19-6-414. Grounds for revocation of certificate of compliance and ineligibility for payment of costs from fund.
(1)
If the director determines that any of the requirements of Subsection 19-6-412(2), Section 19-6-413, or Subsection 19-6-420(2) have not been met, the director shall notify the owner or operator by certified mail that:
Terms Used In Utah Code 19-6-414
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
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
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
the owner or operator’s certificate of compliance may be revoked;
(b)
if the owner or operator is participating in the program, the owner or operator is violating the eligibility requirements for the fund; and
(c)
the owner or operator shall demonstrate the owner or operator’s compliance with this part within 60 days after receipt of the notification or the certificate of compliance will be revoked and if participating in the program the owner or operator will be ineligible to receive payment for claims against the fund.
(2)
If the director determines the owner’s or operator’s compliance problems have not been resolved within 60 days after receipt of the notification in Subsection (1), the director shall send written notice to the owner or operator that the owner’s or operator’s certificate of compliance is revoked and he is no longer eligible for payment of costs from the fund.
(3)
Revocation of certificates of compliance may be appealed to the executive director.
