R311. Environmental Quality, Environmental Response and Remediation.
R311-212. Administration of the Petroleum Storage Tank Loan Program.
Definitions are found in Rule R311-200.
R311-212-2. Declaration of Loan Application Periods, and Loan Application Submittal.
(1) Application for a loan must be made on forms incorporated in Section R311-212-10, in accordance with Subsection 19-6-409(9).
(a) loan applications will be accepted during application periods designated by the director.
(2) At least one application period shall be designated each calendar year if, on January 1:
(a) the current balance due for all outstanding loans is less than 25% of the cash balance of the Petroleum Storage Tank Trust Fund; and
(b) the cash balance of the Fund exceeds $10,000,000.
(3) If the requirements of Subsections R311-212-2(2)(a) and R311-212-2(2)(b) are not met on January 1, but are met at a later time in the calendar year, the director may designate an application period.
(4) An open application period will close if:
(a) the current balance due for all outstanding loans exceeds 25% of the cash balance of the Fund; or
(b) the cash balance of the Fund is less than $10,000,000.
(5) If an open application period closes as required by Subsection R311-212-2(4), loan applications currently under review when the application period closes may be renewed when a new application period opens, unless the applicant must re-apply as required by Subsection R311-212-5(1).
(6) Applications must be received by the director by 5:00 p.m. on the last day of the application period.
(7) Loan applications received outside the application period will be invalid.
R311-212-3. Eligibility Review.
(1) The director shall determine if the applicant meets the eligibility criteria stated in Subsections 19-6-409(5) through 19-6-409(8).
(2) To meet the eligibility requirements of Subsection 19-6-409(6) the applicant must, for all facilities for which the applicant requests a loan:
(a) demonstrate current compliance with all state and federal UST laws, rules and regulations, including compliance with all requirements for remediation of facilities with leaking USTs; or
(b) must be able to achieve compliance with the loan proceeds.
(3) To meet the eligibility requirements of Subsection 19-6-409(6) the applicant must meet the following for all facilities owned or operated by the applicant for which the applicant does not request a loan:
(a) the applicant has demonstrated current compliance with all state and federal UST laws, rules and regulations, including compliance with all requirements for remediation of facilities with leaking USTs;
(b) all regulated USTs owned by the applicant have met the requirements of Subsection 19-6-412(2) and have a current certificate of compliance;
(c) the applicant has paid all UST registration fees, interest and penalties which have been assessed; and
(d) the applicant has paid all applicable petroleum storage tank fees, interest and penalties which have been assessed.
(4) To meet the requirements of Subsection 19-6-409(5), the loan request must be for the purpose of:
(a) upgrading petroleum USTs;
(b) replacing petroleum USTs; or
(c) permanently closing USTs.
(5) if an applicant requests a loan for closing USTs which will be replaced by aboveground storage tanks, the loan, if approved, will be only for closing the USTs.
(a) the security pledged by the applicant for a loan to replace USTs with aboveground storage tanks will be subject to the limitations in R311-212-6.
R311-212-4. Prioritization of Loan Applications.
(1) When determined by the director to be necessary, all applications received during a designated application period shall be prioritized by total points assigned.
(a) ten points shall be given for each item that applies to the applicant or the facility for which the loan is requested:
(i) the applicant has less than $1,000,000 annual gross income and fewer than five full-time employee equivalents and is not owned or operated by any person not meeting the income and employee criteria.
(ii) the applicant's income is derived solely from operations at UST facilities.
(iii) the applicant owns or operates no more than two facilities.
(iv) the facility is located in a U.S. Census Bureau population unit containing fewer than 5,000 people.
(v) there are no more than three operating retail outlets selling motor fuel within 15 miles road distance in all directions.
(vi) loan proceeds will be used solely for replacing or upgrading petroleum USTs.
(vii) all USTs at the facility are greater than 15 years old.