Utah Code 19-6-403. Powers and duties of board
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The board shall regulate a petroleum storage tank by:
(1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, making rules that:
Terms Used In Utah Code 19-6-403
- Aboveground petroleum storage tank: means a storage tank that is, by volume, less than 10% buried in the ground, including the pipes connected to the storage tank and:(2)(a)(2)(a)(i) has attached underground piping; or(2)(a)(ii) rests directly on the ground;(2)(b) contains regulated substances;(2)(c) has the capacity to hold 501 gallons or more; and(2)(d) is not:(2)(d)(i) used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;(2)(d)(ii) used for heating oil for consumptive use on the premises where stored;(2)(d)(iii) related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget;(2)(d)(iv) directly related to oil or gas production and gathering operations; or(2)(d)(v) used in the fueling of aircraft or ground service equipment at a commercial airport that serves passengers or cargo, with commercial airport defined in Section 72-10-102. See Utah Code 19-6-402
- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
- Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Operator: means a person in control of or who is responsible on a daily basis for the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of a regulated substance. See Utah Code 19-6-402
- Owner: means :
(19)(a) in the case of an underground storage tank in use on or after November 8, 1984, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance;(19)(b) in the case of an underground storage tank in use before November 8, 1984, but not in use on or after November 8, 1984, a person who owned the tank immediately before the discontinuance of its use for the storage, use, or dispensing of a regulated substance; and(19)(c) in the case of an aboveground petroleum storage tank, a person who owns the aboveground petroleum storage tank. See Utah Code 19-6-402- Petroleum: includes crude oil or a fraction of crude oil that is liquid at:
(20)(a) 60 degrees Fahrenheit; and(20)(b) a pressure of 14. See Utah Code 19-6-402- Petroleum storage tank: means a tank that:
(21)(a) is an underground storage tank;(21)(b) is an aboveground petroleum storage tank; or(21)(c) is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402- Program: means the Environmental Assurance Program under Section Utah Code 19-6-402
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, Utah Code 19-6-402
(1)(a) provide for the:(1)(a)(i) certification of an underground storage tank installer, inspector, tester, or remover;(1)(a)(ii) registration of an underground storage tank operator;(1)(a)(iii) registration of an underground storage tank;(1)(a)(iv) administration of the petroleum storage tank program;(1)(a)(v) format of, and required information in, a record kept by an underground storage or petroleum storage tank owner or operator who is participating in the fund;(1)(a)(vi) voluntary participation in the fund for a tank containing regulated substances, but excluded from the definition of a petroleum storage tank as provided in Section 19-6-415;(1)(a)(vii) certification of a petroleum storage tank consultant including:(1)(a)(vii)(A) a minimum education or experience requirement; and(1)(a)(vii)(B) a recognition of the educational requirement of a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, as meeting the education requirement for certification; and(1)(a)(viii) compliance with this chapter by an aboveground petroleum storage tank;(1)(b) adopt the requirements for an underground storage tank contained in:(1)(b)(i) the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. § 6991, et seq., as may be amended in the future; and(1)(b)(ii) an applicable federal requirement authorized by the federal law referenced in Subsection (1)(b)(i); and(1)(c) comply with the requirements of the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. § 6991, et seq., as may be amended in the future, for the state‘s assumption of primacy in the regulation of an underground storage tank; and(2) applying the provisions of this part.