19-6-108.3 - Executive secretary to issue written assurances, make determinations, and partition operation plans -- Board to make rules.
19-6-108.3. Executive secretary to issue written assurances, make determinations,and partition operation plans -- Board to make rules.
(1) Based upon risk to human health or the environment from potential exposure tohazardous waste, the executive secretary may:
(a) even if corrective action is incomplete, issue an enforceable written assurance to aperson acquiring an interest in real property covered by an operation plan that the person towhom the assurance is issued:
(i) is not a permittee under the operation plan; and
(ii) will not be subject to an enforcement action under this part for contamination thatexists or for violations under this part that occurred before the person acquired the interest in thereal property covered by the operation plan;
(b) determine that corrective action to the real property covered by the operation plan is:
(i) complete;
(ii) incomplete;
(iii) unnecessary with an environmental covenant; or
(iv) unnecessary without an environmental covenant; and
(c) partition from an operation plan a portion of real property subject to the operationplan after determining that corrective action for that portion of real property is:
(i) complete;
(ii) unnecessary with an environmental covenant; or
(iii) unnecessary without an environmental covenant.
(2) If the executive secretary determines that an environmental covenant is necessaryunder Subsection (1)(b) or (c), the executive secretary shall require that the real property besubject to an environmental covenant according to Title 57, Chapter 25, Uniform EnvironmentalCovenants Act.
(3) An assurance issued under Subsection (1) protects the person to whom the assuranceis issued from any cost recovery and contribution action under state law.
(4) By following the procedures and requirements of Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, the board may adopt rules to administer this section.
Amended by Chapter 250, 2008 General Session
Amended by Chapter 382, 2008 General Session