19-8-113 - Applicant's release from liability.
19-8-113. Applicant's release from liability.
(1) (a) An applicant who is not responsible for the contaminant or contamination underthe provisions listed in Subsection (1)(b) at the time the applicant applies to enter into avoluntary cleanup agreement under this chapter is released by issuance of a certificate ofcompletion under Section 19-8-111 from all liability to the state for cleanup of property coveredby the certificate and from all liability for claims arising under state law for contributionregarding matters addressed by the certificate of completion, except for any releases orconsequences the applicant causes.
(b) Provisions referred to in Subsection (1)(a) are: Title 19, Chapter 5, Water QualityAct; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19, Chapter 6, Part 3,Hazardous Substances Mitigation Act; or Title 19, Chapter 6, Part 4, Underground Storage TankAct.
(2) There is no release from liability under this chapter if a certificate of completion isobtained by fraud, misrepresentation, or the knowing failure to disclose material information.
(3) (a) After a certificate of completion is issued under this chapter, an owner who thenacquires property covered by the certificate, or a lender who then makes a loan secured byproperty covered by the certificate, is released from all liability to the state regarding propertycovered by the certificate for cleanup of contamination released before the date of the certificate,and from all liability for claims arising under state law for contribution regarding mattersaddressed by the certificate of completion, except under Subsection (3)(b).
(b) A release of liability under Subsection (3)(a) is not available to an owner or lenderunder Subsection (3)(a) who:
(i) was originally responsible for a release or contamination under Title 19, Chapter 5,Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19, Chapter6, Part 3, Hazardous Substances Mitigation Act; or Title 19, Chapter 6, Part 4, UndergroundStorage Tank Act;
(ii) changes the land use from the use specified in the certificate of completion if thechanged use or uses may reasonably be expected to result in increased risks to human health orthe environment; or
(iii) causes further releases on the property covered by the certification.
(c) A release under this Subsection (3) is subject to the limitations of Subsection (2).
(4) The executive director may issue enforceable written assurances to a contiguousproperty owner of real property stating that no enforcement action under this part may beinitiated against the contiguous property owner and providing the owner protection from statelaw cost recovery and contribution actions.
Amended by Chapter 200, 2005 General Session