(a) The Division of Environmental Quality may initiate proceedings against any owner or operator of a petroleum storage tank system for recovery of moneys that were solicited and received from the Petroleum Storage Tank Trust Fund, regardless of whether it was approved by the Advisory Committee on Petroleum Storage Tanks or the Director of the Division of Environmental Quality, if:

1. (1) The funds were solicited or received through willful or accidental utilization of incorrect information;
2. (2) The costs were not incurred or were unnecessary;
3. (3) The work was not performed or was unnecessary; or
4. (4) The amount of reimbursement is found to be unreasonable or not allowable.

(b)

1. (1) The division has the right of subrogation that applies to sites where corrective action is taken by owners, operators, or the division.

2. (2) The right of subrogation extends to:

   1. (A) Any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that policy; and
   2. (B) Any third party who caused or contributed to the occurrence.
3. (3) For purposes of subrogation, “third party” does not include a former owner or operator of the site where corrective action is taken.