(a) The owner of land or facilities used to store petroleum products or who owns or leases vehicles used to transport petroleum products for purposes of resale shall maintain a liability insurance policy which includes pollution liability broad form coverage of no less than two million dollars ($2,000,000). The insurance policy shall be comprehensive in nature and include coverage for underground or aboveground contamination due to leakage from any kind of a petroleum product stored on the land or facility or which may be discharged from a vehicle transporting the petroleum product for purposes of resale. The provisions of this section shall apply to owners of facilities that are engaged in the business of selling petroleum products at wholesale or retail, and shall not apply to leasing companies engaged in the business of leasing or renting vehicles used to transport petroleum products.
(b) Any petroleum delivery vehicle carrying petroleum products must have certification, on Rhode Island form GU-1338A or Rhode Island form DMU-1, of a two million dollar ($2,000,000) liability insurance policy which includes pollution liability broad form coverage prior to registration of the vehicle in the state of Rhode Island. Proof of certification of the insurance must be on file with wholesale suppliers and/or petroleum distributor terminals for vehicles to obtain petroleum products in Rhode Island for marketing. A state of Rhode Island resale certificate number must also be on file with the supplier and distributing terminal. The provisions of this section relating to liability insurance do not apply in those cases where an owner certifies that he or she is self insured, to at least the required amount, and provides certification of the self insurance.
(c) (1) Any petroleum delivery vehicle carrying petroleum products must comply with section 397.21 of the federal Motor Carriers Safety Regulations for the Transportation of Hazardous Materials, entitled "Marking of Vehicles Operated by Private Carriers", prior to registration of the vehicle, and maintain the registration of the vehicle by the motor vehicle division of the department of administration of the state of Rhode Island. The marking shall include the following:
(i) Placarding in accordance with federal requirements.
(ii) The name of the enterprise, and the city or town in which the enterprise maintains its principal office or in which the vehicle or vehicles are customarily based.
(2) The markings must appear on both sides of the vehicle, be in letters that contrast sharply in color with the background, be readily legible during daylight hours from a distance of fifty feet (50′) while the vehicle is stationary, and be kept and maintained in a manner that retains the legibility required. The marking may consist of a removable device if that device meets the identification and legibility requirements of this subsection, for a period not to exceed three (3) months after registration of said vehicle.
(d) The director of the department of administration is authorized and empowered to promulgate rules and regulations for the enforcement and administration of the provisions of this section.
History of Section.
P.L. 1983, ch. 266, § 4; P.L. 1984, ch. 288, § 1; P.L. 1988, ch. 84, § 119; P.L. 1992, ch. 150, § 1; P.L. 1993, ch. 209, § 1; P.L. 1999, ch. 426, § 1; P.L. 2007, ch. 340, § 67.