19-6-428 - Eligibility for participation in the fund.
19-6-428. Eligibility for participation in the fund.
(1) Subject to the requirements of Section 19-6-410.5, all owners and operators ofexisting petroleum storage tanks that were covered by the fund on May 5, 1997, may elect tocontinue to participate in the program by meeting the requirements of this part, including payingthe tank fees and environmental assurance fee as provided in Sections 19-6-410.5 and 19-6-411.
(2) Any new petroleum storage tanks that were installed after May 5, 1997, or tankseligible under Section 19-6-415, may elect to participate in the program by complying with therequirements of this part.
(3) (a) All owners and operators of petroleum storage tanks who elect to not participatein the program, including by the use of an alternative financial assurance mechanism, shall, inorder to subsequently participate in the program:
(i) perform a tank tightness test;
(ii) except as provided in Subsection (3)(b), perform a site check, including soil and,when applicable, groundwater samples, to demonstrate that no release of petroleum exists or thatthere has been adequate remediation of releases as required by board rules;
(iii) provide the required tests and samples to the executive secretary; and
(iv) comply with the requirements of this part.
(b) A site check under Subsection (3)(a)(ii) is not required if the executive secretarydetermines, with reasonable cause, that soil and groundwater samples are unnecessary toestablish that no petroleum has been released.
(4) The executive secretary shall review the tests and samples provided under Subsection(3)(a)(iii) to determine:
(a) whether or not any release of the petroleum has occurred; or
(b) if the remediation is adequate.
Amended by Chapter 107, 2006 General Session