Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
Facility: means :
(i)
any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or
(ii)
any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. See Utah Code 19-6-302
Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
Hazardous materials: means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U. 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
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)
If the executive director has reason to believe any hazardous materialsrelease that occurred after March 18, 1985, is presenting a direct and immediate threat to public health or the environment, the executive director may:
(i)
issue an order requiring the owner or operator of the facility to take abatement action within the time specified in the order; or
(ii)
bring suit on behalf of the state in the district court to require the owner or operator to take immediate abatement action.
(b)
If the executive director determines the owner or operator cannot be located or is unwilling or unable to take abatement action, the executive director may:
(i)
reach an agreement with one or more potentially responsible parties to take abatement action; or
(ii)
use fund money to investigate the release and take abatement action.
(2)
The executive director may use money from the fund created in Section 19-6-307:
(a)
for abatement action even if an adjudicative proceeding or judicial review challenging an order or a decision to take abatement action is pending; and
(b)
to investigate a suspected hazardous materials release if he has reason to believe the release may present a direct and immediate threat to public health.
(3)
This section takes precedence over any conflicting provision in this part.
