R311-206-10. Participation in the Environmental Assurance Program After a Period of Voluntary Non-participation

  (a) Owners and operators who choose not to participate in the Environmental Assurance Program shall, before any subsequent participation in the program, meet the following requirements:

  (1) notify the Director of the intent to participate in the program;

  (2) comply with the requirements of Subsection 19-6-428(3), and

  (3) meet the requirements of Subsection R311-206-3(a) to qualify for a new certificate of compliance.

  (b) In accordance with Subsection 19-6-428(3)(b), the Director may determine that there is reasonable cause to believe that no petroleum has been released if the owner or operator, for each UST to participate in the program, meets the following requirements at the time the owner or operator applies for participation:

  (1) The last two compliance inspections verify significant operational compliance, and verify that no release has occurred. Significant operational compliance status shall be determined using the EPA Release Prevention Compliance Measures Matrix and Release Detection Compliance Measures Matrix, both dated March 3, 2005 and incorporated herein by reference. The matrices contain leak prevention and leak detection criteria to be used by inspectors in determining compliance status of underground storage tanks.

  (2) The owner or operator documents compliance with all release prevention and release detection requirements that are required for the time period since the last compliance inspection, and the records submitted do not give reason to suspect a release has occurred. The owner or operator shall submit:

  (i) tank and piping leak detection records, or a tank and line tightness test performed within the last six months;

  (ii) the most recent simulated leak test for all automatic line leak detectors;

  (iii) cathodic protection tests, if applicable, and

  (iv) internal lining inspections, if applicable.

  (3) The period of non-participation in the Program is less than six months, or the UST is less than ten years old.