Title 19, Title 19: Environmental Quality Code

19-6-304. Inspections. (1) Upon presentation of appropriate credentials and at any reasonable time, any authorized officer, employee, or representative of the department may: enter and inspect any property, premises, or place where the officer, employee, or representative has rea…

19-6-306. Civil penalty -- Lawsuits. (1) Any person who violates any final order or rule issued or made under this part is subject in a civil proceeding to a penalty of not more than $10,000 per day for each day of violation. (2) Any person who violates the terms of any agreement…

19-6-307. Hazardous Substances Mitigation Fund. (1) There is created an expendable special revenue fund entitled the "Hazardous Substances Mitigation Fund." (2) The fund consists of money generated from the following revenue sources: any voluntary contributions received for the c…

19-6-308. Hazardous Substances Mitigation Fund -- Prohibited uses. The executive director may not use fund money to pay for: (1) property damage or bodily injury resulting from a hazardous material or substance release; or (2) property damage or bodily injury resulting from remed…

19-6-309. Emergency provisions. (1) If the executive director has reason to believe any hazardous materials release that occurred after March 18, 1985, is presenting a direct and immediate threat to public health or the environment, the executive director may: issue an order requ…

19-6-310. Apportionment of liability -- Liability agreements -- Legal remedies. (1) The executive director may recover only the proportionate share of costs of any investigation and abatement performed under Sectionand this section from each responsible party, as provided in this…

19-6-311. Hazardous substances priority list. (1) The executive director shall develop and, as frequently as is necessary, revise a hazardous substances priority list by making a rule that: identifies separately national priority list sites, proposed national priority list sites,…

19-6-312. Preinvestigation requirements. Before undertaking any remedial investigations on a facility on the hazardous substances priority list, the executive director shall make reasonable attempts to: (1) identify potentially responsible parties for each facility; and (2) send …

19-6-313. Priority of other statutes. The executive director may not spend fund money or take action under authority of Sectionsthroughto address hazardous substances on any facility listed on the hazardous substances priority list if the facility can be cleaned up under any othe…

19-6-314. Remedial investigations of priority list sites -- Parties involved -- Powers of the executive director. (1) All remedial investigations conducted under the authority of this section shall: meet the substantive requirements of CERCLA; follow procedures established by the…

19-6-315. Remedial investigations of scored sites -- Parties involved -- Powers of the executive director. (1) All remedial investigations conducted under the authority of this section shall: meet the substantive requirements of CERCLA; and include recommendations for remedial ac…

19-6-316. Liability for costs of remedial investigations -- Liability agreements. (1) The executive director may recover only a proportionate share of costs of any remedial investigation performed under Sectionsandfrom each responsible party, as provided in this section. 19-6-314…

19-6-317. Remedial investigation report -- Remedial action plan implementation -- Legal remedies. (1) Upon receipt of a remedial investigation report for a national priority list site, the executive director shall: review the report; provide a period for public comment; issue an …

19-6-318. Remedial action liability -- Liability agreements. (1) In apportioning responsibility for the remedial action in any administrative proceeding or judicial action under Sectionsand, the following standards apply: 19-6-317 19-6-319 liability shall be apportioned in propor…

19-6-319. Remedial action investigation report -- Remedial action plan implementation -- Enforcement provisions. (1) Upon receipt of a remedial action investigation report for a proposed national priority list site or a scored site, the executive director shall: review the report…

19-6-320. Remedial action completion procedures -- Legal remedies. (1) A party who has entered an agreement or who has been issued a final order under the authority of Sectionsthrough this section shall send notice to the executive director when the remedial action for the facili…

19-6-321. Construction with other state and federal laws -- Governmental immunity. (1) Except as provided in Subsection, nothing in this part affects or modifies in any way the obligations or liability of any person under a contract or any other provision of this part or state or…

19-6-322. Cooperative agreements with federal government -- Legislative findings. Due to the enactment of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, PL 96-510, and recognizing the applicability of that act to the unauthorized or acci…

19-6-323. Department authority to enter cooperative agreements. The department, on behalf of the state, is authorized to undertake activities and enter into contracts and cooperative agreements with the federal Environmental Protection Agency as provided by the federal Comprehens…

19-6-325. Voluntary agreements -- Parties -- Funds -- Enforcement. (1) Under this part, and subject to Subsection (1)(b), the executive director may enter into a voluntary agreement with a responsible party providing for the responsible party to conduct an investigation or a clea…

19-6-326. Written assurances. (1) Based upon risk to human health or the environment from potential exposure to hazardous substances or materials, the executive director, or the executive director's designee, may issue enforceable written assurances to a bona fide prospective pur…

19-6-402. Definitions. As used in this part: (1) "Abatement action" means action taken to limit, reduce, mitigate, or eliminate: a release from a petroleum storage tank; or the damage caused by that release. (2) "Aboveground petroleum storage tank" means a storage tank that is, b…

19-6-402.5. Retroactive effect. (1) The Legislature finds the definitions in this part prior to the passage of this act did not clearly set forth procedures for identifying responsible parties and interfered with effective allocation of costs of cleanup as required by this part. …

