reglab/statecodes huggingface dataset:
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 315 - Remedial investigations of scored sites -- Parties involved -- Powers of the executive director.

Affected by 63I-1-219 on 7/1/2030
19-6-315.
Remedial investigations of scored sites -- Parties involved -- Powers of the executive director.
(1) All remedial investigations conducted under the authority of this section shall:
(a) meet the substantive requirements of CERCLA; and
(b) include recommendations for remedial action.
(2)
(a) After determining that a hazardous substance release is occurring from a scored site and identifying responsible parties under Section 19-6-312, the executive director shall make reasonable efforts to reach an agreement with the identified responsible parties to perform a remedial investigation.
(b) The executive director may define in the agreement the scope of the investigation, the form of the report, and the time limits for completion of the investigation.
(c) If the potentially responsible parties fail to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement.
(3)
(a) If the executive director is unable to reach an agreement with one or more responsible parties to perform a remedial investigation, or determines that the remedial investigation performed by responsible parties does not meet the substantive requirements of CERCLA, he may direct the department to conduct or correct the remedial investigation.
(b) The executive director may recover the costs incurred in conducting a remedial investigation from responsible parties according to the standards contained in Section 19-6-316.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 317 - Remedial investigation report -- Remedial action plan implementation -- Legal remedies.

Affected by 63I-1-219 on 7/1/2030
19-6-317.
Remedial investigation report -- Remedial action plan implementation -- Legal remedies.
(1) Upon receipt of a remedial investigation report for a national priority list site, the executive director shall:
(a) review the report;
(b) provide a period for public comment;
(c) issue an order defining a remedial action plan consistent with CERCLA for the facility; and
(d) follow the procedures established by the National Contingency Plan to avoid inconsistent state and federal action.
(2)
(a) To implement the remedial action plan, the executive director shall seek to reach an agreement with all responsible parties to perform the remedial action.
(b) The executive director may define in the agreement the remedial action required and the time limits for completion of the remedial action.
(c) If the responsible parties fail to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement.
(3)
(a) If the executive director is unable to reach an agreement with one or more responsible parties to perform remedial action, he may order all responsible parties to perform the remedial action.
(b) The executive director may define in the order the remedial action required and the time limits for completion of the remedial action.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 319 - Remedial action investigation report -- Remedial action plan implementation -- Enforcement provisions.

Affected by 63I-1-219 on 7/1/2030
19-6-319.
Remedial action investigation report -- Remedial action plan implementation -- Enforcement provisions.
(1) Upon receipt of a remedial action investigation report for a proposed national priority list site or a scored site, the executive director shall:
(a) review the report;
(b) provide a period for public comment; and
(c) issue an order defining the remedial action plan for the facility.
(2)
(a) To implement the remedial action plan, the executive director shall seek to reach an agreement with all responsible parties to perform the remedial action.
(b) In reaching an agreement for a proposed national priority list site, the executive director shall follow procedures established by the National Contingency Plan to avoid inconsistent state and federal action.
(c) The executive director may define in the agreement the remedial action required and the time limits for completion of the remedial action.
(d) If the responsible parties fail to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 320 - Remedial action completion procedures -- Legal remedies.

Affected by 63I-1-219 on 7/1/2030
19-6-320.
Remedial action completion procedures -- Legal remedies.
(1) A party who has entered an agreement or who has been issued a final order under the authority of Sections 19-6-317 through this section shall send notice to the executive director when the remedial action for the facility is completed.
(2) Upon notice that remedial action at a facility is complete, the executive director shall inspect the facility to determine if the remedial action plan as implemented meets the substantive requirements of CERCLA.
(3) If the executive director determines that the remedial action plan as implemented meets the substantive requirements of CERCLA, except for any ongoing activities at the facility, including operation, maintenance, or monitoring, he shall issue a notice of agency action declaring that remedial action at the facility is complete and removing the facility from the hazardous substances priority list.
(4)
(a) If the executive director determines that the remedial action plan for a national priority list site, as implemented, does not meet the substantive requirements of CERCLA, he may issue an order directing the responsible parties to take additional actions to implement the remedial action plan.
(b) If the responsible parties refuse to comply with the order the executive director may take enforcement action.
(5)
(a) If the executive director determines that the remedial action plan for a proposed national priority list site or a scored site has not been properly and completely implemented according to the agreement between the executive director and the responsible parties, or is not consistent with the substantive requirements of CERCLA, he shall request that the responsible parties take additional actions to fulfill the agreement to implement the remedial action plan.
(b) If the responsible parties refuse to comply with the request, the executive director may take action to enforce the agreement.
Amended by Chapter 275, 2001 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 321 - Construction with other state and federal laws -- Governmental immunity.

