Certificate of compliance: means a certificate issued to a facility by the director:
(a)
demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and
(b)
listing petroleum storage tanks at the facility, specifying:
(i)
which tanks may receive petroleum; and
(ii)
which tanks have not met the requirements for compliance. See Utah Code 19-6-402
Certificate of registration: means a certificate issued to a facility by the director demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has:
Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402
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
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
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
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)
Beginning July 1, 1990, an owner or operator of a petroleum storage tank may obtain a certificate of compliance for the facility.
(b)
Effective July 1, 1991, each owner or operator of a petroleum storage tank shall have a certificate of compliance for the facility.
(2)
The director shall issue a certificate of compliance if:
(a)
the owner or operator has a certificate of registration;
(b)
the owner or operator demonstrates it is participating in the Environmental Assurance Program under Section 19-6-410.5, or otherwise demonstrates compliance with financial assurance requirements as defined by rule;
(c)
all state and federal statutes, rules, and regulations have been substantially complied with; and
(d)
all tank test requirements of Section 19-6-413 have been met.
(3)
If the ownership of or responsibility for the petroleum storage tank changes, the certificate of compliance is still valid unless it has been revoked or has lapsed.
(4)
The director may issue a certificate of compliance for a period of less than one year to maintain an administrative schedule of certification.
(5)
The director shall reissue a certificate of compliance if the owner or operator of an underground storage tank has complied with the requirements of Subsection (2).
(6)
If the owner or operator electing to participate in the program has a number of tanks in an area where the director finds it would be difficult to accurately determine which of the tanks may be the source of a release, the owner may only elect to place all of the tanks in the area in the program, but not just some of the tanks in the area.
