Section 19-6-428 - [Repealed effective 7/1/2028] Eligibility for participation in the fund(1) Subject to the requirements of Section 19-6-410.5, an owner or operator of an existing petroleum storage tank that is covered by the fund on May 5, 1997, may elect to continue to participate in the program by meeting the requirements of this part, including paying the tank fees and environmental assurance fee as provided in Sections 19-6-410.5 and 19-6-411.(2) A new petroleum storage tank that is installed after May 5, 1997, or a tank eligible under Section 19-6-415, may elect to participate in the program by complying with the requirements of this part.(3)(a) An owner or operator of a petroleum storage tank who elects to not participate in the program, including by the use of an alternative financial assurance mechanism, shall, in order to subsequently participate in the program: (i) perform a tank tightness test;(ii) except as provided in Subsection (3)(b), (c), or (d), perform a site check, including soil and, when applicable, groundwater samples, to demonstrate that no release of petroleum exists or that there has been adequate remediation of releases as required by board rules;(iii) provide the required tests and samples to the director; and(iv) comply with the requirements of this part.(b) A site check under Subsection (3)(a)(ii) is not required if the director determines, with reasonable cause, that soil and groundwater samples are unnecessary to establish that no petroleum has been released.(c) For an aboveground petroleum storage tank, a site check under Subsection (3)(a)(ii) is not required to participate in the program except that if the aboveground petroleum storage tank does not conduct a site check: (i) historic contamination, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (A) subject to the other provisions of this Subsection (3)(c), is covered only if the historic contamination is discovered more than five years after the day the owner or operator elects to participate in the program;(B) is 20% covered beginning on the five-year date; and(C) is covered at increasing amounts of 20% each year after the five-year date until at the 10-year date historic contamination is covered at 100%; and(ii) new releases, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are covered at 100% beginning on the day the aboveground petroleum storage tank participates in the program.(d) For an underground storage tank that previously elected not to participate in the program, a site check under Subsection (3)(a)(ii) is not required to begin participating in the program, except that if the underground storage tank does not conduct a site check: (i) historic contamination, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (A) subject to the other provisions of this Subsection (3)(d), is covered only if the historic contamination is discovered more than five years after the day the owner or operator elects to participate in the program;(B) is 20% covered beginning on the five-year date; and(C) is covered at increasing amounts of 20% each year after the five-year date until at the 10-year date historic contamination is covered at 100%; and(ii) new releases, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are covered at 100% beginning on the day the underground storage tank participates in the program.(4) The director shall review the tests and samples provided under Subsection (3)(a)(iii) to determine: (a) whether or not any release of the petroleum has occurred; or(b) if the remediation is adequate.Amended by Chapter 202, 2021 General Session ,§ 12, eff. 5/5/2021.Amended by Chapter 360, 2012 General Session ,§ 82, eff. 5/8/2012.Amended by Chapter 107, 2006 General Session Affected by 63I-1-219 on 7/1/2028