19-6-315 - Remedial investigations of scored sites -- Parties involved -- Powers of the executive director.
19-6-315. Remedial investigations of scored sites -- Parties involved -- Powers ofthe executive director.
(1) All remedial investigations conducted under the authority of this section shall:
(a) meet the substantive requirements of CERCLA; and
(b) include recommendations for remedial action.
(2) (a) After determining that a hazardous substance release is occurring from a scoredsite and identifying responsible parties under Section 19-6-312, the executive director shall makereasonable efforts to reach an agreement with the identified responsible parties to perform aremedial investigation.
(b) The executive director may define in the agreement the scope of the investigation, theform of the report, and the time limits for completion of the investigation.
(c) If the potentially responsible parties fail to perform as required under an agreemententered under the authority of this section, the executive director may take action to enforce theagreement.
(3) (a) If the executive director is unable to reach an agreement with one or moreresponsible parties to perform a remedial investigation, or determines that the remedialinvestigation performed by responsible parties does not meet the substantive requirements ofCERCLA, he may direct the department to conduct or correct the remedial investigation.
(b) The executive director may recover the costs incurred in conducting a remedialinvestigation from responsible parties according to the standards contained in Section 19-6-316.
Renumbered and Amended by Chapter 112, 1991 General Session