1. (a) No amount may be paid from the fund in respect of punitive damages paid by or assessed against a member of the fund.

2. (b) No amount may be paid from the fund in the case of a liability based upon bodily injury or property damage arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases, waste materials, or other irritants, contaminants, or pollutants into or upon land, the atmosphere, or any watercourse or body of water unless the discharge, dispersal, release, or escape:

   1. (1) is caused by an act or omission of a political subdivision that is a member of the fund; and

   2. (2) occurs as a result of:

      1. (A) a household hazardous waste; or

      2. (B) a conditionally exempt small quantity generator (as described in 40 CFR 261.5(a);

         collection, disposal, or recycling project conducted by or controlled by the political subdivision.

3. (c) The commissioner may pay a liability of a member of the fund in a series of annual payments. The amount of any annual payment under this subsection based upon the injury to or death of one (1) person in any one (1) occurrence must be one hundred thousand dollars ($100,000) or more, except for the final payment in a series of payments.
4. (d) The commission may negotiate a structured settlement of any claim.

5. (e) As used in this section, "household hazardous waste" means solid waste generated by households that consists of or contains a material that is:

   1. (1) ignitable, as described in 40 CFR 261.21;
   2. (2) corrosive, as described in 40 CFR 261.22;
   3. (3) reactive, as described in 40 CFR 261.23; or
   4. (4) toxic, as described in 40 CFR 261.24.

As added by P.L.272-1987, SEC.7. Amended by P.L.256-1995, SEC.2.