R311. Environmental Quality, Environmental Response and Remediation.
R311-200. Underground Storage Tanks: Definitions.
R311-200-1. Definitions.
(1) Terms used in this rule are defined in Section 19-6-402.
(2) In addition, for purposes of this rule:
(a) "Actively participated" for the purpose of the certification programs means that the individual applying for certification must have had operative experience for the entire project from start to finish, whether it be an installation or a removal.
(b) "As-built drawing" for the purpose of notification means a drawing to scale of newly constructed USTs. The USTs shall be referenced to buildings, streets and limits of the excavation. The drawing shall show the locations of tanks, product lines, dispensers, vent lines, cathodic protection systems, and monitoring wells. Drawing size must be limited to 8-1/2" x 11" if possible, but shall in no case be larger than 11" x 17".
(c) "Backfill" means any foreign material, usually pea gravel or sand, which usually differs from the native soil and is used to support or cover the UST system.
(d) "Certificate" means a document that evidences certification.
(e) "Certification" means approval by the director or the Board to engage in the activity applied for by the individual.
(f) "Certified sampler" is the person who performs environmental media sampling for compliance with Utah UST rules.
(g) "Certified Environmental Laboratory" means a laboratory certified by the Utah Department of Health as outlined in Rule R444-14 to perform analyses according to the laboratory methods identified for UST sampling in Subsection R311-205-2(5).
(h) "Change-in-service" means the continued use of an UST to store a non-regulated substance.
(i) "Claimant" means any person eligible to submit requests for reimbursement of costs against the Petroleum Storage Tank Trust Fund as determined by the director.
(j) "Community water system" means a public water system that serves at least fifteen service connections used by year-round residents or regularly serves at least 25 year-round residents.
(k) "Confirmation sample" means an environmental sample taken, excluding closure samples as outlined in Section R311-205-2, during soil over-excavation or any other remedial or investigation activities conducted for the purpose of determining the extent and degree of contamination.
(l) "Consultant" is a person who is a certified UST consultant according to Subsection 19-6-402(7) and Section R-311-201-2.
(m) "Cost Guidelines" refers to the Cost Guidelines for Utah Underground Storage Tank Sites document, dated June 3, 2021. This document contains personnel classifications, requirements, and rates, general tasks and responsibilities for personnel, maximum allowable equipment and laboratory rates, and specific items or activities that will and will not be reimbursed by the Fund.
(n) "Customary, reasonable and legitimate expenses" means costs incurred during the investigation, abatement, and corrective actions that address a release which are normally charged according to accepted industry standards, and which must be justified in an audit as an appropriate cost. The costs must be directly related to the tasks performed.
(o) "Customary, reasonable and legitimate work" means work for investigation, abatement and corrective action that is required to reduce contamination at a site to levels that are protective of human health and the environment. Acceptable levels may be established by risk-based analysis and taking into account current or probable land use as determined by the director following the criteria in Rule R311-211.
(p) "Department" means the Utah Department of Environmental Quality.
(q) "Eligible exempt UST" for the purpose of eligibility for the Utah Petroleum Storage Tank Trust Fund means a tank specified in Subsection 19-6-415(1).
(r) "Environmental media sample" is a groundwater, surface water, air, or soil sample collected, using appropriate methods, for the purpose of evaluating environmental contamination.
(s) "EPA" means the United States Environmental Protection Agency.
(t) "Expeditiously disposed of" means disposed of as soon as practical so as not to become a potential threat to human health or safety or the environment, whether foreseen or unforeseen as determined by the director.
(u) "Fiscal year" means a period beginning July 1 and ending June 30 of the following year.
(v) "Full installation" for the purposes of Subsection 19-6-411(2) means the installation of an UST.
(w) "Groundwater sample" is a sample of water from below the surface of the ground collected according to protocol established in Rule R311-205.
(x) "Injury or damages from a release" means, for the purposes of Subsection 19-6-409(2)(e), any petroleum contamination that has migrated from the release onto or under a third party's property at concentrations exceeding Initial Screening Levels specified in Subsection R311-211-6(1).
(y) "In use" means that an operational, inactive or abandoned UST contains a regulated substance, sludge, dissolved fractions, or vapor which may pose a threat to the safety of human health or the environment, as determined by the director.
(z) "Lapse" in reference to the certificate of compliance and coverage under the Environmental Assurance Program, means to terminate automatically.
(aa) "Native soil" means any soil that is not backfill material, is naturally occurring, and is most representative of the localized subsurface lithology and geology.
(bb) "No Further Action determination" means that the director has evaluated information provided by responsible parties or others about the site and determined that any detectable petroleum contamination from a particular release does not present a