19-6-403. Powers and duties of board. The board shall regulate a petroleum storage tank by: (1) in accordance with, making rules that: Title 63G, Chapter 3, Utah Administrative Rulemaking Act provide for the: certification of a petroleum storage tank installer, inspector, tester,…

19-6-404. Powers and duties of director. (1) The director shall: administer the petroleum storage tank program established in this part; and as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the c…

19-6-405.5. Creation of restricted account. (1) There is created in the General Fund a restricted account known as the "Petroleum Storage Tank Restricted Account," which for purposes of this section is referred to as the "account." (2) The penalties and interest imposed under thi…

19-6-405.7. Petroleum Storage Tank Cleanup Fund -- Revenue and purposes -- Relation to Petroleum Storage Tank Fund. (1) There is created an enterprise fund entitled the "Petroleum Storage Tank Cleanup Fund," which is referred to in this section as the cleanup fund. (2) The cleanu…

19-6-407. Registration -- Change of ownership or operation -- Civil penalty. (1) An owner or operator of an underground storage tank shall register the tank with the director if the tank: is in use; or was closed after January 1, 1974. If a new person assumes ownership or operati…

19-6-408. Petroleum storage tank registration fee -- Processing fee. (1) The department may assess an annual petroleum storage tank registration fee against an owner or operator of a petroleum storage tank that has not been closed. These fees shall be: billed per facility; due on…

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 installa…

19-6-410.5. Environmental assurance program -- Participant fee. (1) As used in this section: "Cash balance" means cash plus investments and current accounts receivable minus current accounts payable, excluding the liabilities estimated by the executive director. "Commission" mean…

19-6-411. Petroleum storage tank fee for program participants. (1) In addition to the petroleum storage tank registration fee paid in Section, the owner or operator of a petroleum storage tank who elects to participate in the program under Sectionshall also pay the following petr…

19-6-412. Petroleum storage tank -- Certificate of compliance. (1) An owner or operator of a petroleum storage tank shall have a certificate of compliance for the facility. (2) The director shall issue a certificate of compliance if: the owner or operator has a certificate of reg…

19-6-413. Tank tightness test -- Actions required after testing. (1) The owner or operator of any petroleum storage tank registered before July 1, 1991, shall submit to the director the results of a tank tightness test conducted: on or after September 1, 1989, and before January …

19-6-414. Grounds for revocation of certificate of compliance and ineligibility for payment of costs from fund. (1) If the director determines that any of the requirements of Subsection, Section, or Subsectionhave not been met, the director shall notify the owner or operator by c…

19-6-415. Participation of excluded or exempt tanks. (1) An underground storage tank exempt from regulation under 40 C.F.R., Part 280, Subpart A, may become eligible for payments from the Petroleum Storage Tank Fund if the underground storage tank: is a farm or residential tank w…

19-6-415.5. State owned or leased tanks to participate in program. Any underground storage tank or aboveground petroleum storage tank owned or leased by the state and subject to the financial assurance requirements established by division rule shall participate in the program.

19-6-416. Restrictions on delivery of petroleum -- Civil penalty. (1) A person may not deliver petroleum to, place petroleum in, or accept petroleum for placement in a petroleum storage tank that is not identified in compliance with Subsection. 19-6-411(7) Beginning July 1, 2023,…

19-6-416.5. Restrictions on petroleum storage tank installation companies -- Civil penalty. (1) An individual or petroleum storage tank installation company may not install a petroleum storage tank without having a valid petroleum storage tank installation company permit. (2) An …

19-6-417. Use of fund revenues to investigate certain releases from petroleum storage tank. If the director is notified of or otherwise becomes aware of a release or suspected release of petroleum, he may expend revenues from the fund to investigate the release or suspected relea…

19-6-418. Recovery of costs by director. (1) The director may recover: from a responsible party the proportionate share of costs the party is responsible for as determined under Section; 19-6-424.5 any amount required to be paid by the owner under this part which the owner has no…

19-6-419. Costs covered by the fund -- Costs paid by owner or operator -- Payments to third parties -- Apportionment of costs. (1) If all requirements of this part have been met and a release occurs from a tank that is covered by the fund, the costs per release are covered as pro…

19-6-420. Releases -- Abatement actions -- Corrective actions. (1) If the director determines that a release from a petroleum storage tank has occurred, the director shall: identify and name as many of the responsible parties as reasonably possible; and determine which responsibl…

19-6-421. Third party payment restrictions and requirements. (1) If there are sufficient revenues in the fund, and subject to the provisions of Sections,, and, the director shall authorize payment from the fund to third parties regarding a release covered by the fund as provided …

19-6-422. Participation by state risk manager in suit, claim, or settlement. (1) If a suit is filed or a claim is made against a responsible party who is eligible for payments from the fund for bodily injury or property damage connected with a release of petroleum from a petroleu…

19-6-423. Claim or suit against responsible parties -- Prerequisites for payment from fund to responsible parties or third parties -- Limitations of liability for third party claims. (1) The director may authorize payments from the fund to a responsible party if the responsible p…