19-6-403 - Powers and duties of board.
19-6-403. Powers and duties of board.
The board shall regulate an underground storage tank or petroleum storage tank by:
(1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,making rules that:
(a) provide for the:
(i) certification of an installer, inspector, tester, or remover;
(ii) registration of a tank;
(iii) administration of the petroleum storage tank program;
(iv) format of and required information in a record kept by a tank owner or operator whois participating in the fund;
(v) voluntary participation in the fund for:
(A) an above ground petroleum storage tank; and
(B) a tank:
(I) exempt from regulation under 40 C.F.R., Part 280, Subpart (B); and
(II) specified in Section 19-6-415; and
(vi) certification of an underground storage tank consultant including:
(A) a minimum education or experience requirement; and
(B) a recognition of the educational requirement of a professional engineer licensedunder Title 58, Chapter 22, Professional Engineers and Land Surveyors Licensing Act, asmeeting the education requirement for certification;
(b) adopt the requirements for an underground storage tank contained in:
(i) the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 6991, et seq., as may beamended in the future; and
(ii) an applicable federal requirement authorized by the federal law referenced inSubsection (1)(b)(i); and
(c) comply with the requirements of the Solid Waste Disposal Act, Subchapter IX, 42U.S.C. Sec. 6991c, et seq., as may be amended in the future, for the state's assumption of primacyin the regulation of an underground storage tank; and
(2) applying the provisions of this part.
Amended by Chapter 56, 2008 General Session
Amended by Chapter 382, 2008 General Session