19-6-424 - Claims not covered by fund.
19-6-424. Claims not covered by fund.
(1) The executive secretary may not authorize payments from the fund unless:
(a) the claim was based on a release occurring during a period for which that tank wascovered by the fund;
(b) the claim was made:
(i) during a period for which that tank was covered by the fund; or
(ii) (A) within one year after that fund-covered tank is closed; or
(B) within six months after the end of the period during which the tank was covered bythe fund; and
(c) there are sufficient revenues in the fund.
(2) The executive secretary may not authorize payments from the fund for anunderground storage tank installation company unless:
(a) the claim was based on a release occurring during the period prior to the issuance of acertificate of compliance;
(b) the claim was made within 12 months after the date the tank is issued a certificate ofcompliance for that tank; and
(c) there are sufficient revenues in the fund.
(3) The executive secretary may require the claimant to provide additional information asnecessary to demonstrate coverage by the fund at the time of submittal of the claim.
(4) If the Legislature repeals or refuses to reauthorize the program for petroleum storagetanks established in this part, the executive secretary may authorize payments from the fund asprovided in this part for claims made until the end of the time period established in Subsection (1)or (2) provided there are sufficient revenues in the fund.
Amended by Chapter 172, 1997 General Session