Terms Used In Utah Code > Title 19 > Chapter 6 > Part 4 - Underground Storage Tank Act

• Abatement action: means action taken to limit, reduce, mitigate, or eliminate:

  (a)	a release from a petroleum storage tank; or

  (b)

  the damage caused by that release. See Utah Code 19-6-402 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 Active member: means a member who: (i)  is employed by a participating employer and accruing service credit; or (ii)  within the previous 120 days: (A)  has been employed by a participating employer; and (B)  accrued service credit. See Utah Code 49-11-102 Actuarial equivalent: means a benefit of equal value when computed upon the basis of mortality tables as recommended by the actuary and adopted by the executive director, including regular interest. See Utah Code 49-11-102 Actuarial interest rate: means the interest rate as recommended by the actuary and adopted by the board upon which the funding of system costs and benefits are computed. See Utah Code 49-11-102 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Affiliated emergency services worker: means a person who: (i)  is employed by a participating employer; (ii)  performs emergency services for another participating employer that is a different agency; (iii)  is trained in techniques and skills required for the emergency service; (iv)  continues to receive regular training required for the service; (v)  is on the rolls as a trained affiliated emergency services worker of the participating employer; and (vi)  provides ongoing service for a participating employer, which service may include service as a volunteer firefighter, reserve law enforcement officer, search and rescue worker, emergency medical technician, ambulance worker, park ranger, or public utilities worker. See Utah Code 49-11-1202 Agency: means : (i)  a department, division, agency, office, authority, commission, board, institution, or hospital of the state; (ii)  a county, municipality, school district, special district, or special service district; (iii)  a state college or university; or (iv)  any other participating employer. See Utah Code 49-11-102 Alternate payee: means a member's former spouse or family member eligible to receive payments under a Domestic Relations Order in compliance with Section 49-11-612. See Utah Code 49-11-102 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Amortization: Paying off a loan by regular installments. Amortization rate: means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's reemployed position were deemed to be an eligible, full-time position within that system. See Utah Code 49-11-1202 Amortization rate: means the amortization rate, as defined in Section 49-11-102, to be applied to the system that would have covered the retiree if the retiree's part-time position were considered to be an eligible, full-time position within that system. See Utah Code 49-11-1301 Annuity: means monthly payments derived from member contributions. See Utah Code 49-11-102 Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appointive officer: means an employee appointed to a position for a definite and fixed term of office by official and duly recorded action of a participating employer whose appointed position is designated in the participating employer's charter, creation document, or similar document, and: (a)  who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-12-407 for a Tier I appointive officer; and (b)  whose appointive position is full-time as certified by the participating employer for a Tier II appointive officer. See Utah Code 49-11-102 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. At-will employee: means a person who is employed by a participating employer and: (i)  who is not entitled to merit or civil service protection and is generally considered exempt from a participating employer's merit or career service personnel systems; (ii)  whose on-going employment status is entirely at the discretion of the person's employer; or (iii)  who may be terminated without cause by a designated supervisor, manager, or director. See Utah Code 49-11-102 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels. Beneficiary: means any person entitled to receive a payment under this title through a relationship with or designated by a member, participant, covered individual, or alternate payee of a defined contribution plan. See Utah Code 49-11-102 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Benefit company: means a limited liability company: (a)  that elects to become subject to this chapter; and (b)  the status of which as a benefit company has not been terminated. See Utah Code 48-4-103 Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for: (a)  failure of a benefit company to pursue or create general public benefit or a specific public benefit described in the benefit company's certificate of organization; or (b)  a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 48-4-103 Benefits normally provided: means a benefit offered by an employer, including: (i)  a leave benefit of any kind; (ii)  insurance coverage of any kind if the employer pays some or all of the premium for the coverage; (iii)  employer contributions to a health savings account, health reimbursement account, health reimbursement arrangement, or medical expense reimbursement plan; and (iv)  a retirement benefit of any kind if the employer pays some or all of the cost of the benefit. See Utah Code 49-12-102 Benefits normally provided: means the same as that term is defined in Section 49-12-102. See Utah Code 49-13-102 Board: means the Utah State Retirement Board established under Section 49-11-202. See Utah Code 49-11-102 Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-402 Board member: means a person serving on the Utah State Retirement Board as established under Section 49-11-202. See Utah Code 49-11-102 Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402 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 organization: means the certificate required by Section 48-3a-201. See Utah Code 48-3a-102 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: (a)  registered the tanks; and (b)  paid the annual tank fee. See Utah Code 19-6-402 Certified contribution rate: means the board certified percent of salary paid on behalf of an active member to the office to maintain the system on a financially and actuarially sound basis. See Utah Code 49-11-102 Certified petroleum storage tank consultant: means a person who: (i)  for a fee, or in connection with services for which a fee is charged, provides or contracts to provide information, opinions, or advice relating to underground storage tank release: (A)  management; (B)  abatement; (C)  investigation; (D)  corrective action; or (E)  evaluation; (ii)  has submitted an application to the director; (iii)  received a written statement of certification from the director; and (iv)  meets the education and experience standards established by the board under Subsection 19-6-403(1)(a)(vii). See Utah Code 19-6-402 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Closed: means a petroleum storage tank that is no longer in use that has been: (a)  emptied and cleaned to remove the liquids and accumulated sludges; and (b)  (i)  removed along with all underground components; or (ii)  filled with an inert solid material, and in the case of piping, secured and capped. See Utah Code 19-6-402 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Compensation: means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including: (i)  bonuses; (ii)  cost-of-living adjustments; (iii)  other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law; (iv)  amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; and (v)  member contributions. See Utah Code 49-12-102 Compensation: means the total amount of payments made by a participating employer to a member of this system for services rendered to the participating employer, including: (i)  bonuses; (ii)  cost-of-living adjustments; (iii)  other payments currently includable in gross income and that are subject to social security deductions, including any payments in excess of the maximum amount subject to deduction under social security law; and (iv)  amounts that the member authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law. See Utah Code 49-13-102 Contract: A legal written agreement that becomes binding when signed. Contributions: means the total amount paid by the participating employer and the member into a system or to the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act. See Utah Code 49-11-102 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Corrective action plan: means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following: (a)  cleanup or removal of the release; (b)  containment or isolation of the release; (c)  treatment of the release; (d)  correction of the cause of the release; (e)  monitoring and maintenance of the site of the release; (f)  provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or (g)  temporary or permanent relocation, whichever is determined by the director to be more cost-effective, of a person whose dwelling has been determined by the director to be no longer habitable due to the release. 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 Council member: means a person serving on the Membership Council established under Section 49-11-205. See Utah Code 49-11-102 Covered by the fund: means the requirements of Section 19-6-424 have been met. See Utah Code 19-6-402 Covered individual: means any individual covered under Chapter 20, Public Employees' Benefit and Insurance Program Act. See Utah Code 49-11-102 Current service: means covered service under: (a)  Chapter 12, Public Employees' Contributory Retirement Act; (b)  Chapter 13, Public Employees' Noncontributory Retirement Act; (c)  Chapter 14, Public Safety Contributory Retirement Act; (d)  Chapter 15, Public Safety Noncontributory Retirement Act; (e)  Chapter 16, Firefighters' Retirement Act; (f)  Chapter 17, Judges' Contributory Retirement Act; (g)  Chapter 18, Judges' Noncontributory Retirement Act; (h)  Chapter 19, Utah Governors' and Legislators' Retirement Act; (i)  Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or (j)  Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act. See Utah Code 49-11-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. defined benefit system: means a system or plan offered under this title to provide a specified allowance to a retiree or a retiree's spouse after retirement that is based on a set formula involving one or more of the following factors: (a)  years of service; (b)  final average monthly salary; or (c)  a retirement multiplier. See Utah Code 49-11-102 defined contribution plan: means any defined contribution plan or deferred compensation plan authorized under the Internal Revenue Code and administered by the board. See Utah Code 49-11-102 Dependent: A person dependent for support upon another. Director: means the director of the Division of Environmental Response and Remediation. See Utah Code 19-6-402 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). See Utah Code 19-6-402 Docket: A log containing brief entries of court proceedings. Dwelling: means a building that is usually occupied by a person lodging there at night. See Utah Code 19-6-402 Educational institution: means a political