19-6-409. Petroleum Storage Tank Fund -- Source of revenues.
(1) There is created an enterprise fund entitled the "Petroleum Storage Tank Fund." The sole sources of revenues for the fund are: petroleum storage tank fees paid under Section; 19-6-411 petroleum storage tank installation company permit fees paid under Section; 19-6-411 the environmental assurance fee and penalties paid under Section; 19-6-410.5 appropriations to the fund; principal and interest received from the repayment of loans made by the director under Subsection; and (5) interest accrued on revenues listed in this Subsection. (1)(b) Interest earned on fund money is deposited into the fund.
(2) The director may expend money from the fund to pay costs: covered by the fund under Section; 19-6-419 of administering this part; incurred by the state for a legal service or claim adjusting service provided in connection with a claim, judgment, award, or settlement for bodily injury or property damage to a third party; incurred by the director in determining the actuarial soundness of the fund; incurred by a third party claiming injury or damages from a release reported on or after May 11, 2010, for hiring a certified petroleum storage tank consultant: to review an investigation or corrective action by a responsible party; and in accordance with Subsection; and (4) allowed under this part that are not listed under this Subsection. (2)
(3) Costs for the administration of this part shall be as appropriated by the Legislature.
(4) The director shall: in paying costs under Subsection: (2)(e) determine a reasonable limit on costs paid based on the: extent of the release; impact of the release; and services provided by the certified petroleum storage tank consultant; pay, per release, costs for one certified petroleum storage tank consultant agreed to by all third parties claiming damages or injury; include costs paid in the coverage limits allowed under Section; and 19-6-419 not pay legal costs of third parties; review and give careful consideration to reports and recommendations provided by a certified petroleum storage tank consultant hired by a third party; and make reports and recommendations provided under Subsectionavailable on the division's website. (4)(b)
(5) The director may loan, in accordance with this section, money available in the fund to a person to be used for: upgrading a petroleum storage tank; replacing a petroleum storage tank; or permanently closing a petroleum storage tank.
(6) A person may apply to the director for a loan under Subsectionif the tanks owned or operated by that person are in substantial compliance with state and federal requirements or will be brought into substantial compliance using money from the fund. (5)(c) A person may apply to the director for a loan under Subsectionorif: (5)(a) (b) the requirements of Subsectionare met; and (6)(a) the person participates in the program under Section. 19-6-410.5
(7) The director shall consider loan applications under Subsectionto meet the following objectives: (6) support availability of gasoline in rural parts of the state; support small businesses; and reduce the threat of a petroleum release endangering the environment.
(8) A loan made under this section may not be for more than: $300,000 for all tanks at any one facility; $100,000 per tank; and 80% of the total cost of: upgrading a petroleum storage tank; replacing a petroleum storage tank; or permanently closing a petroleum storage tank. A loan made under this section shall: have a fixed annual interest rate of 0%; have a term no longer than 10 years; be made on the condition the loan applicant obtains adequate security for the loan as established by board rule under Subsection; and (9) comply with rules made by the board under Subsection. (9)
(9) In accordance with, the board shall make rules establishing: Title 63G, Chapter 3, Utah Administrative Rulemaking Act form, content, and procedure for a loan application; criteria and procedures for prioritizing a loan application; requirements and procedures for securing a loan; procedures for making a loan; procedures for administering and ensuring repayment of a loan, including late payment penalties; procedures for recovering on a defaulted loan; and the maximum amount of the fund that may be used for loans.
(10) A decision by the director to loan money from the fund and otherwise administer the fund is not subject to. Title 63G, Chapter 4, Administrative Procedures Act
(11) The Legislature shall appropriate money from the fund to the department for the administration costs associated with making loans under this section.
(12) The director may enter into an agreement with a public entity or private organization to perform a task associated with administration of loans made under this section.
(13) The director may request that the Legislature appropriate money in the fund that is in excess of the cash balance required for actuarial soundness to the Petroleum Storage Tank Cleanup Fund created in Section. 19-6-405.7