| (1) |
Based upon risk to human health or the environment from potential exposure to hazardous waste, the director may:
Terms Used In Utah Code 19-6-108.3- Board: means the Waste Management and Radiation Control Board created in Section 19-1-106. See Utah Code 19-6-102
- Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-6-102
- Hazardous waste: means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. See Utah Code 19-6-102
- Permittee: means a person who is obligated under an operation plan. See Utah Code 19-6-102
- Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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) |
even if corrective action is incomplete, issue an enforceable written assurance to a person acquiring an interest in real property covered by an operation plan that the person to whom the assurance is issued:
| (i) |
is not a permittee under the operation plan; and |
| (ii) |
will not be subject to an enforcement action under this part for contamination that exists or for violations under this part that occurred before the person acquired the interest in the real property covered by the operation plan; |
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| (b) |
determine that corrective action to the real property covered by the operation plan is:
| (iii) |
unnecessary with an environmental covenant; or |
| (iv) |
unnecessary without an environmental covenant; and |
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| (c) |
partition from an operation plan a portion of real property subject to the operation plan after determining that corrective action for that portion of real property is:
| (ii) |
unnecessary with an environmental covenant; or |
| (iii) |
unnecessary without an environmental covenant. |
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