reglab/housing_qa huggingface dataset:
UT Code § 19-6-323 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 323 - Department authority to enter cooperative agreements.

 Affected by 63I-1-219 on 7/1/2030 19-6-323. Department authority to enter cooperative agreements.  The department, on behalf of the state, is authorized to undertake activities and enter into contracts and cooperative agreements with the federal Environmental Protection Agency as provided by the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, PL 96-510.  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-325 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 325 - Voluntary agreements -- Parties -- Funds -- Enforcement.

 Affected by 63I-1-219 on 7/1/2030 19-6-325. Voluntary agreements -- Parties -- Funds -- Enforcement.    (1)   (a) Under this part, and subject to Subsection (1)(b), the executive director may enter into a voluntary agreement with a responsible party providing for the responsible party to conduct an investigation or a cleanup action on sites that contain hazardous materials.     (b) The executive director and a responsible party may not enter into a voluntary agreement under this part unless all known potentially responsible parties:   (i) have been notified by either the executive director or the responsible party of the proposed agreement; and     (ii) have been given an opportunity to comment on the proposed agreement prior to the parties' entering into the agreement.         (2)   (a) The executive director may receive funds from any responsible party that signs a voluntary agreement allowing the executive director to:   (i) review any proposals outlining how the investigation or cleanup action is to be performed; and     (ii) oversee the investigation or cleanup action.       (b) Funds received by the executive director under this section shall be deposited in the fund and used by the executive director as provided in the voluntary agreement.       (3) If a responsible party fails to perform as required under a voluntary agreement entered into under this part, the executive director may take action and seek penalties to enforce the agreement as provided in the agreement.     (4) The executive director may not use the provisions of Section 19-6-310, 19-6-316, or 19-6-318 to recover costs received or expended pursuant to a voluntary agreement from any person not a party to that agreement.     (5)   (a) Any party who incurs costs under a voluntary agreement in excess of his liability may seek contribution from any other party who is or may be liable under this part for the excess costs in district court.     (b) In resolving claims made under Subsection (5)(a), the court shall allocate costs using the standards in Subsection 19-6-310(2).       (6) This section takes precedence over conflicting provisions in this chapter regarding agreements with responsible parties to conduct an investigation or cleanup action.    Amended by Chapter 324, 2010 General Session
UT Code § 19-6-326 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 326 - Written assurances.

 Affected by 63I-1-219 on 7/1/2030  Effective 5/12/2020  19-6-326. Written assurances.    (1) Based upon risk to human health or the environment from potential exposure to hazardous substances or materials, the executive director, or the executive director's designee, may issue enforceable written assurances to a bona fide prospective purchaser, contiguous property owner, or innocent landowner of real property that no enforcement action under this part may be initiated regarding that real property against the person to whom the assurances are issued.     (2) An assurance granted under Subsection (1) grants the person to whom the assurance is issued protection from imposition of any state law cost recovery and contribution actions under this part.     (3) The executive director may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the administration of this section.    Amended by Chapter 256, 2020 General Session
UT Code § 19-6-401 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 401 - Short title.

 Affected by 63I-1-219 on 7/1/2028 19-6-401. Short title.  This part is known as the "Underground Storage Tank Act."  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-402.5 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 402.5 - Retroactive effect.

 Affected by 63I-1-219 on 7/1/2028 19-6-402.5. Retroactive effect.    (1) The Legislature finds the definitions in this part prior to the passage of this act did not clearly set forth procedures for identifying responsible parties and interfered with effective allocation of costs of cleanup as required by this part.     (2) It is the intent of the Legislature that this act provides clarification regarding procedures for allocating responsibility for the costs of investigation, abatement, and corrective action as required under this part.     (3) It is the intent of the Legislature that this part imposes liability as determined under this part retroactively to any release of petroleum or any other regulated substance subject to investigation, abatement, or corrective action under this part.    Enacted by Chapter 214, 1992 General Session
UT Code § 19-6-403 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 403 - Powers and duties of board.

