Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
Contract: A legal written agreement that becomes binding when signed.
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
Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
Facility: means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. See Utah Code 19-6-402
Lien: A claim against real or personal property in satisfaction of a debt.
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:
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
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
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
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)
administer the petroleum storage tankprogram established in this part; and
(b)
as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the chairman of the board.
(2)
As necessary to meet the requirements or carry out the purposes of this part, the director may:
(a)
advise, consult, and cooperate with other persons;
(b)
employ persons;
(c)
authorize a certified employee or a certified representative of the department to conduct facility inspections and reviews of records required to be kept by this part and by rules made under this part;
(d)
encourage, participate in, or conduct studies, investigation, research, and demonstrations;
(e)
collect and disseminate information;
(f)
enforce rules made by the board and any requirement in this part by issuing notices and orders;
(g)
review plans, specifications, or other data;
(h)
under the direction of the executive director, represent the state in all matters pertaining to interstate underground storage tank management and control, including entering into interstate compacts and other similar agreements;
(i)
enter into contracts or agreements with political subdivisions for the performance of any of the department’s responsibilities under this part if:
(i)
the contract or agreement is not prohibited by state or federal law and will not result in a loss of federal funding; and
(ii)
the director determines that:
(A)
the political subdivision is willing and able to satisfactorily discharge its responsibilities under the contract or agreement; and
(B)
the contract or agreement will be practical and effective;
(j)
take any necessary enforcement action authorized under this part, including filing a lien against the real property, which is subject to cleanup and is owned by a responsible party, for the costs of abatement, investigative and corrective actions taken by the agency, if necessary, and depositing any funds received into the Petroleum Storage Tank Cleanup Fund created in Section 19-6-405.7;
(k)
require an owner or operator of an underground storage tank to:
(i)
furnish information or records relating to the tank, its equipment, and contents;
(ii)
monitor, inspect, test, or sample the tank, its contents, and any surrounding soils, air, or water; or
(iii)
provide access to the tank at reasonable times;
(l)
take any abatement, investigative, or corrective action as authorized in this part; or
(m)
enter into agreements or issue orders to apportion percentages of liability of responsible parties under Section 19-6-424.5.
