SECTION 165:27-7-7. Exclusions from reimbursement

(a)   Tanks and/or systems owned or operated by the federal government are not eligible for reimbursement from the Fund.

(b)   Tanks or systems are not eligible if owned or operated by a Class I Railroad.

(c)   No reimbursement shall be made by the Indemnity Fund to any person who has received, or is eligible, for reimbursement from any other state or federal agency, insurance company, or third party payor for the corrective action taken or to any person for the same cost.

(d)   No reimbursement shall be made for loss of time.

(e)   No reimbursement shall be made for loss of business and taking of property associated with the corrective action.

(f)   No reimbursement shall be made for punitive damages from civil actions resulting from the eligible release.

(g)   No reimbursement shall be made for attorney's or legal fees incurred by or rendered against an eligible person for any reason associated with the release case.

(h)   No reimbursement shall be made for associated but non-integral costs of the corrective action such as but not limited to costs of renovating, removing or disposing of tanks and other such related items.

(i)   No reimbursement shall be made for releases from storage tank systems on Individual Allottee Indian Trust lands or Tribal Trust lands.

(j)   No reimbursement shall be made for costs incurred prior to confirmation of release or SOR investigation unless costs of an emergency response are approved in advance by the PSTD.

(k)   No reimbursement shall be made to an otherwise ineligible person, or for a release of regulated substances that cannot be tied back to an existing or former storage tank system, or for non-regulated petroleum storage tank system releases or releases of non-regulated substances.

(l)   No reimbursement for corrective action costs will be made for the portion of PSTD-regulated releases commingled with non-regulated substances.

[Source: Added at 9 Ok Reg 2315, eff 6-25-92; Amended at 12 Ok Reg 2069, eff 7-1-95; Amended at 22 Ok Reg 1775, eff 7-1-05; Amended at 23 Ok Reg 1661, eff 7-1-06; Amended at 26 Ok Reg 1836, eff 7-1-09; Amended at 30 Ok Reg 589, eff 7-1-13; Amended at 31 Ok Reg 1013, eff 9-12-14]