 Affected by 63I-1-219 on 7/1/2028  Effective 5/5/2021  19-6-403. Powers and duties of board.  The board shall regulate a petroleum storage tank by:  (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, making rules that:   (a) provide for the:   (i) certification of an underground storage tank installer, inspector, tester, or remover;     (ii) registration of an underground storage tank operator;     (iii) registration of an underground storage tank;     (iv) administration of the petroleum storage tank program;     (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;     (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;     (vii) certification of a petroleum storage tank consultant including:   (A) a minimum education or experience requirement; and     (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       (viii) compliance with this chapter by an aboveground petroleum storage tank;       (b) adopt the requirements for an underground storage tank contained in:   (i) the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 6991, et seq., as may be amended in the future; and     (ii) an applicable federal requirement authorized by the federal law referenced in Subsection (1)(b)(i); and       (c) comply with the requirements of the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 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.    Amended by Chapter 202, 2021 General Session
UT Code § 19-6-404 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 404 - Powers and duties of director.

 Affected by 63I-1-219 on 7/1/2028  Effective 5/13/2014  19-6-404. Powers and duties of director.    (1) The director shall:   (a) administer the petroleum storage tank program established in this part; and     (b) as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the chairman of the board.       (2) As necessary to meet the requirements or carry out the purposes of this part, the director may:   (a) advise, consult, and cooperate with other persons;     (b) employ persons;     (c) authorize a certified employee or a certified representative of the department to conduct facility inspections and reviews of records required to be kept by this part and by rules made under this part;     (d) encourage, participate in, or conduct studies, investigation, research, and demonstrations;     (e) collect and disseminate information;     (f) enforce rules made by the board and any requirement in this part by issuing notices and orders;     (g) review plans, specifications, or other data;     (h) under the direction of the executive director, represent the state in all matters pertaining to interstate underground storage tank management and control, including entering into interstate compacts and other similar agreements;     (i) enter into contracts or agreements with political subdivisions for the performance of any of the department's responsibilities under this part if:   (i) the contract or agreement is not prohibited by state or federal law and will not result in a loss of federal funding; and     (ii) the director determines that:   (A) the political subdivision is willing and able to satisfactorily discharge its responsibilities under the contract or agreement; and     (B) the contract or agreement will be practical and effective;         (j) take any necessary enforcement action authorized under this part, including filing a lien against the real property, which is subject to cleanup and is owned by a responsible party, for the costs of abatement, investigative and corrective actions taken by the agency, if necessary, and depositing any funds received into the Petroleum Storage Tank Cleanup Fund created in Section 19-6-405.7;     (k) require an owner or operator of an underground storage tank to:   (i) furnish information or records relating to the tank, its equipment, and contents;     (ii) monitor, inspect, test, or sample the tank, its contents, and any surrounding soils, air, or water; or     (iii) provide access to the tank at reasonable times;       (l) take any abatement, investigative, or corrective action as authorized in this part; or     (m) enter into agreements or issue orders to apportion percentages of liability of responsible parties under Section 19-6-424.5.      Amended by Chapter 227, 2014 General Session
UT Code § 19-6-405.5 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 405.5 - Creation of restricted account.

 Affected by 63I-1-219 on 7/1/2028 19-6-405.5. Creation of restricted account.    (1) There is created in the General Fund a restricted account known as the Petroleum Storage Tank Restricted Account.     (2) All penalties and interest imposed under this part shall be deposited in this account, except as provided in Section 19-6-410.5. Specified program funds under this part that are unexpended at the end of the fiscal year lapse into this account.     (3) The Legislature shall appropriate the money in the account to the department for the costs of administering the petroleum storage tank program under this part.    Amended by Chapter 95, 1998 General Session
UT Code § 19-6-405.7 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 405.7 - Petroleum Storage Tank Cleanup Fund -- Revenue and purposes.

 Affected by 63I-1-219 on 7/1/2028  Effective 5/13/2014  19-6-405.7. Petroleum Storage Tank Cleanup Fund -- Revenue and purposes.    (1) There is created a private-purpose trust fund entitled the "Petroleum Storage Tank Cleanup Fund," which is referred to in this section as the cleanup fund.     (2) The cleanup fund sources of revenue are:   (a) any voluntary contributions received by the department for the cleanup of facilities;     (b) legislative appropriations made to the cleanup fund; and     (c) costs recovered under this part.       (3) The cleanup fund shall earn interest, which shall be deposited in the cleanup fund.     (4) The director may use the cleanup fund money for administration, investigation, abatement action, and preparing and implementing a corrective action plan regarding releases and suspected releases not covered by the Petroleum Storage Tank Trust Fund created in Section 19-6-409.    Amended by Chapter 227, 2014 General Session
UT Code § 19-6-408 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 408 - Petroleum storage tank registration fee -- Processing fee.

