Compensation. A. 1. The Commission shall provide notice and an opportunity for hearing to: a. the surface owner of real property where any corrective action is to be taken if such person is not the owner or operator of the storage tank system, and b. the owner of real property adjacent to the location of the corrective action if such real property owner will be adversely affected by the corrective action. 2. The notice shall advise such real property owner or owners that the corrective action is to be taken and that the owner's cooperation will be required for that action to be taken. The Commission shall give the owner or owners of such real property, as the case might be, an opportunity for hearing and to present evidence on the matter. B. 1. The Commission is vested with the adjudicative authority to enter orders allowing a petroleum storage tank system owner, operator or otherwise responsible person access to property not owned by the tank owner, operator or otherwise responsible person when necessary to investigate, remediate or perform corrective action as the result of a release. Actions shall be brought by the tank owner, operator or otherwise responsible person seeking access to the property not owned by the tank owner, operator, otherwise responsible person or by the Director of the Petroleum Storage Tank Division. 2. An order granting access shall only be entered upon a determination that access cannot be obtained by any other means and that the petroleum storage tank system owner, operator or otherwise responsible person seeking access has made a good-faith effort to obtain access. 3. The Commission shall determine the reasonable compensation, if any, to be paid to the owner of the property which is to be accessed for the use of the property to investigate, remediate or perform corrective action as the result of a release. 4. An order granting access to property shall be upon such terms as to reasonably minimize the impact of the access upon the owner's use of the property and to protect the rights of the property owner.
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