Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-212 - Administration of the Petroleum Storage Tank Fund Loan Program
Section R311-212-3 - Eligibility Review

Universal Citation: UT Admin Code R 311-212-3

Current through Bulletin 2024-06, March 15, 2024

(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:

(a) upgrading USTs;

(b) replacing USTs; or

(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.

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