subdivision or instrumentality of the state or a combination thereof primarily engaged in educational activities or the administration or servicing of educational activities, including: (a)  the State Board of Education and its instrumentalities; (b)  any institution of higher education and its branches; (c)  any school district and its instrumentalities; (d)  any vocational and technical school; and (e)  any entity arising out of a consolidation agreement between entities described under this Subsection (22). See Utah Code 49-11-102 Employer: means any department, educational institution, or political subdivision of the state eligible to participate in a government-sponsored retirement system under federal law. See Utah Code 49-11-102 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103 Exempt employee: means an employee working for a participating employer: (a)  who is not eligible for service credit under Section 49-12-203, 49-13-203, 49-14-203, 49-15-203, or 49-16-203; and (b)  for whom a participating employer is not required to pay contributions or nonelective contributions. See Utah Code 49-11-102 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 Fiduciary: A trustee, executor, or administrator. Final average monthly salary: means the amount computed by dividing the compensation received during the final average salary period under each system by the number of months in the final average salary period. See Utah Code 49-11-102 Final average salary: means the amount calculated by averaging the highest five years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), (e), and (f). See Utah Code 49-12-102 Final average salary: means the amount calculated by averaging the highest three years of annual compensation preceding retirement subject to Subsections (3)(b), (c), (d), and (e). See Utah Code 49-13-102 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. Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances: You are late making a payment or commit some other default, triggering an increase to a penalty rate The bank changes the terms of your account and you do not reject the change. The rate expires (if the rate was fixed for only a certain period of time). Fraud: Intentional deception resulting in injury to another. Full-time: means a: (a)  regular full-time employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 40 hours or more per week and who receives benefits normally provided by the participating employer; (b)  teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches full time; (c)  firefighter service employee whose employment normally requires an average of 2,080 hours of regularly scheduled firefighter service per year; and (d)  public safety service employee whose employment normally requires an average of 2,080 hours of regularly scheduled public safety service per year. See Utah Code 49-11-1301 Fund: means any fund created under this title for the purpose of paying benefits or costs of administering a system, plan, or program. See Utah Code 49-11-102 Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor General public benefit: means a material positive impact on society and the environment: (a)  taken as a whole; (b)  assessed against a third-party standard; and (c)  from the business of a benefit company. See Utah Code 48-4-103 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Half-time: means : (a)  a regular employee whose term of employment for a participating employer contemplates continued employment during a fiscal or calendar year and whose employment normally requires an average of 20 hours per week and who receives benefits normally provided by the participating employer; (b)  a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time; (c)  a firefighter service employee whose employment normally requires an average of 1,040 hours of regularly scheduled firefighter service per year; (d)  a public safety service employee whose employment normally requires an average of 1,040 hours of regularly scheduled public safety service per year; and (e)  for a retiree employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, one-half of that regularly scheduled work period as long as the retiree has continuing employment in that same position. See Utah Code 49-11-1301 Immediate family member: means a parent, spouse, surviving spouse, child, or sibling. See Utah Code 48-4-103 Inactive member: means a member who has not been employed by a participating employer for a period of at least 120 days. See Utah Code 49-11-102 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Institution of higher education: means an institution described in Section 53B-1-102. See Utah Code 49-11-102 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Intestate: Dying without leaving a will. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Member: means a person, except a retiree, with contributions on deposit with a system, the Utah Governors' and Legislators' Retirement Plan under Chapter 19, Utah Governors' and Legislators' Retirement Act, or with a terminated system. See Utah Code 49-11-102 Member contributions: means the sum of the contributions paid to a system or the Utah Governors' and Legislators' Retirement Plan, including refund interest if allowed by a system, and which are made by: (a)  the member; and (b)  the participating employer on the member's behalf under Section 414(h) of the Internal Revenue Code. See Utah Code 49-11-102 Minimum status vote: means : (a)  in the case of a limited liability company, in addition to any other required approval or vote, the satisfaction of the following conditions: (i)  the members of every class or series may vote as a separate voting