(1)  If the executive director determines the applicant has not successfully completed a voluntary cleanup in accordance with an agreement entered into under this chapter, the executive director shall:

Terms Used In Utah Code 19-8-112

  • Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means the person:
(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
  • Completion: means , regarding property covered by an agreement:
    (a) no further response actions are necessary; or
    (b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
  • Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  notify the applicant and the current owner of the property that is the subject of the agreement of the denial of a certificate of completion; and

    (b)  provide to the applicant a list in writing of the reasons for the denial.

    • (2)  The applicant may appeal the determination of the executive director as provided in Title 63G, Chapter 4, Administrative Procedures Act.

    Amended by Chapter 382, 2008 General Session

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