Costs covered by the fund -- Costs paid by owner or operator -- Payments to third parties -- Apportionment of costs.
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Law
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Utah Code
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Environmental Quality Code
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Hazardous Substances
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Underground Storage Tank Act
- Costs covered by the fund -- Costs paid by owner or operator -- Payments to third parties -- Apportionment of costs.
Affected by 63I-1-219 on 7/1/2028
19-6-419. Costs covered by the fund -- Costs paid by owner or operator -- Payments to third parties -- Apportionment of costs. - (1) If all requirements of this part have been met and a release occurs from a tank that is covered by the fund, the costs per release are covered as provided under this section.
- (2) For releases reported before May 11, 2010, the responsible party shall pay:
- (a) the first $10,000 of costs; and
- (b)
- (i) all costs over $1,000,000, if the release was from a tank:
- (A) located at a facility engaged in petroleum production, refining, or marketing; or
- (B) with an average monthly facility throughput of more than 10,000 gallons; and
- (ii) all costs over $500,000, if the release was from a tank:
- (A) not located at a facility engaged in petroleum production, refining, or marketing; and
- (B) with an average monthly facility throughput of 10,000 gallons or less.
- (3) For releases reported before May 11, 2010, if money is available in the fund and the responsible party has paid costs of $10,000, the director shall pay costs from the fund in an amount not to exceed:
- (a) $990,000 if the release was from a tank:
- (i) located at a facility engaged in petroleum production, refining, or marketing; or
- (ii) with an average monthly facility throughput of more than 10,000 gallons; and
- (b) $490,000 if the release was from a tank:
- (i) not located at a facility engaged in petroleum production, refining, or marketing; and
- (ii) with an average monthly facility throughput of 10,000 gallons or less.
- (4) For a release reported on or after May 11, 2010, the responsible party shall pay:
- (a) the first $10,000 of costs; and
- (b)
- (i) all costs over $2,000,000, if the release was from a tank:
- (A) located at a facility engaged in petroleum production, refining, or marketing; or
- (B) with an average monthly facility throughput of more than 10,000 gallons; and
- (ii) all costs over $1,000,000, if the release was from a tank:
- (A) not located at a facility engaged in petroleum production, refining, or marketing; and
- (B) with an average monthly facility throughput of 10,000 gallons or less.
- (5) For a release reported on or after May 11, 2010, if money is available in the fund and the responsible party has paid costs of $10,000, the director shall pay costs from the fund in an amount not to exceed:
- (a) $1,990,000 if the release was from a tank:
- (i) located at a facility engaged in petroleum production, refining, or marketing; or
- (ii) with an average monthly facility throughput of more than 10,000 gallons; and
- (b) $990,000 if the release was from a tank:
- (i) not located at a facility engaged in petroleum production, refining, or marketing; and
- (ii) with an average monthly facility throughput of 10,000 gallons or less.
- (6) The director may pay fund money to a responsible party up to the following amounts in a fiscal year:
- (a) $1,990,000 to a responsible party owning or operating less than 100 petroleum storage tanks; or
- (b) $3,990,000 to a responsible party owning or operating 100 or more petroleum storage tanks.
- (7)
- (a) In authorizing payments for costs from the fund, the director shall apportion money:
- (i) first, to the following type of expenses incurred by the state:
- (ii) second, to costs incurred for:
- (B) abatement action; and
- (C) corrective action; and
- (iii) third, to payment of:
- (C) settlements to third parties for bodily injury or property damage.
- (b) The board shall make rules governing the apportionment of costs among third party claimants.
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