414.035. Financial responsibility for fuel tank storage and piping--exceptions--rulemaking authority. - Missouri Statutes

Financial responsibility for fuel tank storage andpiping--exceptions--rulemaking authority.

414.035. 1. Any person who manufacturers an aboveground orunderground fuel storage tank for use in this state, or piping for suchtank, or who installs or repairs such tanks or piping in this state, shallmaintain evidence of financial responsibility in an amount equal to orgreater than one million dollars per occurrence and two million dollarsannual aggregate for the costs of corrective action directly related toreleases caused by improper manufacture, installation, or repair of suchtank or piping.

2. The requirement set forth in subsection 1 of this section shallnot apply to the installation or repairs of fuel tanks or piping by theowner or operator of such fuel tank or piping.

3. Evidence of financial responsibility shall be presented annuallyto the director of the department of agriculture.

4. The department of agriculture shall promulgate rules to implementthe provisions of this section.

5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2006, shall beinvalid and void.

(L. 2006 S.B. 1020)