(1)  The executive director shall develop and, as frequently as is necessary, revise a hazardous substances priority list by making a rule that:

Terms Used In Utah Code 19-6-311

  • Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
  • Fund: means the Hazardous Substances Mitigation Fund created by Section 19-6-307. See Utah Code 19-6-302
  • Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
  • Hazardous substances priority list: means a list of facilities meeting the criteria established by Section 19-6-311 that may be addressed under the authority of this part. See Utah Code 19-6-302
  • National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
(a)  identifies separately national priority list sites, proposed national priority list sites, and scored sites that pose a significant threat to the public health or the environment; and

(b)  declares those sites to be eligible to be addressed under the authority granted by this part.

(2)  The executive director may not spend fund money or use the authority granted by this part to address any facilities containing hazardous substances that are not on the hazardous substances priority list.

(3)  The executive director shall remove facilities from the hazardous substances priority list when appropriate.

Renumbered and Amended by Chapter 112, 1991 General Session