| (1) |
All remedial investigations conducted under the authority of this section shall:
Terms Used In Utah Code 19-6-315- CERCLA: means 42 U. See Utah Code 19-6-302
- Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
- 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
- Remedial action: means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. See Utah Code 19-6-302
- Remedial investigation: means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. See Utah Code 19-6-302
- Scored site: means a facility in Utah that meets the requirements of scoring established by the National Contingency Plan for placement on the National Priority List. See Utah Code 19-6-302
| (a) |
meet the substantive requirements of CERCLA; and |
| (b) |
include recommendations for remedial action. |
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| (2) |
| (a) |
After determining that a hazardous substance release is occurring from a scored site and identifying responsible parties under Section 19-6-312, the executive director shall make reasonable efforts to reach an agreement with the identified responsible parties to perform a remedial investigation. |
| (b) |
The executive director may define in the agreement the scope of the investigation, the form of the report, and the time limits for completion of the investigation. |
| (c) |
If the potentially responsible parties fail to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement. |
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| (3) |
| (a) |
If the executive director is unable to reach an agreement with one or more responsible parties to perform a remedial investigation, or determines that the remedial investigation performed by responsible parties does not meet the substantive requirements of CERCLA, he may direct the department to conduct or correct the remedial investigation. |
| (b) |
The executive director may recover the costs incurred in conducting a remedial investigation from responsible parties according to the standards contained in Section 19-6-316. |
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Renumbered and Amended by Chapter 112, 1991 General Session