Affected by 63I-1-219 on 7/1/2030
19-6-321.
Construction with other state and federal laws -- Governmental immunity.
(1) Except as provided in Subsection (2), nothing in this part affects or modifies in any way the obligations or liability of any person under a contract or any other provision of this part or state or federal law, including common law, for damages, indemnification, injury, or loss associated with a hazardous material or substance release or a substantial threat of a hazardous material or substance release.
(2) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, the state and its political subdivisions are not liable for actions performed under this part except as a result of intentional misconduct or gross negligence including reckless, willful, or wanton misconduct.
(3) Nothing in this part affects, limits, or modifies in any way the authority granted to the state, any state agency, or any political subdivision under other state or federal law.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 3 - Hazardous Substances Mitigation Act › Section 322 - Cooperative agreements with federal government -- Legislative findings.

Affected by 63I-1-219 on 7/1/2030
19-6-322.
Cooperative agreements with federal government -- Legislative findings.
Due to the enactment of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, PL 96-510, and recognizing the applicability of that act to the unauthorized or accidental discharge of hazardous substances or to inactive hazardous waste sites in the state of Utah, the Legislature finds and declares it to be in the public interest to enter into agreements with the federal Environmental Protection Agency to undertake activities and perform remedial and removal actions as provided by PL 96-510, to protect the public health, safety, and welfare.
Renumbered and Amended by Chapter 112, 1991 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 -- Relation to Petroleum Storage Tank Fund.

Affected by 63I-1-219 on 7/1/2028
Effective 5/4/2022
19-6-405.7.
Petroleum Storage Tank Cleanup Fund -- Revenue and purposes -- Relation to Petroleum Storage Tank Fund.
(1) There is created an enterprise 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 Fund created in Section 19-6-409.
Amended by Chapter 451, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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 5/4/2022
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 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 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 451, 2022 General Session
2023 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
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 416 - Restrictions on delivery of petroleum -- Civil penalty.

Affected by 63I-1-219 on 7/1/2028
Effective 5/5/2021
19-6-416.
Restrictions on delivery of petroleum -- Civil penalty.
(1)
(a) A person may not deliver petroleum to, place petroleum in, or accept petroleum for placement in a petroleum storage tank that is not identified in compliance with Subsection 19-6-411(7).
(b) Beginning July 1, 2023, a person may not deliver petroleum to, place petroleum in, or accept petroleum for placement in an aboveground petroleum storage tank that is not in compliance with Subsection 19-6-407(2).
(2) A person who delivers or accepts delivery of petroleum to a petroleum storage tank or places petroleum, including waste petroleum substances, in an underground storage tank or aboveground petroleum storage tank in violation of Subsection (1) is subject to a civil penalty of not more than $500 for each occurrence.
(3) The director shall issue a notice of agency action assessing a civil penalty of not more than $500 against any person who delivers or accepts delivery of petroleum to a petroleum storage tank or places petroleum, including waste petroleum substances, in violation of Subsection (1) in a petroleum storage tank.
(4) A civil penalty may not be assessed under this section against any person who in good faith delivers or places petroleum in a petroleum storage tank that is identified in compliance with Subsection 19-6-411(7) or 19-6-407(2) and rules made under the relevant subsection, whether or not the tank is in actual compliance with the other requirements of Section 19-6-411 or 19-6-407.
Amended by Chapter 202, 2021 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 416.5 - Restrictions on underground storage tank installation companies -- Civil penalty.

