2011 Utah Code
Title 19 Environmental Quality Code
Chapter 6 Hazardous Substances
Section 404 Powers and duties of executive secretary.

19-6-404. Powers and duties of executive secretary.
(1) The executive secretary shall administer the petroleum storage tank program established in this part.
(2) As necessary to meet the requirements or carry out the purposes of this part, the executive secretary may:
(a) advise, consult, and cooperate with other persons;
(b) employ persons;
(c) authorize a certified employee or a certified representative of the department to conduct facility inspections and reviews of records required to be kept by this part and by rules made under this part;
(d) encourage, participate in, or conduct studies, investigation, research, and demonstrations;
(e) collect and disseminate information;
(f) enforce rules made by the board and any requirement in this part by issuing notices and orders;
(g) review plans, specifications, or other data;
(h) represent the state in all matters pertaining to interstate underground storage tank management and control, including, with the concurrence of the executive director, entering into interstate compacts and other similar agreements;
(i) enter into contracts or agreements with political subdivisions for the performance of any of the department's responsibilities under this part if:
(i) the contract or agreement is not prohibited by state or federal law and will not result in a loss of federal funding; and
(ii) the executive secretary determines that:
(A) the political subdivision is willing and able to satisfactorily discharge its responsibilities under the contract or agreement; and
(B) the contract or agreement will be practical and effective;
(j) take any necessary enforcement action authorized under this part;
(k) require an owner or operator of an underground storage tank to:
(i) furnish information or records relating to the tank, its equipment, and contents;
(ii) monitor, inspect, test, or sample the tank, its contents, and any surrounding soils, air, or water; or
(iii) provide access to the tank at reasonable times;
(l) take any abatement, investigative, or corrective action as authorized in this part; and
(m) enter into agreements or issue orders to apportion percentages of liability of responsible parties under Section 19-6-424.5.
(3) Except as otherwise provided in Subsection 19-6-414(3), appeals of decisions made by the executive secretary under this part shall be made to the board.