 Affected by 63I-1-219 on 7/1/2028  Effective 5/5/2021  19-6-408. Petroleum storage tank registration fee -- Processing fee.    (1) The department may assess an annual petroleum storage tank registration fee against an owner or operator of a petroleum storage tank that has not been closed. These fees shall be:   (a) billed per facility;     (b) due on July 1 annually;     (c) deposited with the department as dedicated credits;     (d) used by the department for the administration of the petroleum storage tank program outlined in this part; and     (e) established under Section 63J-1-504.       (2)   (a) As used in this Subsection (2), "financial assurance mechanism document" may be a single document that covers more than one facility through a single financial assurance mechanism.     (b)   (i) In addition to the fee under Subsection (1), an owner or operator of a petroleum storage tank who elects to demonstrate financial assurance through a mechanism other than the Environmental Assurance Program shall pay a processing fee established under Section 63J-1-504.     (ii) This Subsection (2)(b) does not apply to a self-insured public entity.       (c) If a combination of financial assurance mechanisms is used to demonstrate financial assurance, the fee under Subsection (2)(b) shall be paid for each document submitted.       (3) Money provided for administration of the petroleum storage tank program under this section that is not expended at the end of the fiscal year lapse into the Petroleum Storage Tank Restricted Account created in Section 19-6-405.5.     (4) The director shall provide all owners or operators who pay the annual petroleum storage tank registration fee a certificate of registration.     (5)   (a) The director may issue a notice of agency action assessing a civil penalty of $1,000 per facility if an owner or operator of a petroleum storage tank facility fails to pay the required fee within 60 days after the July 1 due date.     (b) The registration fee and late payment penalty accrue interest at 12% per annum.     (c) If the registration fee, late payment penalty, and interest accrued under this Subsection (5) are not paid in full within 60 days after the July 1 due date any certificate of compliance issued prior to the July 1 due date lapses. The director may not reissue the certificate of compliance until full payment under this Subsection (5) is made to the department.     (d) The director may waive any penalty assessed under this Subsection (5) if no fuel has been dispensed from the tank on or after July 1, 1991.      Amended by Chapter 202, 2021 General Session
UT Code § 19-6-412 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 412 - Petroleum storage tank -- Certificate of compliance.

 Affected by 63I-1-219 on 7/1/2028 19-6-412. Petroleum storage tank -- Certificate of compliance.    (1)   (a) Beginning July 1, 1990, an owner or operator of a petroleum storage tank may obtain a certificate of compliance for the facility.     (b) Effective July 1, 1991, each owner or operator of a petroleum storage tank shall have a certificate of compliance for the facility.       (2) The director shall issue a certificate of compliance if:   (a) the owner or operator has a certificate of registration;     (b) the owner or operator demonstrates it is participating in the Environmental Assurance Program under Section 19-6-410.5, or otherwise demonstrates compliance with financial assurance requirements as defined by rule;     (c) all state and federal statutes, rules, and regulations have been substantially complied with; and     (d) all tank test requirements of Section 19-6-413 have been met.       (3) If the ownership of or responsibility for the petroleum storage tank changes, the certificate of compliance is still valid unless it has been revoked or has lapsed.     (4) The director may issue a certificate of compliance for a period of less than one year to maintain an administrative schedule of certification.     (5) The director shall reissue a certificate of compliance if the owner or operator of an underground storage tank has complied with the requirements of Subsection (2).     (6) If the owner or operator electing to participate in the program has a number of tanks in an area where the director finds it would be difficult to accurately determine which of the tanks may be the source of a release, the owner may only elect to place all of the tanks in the area in the program, but not just some of the tanks in the area.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-413 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 413 - Tank tightness test -- Actions required after testing.

