If all requirements of this part have been met and a release occurs from a tank that is covered by the fund, the costs per release are covered as provided under this section.
Terms Used In Utah Code 19-6-419
Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402
Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. 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
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
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Property damage: means physical injury to, destruction of, or loss of use of tangible property. 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
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
(2)
For releases reported before May 11, 2010, the responsible party shall pay:
(a)
the first $10,000 of costs; and
(b)
(i)
all costs over $1,000,000, if the release was from a tank:
(A)
located at a facility engaged in petroleum production, refining, or marketing; or
(B)
with an average monthly facility throughput of more than 10,000 gallons; and
(ii)
all costs over $500,000, if the release was from a tank:
(A)
not located at a facility engaged in petroleum production, refining, or marketing; and
(B)
with an average monthly facility throughput of 10,000 gallons or less.
(3)
For releases reported before May 11, 2010, if money is available in the fund and the responsible party has paid costs of $10,000, the director shall pay costs from the fund in an amount not to exceed:
(a)
$990,000 if the release was from a tank:
(i)
located at a facility engaged in petroleum production, refining, or marketing; or
(ii)
with an average monthly facility throughput of more than 10,000 gallons; and
(b)
$490,000 if the release was from a tank:
(i)
not located at a facility engaged in petroleum production, refining, or marketing; and
(ii)
with an average monthly facility throughput of 10,000 gallons or less.
(4)
For a release reported on or after May 11, 2010, the responsible party shall pay:
(a)
the first $10,000 of costs; and
(b)
(i)
all costs over $2,000,000, if the release was from a tank:
(A)
located at a facility engaged in petroleum production, refining, or marketing; or
(B)
with an average monthly facility throughput of more than 10,000 gallons; and
(ii)
all costs over $1,000,000, if the release was from a tank:
(A)
not located at a facility engaged in petroleum production, refining, or marketing; and
(B)
with an average monthly facility throughput of 10,000 gallons or less.
(5)
For a release reported on or after May 11, 2010, if money is available in the fund and the responsible party has paid costs of $10,000, the director shall pay costs from the fund in an amount not to exceed:
(a)
$1,990,000 if the release was from a tank:
(i)
located at a facility engaged in petroleum production, refining, or marketing; or
(ii)
with an average monthly facility throughput of more than 10,000 gallons; and
(b)
$990,000 if the release was from a tank:
(i)
not located at a facility engaged in petroleum production, refining, or marketing; and
(ii)
with an average monthly facility throughput of 10,000 gallons or less.
(6)
The director may pay fund money to a responsible party up to the following amounts in a fiscal year:
(a)
$1,990,000 to a responsible party owning or operating less than 100 petroleum storage tanks; or
(b)
$3,990,000 to a responsible party owning or operating 100 or more petroleum storage tanks.
(7)
(a)
In authorizing payments for costs from the fund, the director shall apportion money:
(i)
first, to the following type of expenses incurred by the state:
(A)
legal;
(B)
adjusting; and
(C)
actuarial;
(ii)
second, to costs incurred for:
(A)
investigation;
(B)
abatement action; and
(C)
corrective action; and
(iii)
third, to payment of:
(A)
judgments;
(B)
awards; and
(C)
settlements to third parties for bodily injury or property damage.
(b)
The board shall make rules governing the apportionment of costs among third party claimants.
