SB 0828 Allows Creditor Access To Underground Tank Fund
LR Number:S3151.03I Fiscal Note:3151-03
Committee:Commerce and Environment
Last Action:02/13/96 - Hearing Conducted S Commerce & Environment Committee
Effective Date:August 28, 1996
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Current Bill Summary

SB 828 - This act modifies Chapter 319, RSMo, the Underground Storage Tank Insurance Fund (hereinafter "Fund").

Section 319.131.3, RSMo, has been modified to allow a commercial creditor to become a "successor in interest" to a debtor who participates in the Fund. The commercial creditor is allowed to "cure any of the debtor's defaults in payments required by the" Fund.

The last sentence in Section 319.131.5, RSMo, has been deleted. This section stated that "Money from the fund shall not be expended for cleanup of releases being remediated prior to August 28, 1989".

Section 319.131.9, RSMo, has been modified to address remedial action plans (hereinafter "Plan"). The new language gives the Department of Natural Resources (hereinafter "DNR") forty-five days to either "approve, modify or disapprove" the Plan. If DNR takes no action within forty-five days, the person may proceed with the Plan. A modification or disapproval of the Plan by DNR must include "specific recommendations for appropriate cleanup which takes into consideration cost efficient cleanup procedures and other relevant factors".

A person who receives Plan approval from DNR may thereafter submit a request for the approval and payment of Plan expenses. DNR must act upon this request within forty-five days. If DNR takes no action, the person may proceed with the Plan expenses. Plan payments must be made by DNR at least monthly until the insurance funds are exhausted.

Lastly, new language is added regarding the bidding of remediation and consultant expenses.