(b)

1. (1) Any owner or operator of a petroleum storage tank system who was not in substantial compliance at the time of a release, as defined by 8 CAR § 80-402, for which a third-party claimant was compensated from the trust fund, shall be required to reimburse the trust fund for the amount of the claim paid.

2. (2) If the owner or operator does not reimburse the trust fund as required in subdivision (b)(1) of this section, the division may institute an action against the owner or operator to recover such moneys under the authority of:

   1. (A) The Regulated Substance Storage Tank Program;
   2. (B) The Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq.; or
   3. (C) This part.

(c)

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.