75-10-744. Eligibility -- statute of limitations. (1) Except for a facility that is listed on the national priorities list pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq., a facility listed on the priority list established pursuant to 75-10-702 is eligible for the allocation process under 75-10-742 through 75-10-751.

(2) Only liability for remedial action costs is eligible for allocation and reimbursement from the orphan share fund. Allocation of liability and reimbursement of costs for natural resource damages is not permitted under 75-10-742 through 75-10-751.

(3) Remedial action costs incurred prior to the date of the potentially liable person's written petition to the department as provided in 75-10-745 are not eligible for reimbursement from the orphan share fund.

(4) Only one allocation will be allowed for each facility unless:

(a) the department determines that an additional allocation is appropriate due to:

(i) the existence of more than one discrete unit of contamination at the facility;

(ii) the discovery of new releases after remedial actions at the facility are complete; or

(iii) other factors the department determines appropriate.

(b) all the liable or potentially liable persons under 75-10-715 agree in writing that an orphan share does not exist for the proposed allocation and either of the conditions in subsection (4)(a)(i) or (4)(a)(ii) is met.

(5) A liable or potentially liable person under 75-10-715 may not file a cost recovery or contribution action against any person participating in the allocation process provided for in 75-10-742 through 75-10-751 until the allocation process is complete. The statute of limitations on the filing of cost recovery or contribution actions is tolled from the first date of a petition for allocation on a facility until 30 days after the submittal of the allocation report provided for in 75-10-750, or until 30 days following the expiration of the time period for appeal or the final decision on appeal.

History: En. Sec. 14, Ch. 415, L. 1997.