19-6-302.5 - Retroactive effect.
19-6-302.5. Retroactive effect.
(1) The Legislature finds the language in this part, prior to the passage of this act, did notclearly set forth procedures for identifying responsible parties and allocating among those partiesresponse costs at sites where hazardous substances or materials have been released. This lack ofclarity has interfered with effective allocation of costs of cleanup as required by this part.
(2) It is the intent of the Legislature that this act provides clarification of the Legislature'soriginal intent to facilitate cleanups of hazardous substances or materials by providingclarification of procedures for allocating liability and response costs.
(3) (a) It is the intent of the Legislature that liability as determined under this act appliesretroactively to any release of a hazardous substance or material subject to or currently in theprocess of investigation, abatement, or corrective action under this part as of the effective date ofthis act.
(b) Any responsible party whose liability for cleanup costs is absolved or altered by theprovisions of this act is subject only to further costs or action as required by this part.
Enacted by Chapter 324, 1995 General Session