(1)  An agreement established under this chapter may be terminated by the executive director or the applicant by giving 15 days prior notice, in writing, to the other party.

Terms Used In Utah Code 19-8-109

  • Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
  • Applicant: means the person:
(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
  • Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
  • 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
  • Writing: includes :Utah Code 68-3-12.5
    • (2) 

    (a)  Only those costs incurred or obligated by the executive director prior to the date of termination of the agreement are recoverable under an agreement terminated under this section. Any unused amounts already paid by the applicant to the department as of the date of termination, other than the application fee, are refundable to the applicant.

    (b)  The executive director shall provide to the applicant written and itemized notification of all costs for which the applicant is liable under this Subsection (2) within 90 days after the date the agreement is terminated.

    (3)  If the applicant does not pay to the executive director the department’s costs incurred in the voluntary cleanup within 90 days after the date the applicant receives written notice under Subsection (2)(b), the executive director may request the state attorney general to bring a court action in the name of the state to recover the amount the applicant owes under this section, and reasonable attorney’s fees and court costs.

    (4)  Termination of an agreement under this section does not affect any right of the:

    (a)  executive director to recover costs under any other law; or

    (b)  department to take enforcement and other action as allowed by law.

    Enacted by Chapter 247, 1997 General Session

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