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.

Terms Used In Utah Code 19-6-405.7

  • Abatement action: means action taken to limit, reduce, mitigate, or eliminate:
(a) a release from a petroleum storage tank; or
(b) the damage caused by that release. See Utah Code 19-6-402
  • Corrective action plan: means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following:
    (a) cleanup or removal of the release;
    (b) containment or isolation of the release;
    (c) treatment of the release;
    (d) correction of the cause of the release;
    (e) monitoring and maintenance of the site of the release;
    (f) provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or
    (g) temporary or permanent relocation, whichever is determined by the director to be more cost-effective, of a person whose dwelling has been determined by the director to be no longer habitable due to the release. 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:
    (a) 60 degrees Fahrenheit; and
    (b) a pressure of 14. See Utah Code 19-6-402
  • Petroleum storage tank: means a tank that:
    (a) is an underground storage tank;
    (b) is an aboveground petroleum storage tank; or
    (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
    (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