19-6-302 - Definitions.
19-6-302. Definitions.
As used in this part:
(1) (a) "Abatement action" means to take steps or contract with someone to take steps toeliminate or mitigate the direct or immediate threat to the public health or the environmentcaused by a hazardous materials release.
(b) "Abatement action" includes control of the source of the contamination.
(2) "Bona fide prospective purchaser" has the meaning given in 42 U.S.C. Sec. 9601(40)of CERCLA, but with the substitution of "executive director" for "President" and "part" for"chapter," and including "hazardous materials" where the term "hazardous substances" appears.
(3) "CERCLA" means 42 U.S.C. 9601 et seq., the Comprehensive EnvironmentalResponse, Compensation, and Liability Act.
(4) "Cleanup action" means action taken according to the procedures established in thispart to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous materialfrom a facility.
(5) "Contiguous property owner" means a person who qualifies for the exemption fromliability in 42 U.S.C. Sec. 9607(q)(1) of CERCLA, but with the substitution of "executivedirector" for "President" and "part" for "chapter."
(6) "Enforcement action" means the procedures contained in Section 19-6-306 to enforceorders, rules, and agreements authorized by this part.
(7) (a) "Facility" means:
(i) any building, structure, installation, equipment, pipe, or pipeline, including any pipeinto a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch,landfill, storage container, motor vehicle, rolling stock, or aircraft; or
(ii) any site or area where a hazardous material or substance has been deposited, stored,disposed of, or placed, or otherwise come to be located.
(b) "Facility" does not mean any consumer product in consumer use or any vessel.
(8) "Fund" means the Hazardous Substances Mitigation Fund created by Section19-6-307.
(9) "Hazardous materials" means hazardous waste as defined in the Utah HazardousWaste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42U.S.C. Section 6991(7).
(10) "Hazardous substances" means the definition of hazardous substances contained inCERCLA.
(11) "Hazardous substances priority list" means a list of facilities meeting the criteriaestablished by Section 19-6-311 that may be addressed under the authority of this part.
(12) "Innocent landowner" means a person who qualifies for the exemption from liabilityin 42 U.S.C. Sec. 9607(b)(3) of CERCLA.
(13) "National Contingency Plan" means the National Oil and Hazardous SubstanceContingency plan established by CERCLA.
(14) "National Priority List" means the list established by CERCLA.
(15) "National priority list site" means a site in Utah that is listed on the National PriorityList.
(16) "Proposed national priority list site" means a site in Utah that has been proposed bythe Environmental Protection Agency for listing on the National Priority List.
(17) (a) "Release" means a spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing of substances into theenvironment that is not authorized under state or federal law, rule, or regulation.
(b) "Release" includes abandoning or discarding barrels, containers, and other closedreceptacles containing any hazardous material or substance, unless the discard or abandonment isauthorized under state or federal law, rule, or regulation.
(18) "Remedial action" means action taken consistent with the substantive requirementsof CERCLA according to the procedures established by this part to prevent, eliminate, minimize,mitigate, or clean up the release of a hazardous substance from a facility on the hazardoussubstances priority list.
(19) "Remedial action plan" means a plan for remedial action consistent with thesubstantive requirements of CERCLA and approved by the executive director.
(20) "Remedial investigation" means a remedial investigation and feasibility study asdefined in the National Contingency Plan established by CERCLA.
(21) (a) "Responsible party" means:
(i) the owner or operator of a facility;
(ii) any person who, at the time any hazardous substance or material was disposed of atthe facility, owned or operated the facility;
(iii) any person who arranged for disposal or treatment, or arranged with a transporter fortransport, for disposal, or treatment of hazardous materials or substances owned or possessed bythe person, at any facility owned or operated by another person and containing the hazardousmaterials or substances; or
(iv) any person who accepts or accepted any hazardous materials or substances fortransport to a facility selected by that person from which there is a release that causes theincurrence of response costs.
(b) For hazardous materials or substances that were delivered by a motor carrier to anyfacility, "responsible party" does not include the motor carrier, and the motor carrier may not beconsidered to have caused or contributed to any release at the facility that results fromcircumstances or conditions beyond its control.
(c) "Responsible party" under Subsections (21)(a)(i) and (ii) does not include:
(i) any person who does not participate in the management of a facility and who holdsindicia of ownership:
(A) primarily to protect a security interest in a facility; or
(B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under anemployee benefit plan;
(ii) governmental ownership or control of property by involuntary transfers as providedin CERCLA Section 101(20)(D) and 40 CFR 300.1105, National Contingency Plan; or
(iii) any person, including a fiduciary or custodian under Title 75, Utah Uniform ProbateCode, or under an employee benefit plan who holds indicia of ownership and did not participatein the management of a facility prior to foreclosure in accordance with 42 U.S.C. Sec.9601(20)(E)(ii) of CERCLA.
(d) The exemption created by Subsection (21)(c)(i)(B) does not apply to actions taken bythe state or its officials or agencies under this part.
(e) The terms "security interest," "participate in management," "foreclose," and"foreclosure" under this part are defined in accordance with 42 U.S.C. Sec. 9601(20)(E), (F), and(G) of CERCLA.
(22) "Scored site" means a facility in Utah that meets the requirements of scoringestablished by the National Contingency Plan for placement on the National Priority List.
Amended by Chapter 356, 2009 General Session