49-281. Definitions In this article, unless the context otherwise requires: 1. " Applicant" means any individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership or association, this state, a political subdivision of this state, or a commission of the United States government or a […]
49-282. Water quality assurance revolving fund A. A water quality assurance revolving fund is established to be administered by the director. The fund consists of monies from the following sources: 1. Monies appropriated by the legislature. 2. Fertilizer license fees allocated under section 3-272, subsection B, paragraph 2. 3. Pesticide registration fees allocated under section […]
49-282.01. Maximum annual payments of fees and taxes by mines to water quality assurance revolving fund; definitions A. Notwithstanding any other law, a person engaging in mining is not required to pay fees and taxes listed in section 49-282, subsection A, paragraphs 2 through 9 in excess of the lesser of: 1. Ten thousand dollars […]
49-282.02. Water quality assurance revolving fund; emergency response use; definitions A. Notwithstanding any other statute, monies from the water quality assurance revolving fund may be used for all reasonable costs incurred in remedial actions taken in response to a release or threat of a release of a hazardous substance or pollutant that presents an emergency […]
49-282.03. Interim remedial actions; reimbursement of the fund; rules A. On the request of any person, the director may take interim remedial actions to address the loss or reduction of available water from a well before the selection of a remedy, including making grants from the water quality assurance revolving fund to provide alternative water […]
49-282.04. Cross-contamination inspection; remedial measures A. The director of environmental quality, in consultation with the director of water resources, may inspect wells for vertical cross-contamination of groundwater by hazardous substances and may take appropriate remedial actions to prevent or mitigate this cross-contamination at no cost to the well owner, subject to subsection D of this […]
49-282.05. Agreements for work; suspension of remedial action A. The department may enter into an agreement with any person to perform work at a site on the site registry if the work will be conducted in accordance with the rules adopted pursuant to section 49-282.06. The terms and conditions of the agreement may include a […]
49-282.06. Remedial action criteria; rules A. Remedial actions shall: 1. Assure the protection of public health and welfare and the environment. 2. To the extent practicable, provide for the control, management or cleanup of the hazardous substances in order to allow the maximum beneficial use of the waters of the state. 3. Be reasonable, necessary, […]
49-283. Responsible party liability exemptions; definitions A. For purposes of imposing liability under this article, and except as provided in this section, a person is deemed the party responsible for the release or threatened release of a hazardous substance if the person: 1. Owned or operated the facility: (a) When the hazardous substance was placed […]
49-283.01. Remediated water; liability; definitions A. A provider or user of remediated water is not liable for damages caused or contributed to by the use or distribution of the remediated water except on a showing of wilful, malicious or grossly negligent conduct that was the direct cause of the damages. B. For purposes of this […]
49-283.02. Petroleum liability A release of petroleum or a constituent of petroleum, as defined in section 49-1001, that is a hazardous substance, as defined in section 49-201, shall be subject to the remedial and liability provisions of this article if the release is not otherwise subject to the corrective or remedial action provisions of section […]
49-284. Notice; reportable quantities; penalties A. Notwithstanding any other requirement of state or federal law, any person who is the owner or operator of a facility shall, as soon as the person has knowledge of any release, other than a release in compliance with the limits or conditions in a federal or state permit, of […]
49-285. Liability for remedial actions costs; limitation of actions A. Except as otherwise provided in section 49-283, a person who is a responsible party shall be strictly and severally liable for such reasonable, necessary and cost-effective expenditures for remedial actions as are incurred by this state, a political subdivision of this state or any other […]
49-285.01. Prospective purchaser agreements; assignment; notice; fees; rules A. The department may provide, pursuant to section 49-292, to a prospective purchaser of a facility a written release and a covenant not to sue and may also agree to seek an order of the court granting approval of a settlement that includes immunity from contribution claims […]
49-286. Mitigation of non-hazardous releases A. If the director determines that a drinking water source is being or is about to be rendered unusable without treatment as a drinking water source by a non-hazardous substance that was disposed by a person that would be a responsible party under section 49-283 if the substance were a […]
49-287. Enforcement; use of fund; inspections and information gathering; civil penalties A. Except as provided in section 49-286, the provisions of this article are independent of and are not subject to the enforcement remedies of article 4 of this chapter and section 49-264. B. This section does not preclude the director from initiating actions pursuant […]
49-287.01. Investigation scoring and site registry; no further action A. When information of a possible release or threatened release of a hazardous substance is received, the director may conduct a preliminary investigation to obtain additional information necessary to determine the potential risk to the public health or welfare or the environment in order to score […]
49-287.02. Responsible party search A. If the director determines that a remedial investigation at a site or portion of the site may be necessary and the director determines that cost recovery may be appropriate, the department shall conduct an investigation to identify any person who may be liable under this article. The department shall use […]
49-287.03. Remedial investigation and feasibility study A. The department may conduct a remedial investigation and feasibility study of a scored site or portion of the site to assess conditions on the site or portion of the site and to evaluate alternative potential remedies to the extent necessary to select a final remedy in a manner […]
49-287.04. Proposed remedial action plan; preliminary list of responsible parties; opportunity to comment; record of decision; appeal A. After evaluating the site or portion of a site under section 49-287.03, the director shall prepare a proposed remedial action plan that describes all of the following: 1. The boundaries of the site or portion of the […]
