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:

Terms Used In Utah Code 19-6-403

  • 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:
(a) 
(i) has attached underground piping; or
(ii) rests directly on the ground;
(b) contains regulated substances;
(c) has the capacity to hold 501 gallons or more; and
(d) is not:
(i) used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(ii) 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
  • Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • 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
  • Program: means the Environmental Assurance Program under Section 19-6-410. See Utah Code 19-6-402
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-402
  • (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. § 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. § 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