19-6-407. Underground storage tank registration — Change of ownership or operation — Aboveground petroleum storage tank — Civil penalty.
(1)
Terms Used In Utah Code 19-6-407
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:
used for heating oil for consumptive use on the premises where stored;
(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;
(iv)
directly related to oil or gas production and gathering operations; or
(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
Closed: means a petroleum storage tank that is no longer in use that has been:
(a)
emptied and cleaned to remove the liquids and accumulated sludges; and
(b)
(i)
removed along with all underground components; or
(ii)
filled with an inert solid material, and in the case of piping, secured and capped. See Utah Code 19-6-402
Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
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 :
(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;
(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
(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
Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
Petroleum: includes crude oil or a fraction of crude oil that is liquid at:
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
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, 42 U. See Utah Code 19-6-402
(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
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.
