Nothing in the Ground Water Protection Act establishes or creates any liability or responsibility on the part of the department or the state to pay corrective action costs from any source other than the corrective action fund, in the manner described, nor shall the department or the state have any liability or responsibility to make any payments for corrective action costs if the balance in the fund is insufficient to cover those costs.
History: 1978 Comp., § 74-6B-14, enacted by Laws 1992, ch. 64, § 11.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Application of statute of limitations in private tort actions based on injury to persons or property caused by underground flow of contaminants, 11 A.L.R.5th 438.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 6B - Ground Water Protection
Section 74-6B-1 - Short title.
Section 74-6B-2 - Findings; purpose of act.
Section 74-6B-3 - Definitions.
Section 74-6B-4 - Storage tank committee; creation; terms; powers and duties.
Section 74-6B-5 - Department's right of entry and inspection.
Section 74-6B-6 - Civil liability for damage to property from leaking storage tank.
Section 74-6B-7 - Corrective action fund created; authorization for expenditures.
Section 74-6B-8 - Liability; cost recovery.
Section 74-6B-9 - Storage tank fee; deposit in storage tank fund.
Section 74-6B-10 - Act does not create insurance company or fund.
Section 74-6B-13 - Payment program.
Section 74-6B-13.1 - Repealed.
Section 74-6B-14 - State liability; insufficient balance in the fund.