§22-22-17. Public Notification for Brownfields
Persons undertaking the remediation and revitalization of brownfield sites shall comply with the following public notice and review requirements: (a) A notice of intent to remediate a site shall be submitted to the division which provides, to the extent known, a brief description of the location of the site, a listing of the contaminants involved […]
§22-22-18. Environmental Liability Protection
(a) Any person demonstrating compliance with the applicable standards established in section three of this article, whether by remediation or where the site assessment shows that the contamination at the site meets applicable standards, shall be relieved of further liability for the remediation of the site under this chapter. Contamination identified in the remediation agreement […]
§22-22-19. Establishing and Limiting the Responsibilities of Remediation Contractors
(a) A person who is engaged in the business of remediation contractor under this article is not responsible for a release or threatened release of contaminants at the site described in the voluntary remediation agreement for work properly performed pursuant to the agreement. (b) A person who is engaged in the business of remediation contractor […]
§22-22-20. Affirmative Defenses
Any person who is alleged to have violated an environmental law or the common law equivalent, which occurred while acting pursuant to this article, may affirmatively plead the following in response to an alleged violation: (a) An act of God; (b) An intervening act of a public agency; (c) Migration from property owned by a […]
§22-22-21. Savings Clause
Nothing in this article shall affect the rights, duties, defenses, immunities or causes of action under other statutes or the common law of this state which may be applicable to persons conducting remediation of a site.
§22-22-10. Inspections; Right of Entry; Sampling; Reports and Analyses
(a) The director, upon presentation of proper credentials may enter any building, property, premises, place or facility where brownfield or voluntary remediation activities are being or have been performed for the purpose of making an inspection to ascertain the compliance by any person with the provisions of this article or the rules promulgated by the […]
§22-22-11. Licensed Remediation Specialist, Licensure Procedures
(a) No person may practice as a licensed remediation specialist without a license issued by the director. Any violation of this provision shall be subject to the enforcement orders as set forth in section twelve of this article. (b) To obtain a license, a person must apply to the director in writing on forms approved […]
§22-22-12. Enforcement Orders for Licensed Remediation Specialists; Cease and Desist Order; Criminal Penalties
(a) If the director, upon inspection, investigation or through other means observes, discovers or learns that a licensed remediation specialist has violated the provisions of this article or any rules promulgated hereunder, the director may: (1) Issue an order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a […]
§22-22-13. Certificate of Completion
(a) The licensed remediation specialist shall issue a final report to the person undertaking the voluntary remediation when the property meets the applicable standards and all work has been completed as contemplated in the voluntary remediation agreement or the site assessment shows that all applicable standards are being met. Upon receipt of the final report, […]
§22-22-14. Land-Use Covenant; Criminal Penalties
(a) The director shall establish by rule, criteria for deed recordation of land-use covenants and containing all necessary deed restrictions. The director shall cause all land-use covenants to appear in the chain of title by deed to be properly recorded in the office of the county clerk where the remediation site is located. If institutional […]