1. (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. (2) To meet the eligibility requirements of Subsection 19-6-409(6) the applicant must, for facilities for which the applicant requests a loan:

   1. (a) demonstrate current compliance with all state PST and federal UST laws, rules and regulations, including compliance with requirements for remediation of facilities with leaking PSTs; or
   2. (b) must be able to achieve compliance with the loan proceeds.

3. (3) To meet the eligibility requirements of Subsection 19-6-409(6) the applicant must meet the following for facilities owned or operated by the applicant for which the applicant does not request a loan:

   1. (a) the applicant has demonstrated current compliance with all state PST and federal UST laws, rules and regulations, including compliance with requirements for remediation of facilities with leaking PSTs;
   2. (b) regulated PSTs owned by the applicant have met the requirements of Subsection 19-6-412(2) and have a current certificate of compliance;
   3. (c) the applicant has paid PST registration fees, interest, and penalties which have been assessed; and
   4. (d) the applicant has paid applicable petroleum storage tank fees, interest, and penalties which have been assessed.

4. (4) To meet the requirements of Subsection 19-6-409(5), the loan request must be for:

   1. (a) upgrading PSTs;
   2. (b) replacing PSTs; or
   3. (c) permanently closing petroleum PSTs.
5. (5) if an applicant requests a loan for closing PSTs which will be replaced by storage tanks that are not regulated under the Petroleum Storage Tank Act, the loan, if approved, will be only for closing the PSTs; the security pledged by the applicant for a loan to replace PSTs with storage tanks that are not regulated under the Petroleum Storage Tank Act will be subject to the limitations in Section R311-212-6.

KEY: hazardous substances, petroleum, underground storage tanks

Date of Last Change: November 14, 2025

Notice of Continuation: March 8, 2022

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-403; 19-6-409