Utah Code 19-6-418. Recovery of costs by director

(1)

The director may recover:

Terms Used In Utah Code 19-6-418

Costs: means money expended for:

(a)	investigation;

(b)	abatement action;

(c)	corrective action;

(d)	judgments, awards, and settlements for bodily injury or property damage to third parties;

(e)	legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or

(f)

costs incurred by the state risk manager in determining the actuarial soundness of the fund. 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

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:

(a)	60 degrees Fahrenheit; and

(b)

a pressure of 14. 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

Responsible party: is a s defined in Subsections (27)(a)(i), (ii), and (iii) does not include:

(i)

a person who is not an operator and, without participating in the management of a facility and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership:

(A)	primarily to protect the person's security interest in the facility; or

(B)	as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or

(ii)	governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), 42 U. See Utah Code 19-6-402
(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

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