19-6-325 - Voluntary agreements -- Parties -- Funds -- Enforcement.
19-6-325. Voluntary agreements -- Parties -- Funds -- Enforcement.
(1) (a) Under this part, and subject to Subsection (1)(b), the executive director may enterinto a voluntary agreement with a responsible party providing for the responsible party to conductan investigation or a cleanup action on sites that contain hazardous materials.
(b) The executive director and a responsible party may not enter into a voluntaryagreement under this part unless all known potentially responsible parties:
(i) have been notified by either the executive director or the responsible party of theproposed agreement; and
(ii) have been given an opportunity to comment on the proposed agreement prior to theparties' entering into the agreement.
(2) (a) The executive director may receive funds from any responsible party that signs avoluntary agreement allowing the executive director to:
(i) review any proposals outlining how the investigation or cleanup action is to beperformed; and
(ii) oversee the investigation or cleanup action.
(b) Funds received by the executive director under this section shall be deposited in thefund and used by the executive director as provided in the voluntary agreement.
(3) If a responsible party fails to perform as required under a voluntary agreement enteredinto under this part, the executive director may take action and seek penalties to enforce theagreement as provided in the agreement.
(4) The executive director may not use the provisions of Section 19-6-310, 19-6-316, or19-6-318 to recover costs received or expended pursuant to a voluntary agreement from anyperson not a party to that agreement.
(5) (a) Any party who incurs costs under a voluntary agreement in excess of his liabilitymay seek contribution from any other party who is or may be liable under this part for the excesscosts in district court.
(b) In resolving claims made under Subsection (5)(a), the court shall allocate costs usingthe standards in Subsection 19-6-310(2).
(6) This section takes precedence over conflicting provisions in this chapter regardingagreements with responsible parties to conduct an investigation or cleanup action.
Amended by Chapter 324, 2010 General Session