Affected by 63I-1-219 on 7/1/2028
19-6-416.5.
Restrictions on underground storage tank installation companies -- Civil penalty.
(1) After July 1, 1994, no individual or underground installation company may install an underground storage tank without having a valid underground storage tank installation company permit.
(2) Any individual or underground storage tank installation company who installs an underground storage tank in violation of Subsection (1) is subject to a civil penalty of $500 per underground storage tank.
(3) The director shall issue a notice of agency action assessing a civil penalty of $500 against any underground storage tank installation company or person who installs an underground storage tank in violation of Subsection (1).
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 417 - Use of fund revenues to investigate certain releases from petroleum storage tank.

Affected by 63I-1-219 on 7/1/2028
19-6-417.
Use of fund revenues to investigate certain releases from petroleum storage tank.
If the director is notified of or otherwise becomes aware of a release or suspected release of petroleum, he may expend revenues from the fund to investigate the release or suspected release if he has reasonable cause to believe the release is from a tank that is covered by the fund.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 418 - Recovery of costs by director.

Affected by 63I-1-219 on 7/1/2028
19-6-418.
Recovery of costs by director.
(1) The director may recover:
(a) from a responsible party the proportionate share of costs the party is responsible for as determined under Section 19-6-424.5;
(b) any amount required to be paid by the owner under this part which the owner has not paid; and
(c) costs of collecting the amounts in Subsections (1)(a) and (1)(b).
(2) The director may pursue an action or recover costs from any other person if that person caused or substantially contributed to the release.
(3) All costs recovered under this section shall be deposited in the Petroleum Storage Tank Cleanup Fund created in Section 19-6-405.7.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 421 - Third party payment restrictions and requirements.

Affected by 63I-1-219 on 7/1/2028
19-6-421.
Third party payment restrictions and requirements.
(1) If there are sufficient revenues in the fund, and subject to the provisions of Sections 19-6-419, 19-6-422, and 19-6-423, the director shall authorize payment from the fund to third parties regarding a release covered by the fund as provided in Subsection (2) if:
(a)
(i) he is notified that a final judgment or award has been entered against the responsible party covered by the fund that determines liability for bodily injury or property damage to third parties caused by a release from the tank; or
(ii) approved by the state risk manager, the responsible party has agreed to pay an amount in settlement of a claim arising from the release; and
(b) the responsible party has failed to satisfy the judgment or award, or pay the amount agreed to.
(2) The director shall authorize payment to the third parties of the amount of the judgment, award, or amount agreed to subject to the limitations established in Section 19-6-419.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 422 - Participation by state risk manager in suit, claim, or settlement.

Affected by 63I-1-219 on 7/1/2028
19-6-422.
Participation by state risk manager in suit, claim, or settlement.
(1) If a suit is filed or a claim is made against a responsible party who is eligible for payments from the fund for bodily injury or property damage connected with a release of petroleum from a petroleum storage tank, the state risk manager and his legal counsel may participate with the responsible party and his legal counsel in:
(a) the defense of any suit;
(b) determination of legal strategy and any other decisions affecting the defense of any suit; and
(c) any settlement negotiations.
(2) The state risk manager shall approve any settlement between the responsible party and a third party before payment of fund money is made.
Amended by Chapter 214, 1992 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 424 - Claims not covered by fund.

Affected by 63I-1-219 on 7/1/2028
19-6-424.
Claims not covered by fund.
(1) The director may not authorize payments from the fund unless:
(a) the claim was based on a release occurring during a period for which that tank was covered by the fund;
(b) the claim was made:
(i) during a period for which that tank was covered by the fund; or
(ii)
(A) within one year after that fund-covered tank is closed; or
(B) within six months after the end of the period during which the tank was covered by the fund; and
(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:
(a) the claim was based on a release occurring during the period prior to the issuance of a certificate of compliance;
(b) the claim was made within 12 months after the date the tank is issued a certificate of compliance for that tank; and
(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.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 425 - Violation of part -- Civil penalty -- Suit in district court.

