Section R311-212-3 - Eligibility Review(1) The director shall determine if the applicant meets the eligibility criteria stated in Subsections 19-6-409(5) through 19-6-409(8).(2) To meet the eligibility requirements of Subsection 19-6-409(6) the applicant must, for facilities for which the applicant requests a loan: (a) demonstrate current compliance with all state and federal UST laws, rules and regulations, including compliance with requirements for remediation of facilities with leaking USTs; or(b) must be able to achieve compliance with the loan proceeds.(3) To meet the eligibility requirements of Subsection 19-6-409(6) the applicant must meet the following for facilities owned or operated by the applicant for which the applicant does not request a loan: (a) the applicant has demonstrated current compliance with all state and federal UST laws, rules and regulations, including compliance with requirements for remediation of facilities with leaking USTs;(b) regulated USTs owned by the applicant have met the requirements of Subsection 19-6-412(2) and have a current certificate of compliance;(c) the applicant has paid PST registration fees, interest, and penalties which have been assessed; and(d) the applicant has paid applicable petroleum storage tank fees, interest, and penalties which have been assessed.(4) To meet the requirements of Subsection 19-6-409(5), the loan request must be for: (c) permanently closing petroleum USTs.(5) if an applicant requests a loan for closing USTs which will be replaced by aboveground storage tanks, the loan, if approved, will be only for closing the USTs.(a) the security pledged by the applicant for a loan to replace USTs with aboveground storage tanks will be subject to the limitations in Section R311-212-6.Utah Admin. Code R311-212-3
Amended by Utah State Bulletin Number 2016-24, effective 1/1/2017Amended by Utah State Bulletin Number 2021-18, effective 9/13/2021Amended by Utah State Bulletin Number 2022-15, effective 7/15/2022