§ 25-16-301. Short Title
This part 3 shall be known and may be cited as the “Voluntary Clean-up and Redevelopment Act”. Source: L. 94: Entire part added, p. 1948, § 1, effective July 1.
§ 25-16-302. Legislative Declaration
The general assembly hereby declares that the purpose of this part 3 is to provide for the protection of human health and the environment and to foster the transfer, redevelopment, and reuse of facilities and sites that have been previously contaminated with hazardous substances or petroleum products. The general assembly further declares that this program […]
§ 25-16-303. Voluntary Clean-Up and Redevelopment Program – General Provisions – Fees – Access to Property During Reviews
The program established in this part 3 shall be voluntary and may be initiated by: The submission to the department of an application for approval of a voluntary clean-up plan pursuant to section 25-16-304 for properties where remediation may be necessary to protect human health and the environment in light of the current or proposed […]
§ 25-16-304. Voluntary Clean-Up Plan
Any person who owns real property which has been contaminated with hazardous substances or petroleum products may submit an application for the approval of a voluntary clean-up plan to the department under the provisions of this section. A voluntary clean-up plan shall include: An environmental assessment of the real property which describes the contamination, if […]
§ 25-16-305. Remediation Alternatives
Remediation alternatives shall be based on the actual risk to human health and the environment currently posed by contaminants on the real property, considering the following factors: The present or proposed uses of the site; The ability of the contaminants to move in a form and manner which would result in exposure to humans and […]
§ 25-16-306. Approval of Voluntary Clean-Up Plan – Time Limits – Contents of Notice – Conditions Under Which Approval Is Void – Expiration of Approval
The department shall provide formal written notification that a voluntary clean-up plan has been approved or disapproved within no more than forty-five days after a request by a property owner, unless the property owner and the department agree to an extension of the review to a date certain. Such review shall be limited to a […]
§ 25-16-307. No Action Determinations
A property owner may file with the department a written petition to request a no action determination pursuant to this section. The department shall provide formal written notification that a no action petition has been approved or disapproved within no more than forty-five days after a request by a property owner, unless the property owner […]
§ 25-16-308. Environmental Assessment – Requirements
The department may only accept environmental assessments under this part 3 that are prepared by a qualified environmental professional. A qualified environmental professional is a person with education, training, and experience in preparing environmental studies and assessments. The environmental assessment described in section 25-16-304 (2)(a) shall include the following information: The legal description of the […]
§ 25-16-309. Coordination With Other Laws
Nothing in this part 3 shall absolve any person from obligations under any other law or regulation, including any requirement to obtain permits or approvals for work performed under a voluntary clean-up plan. If the United States environmental protection agency indicates that it is investigating a site which is the subject of an approved voluntary […]
§ 25-16-310. Enforceability of Voluntary Clean-Up Plans and No Action Determinations
Voluntary clean-up plans are not enforceable against a property owner; except that, if the department can demonstrate that a property owner who initiated a voluntary clean-up under an approved plan has failed to fully and properly implement that plan, the department may require further action if the action is authorized by other laws or regulations […]