414.036. Financial responsibility to be maintained, when--aboveground storage tank defined--rules. - Missouri Statutes

Financial responsibility to be maintained, when--aboveground storagetank defined--rules.

414.036. 1. After December 31, 2010, the owner or operator of anaboveground storage tank defined in subsection 2 of this section 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 taking corrective action and compensatingthird parties for bodily injury and property damage caused by sudden andnonsudden accidental releases arising from the operation of the tank.

2. For the purposes of this section, "aboveground storage tank" isdefined as any one or a combination of tanks, including pipes connectedthereto, used to contain an accumulation of petroleum and the volume ofwhich, including the volume of the aboveground pipes connected thereto, isninety percent or more above the surface of the ground, which is utilizedfor the sale of products regulated by this chapter. The term does notinclude those tanks described in paragraphs (a) to (k) of subdivision (16)of section 319.100, RSMo, nor does it include aboveground storage tanks atrefineries, petroleum pipeline terminals, or marine terminals.

3. Owners and operators may meet the requirements of this section byparticipating in the petroleum storage tank insurance fund created insection 319.129, RSMo, or by any other method approved by the department.

4. The department shall promulgate rules to implement the provisionsof this section. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all 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, 2008, shall beinvalid and void.

(L. 2008 S.B. 907)