(1) (a) An owner or operator of an underground storage tank shall register the tank with the director if the tank: (i) is in use; or (ii) was closed after January 1, 1974. (b) If a new person assumes ownership or operational responsibilities for an underground storage tank, that person shall inform the director of the change by no later than 30 days after the change occurs. (c) An installer of an underground storage tank shall notify the director by no later than 30 days before the installation of an underground storage tank. (2) (a) An owner or operator of an aboveground petroleum storage tank shall register the aboveground petroleum storage tank with the director if the aboveground petroleum storage tank is in use after May 5, 2021. (b) If a new person assumes ownership or operational responsibilities for an aboveground petroleum storage tank, the new person shall inform the director of the change by no later than 30 days after the change occurs. (c) An installer of an aboveground petroleum storage tank shall notify the director at least 30 days before the installation of an aboveground petroleum storage tank. (d) An owner or operator of an aboveground petroleum storage tank shall register the aboveground petroleum storage tank by no later than: (i) June 30, 2022, if the aboveground petroleum storage tank is installed on or before June 30, 2022; or (ii) if the aboveground petroleum storage tank is installed on or after July 1, 2022, at least 30 days before the day on which installation of the aboveground petroleum storage tank begins. (e) When notifying the director under this Subsection (2), an owner of an aboveground petroleum storage tank described in this Subsection (2) shall pay a processing fee established under Section 63J-1-504. (f) Before operating an aboveground petroleum storage tank on or after June 30, 2023, the owner or operator of the aboveground petroleum storage tank shall provide financial responsibility by participating in the program under Section 19-6-410.5 or demonstrating coverage through another method approved by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (g) (i) The director shall certify when an owner or operator of an aboveground petroleum storage tank is in compliance with this Subsection (2). (ii) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the identification, through a tag or other readily identifiable method, of an aboveground petroleum storage tank under Subsection (2)(a) that is not certified by the director as in compliance with this Subsection (2). (3) The director may issue a notice of agency action assessing a civil penalty in the amount of $1,000 if an owner, operator, or installer of an underground storage tank or aboveground petroleum storage tank fails to register the tank or provide notice as required in Subsection (1) or (2). (4) The penalties collected under authority of this section shall be deposited in the Petroleum Storage Tank Restricted Account created in Section 19-6-405.5.
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