Section 120 – Creation of Brownfields Fund — Purposes — Loan and grant eligibility — Loan restrictions — Rulemaking.
19-8-120. Creation of Brownfields Fund — Purposes — Loan and grant eligibility — Loan restrictions — Rulemaking. (1) As used in this section, “brownfield” has the same meaning as in 42 U.S.C. Sec. 9601(39). (2) There is created an enterprise fund known as the Brownfields Fund. (3) The fund is created to enable the state […]
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 […]
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 105 – Eligibility and exceptions — Grounds for application rejection by executive director.
19-8-105. Eligibility and exceptions — Grounds for application rejection by executive director. Subject to Section 19-8-106, any site is eligible for participation in the voluntary cleanup program created under this chapter except: (1) a treatment, storage, or disposal facility regulated under 42 U.S.C. 6901 et seq.; (2) that portion of a site that is on […]
Section 106 – Rejection of application — Notice to applicant — Resubmission procedure.
19-8-106. Rejection of application — Notice to applicant — Resubmission procedure. (1) The executive director may in his sole discretion reject an application prior to accepting the application fee, and return the application fee to the applicant if: (a) the executive director has reason to believe that a working relationship with the applicant cannot be […]