Section 6021.704 - Underground Storage Tank Indemnification Fund(a) Establishment of fund.--(1) There is hereby created a special fund in the State Treasury to be known as the Underground Storage Tank Indemnification Fund. This fund shall consist of the fees assessed by the board under section 705(d), amounts recovered by the board due to fraudulent or improper claims or as penalties for failure to pay fees when due, and funds earned by the investment and reinvestment of the moneys collected. Moneys in the fund are hereby appropriated to the board for the purpose of making payments to owners, operators and certified tank installers of underground storage tanks who incur liability for taking corrective action or for bodily injury or property damage caused by a sudden or nonsudden release from underground storage tanks and for making loans to owners as authorized by this act. The fund shall be the sole source of payments under this act, and the Commonwealth shall have no liability beyond the amount of the fund. Every owner and certified tank installer of an underground storage tank shall demonstrate financial responsibility by participating in the Underground Storage Tank Indemnification Fund. The owner, operator or certified tank installer may obtain coverage for liability not insured by the fund through any of the methods approved in accordance withsection 701(b) . (2) This fund is declared a restricted fund. The moneys in the fund shall be used only for the purposes set forth in this act and shall not be transferred or diverted to any other purpose by the use of any administrative procedure.(3) Notwithstanding any general or specific powers granted to the board by this act, whether express or implied, the board shall have no power at any time or in any manner to pledge the credit or taxing power of the Commonwealth or any political subdivision. No obligations or liabilities of the board shall be deemed obligations or liabilities of the Commonwealth or of any of its political subdivisions. Nothing herein shall be deemed a waiver of sovereign immunity.(b) Limit of payments to owners or operators.--(1) Payments to eligible owners or operators shall be limited to the actual costs of corrective action and the amount of an award of damages by a court of competent jurisdiction for bodily injury, property damage or both, not to exceed a total of $1,500,000 per tank per occurrence.(2) Payments of claims against the fund shall be subject to a deductible as provided in section 705. Payments shall be made only for releases resulting from storage tanks that are located within this Commonwealth.(3) Payments shall not exceed:(i) an annual aggregate of $1,500,000 for each owner and operator of 100 or less underground storage tanks; or(ii) an annual aggregate of $3,000,000 for each owner and operator of 101 or more underground storage tanks, up to the total of $1,500,000 per tank per occurrence or the total eligible costs or damages.(4) Any pending claim where eligibility has not been determined as of the effective date of this paragraph shall be eligible for the increased payment under this subsection.(b.1) Limit of payments to certified tank installers.--(1) Payments to certified tank installers shall be limited to the actual costs of corrective action and the amount of an award of damages by a court of competent jurisdiction for bodily injury, property damage or both, not to exceed a total of $1,500,000 per occurrence. Corrective action under this subsection shall mean releases caused by improper or faulty installations, modifications and removal of underground storage tanks.(2) Payments of claims against the program shall be subject to a deductible as provided in section 705(c)(4). Payments shall be made only for releases resulting from underground storage tanks located in this Commonwealth.(3) Payments shall not exceed:(i) an annual aggregate of $1,500,000 for certified tank installers who perform 100 or fewer installations or major modifications; or(ii) an annual aggregate of $3,000,000 for certified tank installers who perform more than 100 installations or major modifications.(4) Any pending claim where eligibility has not been determined as of the effective date of this paragraph shall be eligible for the increased payment under this subsection.(c) Prohibited uses.--Moneys in the fund shall not be used for the repair, replacement or maintenance of underground storage tanks or improvement of property on which the tanks are located unless the moneys are loaned by the board as an investment of fund moneys pursuant to section 712 . (d) Expenses.--All costs and expenses of the board shall be paid from the fund, including, but not limited to, compensation of employees and any independent contractors or consultants hired by the board.(e) Options.--(1) Any owner of an underground storage tank of 3,000 gallons or more used for storing heating oil for consumptive use on the premises where stored may elect to participate in the fund.(2) The owner or operator of an underground storage tank used to store heating oil who elects to participate in the fund shall comply with applicable provisions of this act and of regulations promulgated under this act.(3) The owner or operator of an underground storage tank used to store heating oil who elects to participate in the fund shall pay the fee established under section 705(d)(2).(4) The board shall by regulation establish procedures and criteria for allowing owners or operators of underground storage tanks to opt into the coverage provided by this section.1989, July 6, P.L. 169, No. 32, § 704, effective in 30 days. Amended 1992, Dec. 18, P.L. 1660, No. 184, § 3, imd. effective; 1995, June 26, P.L. 79, No. 16, § 8, effective in 60 days; 1998 , Jan. 30, P.L; 46, No. 13, § 3, imd. effective; 2001, Dec. 13, P.L. 900, No. 99, § 1, imd. effective.