Cleanup action: means action taken according to the procedures established in this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous material from a facility. 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
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
Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
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
(a)
Under this part, and subject to Subsection (1)(b), the executive director may enter into a voluntary agreement with a responsible party providing for the responsible party to conduct an investigation or a cleanup action on sites that contain hazardous materials.
(b)
The executive director and a responsible party may not enter into a voluntary agreement under this part unless all known potentially responsible parties:
(i)
have been notified by either the executive director or the responsible party of the proposed agreement; and
(ii)
have been given an opportunity to comment on the proposed agreement prior to the parties’ entering into the agreement.
(2)
(a)
The executive director may receive funds from any responsible party that signs a voluntary agreement allowing the executive director to:
(i)
review any proposals outlining how the investigation or cleanup action is to be performed; and
(ii)
oversee the investigation or cleanup action.
(b)
Funds received by the executive director under this section shall be deposited in the fund and used by the executive director as provided in the voluntary agreement.
(3)
If a responsible party fails to perform as required under a voluntary agreement entered into under this part, the executive director may take action and seek penalties to enforce the agreement as provided in the agreement.
(4)
The executive director may not use the provisions of Section 19-6-310, 19-6-316, or 19-6-318 to recover costs received or expended pursuant to a voluntary agreement from any person not a party to that agreement.
(5)
(a)
Any party who incurs costs under a voluntary agreement in excess of his liability may seek contribution from any other party who is or may be liable under this part for the excess costs in district court.
(b)
In resolving claims made under Subsection (5)(a), the court shall allocate costs using the standards in Subsection 19-6-310(2).
(6)
This section takes precedence over conflicting provisions in this chapter regarding agreements with responsible parties to conduct an investigation or cleanup action.
