19-6-402 - Definitions.
19-6-402. Definitions.
As used in this part:
(1) "Abatement action" means action taken to limit, reduce, mitigate, or eliminate arelease from an underground storage tank or petroleum storage tank, or to limit or reduce,mitigate, or eliminate the damage caused by that release.
(2) "Board" means the Solid and Hazardous Waste Control Board created in Section19-1-106.
(3) "Bodily injury" means bodily harm, sickness, disease, or death sustained by anyperson.
(4) "Certificate of compliance" means a certificate issued to a facility by the executivesecretary:
(a) demonstrating that an owner or operator of a facility containing one or morepetroleum storage tanks has met the requirements of this part; and
(b) listing all tanks at the facility, specifying which tanks may receive petroleum andwhich tanks have not met the requirements for compliance.
(5) "Certificate of registration" means a certificate issued to a facility by the executivesecretary demonstrating that an owner or operator of a facility containing one or moreunderground storage tanks has:
(a) registered the tanks; and
(b) paid the annual underground storage tank fee.
(6) (a) "Certified underground storage tank consultant" means any person who:
(i) meets the education and experience standards established by the board underSubsection 19-6-403(1)(a)(vi) in order to provide or contract to provide information, opinions, oradvice relating to underground storage tank management, release abatement, investigation,corrective action, or evaluation for a fee, or in connection with the services for which a fee ischarged; and
(ii) has submitted an application to the board and received a written statement ofcertification from the board.
(b) "Certified underground storage tank consultant" does not include:
(i) an employee of the owner or operator of the underground storage tank, or anemployee of a business operation that has a business relationship with the owner or operator ofthe underground storage tank, and that markets petroleum products or manages undergroundstorage tanks; or
(ii) persons licensed to practice law in this state who offer only legal advice onunderground storage tank management, release abatement, investigation, corrective action, orevaluation.
(7) "Closed" means an underground storage tank no longer in use that has been:
(a) emptied and cleaned to remove all liquids and accumulated sludges; and
(b) either removed from the ground or filled with an inert solid material.
(8) "Corrective action plan" means a plan for correcting a release from a petroleumstorage tank that includes provisions for all or 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 persons whose drinking water has becomecontaminated by the release; or
(g) temporary or permanent relocation, whichever is determined by the executivesecretary to be more cost-effective, of persons whose dwellings have been determined by theexecutive secretary to be no longer habitable due to the release.
(9) "Costs" means any money expended for:
(a) investigation;
(b) abatement action;
(c) corrective action;
(d) judgments, awards, and settlements for bodily injury or property damage to thirdparties;
(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 thefund.
(10) "Covered by the fund" means the requirements of Section 19-6-424 have been met.
(11) "Dwelling" means a building that is usually occupied by a person lodging there atnight.
(12) "Enforcement proceedings" means a civil action or the procedures to enforce ordersestablished by Section 19-6-425.
(13) "Executive secretary" means the executive secretary of the board.
(14) "Facility" means all underground storage tanks located on a single parcel of propertyor on any property adjacent or contiguous to that parcel.
(15) "Fund" means the Petroleum Storage Tank Trust Fund created in Section 19-6-409.
(16) "Loan fund" means the Petroleum Storage Tank Loan Fund created in Section19-6-405.3.
(17) "Operator" means any person in control of or who is responsible on a daily basis forthe maintenance of an underground storage tank that is in use for the storage, use, or dispensingof a regulated substance.
(18) "Owner" means:
(a) in the case of an underground storage tank in use on or after November 8, 1984, anyperson who owns an underground storage tank used for the storage, use, or dispensing of aregulated substance; and
(b) in the case of any underground storage tank in use before November 8, 1984, but notin use on or after November 8, 1984, any person who owned the tank immediately before thediscontinuance of its use for the storage, use, or dispensing of a regulated substance.
(19) "Petroleum" includes crude oil or any fraction of crude oil that is liquid at 60degrees Fahrenheit and at a pressure of 14.7 pounds per square inch absolute.
(20) "Petroleum storage tank" means a tank that:
(a) (i) is underground;
(ii) is regulated under Subtitle I of the Resource Conservation and Recovery Act, 42U.S.C. Section 6991c, et seq.; and
(iii) contains petroleum; or
(b) is a tank that the owner or operator voluntarily submits for participation in the
Petroleum Storage Tank Trust Fund under Section 19-6-415.
(21) "Petroleum Storage Tank Restricted Account" means the account created in Section19-6-405.5.
(22) "Program" means the Environmental Assurance Program under Section 19-6-410.5.
(23) "Property damage" means physical injury to or destruction of tangible propertyincluding loss of use of that property.
(24) "Regulated substance" means petroleum and petroleum-based substances comprisedof a complex blend of hydrocarbons derived from crude oil through processes of separation,conversion, upgrading, and finishing, and includes motor fuels, jet fuels, distillate fuel oils,residual fuel oils, lubricants, petroleum solvents, and used oils.
(25) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, ordisposing from an underground storage tank or petroleum storage tank. The entire release isconsidered a single release.
(26) (a) "Responsible party" means any person who:
(i) is the owner or operator of a facility;
(ii) owns or has legal or equitable title in a facility or an underground storage tank;
(iii) owned or had legal or equitable title in the facility at the time any petroleum wasreceived or contained at the facility;
(iv) operated or otherwise controlled activities at the facility at the time any petroleumwas received or contained at the facility; or
(v) is an underground storage tank installation company.
(b) "Responsible party" as defined in Subsections (26)(a)(i), (ii), and (iii) does notinclude:
(i) any person who is not an operator and, without participating in the management of afacility and otherwise not engaged in petroleum production, refining, and marketing, holdsindicia of ownership:
(A) primarily to protect his security interest in the facility; or
(B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under anemployee benefit plan; or
(ii) governmental ownership or control of property by involuntary transfers as providedin CERCLA Section 101(20)(D), 42 U.S.C. Sec. 9601(20)(D).
(c) The exemption created by Subsection (26)(b)(i)(B) does not apply to actions taken bythe state or its officials or agencies under this part.
(d) The terms and activities "indicia of ownership," "primarily to protect a securityinterest," "participation in management," and "security interest" under this part are in accordancewith 40 CFR Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9).
(e) The terms "participate in management" and "indicia of ownership" as defined in 40CFR Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9) include and apply to thefiduciaries listed in Subsection (26)(b)(i)(B).
(27) "Soil test" means a test, established or approved by board rule, to detect the presenceof petroleum in soil.
(28) "State cleanup appropriation" means the money appropriated by the Legislature tothe department to fund the investigation, abatement, and corrective action regarding releases notcovered by the fund.
(29) "Underground storage tank" means any tank regulated under Subtitle I, Resource
Conservation and Recovery Act, 42 U.S.C. Sec. 6991c, et seq., including:
(a) a petroleum storage tank;
(b) underground pipes and lines connected to a storage tank; and
(c) any underground ancillary equipment and containment system.
(30) "Underground storage tank installation company" means any person, firm,partnership, corporation, governmental entity, association, or other organization who installsunderground storage tanks.
(31) "Underground storage tank installation company permit" means a permit issued toan underground storage tank installation company by the executive secretary.
(32) "Underground storage tank technician" means a person employed by and actingunder the direct supervision of a certified underground storage tank consultant to assist incarrying out the functions described in Subsection (6)(a).
Amended by Chapter 324, 2010 General Session