75-11-521. Benchmarks -- budget action taken if not met. (1) Categorizing petroleum storage tank release sites as resolved is a higher priority than investigation of new releases unless the new release is an imminent danger to the health and safety of the public.
(2) The department shall develop a list of open release sites prioritized by danger to the health and safety of the public and anticipated date of categorizing the sites as resolved.
(3) (a) The cumulative benchmarks that are provided in subsection (3)(b) must be met. If the benchmarks are not met, money appropriated for petroleum storage tank leak prevention may not be included in the department's base budget, as defined in 17-7-102, for the current biennium.
(b) The cumulative benchmarks are as follows:
| Date | Total Number of Resolved Sites |
| December 31, 2011 | 45 |
| July 1, 2012 | 90 |
| December 31, 2012 | 135 |
| July 1, 2013 | 180 |
| December 31, 2013 | 225 |
| July 1, 2014 | 270 |
| December 31, 2014 | 315 |
| July 1, 2015 | 360 |
(4) The department shall report to the environmental quality council established by 5-16-101 at the next regularly scheduled meeting of the council following the passing of each benchmark date in subsection (3)(b).
(5) As used in this section, the following definitions apply:
(a) "Petroleum storage tank" has the same meaning as prescribed in 75-11-302.
(b) "Release" has the same meaning as prescribed in 75-11-302.
(c) "Resolved" means a determination by the department that all cleanup requirements have been met and that conditions at the site ensure present and long-term protection of human health, safety, and the environment.