Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R311. Environmental Quality, Environmental Response and Remediation.

Rule R311-209. Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation.

As in effect on October 1, 2019

Table of Contents

R311-209-1. Definitions.

Definitions are found in Section R311-200.

R311-209-2. Use of the State Cleanup Appropriation.

The Director shall authorize action or expenditure of money from the Petroleum Storage Tank Cleanup Fund and the State Cleanup Appropriation, as authorized by Sections 19-6-405.7, 19-6-409(5) and 19-6-424.5(9) respectively, when:

(a) The release is from a regulated UST,

(b) The owner or operator is not fully covered by the Petroleum Storage Tank Trust Fund,

(c) The release is a direct or potential threat to human health or the environment, and

(d) The owner or operator is unknown, unable, or unwilling to bring the site under control or remediate the site to achieve the clean-up goals as described in Section R311-211, or

(e) Other relevant factors are evident as determined by the Director.

R311-209-3. Criteria for Allocating Petroleum Storage Tank Cleanup Funds and the State Cleanup Appropriations.

When determining priorities for authorizing action or expenditures from the Petroleum Storage Tank Cleanup Fund and the State Cleanup Appropriation, the Director shall give due emphasis to releases that present a threat to the public health or the environment on a case-by case basis using the following criteria:

(a) The immediate or direct threat to public health or the environment,

(b) The potential threat to public health or the environment,

(c) The economic consideration and cost effectiveness of the action, and

(d) The technology available, or

(e) Other relevant factors as determined by the Director.

R311-209-4. Recovery of Management and Oversight Expenses.

(a) Beginning July 1, 2015, the Director, in determining whether to recover management and oversight expenses pursuant to Utah Code Ann. 19-6-420(10), may consider the following factors:

(1) The responsible party's ability to pay; and

(2) Any other relevant factors the Director determines to be appropriate.

(b) At any time before or after the Director initiates collection of management and oversight expenses, the responsible party may apply to the Director for an exemption from paying these expenses. The responsible party shall furnish all documentation and information in the form and manner as prescribed by the Director in support of the application. The Director, in his sole discretion, may grant an exemption based on the responsible party's application in consideration of the factors listed in Subsection (a).

KEY

petroleum, underground storage tanks

Date of Enactment or Last Substantive Amendment

October 10, 2014

Notice of Continuation

March 27, 2017

Authorizing, Implemented, or Interpreted Law

19-6-105; 19-6-409; 19-6-420


Additional Information

Contact

For questions regarding the content or application of rules under Title R311, please contact the promulgating agency (Environmental Quality, Environmental Response and Remediation). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.