Utah Admin. Code R311-206-4 - Requirements for Environmental Assurance Program Participants
(1) In accordance with Subsection
19-6-411(1)(a),
the annual facility throughput rate, if reported, shall be reported to the
director as a specific number of gallons, based on the throughput for the
previous calendar year.
(2) In
accordance with Subsection
19-6-411(1)(b),
when a petroleum storage tank is initially registered with the director, any
petroleum storage tank fee for that tank for the current fiscal year is due
when the tank is brought into use, as a requirement for receiving a certificate
of compliance.
(3) In accordance
with Subsection
19-6-411(2)(a)(i),
if an installation company receives its annual permit after the beginning of
the fiscal year, the annual fee must be paid for the entire year.
(4) Auditing of PST facility throughput
records.
(a) owners and operators must retain
for seven years the monthly tank throughput records of the facility.
(b) tank throughput records shall include
financial and product documentation for receipts, deliveries, transfers, and
inventories.
(c) the director may
audit or commission an audit, by an independent auditor, of records which
support the amount of throughput, for each tank at a participant's facility.
(i) records must be made available at the
department for inspection within 30 calendar days after receiving notice from
the director.
(ii) audits may be
determined by random selection or for particular reasons, including suspicion
or discovery of inaccuracies in throughput reports, aggregating throughput
reports, having a release, or filing a claim.
(iii) auditing tank throughput may be
accomplished by any method approved by the director.
(iv) costs of an independent audit shall be
paid by the owner or operator.
(5) Owners or operators eligible for
participation in the EAP must demonstrate financial assurance for the
difference between coverage provided by the EAP and coverage amounts required
by 40 CFR 280 Subpart H.
(a) if the owner or
operator chooses self-insurance as the mechanism for demonstrating financial
assurance for the difference, they must document a tangible net worth of
$10,000 upon request and to the satisfaction of the director.
(i) the director may require the owner or
operator to submit an independent audit to demonstrate new worth for
self-insurance.
(A) the owner or operator will
bear the expense for the audit.
(B)
the criteria for an audit are the same as set forth in Subsection
R311-206-4(4)(b).
(b) an owner or operator may also select and
document another mechanism specified in
40 CFR
280.94 to demonstrate financial assurance for
the difference.
(c) the processing
fee requirement referenced in Subsection R311-206-5(2) is not applicable
because the administrative cost is covered by the EAP fee.
Notes
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