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Section 109 – Termination of agreement — Cost recovery.

19-8-109. Termination of agreement — Cost recovery. (1) An agreement established under this chapter may be terminated by the executive director or the applicant by giving 15 days prior notice, in writing, to the other party. (2) (a) Only those costs incurred or obligated by the executive director prior to the date of termination of […]

Section 110 – Voluntary cleanup work plans and reports.

19-8-110. Voluntary cleanup work plans and reports. (1) After the applicant and the executive director have signed the voluntary cleanup agreement, the applicant shall prepare and submit the appropriate work plans and reports to the executive director as provided in the agreement. (2) The executive director shall review and evaluate the work plans and reports […]

Section 111 – Certificate of completion.

19-8-111. Certificate of completion. (1) If the executive director determines that an applicant has completed a voluntary cleanup in accordance with the agreement entered into under this chapter, the executive director shall within 30 days after the determination issue to the applicant a certificate of completion. (2) The certificate of completion shall: (a) acknowledge the […]

Section 112 – Denial of certificate of completion — Appeal.

19-8-112. Denial of certificate of completion — Appeal. (1) If the executive director determines the applicant has not successfully completed a voluntary cleanup in accordance with an agreement entered into under this chapter, the executive director shall: (a) notify the applicant and the current owner of the property that is the subject of the agreement […]

Section 113 – Applicant’s release from liability.

19-8-113. Applicant’s release from liability. (1) (a) An applicant who is not responsible for the contaminant or contamination under the provisions listed in Subsection (1)(b) at the time the applicant applies to enter into a voluntary cleanup agreement under this chapter is released by issuance of a certificate of completion under Section 19-8-111 from all […]

Section 114 – Additional permits not required.

19-8-114. Additional permits not required. (1) Response action conducted as part of a voluntary cleanup agreement under this chapter does not require a state or local environmental permit, except as required by a program delegated to the state by the federal government under this title. (2) The department shall by rule require that the applicant […]

Section 103 – Creation of restricted account — Purposes.

19-8-103. Creation of restricted account — Purposes. (1) There is created within the General Fund the Environmental Voluntary Cleanup restricted account. (2) The account shall be used to fund department administration and oversight of voluntary cleanups initiated under this chapter. (3) The account may earn interest, which shall be deposited in the account, to be […]

Section 104 – Program.

19-8-104. Program. (1) There is created under this chapter and within the Department of Environmental Quality the Voluntary Environmental Cleanup Program. (2) The program shall be administered by the executive director. (3) The program shall be funded by application fees and imposed oversight costs as provided in this chapter. Enacted by Chapter 247, 1997 General […]