19-8-108 - Voluntary agreement -- Procedure and establishment.
19-8-108. Voluntary agreement -- Procedure and establishment.
(1) (a) Before the executive director may evaluate any detailed plan or report regardingthe remediation goals and proposed methods of remediation, the applicant and the executivedirector shall have entered into a voluntary cleanup agreement under this chapter.
(b) The agreement shall establish the terms and conditions for the evaluation ofinvestigation, remediation, and status reports.
(2) Before the applicant may initiate any response action covered by an agreement, avoluntary cleanup agreement shall have been signed by the applicant and the executive director,except that the applicant may take emergency measures as necessary, but shall coordinate thesemeasures with the appropriate emergency response authorities.
(3) A voluntary cleanup agreement shall provide for:
(a) recovery by the department of all reasonable costs:
(i) incurred in the voluntary cleanup in the review and oversight of the applicant's workplan and reports and as a result of the department's field activities regarding the cleanup;
(ii) attributable to the voluntary cleanup agreement; and
(iii) in excess of the amount of fees submitted by the applicant under Section 19-8-107;and
(b) a schedule of payments by the applicant to the department, to be made by theapplicant for recovery of all department costs attributable to the voluntary cleanup program,including:
(i) direct and indirect costs of overhead, salaries, equipment, and utilities;
(ii) legal, management, and support costs; and
(iii) appropriate tasks, deliverables, and schedules.
(4) A voluntary cleanup agreement shall:
(a) identify all statutes and rules with which the applicant shall comply;
(b) describe any work plan or report the applicant shall submit to the executive directorfor review, including a final report that provides all information necessary for the executivedirector to confirm that all work contemplated by the voluntary cleanup agreement has beencompleted;
(c) include a schedule for submitting the information required by Subsection (4)(b); and
(d) state the technical standards to be applied in evaluating the work plans and reports.
(5) If an agreement under this section is not established between the applicant and theexecutive director within 30 days after good faith negotiations between the parties have beeninitiated:
(a) the applicant or the executive director may, upon providing written notice to the otherparty, withdraw from the negotiations; and
(b) the applicant's application fee is not refundable.
(6) The department may not initiate an enforcement action against an applicant regardinga contamination or release, or any activity that resulted in the contamination or release if theapplicant:
(a) is in compliance with this chapter regarding the contamination or release; and
(b) has entered into a voluntary cleanup agreement that is in effect under this chapterregarding the contamination or release.
Enacted by Chapter 247, 1997 General Session