(1)  The Legislature finds the language in this part, prior to the passage of this act, did not clearly set forth procedures for identifying responsible parties and allocating among those parties response costs at sites where hazardous substances or materials have been released. This lack of clarity has interfered with effective allocation of costs of cleanup as required by this part.

Terms Used In Utah Code 19-6-302.5

  • Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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
(2)  It is the intent of the Legislature that this act provides clarification of the Legislature’s original intent to facilitate cleanups of hazardous substances or materials by providing clarification of procedures for allocating liability and response costs.

(3) 

(a)  It is the intent of the Legislature that liability as determined under this act applies retroactively to any release of a hazardous substance or material subject to or currently in the process of investigation, abatement, or corrective action under this part as of the effective date of this act.

(b)  Any responsible party whose liability for cleanup costs is absolved or altered by the provisions of this act is subject only to further costs or action as required by this part.

Enacted by Chapter 324, 1995 General Session

  Previous section
Next section  
 Part 3 Contents