 |
Utah Administrative Code (Current through November 1, 2019) |
 |
R311. Environmental Quality, Environmental Response and Remediation |
|
|
R311-209. Petroleum Storage Tank Cleanup Fund and State Cleanup Appropriation |
| R311-209-1. Definitions |
|
Latest version.
|
|
Definitions are found in Section R311-200. |
| R311-209-2. Use of the State Cleanup Appropriation |
|
Latest version.
|
|
The Director shall authorize action or expenditure of money from the Petroleum Storage Tank Cleanup Fund and the State Cleanup Appropriation, as authorized by Sections 19-6-405.7, 19-6-409(5) and 19-6-424.5(9) respectively, when: (a) The release is from a regulated UST, (b) The owner or operator is not fully covered by the Petroleum Storage Tank Trust Fund, (c) The release is a direct or potential threat to human health or the environment, and (d) The owner or operator is unknown, unable, or unwilling to bring the site under control or remediate the site to achieve the clean-up goals as described in Section R311-211, or (e) Other relevant factors are evident as determined by the Director. |
| R311-209-3. Criteria for Allocating Petroleum Storage Tank Cleanup Funds and the State Cleanup Appropriations |
|
Latest version.
|
|
When determining priorities for authorizing action or expenditures from the Petroleum Storage Tank Cleanup Fund and the State Cleanup Appropriation, the Director shall give due emphasis to releases that present a threat to the public health or the environment on a case-by case basis using the following criteria: (a) The immediate or direct threat to public health or the environment, (b) The potential threat to public health or the environment, (c) The economic consideration and cost effectiveness of the action, and (d) The technology available, or (e) Other relevant factors as determined by the Director. |
| R311-209-4. Recovery of Management and Oversight Expenses |
|
Latest version.
|
|
(a) Beginning July 1, 2015, the Director, in determining whether to recover management and oversight expenses pursuant to Utah Code Ann. 19-6-420(10), may consider the following factors: (1) The responsible party's ability to pay; and (2) Any other relevant factors the Director determines to be appropriate. (b) At any time before or after the Director initiates collection of management and oversight expenses, the responsible party may apply to the Director for an exemption from paying these expenses. The responsible party shall furnish all documentation and information in the form and manner as prescribed by the Director in support of the application. The Director, in his sole discretion, may grant an exemption based on the responsible party's application in consideration of the factors listed in Subsection (a). |