- (a) A person shall not install, repair, close, or upgrade any underground storage tank system unless that person or the contractor by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond in the amount of at least twenty-five thousand dollars ($25,000), which provides that the Division of Environmental Quality is the obligee or payee of the instrument, and otherwise complies with the rules promulgated under this section.
- (b) Persons whose installation, repair, closure, or upgrade activities are limited to their own underground storage tank system or their employers’ companies’ underground storage tank systems are exempt from the surety requirement of subsection (a) of this section.
- (c) If the licensee or contracting company fails to properly install, remove, repair, close, or upgrade any underground storage tank under state law or rule, the Director of the Division of Environmental Quality shall commence proceedings to collect on the surety.
- (d) The division shall notify the licensee or contracting company in writing of the collection against the surety, and the licensee or contracting company shall be given an opportunity for a hearing as provided herein.