 Affected by 63I-1-219 on 7/1/2028 19-6-413. Tank tightness test -- Actions required after testing.    (1) The owner or operator of any petroleum storage tank registered before July 1, 1991, shall submit to the director the results of a tank tightness test conducted:   (a) on or after September 1, 1989, and before January 1, 1990, if the test meets requirements set by rule regarding tank tightness tests that were applicable during that period; or     (b) on or after January 1, 1990, and before July 1, 1991.       (2) The owner or operator of any petroleum storage tank registered on or after July 1, 1991, shall submit to the director the results of a tank tightness test conducted within the six months before the tank was registered or within 60 days after the date the tank was registered.     (3) If the tank test performed under Subsection (1) or (2) shows no release of petroleum, the owner or operator of the petroleum storage tank shall submit a letter to the director at the same time the owner or operator submits the test results, stating that under customary business inventory practices standards, the owner or operator is not aware of any release of petroleum from the tank.     (4)   (a) If the tank test shows a release of petroleum from the petroleum storage tank, the owner or operator of the tank shall:   (i) correct the problem; and     (ii) submit evidence of the correction to the director.       (b) When the director receives evidence from an owner or operator of a petroleum storage tank that the problem with the tank has been corrected, the director shall:   (i) approve or disapprove the correction; and     (ii) notify the owner or operator that the correction has been approved or disapproved.         (5) The director shall review the results of the tank tightness test to determine compliance with this part and any rules adopted under the authority of Section 19-6-403.     (6) If the owner or operator of the tank is required by 40 C.F.R., Part 280, Subpart D, to perform release detection on the tank, the owner or operator shall submit the results of the tank tests in compliance with 40 C.F.R., Part 280, Subpart D.    Amended by Chapter 360, 2012 General Session
UT Code § 19-6-414 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 414 - Grounds for revocation of certificate of compliance and ineligibility for payment of costs from fund.

 Affected by 63I-1-219 on 7/1/2028  Effective 5/13/2014  19-6-414. Grounds for revocation of certificate of compliance and ineligibility for payment of costs from fund.    (1) If the director determines that any of the requirements of Subsection 19-6-412(2), Section 19-6-413, or Subsection 19-6-420(2) have not been met, the director shall notify the owner or operator by certified mail that:   (a) the owner or operator's certificate of compliance may be revoked;     (b) if the owner or operator is participating in the program, the owner or operator is violating the eligibility requirements for the fund; and     (c) the owner or operator shall demonstrate the owner or operator's compliance with this part within 60 days after receipt of the notification or the certificate of compliance will be revoked and if participating in the program the owner or operator will be ineligible to receive payment for claims against the fund.       (2) If the director determines the owner's or operator's compliance problems have not been resolved within 60 days after receipt of the notification in Subsection (1), the director shall send written notice to the owner or operator that the owner's or operator's certificate of compliance is revoked and he is no longer eligible for payment of costs from the fund.     (3) Revocation of certificates of compliance may be appealed to the executive director.    Amended by Chapter 227, 2014 General Session
UT Code § 19-6-415 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 415 - Participation of excluded or exempt tanks.

 Affected by 63I-1-219 on 7/1/2028  Effective 5/5/2021  19-6-415. Participation of excluded or exempt tanks.    (1) An underground storage tank exempt from regulation under 40 C.F.R., Part 280, Subpart A, may become eligible for payments from the Petroleum Storage Tank Trust Fund if the underground storage tank:   (a)   (i) is a farm or residential tank with a capacity of 1,100 gallons or less and is used for storing motor fuel for noncommercial purposes;     (ii) is used for storing heating oil for consumptive use on the premises where stored; or     (iii) is used for any oxygenate blending component for motor fuels;       (b) complies with the requirements of Section 19-6-412;     (c) meets other requirements established by rules made under Section 19-6-403; and     (d) pays registration and tank fees and environmental assurance fees, equivalent to those fees outlined in Sections 19-6-408, 19-6-410.5, and 19-6-411.       (2) An aboveground petroleum storage tank excluded from the definition of aboveground petroleum storage tank under Section 19-6-402, may become eligible for payments from the Petroleum Storage Tank Trust Fund if the owner or operator:   (a) pays those fees that are equivalent to the registration and tank fees and environmental assurance fees under Sections 19-6-408, 19-6-410.5, and 19-6-411;     (b) complies with the requirements of Section 19-6-412; and     (c) meets other requirements established by rules made under Section 19-6-403.      Amended by Chapter 202, 2021 General Session
UT Code § 19-6-415.5 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 4 - Underground Storage Tank Act|Section 415.5 - State owned or leased tanks to participate in program.

 Affected by 63I-1-219 on 7/1/2028  Effective 5/5/2021  19-6-415.5. State owned or leased tanks to participate in program.  Any underground storage tank or aboveground petroleum storage tank owned or leased by the state and subject to the financial assurance requirements established by division rule shall participate in the program. Amended by Chapter 202, 2021 General Session