Section 105 – Termination of institutional control.
19-10-105. Termination of institutional control. (1) An owner may request in writing that the executive director approve termination or modification of the environmental institutional control. (2) An environmental institutional control may be terminated or modified, in whole or in part, if the executive director determines an unacceptable risk is not posed to public health, safety, […]
Section 106 – Enforcement and inspection regarding institutional controls.
19-10-106. Enforcement and inspection regarding institutional controls. (1) An environmental institutional control may be enforced or protected by a temporary restraining order or an injunction obtained in a court of competent jurisdiction by the department or other affected parties. (2) In addition to injunctive relief, the department is entitled to recover costs for actions which, […]
Section 107 – Records regarding institutional controls.
19-10-107. Records regarding institutional controls. The department shall maintain a record of the properties subject to environmental institutional controls established under this chapter. The department may archive the records. Enacted by Chapter 44, 2003 General Session
Section 108 – Appeals of institutional control decisions.
19-10-108. Appeals of institutional control decisions. Any determination by the executive director under this chapter may be appealed as provided in Title 63G, Chapter 4, Administrative Procedures Act. Amended by Chapter 382, 2008 General Session
Section 101 – Title — Scope.
19-10-101. Title — Scope. (1) This chapter is known as the “Environmental Institutional Control Act.” (2) (a) This chapter applies to an environmental institutional control created before May 1, 2006. (b)Title 57, Chapter 25, Uniform Environmental Covenants Act, governs an environmental covenant created on or after May 1, 2006. Amended by Chapter 51, 2006 General […]
Section 103 – Establishment of environmental institutional controls.
19-10-103. Establishment of environmental institutional controls. An owner of real property may, with the approval of the executive director, restrict the use of the real property by imposing on the real property appropriate environmental institutional controls to mitigate the risk posed to the public health, safety, or welfare, or the environment. Enacted by Chapter 44, […]
Section 104 – Requirements for creation of institutional control.
19-10-104. Requirements for creation of institutional control. An environmental institutional control shall: (1) be in writing and shall be recorded by the owner of the real property in the county recorder’s office in the county where the real property is located; (2) contain a legal description of the area of the real property that is […]