group on an action of the limited liability company regardless of a limitation state in the certificate of organization or operating agreement on the voting rights of any class or series; and (ii)  the action of the limited liability company is required to be approved by vote of the members of each class or series entitled to cast at least two-thirds of the votes that all members of the class or series are entitled to cast on the action; or (b)  in the case of a domestic entity other than a limited liability company, in addition to any other required approval, vote, or consent, the satisfaction of the following conditions: (i)  the holders of every class or series of interest in the entity that are entitled to receive a distribution of any kind from the entity may vote on or consent to the action regardless of any otherwise applicable limitation on voting or consent rights of the class or series; and (ii)  the action of the limited liability company is required to be approved by vote or consent of the holders described in Subsection (6)(b)(i) entitled to cast at least two-thirds of the votes or consents that all of those holders are entitled to cast on the action. See Utah Code 48-4-103 Minority leader: See Floor Leaders Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Nonelective contribution: means an amount contributed by a participating employer into a participant's defined contribution account. See Utah Code 49-11-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Office: means the Utah State Retirement Office. See Utah Code 49-11-102 Operating agreement: means the agreement, whether or not referred to as an operating agreement and whether oral, implied, in a record, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in Subsection 48-3a-112(1). See Utah Code 48-3a-102 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 Owns: includes ownership as the owner of record or as a beneficial owner. See Utah Code 48-4-103 Part-time appointed or elected board member: means an individual who: (a)  serves in a position: (i)  as a member of a board, commission, council, committee, panel, or other body of a participating employer; and (ii)  that is designated in the participating employer's governing statute, charter, creation document, or similar document; (b)  is appointed or elected to the position for a definite and fixed term of office by official and duly recorded action of the participating employer; (c)  except for the service in the position, does not perform other work or service for compensation for the participating employer, whether as an employee or under a contract; and (d)  retires from a participating employer that is different than the participating employer with the position in which the person serves. See Utah Code 49-11-1202 Participant: means an individual with voluntary deferrals or nonelective contributions on deposit with the defined contribution plans administered under this title. See Utah Code 49-11-102 Participating employer: means a participating employer, as defined by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, and Chapter 18, Judges' Noncontributory Retirement Act, or an agency financed in whole or in part by public funds which is participating in a system or plan as of January 1, 2002. See Utah Code 49-11-102 Participating employer: means an employer that meets the participation requirements of Sections 49-12-201 and 49-12-202. See Utah Code 49-12-102 Participating employer: means an employer that meets the participation requirements of Sections 49-13-201 and 49-13-202. See Utah Code 49-13-102 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Pension: means monthly payments derived from participating employer contributions. See Utah Code 49-11-102 Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103 Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-3a-102 Person: means :Utah Code 68-3-12.5 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 Phased retirement: means continuing employment: (a)  on a half-time basis of a retiree with the same participating employer following the retiree's retirement date while the retiree receives a reduced retirement allowance; or (b)  on a three-quarter time basis of a retiree with the same participating employer following the retiree's retirement date while the retiree receives a reduced retirement allowance if the retiree is employed as a public safety service employee or a firefighter service employee. See Utah Code 49-11-1301 Plan: means the Utah Governors' and Legislators' Retirement Plan created by Chapter 19, Utah Governors' and Legislators' Retirement Act, the New Public Employees' Tier II Defined Contribution Plan created by 4, the New Public Safety and Firefighter Tier II Defined Contribution Plan created by 4, or the defined contribution plans created under Section 49-11-801. See Utah Code 49-11-102 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: Political subdivision: includes special districts, special service districts, or authorities created by the Legislature or by local governments, including the office. See Utah Code 49-11-102 Probate: Proving a will Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Program: means the Public Employees' Insurance Program created under Chapter 20, Public Employees' Benefit and Insurance Program Act, or the Public Employees' Long-Term Disability program created under Chapter 21, Public Employees' Long-Term Disability Act. See Utah Code 49-11-102 Program: means the Environmental Assurance Program under Section 19-6-410. See Utah Code 19-6-402 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property damage: means physical injury to, destruction of, or loss of use of tangible property. See Utah Code 19-6-402 Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator. Public funds: means those funds derived, either directly or indirectly, from public taxes or public revenue, dues or contributions paid or donated by the membership of the organization, used to finance an activity whose objective is to improve, on a nonprofit basis, the governmental, educational, and social programs and systems of the state or its political subdivisions. See Utah Code 49-11-102 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Quorum: The number of legislators that must be present to do business. reemployment: means work or service performed for a participating employer after retirement, in exchange for compensation. See Utah Code 49-11-1202 Refund interest: means the amount accrued on member contributions at a rate adopted by the board. See Utah Code 49-11-102 Regular full-time employee: includes : (i)  a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half-time or more; (ii)  a classified school employee: (A)  who is hired before July 1, 2013; and (B)  whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided; (iii)  an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-12-407; (iv)  a faculty member or employee of an institution of higher education who is considered full-time by that institution of higher education; and (v)  an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-12-102 Regular full-time employee: includes : (i)  a teacher whose term of employment for a participating employer contemplates continued employment during a school year and who teaches half time or more; (ii)  a classified school employee: (A)  who is hired before July 1, 2013; and (B)  whose employment normally requires an average of 20 hours per week or more for a participating employer, regardless of benefits provided; (iii)  an officer, elective or appointive, who earns $500 or more per month, indexed as of January 1, 1990, as provided in Section 49-13-407; (iv)  a faculty member or employee of an institution of higher education who is considered full time by that institution of higher education; and (v)  an individual who otherwise meets the definition of this Subsection (5) who performs services for a participating employer through a professional employer organization or similar arrangement. See Utah Code 49-13-102 Regulated substance: includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. 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 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remand: When an appellate court sends a case back to a lower court for further proceedings. 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 (B)  as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or (ii)  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 Retiree: means an individual who has qualified for an allowance under this title. See Utah Code 49-11-102 Retirement: means the status of an individual who has become eligible, applies for, and is entitled to receive an allowance under this title. See Utah Code 49-11-102 retirement allowance: means the pension plus the annuity, including any cost of living or other authorized adjustments to the pension and annuity. See Utah Code 49-11-102 Retirement date: means the date selected by the member on which the member's retirement becomes effective with the office. See Utah Code 49-11-102 Service credit: means : (a)  the period during which an employee is employed and compensated by a participating employer and meets the eligibility requirements for membership in a system or the Utah Governors' and Legislators' Retirement Plan, provided that any required contributions are paid to the office; and (b)  periods of time otherwise purchasable under this title. See Utah Code 49-11-102 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Specific public benefit: includes : (a)  providing low-income or underserved individuals or communities with beneficial products or services; (b)  promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business; (c)  protecting or restoring the environment; (d)  improving human health; (e)  promoting the arts, sciences, or advancement of knowledge; (f)  increasing the flow of capital to entities with a purpose to benefit society or the environment; and (g)  conferring any other particular benefit on society or the environment. See Utah Code 48-4-103 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 Statute: A law passed by a legislature. Subsidiary: means , in relation to a person, an entity in which the person owns beneficially or of record, 50% or more of the outstanding equity interests, calculated as if all outstanding rights to acquire equity interests in the entity have been exercised. See Utah Code 48-4-103 Surviving spouse: means : (a)  the lawful spouse who has been married to a member for at least six months immediately before the death date of the member; or (b)  a former lawful spouse of a member with a valid domestic relations order benefits on file with the office before the member's death date in accordance with Section 49-11-612. See Utah Code 49-11-102 System: means the individual retirement systems created by Chapter 12, Public Employees' Contributory Retirement Act, Chapter 13, Public Employees' Noncontributory Retirement Act, Chapter 14, Public Safety Contributory Retirement Act, Chapter 15, Public Safety Noncontributory Retirement Act, Chapter 16, Firefighters' Retirement Act, Chapter 17, Judges' Contributory Retirement Act, Chapter 18, Judges' Noncontributory Retirement Act, and Chapter 19, Utah Governors' and Legislators' Retirement Act, the defined benefit portion of the Tier II Hybrid Retirement