R311-209-2. Use of State Cleanup Appropriation

(1) The director shall authorize action or expenditure of money from the Petroleum Storage Tank Cleanup Fund and state cleanup appropriations, as authorized by Section 19-6-405.7 and Subsection 19-6-424.5(9) respectively, when: (a) the release is not fully covered by the Environmental Assurance Program; (b) the release is a direct or potential threat to human health or the environment; and (c) the owner or operator is unknown, unable, or unwilling to bring the site under control or remediate the site to achieve the clean-up goals as described in Rule R311-211; or (d) other relevant factors are evident as determined by the director.