Affected by 63I-1-219 on 7/1/2028
19-6-425.
Violation of part -- Civil penalty -- Suit in district court.
(1) Except as provided in Section 19-6-407, any person who violates any requirement of this part or any order issued or rule made under the authority of this part is subject to a civil penalty of not more than $10,000 per day for each day of violation.
(2) The director may enforce any requirement, rule, agreement, or order issued under this part by bringing a suit in the district court in the county where the underground storage tank or petroleum storage tank is located.
(3) The department shall deposit the penalties collected under this part in the Petroleum Storage Tank Restricted Account created under Section 19-6-405.5.
Amended by Chapter 360, 2012 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 426 - Limitation of liability of state -- Liability of responsible parties -- Indemnification agreement involving responsible parties.

Affected by 63I-1-219 on 7/1/2028
19-6-426.
Limitation of liability of state -- Liability of responsible parties -- Indemnification agreement involving responsible parties.
(1) This part is not intended to create an insurance program.
(2) The fund established in this part shall only provide funds to finance costs for responsible parties who meet the requirements of this part when releases from petroleum storage tanks occur.
(3) The assets of the fund, if any, are the sole source of money to pay claims against the fund.
(4) The state is not liable for:
(a) any amounts payable from the fund for which the fund does not have sufficient assets;
(b) any expenses or debts of the fund; or
(c) any claim arising from the creation, management, rate-setting, or any other activity pertaining to the fund.
(5) The responsible parties are liable for any costs associated with any release from the underground storage tank system.
(6) This part does not preclude a responsible party from enforcing or recovering under any agreement or contract for indemnification associated with a release from the tank or from pursuing any other legal remedies that may be available against any party.
(7) If any payment is made under this part, the fund shall be subrogated to all the responsible parties' rights of recovery against any person or organization and the responsible parties shall execute and deliver instruments and papers and do whatever else is necessary to secure the rights. The responsible parties shall do nothing after a release is discovered to prejudice the rights. In the event of recovery by the fund, any amount recovered shall first be used to reimburse the responsible parties for costs they are required to pay pursuant to Section 19-6-419.
(8) Parties who elect to participate in the fund do so subject to the conditions and limitations in this section and in this part.
Amended by Chapter 172, 1997 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 427 - Liability of any person under other laws -- Additional state and governmental immunity -- Exceptions.

Affected by 63I-1-219 on 7/1/2028
19-6-427.
Liability of any person under other laws -- Additional state and governmental immunity -- Exceptions.
(1) Except as provided in Subsection (2), nothing in this part affects or modifies in any way:
(a) the obligations or liability of any person under any other provision of this part or state or federal law, including common law, for damages, injury, or loss resulting from a release or substantial threat of a release of petroleum from an underground storage tank or a petroleum storage tank; or
(b) the liability of any person for costs incurred except as provided in this part.
(2) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, the state and its political subdivisions are not liable for actions performed under this part except as a result of intentional misconduct or gross negligence including reckless, willful, or wanton misconduct.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 429 - False information and claims.

Affected by 63I-1-219 on 7/1/2028
19-6-429.
False information and claims.
(1) Any person who presents or causes to be presented any oral or written statement, knowing the statement contains false information, in order to obtain a certificate of compliance is guilty of a class B misdemeanor.
(2)
(a) Any person who presents or causes to be presented any claim for payment from the fund, knowing the claim contains materially false information or knowing the claim is not eligible for payment from the fund, is subject to the criminal penalties under Section 76-10-1801 regarding fraud.
(b) The level of criminal penalty shall be determined by the value involved, in the same manner as in Section 76-10-1801.
Enacted by Chapter 172, 1997 General Session
2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 5 - Solid Waste Management Act › Section 502.5 - Solid waste management facility not a public utility.

19-6-502.5.
Solid waste management facility not a public utility.
A solid waste management facility is not a public utility as defined in Section 54-2-1.
Enacted by Chapter 89, 2008 General Session