19-6-420 - Releases -- Abatement actions -- Corrective actions.
19-6-420. Releases -- Abatement actions -- Corrective actions.
(1) If the executive secretary determines that a release from a petroleum storage tank hasoccurred, he shall:
(a) identify and name as many of the responsible parties as reasonably possible; and
(b) determine which responsible parties, if any, are covered by the fund regarding therelease in question.
(2) Regardless of whether the tank generating the release is covered by the fund, theexecutive secretary may:
(a) order the owner or operator to take abatement, investigative, or corrective action,including the submission of a corrective action plan; and
(b) if the owner or operator fails to take any of the abatement, investigative, or correctiveaction ordered by the executive secretary, the executive secretary may take any one or more ofthe following actions:
(i) subject to the conditions in this part, use money from the fund, if the tank involved iscovered by the fund, state cleanup appropriation, or the Petroleum Storage Tank Cleanup Fundcreated under Section 19-6-405.7 to perform investigative, abatement, or corrective action;
(ii) commence an enforcement proceeding;
(iii) enter into agreements or issue orders as allowed by Section 19-6-424.5; or
(iv) recover costs from responsible parties equal to their proportionate share of liabilityas determined by Section 19-6-424.5.
(3) (a) Subject to the limitations established in Section 19-6-419, the executive secretaryshall provide money from the fund for abatement action for a release generated by a tank coveredby the fund if:
(i) the owner or operator takes the abatement action ordered by the executive secretary;and
(ii) the executive secretary approves the abatement action.
(b) If a release presents the possibility of imminent and substantial danger to the publichealth or the environment, the owner or operator may take immediate abatement action andpetition the executive secretary for reimbursement from the fund for the costs of the abatementaction. If the owner or operator can demonstrate to the satisfaction of the executive secretary thatthe abatement action was reasonable and timely in light of circumstances, the executive secretaryshall reimburse the petitioner for costs associated with immediate abatement action, subject tothe limitations established in Section 19-6-419.
(c) The owner or operator shall notify the executive secretary within 24 hours of theabatement action taken.
(4) (a) If the executive secretary determines corrective action is necessary, the executivesecretary shall order the owner or operator to submit a corrective action plan to address therelease.
(b) If the owner or operator submits a corrective action plan, the executive secretary shallreview the corrective action plan and approve or disapprove the plan.
(c) In reviewing the corrective action plan, the executive secretary shall consider thefollowing:
(i) the threat to public health;
(ii) the threat to the environment; and
(iii) the cost-effectiveness of alternative corrective actions.
(5) If the executive secretary approves the corrective action plan or develops his owncorrective action plan, he shall:
(a) approve the estimated cost of implementing the corrective action plan;
(b) order the owner or operator to implement the corrective action plan;
(c) (i) if the release is covered by the fund, determine the amount of fund money to beallocated to an owner or operator to implement a corrective action plan; and
(ii) subject to the limitations established in Section 19-6-419, provide money from thefund to the owner or operator to implement the corrective action plan.
(6) (a) The executive secretary may not distribute any money from the fund for correctiveaction until the owner or operator obtains the executive secretary's approval of the correctiveaction plan.
(b) An owner or operator who begins corrective action without first obtaining approvalfrom the executive secretary and who is covered by the fund may be reimbursed for the costs ofthe corrective action, subject to the limitations established in Section 19-6-419, if:
(i) the owner or operator submits the corrective action plan to the executive secretarywithin seven days after beginning corrective action; and
(ii) the executive secretary approves the corrective action plan.
(7) If the executive secretary disapproves the plan, he shall solicit a new corrective actionplan from the owner or operator.
(8) If the executive secretary disapproves the second corrective action plan, or if theowner or operator fails to submit a second plan within a reasonable time, the executive secretarymay:
(a) develop his own corrective action plan; and
(b) act as authorized under Subsections (2) and (5).
(9) (a) When notified that the corrective action plan has been implemented, the executivesecretary shall inspect the location of the release to determine whether or not the correctiveaction has been properly performed and completed.
(b) If the executive secretary determines the corrective action has not been properlyperformed or completed, he may issue an order requiring the owner or operator to complete thecorrective action within the time specified in the order.
Amended by Chapter 255, 1998 General Session