§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.
§22-22-7. Voluntary Remediation Agreement; Required Use of Licensed Remediation Specialist; Required Provisions of a Voluntary Remediation Agreement; Failure to Reach Agreement; Appeal to the Environmental Quality Board; No Enforcement Action When Subject of Agreement
Upon acceptance of an application, the director shall enter into an agreement with the applicant for the remediation of the site which sets forth the following: (a) A person desiring to participate in the voluntary remediation program must enter into a voluntary remediation agreement that sets forth the terms and conditions of the evaluation of […]
§22-22-8. Voluntary Remediation Work Plans and Reports
After signing a voluntary remediation agreement, the person undertaking remediation shall prepare and submit the appropriate work plans and reports to the director. The director shall review and evaluate the work plans and reports for accuracy, quality and completeness. The director may approve a voluntary remediation work plan or report or disapprove and notify the […]
§22-22-9. Termination of Agreement; Cost of Recovery; Legal Actions
The person undertaking remediation may, in their sole discretion, terminate the agreement as provided by the terms of the agreement and by giving fifteen days advance written notice of termination. Only those costs incurred or obligated by the director before notice of termination of the agreement are recoverable, if the agreement is terminated. The termination […]
§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 […]