Section 414.035

Title XXVI TRADE AND COMMERCE

Chapter 414

Effective - 28 Aug 2006   

  414.035.  Financial responsibility for fuel tank storage and piping — exceptions — rulemaking authority. — 1.  Any person who manufacturers an aboveground or underground fuel storage tank for use in this state, or piping for such tank, or who installs or repairs such tanks or piping in this state, shall maintain evidence of financial responsibility in an amount equal to or greater than one million dollars per occurrence and two million dollars annual aggregate for the costs of corrective action directly related to releases caused by improper manufacture, installation, or repair of such tank or piping.

  2.  The requirement set forth in subsection 1 of this section shall not apply to the installation or repairs of fuel tanks or piping by the owner or operator of such fuel tank or piping.

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

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

  5.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

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(L. 2006 S.B. 1020)