(a)
- (1) The owner or operator shall give written notice to the Division of Environmental Quality of any potential third-party claim within thirty (30) days of his or her knowledge of the potential claim.
- (2) The notice required by subdivision (a)(1) of this section shall provide the names and addresses of all persons and properties alleged to be injured, as well as the time, place, and circumstances of the release.
(b)
- (1) Any owner or operator against whom a third-party claim is filed in court or in the Arkansas State Claims Commission shall provide a copy of the complaint to the division no later than twenty (20) days after service of summons or receipt of notification of the claim from the commission.
- (2) Upon receipt of notice under subdivision (b)(1) of this section, the division shall immediately notify the Attorney General, who shall have the right to intervene in any lawsuit or proceeding.
- (3) Payment of third-party claims from the Petroleum Storage Tank Trust Fund may be denied for any owner or operator who fails to give the division notice as required in this subsection.