19-6-424. Claims not covered by fund.

317 words·~1 min read·/ut/title-19/chapter-6/19-6-424

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)The director may not authorize payments from the fund unless:

(a)the claim was based on a release occurring during a period for which that tank was covered by the fund;

(b)there are sufficient revenues in the fund; and

(c)the claim was made:

(i)no later than one year after that fund-covered tank is closed; or

(ii)no later than six months after the end of the period during which the tank was covered by the fund.

(2)The director may authorize payments from the fund if the claim was made by a responsible party, as determined in accordance with Section 19-6-420 or 19-6-424.5 , that:

(a)was in good standing with the program under Section 19-6-410.5 at the time ownership ceased; and

(b)lost coverage for a release due to the actions or inactions of a subsequent responsible party.

(3)The director may not authorize payments from the fund for a petroleum storage tank installation company unless:

(a)the claim was based on a release occurring during the period prior to the issuance of a certificate of compliance;

(b)the claim was made no later than 12 months after the date the tank is issued a certificate of compliance for that tank; and

(c)there are sufficient revenues in the fund.

(4)The director may require the claimant to provide additional information as necessary to demonstrate coverage by the fund at the time of submittal of the claim.

(5)If the Legislature repeals or refuses to reauthorize the program for petroleum storage tanks established in this part, the director may authorize payments from the fund as provided in this part for claims made until the end of the time period established in Subsection

(1),

(2), or

(3)provided there are sufficient revenues in the fund.

Amended by Chapter 14 , 2025 General Session