Utah Admin. Code R311-206-9 - Removing Participating Tanks from the Environmental Assurance Program
(1) Owners and operators of PSTs who have
voluntarily elected to participate in the EAP may cease participation in the
EAP and be exempted from the requirements described in Section R311-206-4 by:
(a) permanently closing tanks as outlined in
40 CFR 280, subpart G and Rules R311-204 and R311-205; or
(b) meeting the following requirements:
(i) demonstrating compliance with Section
R311-206-5; and
(ii) notifying the
director in writing at least 30 days before the date of cessation of
participation in the EAP, and specifying the date of cessation.
(A) the director may waive the 30-day
requirement if the owner or operator has already documented current financial
assurance under Section R311-206-5 for other petroleum storage tanks owned or
operated by the owner or operator.
(B) the date of cessation of participation in
the EAP may occur after the date designated in Subsection R311-206-9(1)(b)(ii)
if the owner or operator does not document compliance with Section R311-206-5
by the date originally designated.
(2) prorata refunds will not be
given.
(3) For tanks being removed
voluntarily from the EAP, the date of cessation of participation in the EAP
shall be the date on which coverage under the EAP ends.
(a) subsequent claims for payments from the
Petroleum Storage Tank Fund must be made in accordance with Sections
19-6-424 and R311-207-2.
(4) For any facility that
participates in the EAP and is sold to a company with facilities that do not
participate in the EAP, the date of termination of coverage is the closing date
for the real estate transaction.
(a) the
purchaser shall provide documentation of the closing date to the director
within 30 days of closing.
Notes
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