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
National Contingency Plan: means the National Oil and Hazardous Substance Contingency plan established by CERCLA. See Utah Code 19-6-302
National Priority List: means the list established by CERCLA. 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 action plan: means a plan for remedial action consistent with the substantive requirements of CERCLA and approved by the executive director. 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
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)
review the report;
(b)
provide a period for public comment;
(c)
issue an order defining a remedial action plan consistent with CERCLA for the facility; and
(d)
follow the procedures established by the National Contingency Plan to avoid inconsistent state and federal action.
(2)
(a)
To implement the remedial action plan, the executive director shall seek to reach an agreement with all responsible parties to perform the remedial action.
(b)
The executive director may define in the agreement the remedial action required and the time limits for completion of the remedial action.
(c)
If the 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.
(3)
(a)
If the executive director is unable to reach an agreement with one or more responsible parties to perform remedial action, he may order all responsible parties to perform the remedial action.
(b)
The executive director may define in the order the remedial action required and the time limits for completion of the remedial action.
Renumbered and Amended by Chapter 112, 1991 General Session
