19-6-420. Releases -- Abatement actions -- Corrective actions.
(1) If the executive secretary determines that a release from a petroleum storage tank has
occurred, he shall:
(a) identify and name as many of the responsible parties as reasonably possible; and
(b) determine which responsible parties, if any, are covered by the fund regarding the
release in question.
(2) Regardless of whether the tank generating the release is covered by the fund, the
executive secretary may:
(a) order the owner or operator to take abatement, investigative, or corrective action,
including the submission of a corrective action plan; and
(b) if the owner or operator fails to take any of the abatement, investigative, or corrective
action ordered by the executive secretary, the executive secretary may take any one or more of
the following actions:
(i) subject to the conditions in this part, use monies from the fund, if the tank involved is
covered by the fund, state cleanup appropriation, or the Petroleum Storage Tank Cleanup Fund
created under Section 19-6-405.7 to perform investigative, abatement, or corrective action;
(ii) commence an enforcement proceeding;
(iii) enter into agreements or issue orders as allowed by Section 19-6-424.5; or
(iv) recover costs from responsible parties equal to their proportionate share of liability as
determined by Section 19-6-424.5.
(3) (a) Subject to the limitations established in Section 19-6-419, the executive secretary
shall provide monies from the fund for abatement action for a release generated by a tank covered
by the fund if:
(i) the owner or operator takes the abatement action ordered by the executive secretary;
and
(ii) the executive secretary approves the abatement action.
(b) If a release presents the possibility of imminent and substantial danger to the public
health or the environment, the owner or operator may take immediate abatement action and
petition the executive secretary for reimbursement from the fund for the costs of the abatement
action. If the owner or operator can demonstrate to the satisfaction of the executive secretary that
the abatement action was reasonable and timely in light of circumstances, the executive secretary
shall reimburse the petitioner for costs associated with immediate abatement action, subject to the
limitations established in Section 19-6-419.
(c) The owner or operator shall notify the executive secretary within 24 hours of the
abatement action taken.
(4) (a) If the executive secretary determines corrective action is necessary, the executive
secretary shall order the owner or operator to submit a corrective action plan to address the
release.
(b) If the owner or operator submits a corrective action plan, the executive secretary shall
review the corrective action plan and approve or disapprove the plan.
(c) In reviewing the corrective action plan, the executive secretary shall consider the
following:
(i) the threat to public health;
(ii) the threat to the environment; and
(iii) the cost-effectiveness of alternative corrective actions.
(5) If the executive secretary approves the corrective action plan or develops his own
corrective action plan, he shall:
(a) approve the estimated cost of implementing the corrective action plan;
(b) order the owner or operator to implement the corrective action plan;
(c) (i) if the release is covered by the fund, determine the amount of fund monies to be
allocated to an owner or operator to implement a corrective action plan; and
(ii) subject to the limitations established in Section 19-6-419, provide monies from the
fund to the owner or operator to implement the corrective action plan.
(6) (a) The executive secretary may not distribute any monies from the fund for
corrective action until the owner or operator obtains the executive secretary's approval of the
corrective action plan.
(b) An owner or operator who begins corrective action without first obtaining approval
from the executive secretary and who is covered by the fund may be reimbursed for the costs of
the corrective action, subject to the limitations established in Section 19-6-419, if:
(i) the owner or operator submits the corrective action plan to the executive secretary
within seven days after beginning corrective action; and
(ii) the executive secretary approves the corrective action plan.
(7) If the executive secretary disapproves the plan, he shall solicit a new corrective action
plan from the owner or operator.
(8) If the executive secretary disapproves the second corrective action plan, or if the
owner or operator fails to submit a second plan within a reasonable time, the executive secretary
may:
(a) develop his own corrective action plan; and
(b) act as authorized under Subsections (2) and (5).
(9) (a) When notified that the corrective action plan has been implemented, the executive
secretary shall inspect the location of the release to determine whether or not the corrective action
has been properly performed and completed.
(b) If the executive secretary determines the corrective action has not been properly
performed or completed, he may issue an order requiring the owner or operator to complete the
corrective action within the time specified in the order.
Amended by Chapter 255, 1998 General Session
Download Code Section Zipped WordPerfect 19_06_042000.ZIP 3,767 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009