An owner may request in writing that the executive director approve termination or modification of the environmental institutional control.
Terms Used In Utah Code 19-10-105
Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
(a)
is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
(b)
(i)
limits the use of the real property, groundwater, or surface water;
(ii)
limits activities that may be performed on or at the property; or
(iii)
requires maintenance of any engineering or other control. See Utah Code 19-10-102
An environmental institutional control may be terminated or modified, in whole or in part, if the executive director determines an unacceptable risk is not posed to public health, safety, or welfare, or the environment.
(3)
(a)
The executive director shall review the request and provide to the owner a written decision approving or denying the request within 120 days from the executive director’s receipt of the request.
(b)
If the executive director denies the request, the executive director shall send the owner a written explanation for the denial.
(c)
If the executive director approves an owner’s request to terminate or modify all or a portion of the environmental institutional controls, the owner shall file the approval with the county recorder in the county in which the real property is located.
