Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
National Contingency Plan: means the National Oil and Hazardous Substance Contingency plan established by CERCLA. See Utah Code 19-6-302
National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
National priority list site: means a site in Utah that is listed on the National Priority List. See Utah Code 19-6-302
Release: includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. See Utah Code 19-6-302
Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
Remedial investigation: means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. See Utah Code 19-6-302
Responsible party: means :
(i)
the owner or operator of a facility;
(ii)
any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility;
(iii)
any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or
(iv)
any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. See Utah Code 19-6-302
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
meet the substantive requirements of CERCLA;
(b)
follow procedures established by the National Contingency Plan to avoid inconsistent state and federal action; and
(c)
include recommendations for remedial action.
(2)
(a)
After determining that a hazardous substance release is occurring from a national priority list site or proposed national priority list site, and identifying responsible parties under Section 19-6-312, the executive director shall make reasonable efforts to reach an agreement with the identified responsible parties to conduct a remedial investigation.
(b)
The executive director may define in the agreement the scope of the remedial investigation, the form of the report, and the time limits for completion of the investigation.
(c)
If any responsible party fails to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement.
(3)
(a)
If the executive director is unable to reach an agreement with one or more responsible parties to perform a remedial investigation, the executive director may issue an order directing one or more responsible parties to perform the remedial investigation.
(b)
The executive director may define in the order the scope of the remedial investigation, the form of the report, and the time limits for completion of the remedial investigation.
(4)
(a)
If the executive director is unable to obtain an agreement with one or more responsible parties to perform a remedial investigation, chooses not to order any responsible party to perform the remedial investigation, or determines that the remedial investigation performed by a responsible party does not meet the substantive requirements of CERCLA, he may direct the department to conduct or correct the remedial investigation.
(b)
The executive director may recover the costs incurred in conducting a remedial investigation from responsible parties according to the standards contained in Section 19-6-316.
Renumbered and Amended by Chapter 112, 1991 General Session
