§ 19-6-403 — Powers and duties of board.

The board shall regulate a petroleum storage tank by:
(1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, making rules that:
(1)(a) provide for the:
(1)(a)(i) certification of a petroleum storage tank installer, inspector, tester, or remover;
(1)(a)(ii) registration of an underground storage tank operator;
(1)(a)(iii) registration of a petroleum storage tank;
(1)(a)(iv) administration of the petroleum storage tank program;
(1)(a)(v) format of, and required information in, a record kept by an underground storage or petroleum storage tank owner or operator who is participating in the fund;
(1)(a)(vi) voluntary participation in the fund for a tank containing regulated substances, but excluded from the definition of a petroleum storage tank as provided in Section 19-6-415;
(1)(a)(vii) certification of a petroleum storage tank consultant including:
(1)(a)(vii)(A) a minimum education or experience requirement; and
(1)(a)(vii)(B) a recognition of the educational requirement of a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, as meeting the education requirement for certification; and
(1)(a)(viii) compliance with this chapter by an aboveground petroleum storage tank;
(1)(b) adopt the requirements for an underground storage tank contained in:
(1)(b)(i) the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 6991, et seq., as may be amended in the future; and
(1)(b)(ii) an applicable federal requirement authorized by the federal law referenced in Subsection (1)(b)(i); and
(1)(c) comply with the requirements of the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 6991, et seq., as may be amended in the future, for the state's assumption of primacy in the regulation of an underground storage tank; and
(2) applying the provisions of this part.

Legislative History

Amended by Chapter 14, 2025 General Session