Utah Admin. Code R311-207-2 - Notification of Intent and Eligibility to Claim Against the Petroleum Storage Tank Fund

(1) Any responsible party who is making any claim against the Petroleum Storage Tank Fund must:

(a) have previously satisfied the requirements of Subsection R311-206-3(1);

(b) have a valid certificate of compliance at the time of product release by the covered PST; and

(c) meet the requirements of Section 19-6-424.

(2) Except as provided in Subsection R311-207-2(3), a responsible party eligible to receive payments in accordance with Section 19-6-419 must submit to the director a written eligibility application to make a claim against the Fund:

(a) during a period for which that tank was covered by the Fund;

(b) within one year after that Fund-covered tank is closed;

(c) within six months after the end of the period during which the tank was covered by the Fund; or

(d) before the responsible party expends any amount over their share in eligible costs, whichever is sooner.

(3) For eligible releases that are discovered and reported to the director after July 1, 1994, the responsible party shall spend the first $10,000 in eligible costs as determined by the director.

(4) For eligible releases that are discovered before July 1, 1994, the responsible party shall spend the first $25,000 in eligible costs as determined by the director.

(5) Owners and operators of facilities who participate in the EAP after July 1, 2021 without performing a site check:

(a) for new releases, the responsible party shall spend the first $10,000 in eligible costs as determined by the director and will be covered at 100%.

(b) for historic contamination, the responsible party shall spend the first $10,000 in eligible costs as determined by the director and will have release coverage percentages as set forth in Subsection 19-6-428(3).

(6) A completed eligibility application form submitted by the responsible party requesting coverage, within the time frames specified in Subsection R311-207-2(2), shall constitute a claim against the Fund in accordance with Section 19-6-424.

(7) The responsible party's share of eligible costs remains the same, regardless of the number of responsible parties who are associated with a release and covered by the Fund.

(a) only one responsible party can claim against the Fund per release in accordance with Section 19-6-419.

(8) When a facility has an open release and a subsequent Fund eligible release occurs at that facility, the Fund allowable coverage for the subsequent release will be limited to the amount required to investigate and remediate the subsequent release up to the maximum allowable under Section 19-6-419.

(a) additional Fund monies cannot be obtained for the investigation and remediation of the original release through the coverage of a subsequent release.

(b) the director shall determine the allowable coverage for a subsequent release.

(9) The maximum coverage allowed in Section 19-6-419 for a series of releases cannot be aggregated to provide additional reimbursement over the maximum for any release included in the series.

(10) When the director has made a determination that the clean up standards established for the site pursuant to Section R311-211-5 have been achieved for a release, the release shall receive a "No Further Action" status.

Notes

Utah Admin. Code R311-207-2

Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021 Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022