incurred by the state for a legal service or claim adjusting service provided in connection with a claim, judgment, award, or settlement for bodily injury or property damage to a third party;
(d)
incurred by the director in determining the actuarial soundness of the fund;
(e)
incurred by a third party claiming injury or damages from a release reported on or after May 11, 2010, for hiring a certified petroleum storage tank consultant:
(i)
to review an investigation or corrective action by a responsible party; and
determine a reasonable limit on costs paid based on the:
(A)
extent of the release;
(B)
impact of the release; and
(C)
services provided by the certified petroleum storage tank consultant;
(ii)
pay, per release, costs for one certified petroleum storage tank consultant agreed to by all third parties claiming damages or injury;
(iii)
include costs paid in the coverage limits allowed under Section 19-6-419; and
(iv)
not pay legal costs of third parties;
(b)
review and give careful consideration to reports and recommendations provided by a certified petroleum storage tank consultant hired by a third party; and
(c)
make reports and recommendations provided under Subsection (4)(b) available on the division's website.
(5)
The director may loan, in accordance with this section, money available in the fund to a person to be used for:
(a)
upgrading a petroleum storage tank;
(b)
replacing a petroleum storage tank; or
(c)
permanently closing a petroleum storage tank.
(6)
(a)
A person may apply to the director for a loan under Subsection (5)(c) if the tanks owned or operated by that person are in substantial compliance with state and federal requirements or will be brought into substantial compliance using money from the fund.
(b)
A person may apply to the director for a loan under Subsection (5)(a) or (b) if:
(i)
the requirements of Subsection (6)(a) are met; and
(ii)
the person participates in the program under Section 19-6-410.5.
(7)
The director shall consider loan applications under Subsection (6) to meet the following objectives:
(a)
support availability of gasoline in rural parts of the state;
(b)
support small businesses; and
(c)
reduce the threat of a petroleum release endangering the environment.
(8)
(a)
A loan made under this section may not be for more than:
(i)
$300,000 for all tanks at any one facility;
(ii)
$100,000 per tank; and
(iii)
80% of the total cost of:
(A)
upgrading a petroleum storage tank;
(B)
replacing a petroleum storage tank; or
(C)
permanently closing a petroleum storage tank.
(b)
A loan made under this section shall:
(i)
have a fixed annual interest rate of 0%;
(ii)
have a term no longer than 10 years;
(iii)
be made on the condition the loan applicant obtains adequate security for the loan as established by board rule under Subsection (9); and
(iv)
comply with rules made by the board under Subsection (9).
The Legislature shall appropriate money from the fund to the department for the administration costs associated with making loans under this section.
(12)
The director may enter into an agreement with a public entity or private organization to perform a task associated with administration of loans made under this section.
(13)
The director may request that the Legislature appropriate money in the fund that is in excess of the cash balance required for actuarial soundness to the Petroleum Storage Tank Cleanup Fund created in Section 19-6-405.7.
Section 19-6-409 ("Petroleum Storage Tank Fund -- Source of revenues.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 19-6-409?
A common citation format is "Utah Code § 19-6-409" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 19-6-409 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
