES.
Section 41-4911A - PROVISIONS OF CONTRACTS OF INSURANCE — RENEWAL.
Section 41-4912 - STORAGE TANKS ELIGIBLE FOR INSURANCE.
Section 41-4912A - STORAGE TANKS LOCATED ON SITES WHERE CONTAMINATION IS PRESENT.
Section 41-4913 - STATE TREASURER CUSTODIAN OF TRUST FUND — DUTIES.
Section 41-4914 - DEPOSIT AND INVESTMENT OF FUNDS — INTEREST.
Section 41-4915 - PERPETUAL APPROPRIATION.
Section 41-4916 - ENROLLED SUBSCRIBERS’ LIABILITY ON JUDGMENT.
Section 41-4918 - CANCELLATION OF INSURANCE.
Section 41-4919 - REINSURANCE.
Section 41-4920 - PAYMENTS FROM THE TRUST FUND BY STATE TREASURER.
Section 41-4921 - RESERVE FUNDS.
Section 41-4922 - PLAN OF OPERATION.
Section 41-4923 - REGISTRATION OF THE TRUST FUND.
Section 41-4924 - QUALIFICATIONS FOR REGISTRATION.
Section 41-4925 - APPLICATION FOR REGISTRATION — FEE.
Section 41-4925A - AMENDMENTS TO PLAN OF OPERATION.
Section 41-4926 - GRANT OR DENIAL OF REGISTRATION.
Section 41-4927 - BYLAWS OF THE FUND.
Section 41-4928 - RECORDS AND ACCOUNTS — ANNUAL STATEMENT.
Section 41-4929 - MANAGEMENT CONTRACT WITH THE ADMINISTRATOR — MANDATORY PROVISIONS.
Section 41-4930 - EXISTING INSURANCE LAWS TO APPLY TO THE TRUST FUND WITH CERTAIN EXCEPTIONS.
Section 41-4932 - EXAMINATION OF BOOKS, RECORDS AND ACCOUNTS.
Section 41-4933 - ADMINISTRATOR — FIDELITY BONDS.
Section 41-4934 - PROHIBITED PECUNIARY INTERESTS IN PLAN MANAGEMENT.
Section 41-4935 - POLITICAL CONTRIBUTIONS PROHIBITED.
Section 41-4936 - RECOVERY OF DEPLETED FUNDS.
Section 41-4937 - IMPAIRED TRUST FUND.
Section 41-4938 - LIQUIDATION OF TRUST FUND.
Section 41-4939 - VOUCHERS FOR EXPENDITURES.
Section 41-4940 - BORROWED SURPLUS AND SUBORDINATED INDEBTEDNESS.
Section 41-4942 - RULES — DIRECTOR — DEPARTMENT OF INSURANCE.
Section 41-4943 - APPLICATION OF CHAPTER.