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 104 – Unlawful disclosure — Environmental audit report.
19-7-104. Unlawful disclosure — Environmental audit report. (1) Information that is divulged, disseminated, or otherwise disclosed in violation of Utah Rules of Evidence, Rule 508, may not be admitted as evidence in an administrative or judicial proceeding. (2) If any person, including a department employee or a presiding hearing officer, divulges or disseminates any part […]
Section 105 – Privilege in administrative proceeding.
19-7-105. Privilege in administrative proceeding. An environmental audit report is privileged in accordance with and to the extent provided by Utah Rules of Evidence, Rule 508, Environmental Self-Evaluation Privilege, in any administrative proceeding. Enacted by Chapter 304, 1995 General Session
Section 106 – In camera review — Burden of proof.
19-7-106. In camera review — Burden of proof. (1) The person seeking disclosure of an environmental audit report shall request an in camera review of the audit report by a court of record. (2) (a) If a court of record determines through in camera review that all or part of an environmental audit report is […]
Section 107 – Privileged communications.
19-7-107. Privileged communications. (1) A person or an officer or employee of that person who performs an environmental self-evaluation, as defined by Section 19-7-103, or assists in the preparation of an environmental audit report, as defined by Section 19-7-103, or a consultant hired for the purpose of performing an environmental self-evaluation or audit report cannot […]
Section 108 – Scope of chapter.
19-7-108. Scope of chapter. This chapter shall apply to all administrative and judicial proceedings commenced on or after March 21, 1995. Enacted by Chapter 304, 1995 General Session
Section 109 – Incentives for voluntary disclosure and compliance — Waiver of civil penalties.
19-7-109. Incentives for voluntary disclosure and compliance — Waiver of civil penalties. (1) As used in this section, “regulated entity” means any person, business, or other entity subject to regulation under Title 19, Environmental Quality Code. (2) The department shall waive civil penalties for an instance of noncompliance with an environmental law or requirement: (a) […]