(a) This subpart applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this section.
(b) Owners and operators of petroleum UST systems are subject to these requirements in accordance with § 280.91.
(c) State and Federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are exempt from the requirements of this subpart.
(d) The requirements of this subpart do not apply to owners and operators of any UST system described in § 280.10(b), (c)(1), (c)(3), or (c)(4).
(e) If the owner and operator of a petroleum underground storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance.
Notes of Decisions
Mid-Continent Cas. Co. v. King, 552 F. Supp. 2d 1309 (N.D. Fla. 2008).
· cites it 2× “40 C.F.R. 280.90, Subpart H; 280.93(a). The owner or operator of a facility, or individual tanks, if of different ownership, shall demonstrate financial responsibility .”
Federated Mut. Ins. Co. v. Germany, 712 So. 2d 1245 (Fla. 5th DCA 1998).
“These cancellation provisions were amended by an endorsement, which was added to comply with the requirements of Chapter 376 of the Florida Statutes, and which the policy stated was to be interpreted as providing the coverage required by 40 CFR 280.90 280.11. The endorsement…”
Diamond Shamrock Refining & Mktg. Co. v. Colorado Dep't of Labor & Emp., 976 P.2d 286 (Colo. Ct. App. 1998).
“40 C.F.R. § 280.90 — 280.116 (1988). 2. In light of this history, we conclude that the Department was acting within its statutory authority in establishing a reimbursement eligibility cut-off date of December 22, 1988, for owners and operators of leaking petroleum tanks.”
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