Section 117 – Program report and budget allocations — Fee schedule.
19-8-117. Program report and budget allocations — Fee schedule. (1) (a) For applications submitted on or after May 5, 1997 through June 30, 1998, the application fee under this chapter is $2,000. (b) Regarding applications submitted on and after July 1, 1998, the executive director shall annually calculate the costs to administer the voluntary cleanup […]
Section 118 – Cleanups conducted prior to May 5, 1997.
19-8-118. Cleanups conducted prior to May 5, 1997. (1) A person who has completed a response action prior to May 5, 1997, at a site that would have been eligible for participation in the program under this chapter, may submit an application to the executive director under Section 19-8-107 for a certificate of completion under […]
Section 119 – Apportionment or contribution.
Effective 5/5/2021 19-8-119. Apportionment or contribution. (1) Any party who incurs costs under a voluntary agreement entered into under this part in excess of the party’s liability may seek contribution in an action in district court from any other party who is or may be liable under Subsection 19-6-302(21) or 19-6-402(27) for the excess costs […]
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 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 […]
Section 107 – Participation application — Procedure.
19-8-107. Participation application — Procedure. (1) To participate in the voluntary cleanup program an applicant shall: (a) submit to the department an application and application fee under Subsection (2); and (b) pay to the department all costs of the department’s oversight of the voluntary cleanup. (2) An application submitted under this section shall: (a) be […]
Section 108 – Voluntary agreement — Procedure and establishment.
19-8-108. Voluntary agreement — Procedure and establishment. (1) (a) Before the executive director may evaluate any detailed plan or report regarding the remediation goals and proposed methods of remediation, the applicant and the executive director shall have entered into a voluntary cleanup agreement under this chapter. (b) The agreement shall establish the terms and conditions […]
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 […]