2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 6 - Hazardous Substances › Part 4 - Underground Storage Tank Act › Section 407 - Underground storage tank registration -- Change of ownership or operation -- Aboveground petroleum storage tank -- Civil penalty.

Affected by 63I-1-219 on 7/1/2028
Effective 5/5/2021
19-6-407.
Underground storage tank registration -- Change of ownership or operation -- Aboveground petroleum storage tank -- Civil penalty.
(1)
(a) An owner or operator of an underground storage tank shall register the tank with the director if the tank:
(i) is in use; or
(ii) was closed after January 1, 1974.
(b) If a new person assumes ownership or operational responsibilities for an underground storage tank, that person shall inform the director of the change within 30 days after the change occurs.
(c) Each installer of an underground storage tank shall notify the director of the completed installation within 60 days following the installation of an underground storage tank.
(2)
(a) The owner or operator of an aboveground petroleum storage tank shall notify the director of the location of the aboveground petroleum storage tank by no later than:
(i) June 30, 2022, if the aboveground petroleum storage tank is installed on or before June 30, 2022;
(ii) if the aboveground petroleum storage tank is installed on or after July 1, 2022, 30 days after the day on which the aboveground petroleum storage tank is installed;
(iii) 30 days before the aboveground petroleum storage tank is closed; or
(iv) within 24 hours of the discovery of a reportable release or suspected release, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, from an aboveground petroleum storage tank.
(b) When notifying the director under this Subsection (2), an owner of an aboveground petroleum storage tank described in this Subsection (2) shall pay a processing fee established under Section 63J-1-504.
(c) Before operating an aboveground petroleum storage tank on or after June 30, 2023, the owner or operator of the aboveground petroleum storage tank shall provide financial responsibility by participating in the Environmental Assurance Program or demonstrating coverage through another method approved by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(d)
(i) The director shall certify when an owner or operator of an aboveground petroleum storage tank is in compliance with this Subsection (2).
(ii) The board shall make rules providing for the identification, through a tag or other readily identifiable method, of an aboveground petroleum storage tank under Subsection (2)(a) that is not certified by the director as in compliance with this Subsection (2).
(3) The director may issue a notice of agency action assessing a civil penalty in the amount of $1,000 if an owner, operator, or installer of a petroleum storage tank fails to register the tank or provide notice as required in Subsection (1) or (2).
(4) The penalties collected under authority of this section shall be deposited in the Petroleum Storage Tank Restricted Account created in Section 19-6-405.5.
Amended by Chapter 202, 2021 General Session