1. (1) An underground storage tank exempt from regulation under 40 C.F.R., Part 280, Subpart A, may become eligible for payments from the Petroleum Storage Tank Fund if the underground storage tank:

   1. (a)

      1. (i) is a farm or residential tank with a capacity of 1,100 gallons or less and is used for storing motor fuel for noncommercial purposes;
      2. (ii) is used for storing heating oil for consumptive use on the premises where stored; or
      3. (iii) is used for any oxygenate blending component for motor fuels;
   2. (b) complies with the requirements of Section 19-6-412;
   3. (c) meets other requirements established by rules made under Section 19-6-403; and
   4. (d) pays registration and tank fees and environmental assurance fees, equivalent to those fees outlined in Sections 19-6-408, 19-6-410.5, and 19-6-411.

2. (2) An aboveground petroleum storage tank excluded from the definition of aboveground petroleum storage tank under Section 19-6-402, may become eligible for payments from the Petroleum Storage Tank Fund if the owner or operator:

   1. (a) pays those fees that are equivalent to the registration and tank fees and environmental assurance fees under Sections 19-6-408, 19-6-410.5, and 19-6-411;
   2. (b) complies with the requirements of Section 19-6-412; and
   3. (c) meets other requirements established by rules made under Section 19-6-403.

Amended by Chapter 451, 2022 General Session