Utah Code 19-6-424. Claims not covered by fund
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(1) The director may not authorize payments from the fund unless:
Terms Used In Utah Code 19-6-424
- Certificate of compliance: means a certificate issued to a facility by the director:(5)(a) demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and(5)(b) listing petroleum storage tanks at the facility, specifying:(5)(b)(i) which tanks may receive petroleum; and(5)(b)(ii) which tanks have not met the requirements for compliance. See Utah Code 19-6-402
- Closed: means a petroleum storage tank that is no longer in use that has been:
(8)(a) emptied and cleaned to remove the liquids and accumulated sludges; and(8)(b)(8)(b)(i) removed along with all underground components; or(8)(b)(ii) filled with an inert solid material, and in the case of piping, secured and capped. See Utah Code 19-6-402- Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402
- Director: means the director of the Division of Environmental Response and Remediation. 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
- 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- Program: means the Environmental Assurance Program under Section Utah Code 19-6-402
- Release: means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from a petroleum storage tank into ground water, surface water, or subsurface soils. See Utah Code 19-6-402
- Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, Utah Code 19-6-402
(1)(a) the claim was based on a release occurring during a period for which that tank was covered by the fund;(1)(b) the claim was made:(1)(b)(i) during a period for which that tank was covered by the fund; or(1)(b)(ii)(1)(b)(ii)(A) within one year after that fund-covered tank is closed; or(1)(b)(ii)(B) within six months after the end of the period during which the tank was covered by the fund; and(1)(c) there are sufficient revenues in the fund.(2) The director may not authorize payments from the fund for an underground storage tank installation company unless:(2)(a) the claim was based on a release occurring during the period prior to the issuance of a certificate of compliance;(2)(b) the claim was made within 12 months after the date the tank is issued a certificate of compliance for that tank; and(2)(c) there are sufficient revenues in the fund.(3) The director may require the claimant to provide additional information as necessary to demonstrate coverage by the fund at the time of submittal of the claim.(4) If the Legislature repeals or refuses to reauthorize the program for petroleum storage tanks established in this part, the director may authorize payments from the fund as provided in this part for claims made until the end of the time period established in Subsection (1) or (2) provided there are sufficient revenues in the fund. - Closed: means a petroleum storage tank that is no longer in use that has been: