§ 19-6-428 — Eligibility for participation in the fund.

(1) Subject to Section 19-6-410.5, an owner or operator of a petroleum storage tank may elect to participate in the program by meeting the requirements of this part, including paying the tank fees and environmental assurance fee as provided in Sections 19-6-410.5 and 19-6-411.
(2) (2)(a) If an owner or operator elects to participate in the program after a period of non-participation, the owner or operator of the petroleum storage tank shall, in order to subsequently participate in the program:
(2)(a)(i) perform a tank tightness test;
(2)(a)(ii) except as provided in Subsection (2)(b), (c), or (d), perform a site check, including soil and, when applicable, groundwater samples, to demonstrate that no release of petroleum exists or that there has been adequate remediation of releases as required by board rules;
(2)(a)(iii) provide the required tests and samples to the director; and
(2)(a)(iv) comply with the requirements of this part.
(2)(b) A site check under Subsection (2)(a)(ii) is not required if the director determines, with reasonable cause, that soil and groundwater samples are unnecessary to establish that no petroleum has been released.
(2)(c) (2)(c)(i) For an aboveground petroleum storage tank, a site check under Subsection (2)(a)(ii) is not required to participate in the program and historic contamination is covered as provided in Subsection (2)(c)(ii) if the release meets the requirements of this part.
(2)(c)(ii) (2)(c)(ii)(A) Historic contamination, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, is covered only if the historic contamination is discovered more than five years after the day the owner or operator elects to participate in the program.
(2)(c)(ii)(B) Historic contamination is 20% covered beginning on the five-year date after five years of continuous participation in the program.
(2)(c)(ii)(C) Historic contamination is covered at increasing amounts of 20% each year after the five years of continuous participation in the program until after 10 years of continuous participation in the program the historic contamination is covered at 100%.
(2)(c)(iii) New releases, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are covered at 100% beginning on the day the aboveground petroleum storage tank participates in the program.
(2)(d) (2)(d)(i) For an underground storage tank that previously elected not to participate in the program, a site check under Subsection (2)(a)(ii) is not required to begin participating in the program and historic contamination is covered as provided in under Subsection (2)(d)(ii) if the release meets the requirements of this part.
(2)(d)(ii) (2)(d)(ii)(A) Historic contamination, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, is covered only if the historic contamination is discovered more than five years after the day the owner or operator elects to participate in the program.
(2)(d)(ii)(B) Historic contamination is 20% covered after five years of continuous participation in the program.
(2)(d)(ii)(C) Historic contamination is covered at increasing amounts of 20% each year after the five years of continuous participation in the program until after 10 years of continuous participation in the program the historic contamination is covered at 100%.
(2)(d)(iii) New releases, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are covered at 100% beginning on the day the underground storage tank participates in the program.
(3) The director shall review the tests and samples provided under Subsection (2)(a)(iii) to determine:
(3)(a) whether or not any release of the petroleum has occurred; or
(3)(b) if the remediation is adequate.

Legislative History

Amended by Chapter 14, 2025 General Session