19-8-103. Creation of restricted account — Purposes. (1) There is created within the General Fund the Environmental Voluntary Cleanup restricted account. (2) The account shall be used to fund department administration and oversight of voluntary cleanups initiated under this chapter. (3) The account may earn interest, which shall be deposited in the account, to be […]
19-8-104. Program. (1) There is created under this chapter and within the Department of Environmental Quality the Voluntary Environmental Cleanup Program. (2) The program shall be administered by the executive director. (3) The program shall be funded by application fees and imposed oversight costs as provided in this chapter. Enacted by Chapter 247, 1997 General […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
19-8-115. Rules — Public notice — Participation. The department shall make rules as necessary to administer this chapter. The rules shall include provisions for public participation by, and notice to, affected property owners regarding voluntary cleanup decisions. Enacted by Chapter 247, 1997 General Session
19-8-116. Reservation of applicant’s and department’s causes of action. (1) This chapter does not release, discharge, or in any way affect any claims, causes of action, or demands in law or equity the applicant or the department may have against any person not a party to the agreement, for any liability it may have arising […]
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 […]
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 […]
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 […]
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 […]
