(1) Subject to the requirements of Section 19-6-410.5, an owner or operator of an existing petroleum storage tank that is covered by the fund on May 5, 1997, may elect to continue to participate in the program by meeting the requirements of this part, including paying the tank fees and environmental assurance fee as provided in Sections 19-6-410.5 and 19-6-411.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 19-6-428

  • 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
  • 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
  • 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
  • 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
(2) A new petroleum storage tank that is installed after May 5, 1997, or a tank eligible under Section 19-6-415, may elect to participate in the program by complying with the requirements of this part.
(3)

     (3)(a) An owner or operator of a petroleum storage tank who elects to not participate in the program, including by the use of an alternative financial assurance mechanism, shall, in order to subsequently participate in the program:

          (3)(a)(i) perform a tank tightness test;
          (3)(a)(ii) except as provided in Subsection (3)(b), (c), or (d), perform a site check, including soil and, when applicable, groundwater samples, to demonstrate that no release of petroleum exists or that there has been adequate remediation of releases as required by board rules;
          (3)(a)(iii) provide the required tests and samples to the director; and
          (3)(a)(iv) comply with the requirements of this part.
     (3)(b) A site check under Subsection (3)(a)(ii) is not required if the director determines, with reasonable cause, that soil and groundwater samples are unnecessary to establish that no petroleum has been released.
     (3)(c) For an aboveground petroleum storage tank, a site check under Subsection (3)(a)(ii) is not required to participate in the program except that if the aboveground petroleum storage tank does not conduct a site check:

          (3)(c)(i) historic contamination, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

               (3)(c)(i)(A) subject to the other provisions of this Subsection (3)(c), is covered only if the historic contamination is discovered more than five years after the day the owner or operator elects to participate in the program;
               (3)(c)(i)(B) is 20% covered beginning on the five-year date; and
               (3)(c)(i)(C) is covered at increasing amounts of 20% each year after the five-year date until at the 10-year date historic contamination is covered at 100%; and
          (3)(c)(ii) new releases, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are covered at 100% beginning on the day the aboveground petroleum storage tank participates in the program.
     (3)(d) For an underground storage tank that previously elected not to participate in the program, a site check under Subsection (3)(a)(ii) is not required to begin participating in the program, except that if the underground storage tank does not conduct a site check:

          (3)(d)(i) historic contamination, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

               (3)(d)(i)(A) subject to the other provisions of this Subsection (3)(d), is covered only if the historic contamination is discovered more than five years after the day the owner or operator elects to participate in the program;
               (3)(d)(i)(B) is 20% covered beginning on the five-year date; and
               (3)(d)(i)(C) is covered at increasing amounts of 20% each year after the five-year date until at the 10-year date historic contamination is covered at 100%; and
          (3)(d)(ii) new releases, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are covered at 100% beginning on the day the underground storage tank participates in the program.
(4) The director shall review the tests and samples provided under Subsection (3)(a)(iii) to determine:

     (4)(a) whether or not any release of the petroleum has occurred; or
     (4)(b) if the remediation is adequate.
  Previous section
Next section  
 Part 4 Contents