System under 3, and the defined benefit portion of the Tier II Hybrid Retirement System under 3. See Utah Code 49-11-102 System: means the Public Employees' Contributory Retirement System created under this chapter. See Utah Code 49-12-102 System: means the Public Employees' Noncontributory Retirement System. See Utah Code 49-13-102 Technical college: means the same as that term is defined in Section 53B-1-101. See Utah Code 49-11-102 Third-party standard: means a standard for defining, reporting, and assessing overall social and environmental performance that: (a)  assesses the effect of a business and a business's operations on the interests described in Subsections 48-4-301(1)(a)(ii) through (v); (b)  is developed by an entity: (i)  that is independent of the benefit company; (ii)  whose governing body is comprised of no more than one-third of members who are representatives of any of the following: (A)  an association of businesses that operate in a specific industry whose members are measured by the standard; (B)  businesses from a specific industry or an association of businesses in that industry; or (C)  businesses whose performance is assessed against the standard; (iii)  that is not materially financed by an association or business described in Subsection (10)(b)(ii); (iv)  that has access to necessary expertise to assess overall social and environmental performance; (v)  uses a balanced multistakeholder approach to develop the standard, including a public comment period of at least 30 days; and (vi)  makes the following information publically available: (A)  the criteria considered when measuring the overall social and environmental performance of a business; (B)  the relative weightings, if any, of the criteria described in Subsection (10)(b)(vi)(A); (C)  the identity of each director, officer, material owner, and governing body of the entity that developed and controls revisions to the standard; (D)  the process by which revisions to the standard and changes to the membership of the governing body are made; and (E)  an accounting of the revenue and sources of financial support for the entity, with sufficient detail to disclose a relationship that could reasonably be considered to present a potential conflict of interest. See Utah Code 48-4-103 Three-quarter time: means : (a)  a firefighter service employee whose employment normally requires an average of 1,560 hours of regularly scheduled firefighter service per year; (b)  a public safety service employee whose employment normally requires an average of 1,560 hours of regularly scheduled public safety service per year; and (c)  for a retiree who was employed before retirement as a public safety service employee or a firefighter service employee in a position for which the participating employer established a regularly scheduled work period in excess of 2,080 hours per year, three quarters of that regularly scheduled work period as long as the retiree has continuing employment in that same position. See Utah Code 49-11-1301 Tier I: means a system or plan under this title for which: (a)  an employee is eligible to participate if the employee initially enters regular full-time employment before July 1, 2011; or (b)  a governor or legislator who initially enters office before July 1, 2011. See Utah Code 49-11-102 Tier II: includes : (i)  the Tier II hybrid system established under: (A)  3; or (B)  3; and (ii)  the Tier II Defined Contribution Plan (Tier II DC Plan) established under: (A)  4; or (B)  4. See Utah Code 49-11-102 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Underground piping: means piping that is buried in the ground that is in direct contact with soil and connected to an aboveground petroleum storage tank. See Utah Code 19-6-402 Underground storage tank: means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, 42 U. See Utah Code 19-6-402 Underground storage tank installation company: means a person, firm, partnership, corporation, governmental entity, association, or other organization that installs underground storage tanks. See Utah Code 19-6-402 Underground storage tank installation company permit: means a permit issued to an underground storage tank installation company by the director. See Utah Code 19-6-402 Uniformed services: means :Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Board of Higher Education: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 49-11-102 Verdict: The decision of a petit jury or a judge. Voluntary deferrals: means an amount contributed by a participant into that participant's defined contribution account. See Utah Code 49-11-102 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5 Years of service credit: means : (a)  a period consisting of 12 full months as determined by the board; (b)  a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter; or (c)  the regular school year consisting of not less than eight months of full-time service for a regular full-time employee of an educational institution. See Utah Code 49-12-102 Years of service credit: means : (a)  a period consisting of 12 full months as determined by the board; (b)  a period determined by the board, whether consecutive or not, during which a regular full-time employee performed services for a participating employer, including any time the regular full-time employee was absent on a paid leave of absence granted by a participating employer or was absent in the service of the United States government on military duty as provided by this chapter; or (c)  the regular school year consisting of not less than eight months of full-time service for a regular full-time employee of an educational institution. See Utah Code 49-13-102