Title 19, Title 19: Environmental Quality Code

19-8-106. Rejection of application -- Notice to applicant -- Resubmission procedure. (1) The executive director may in his sole discretion reject an application prior to accepting the application fee, and return the application fee to the applicant if: the executive director has …

19-8-107. Participation application -- Procedure. (1) To participate in the voluntary cleanup program an applicant shall: submit to the department an application and application fee under Subsection; and (2) pay to the department all costs of the department's oversight of the vol…

19-8-108. Voluntary agreement -- Procedure and establishment. (1) Before the executive director may evaluate any detailed plan or report regarding the remediation goals and proposed methods of remediation, the applicant and the executive director shall have entered into a volunta…

19-8-109. Termination of agreement -- Cost recovery. (1) An agreement established under this chapter may be terminated by the executive director or the applicant by giving 15 days prior notice, in writing, to the other party. (2) Only those costs incurred or obligated by the exec…

19-8-110. Voluntary cleanup work plans and reports. (1) After the applicant and the executive director have signed the voluntary cleanup agreement, the applicant shall prepare and submit the appropriate work plans and reports to the executive director as provided in the agreement…

19-8-111. Certificate of completion. (1) If the executive director determines that an applicant has completed a voluntary cleanup in accordance with the agreement entered into under this chapter, the executive director shall within 30 days after the determination issue to the app…

19-8-112. Denial of certificate of completion -- Appeal. (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: notify the applicant a…

19-8-113. Applicant's release from liability. (1) An applicant who is not responsible for the contaminant or contamination under the provisions listed in Subsectionat the time the applicant applies to enter into a voluntary cleanup agreement under this chapter is released by issu…

19-8-114. Additional permits not required. (1) Response action conducted as part of a voluntary cleanup agreement under this chapter does not require a state or local environmental permit, except as required by a program delegated to the state by the federal government under this…

19-8-115. Rules -- Public notice -- Participation. The department shall make rules as necessary to administer this chapter. The rules shall include provisions for public participation by, and notice to, affected property owners regarding voluntary cleanup decisions.

19-8-116. Reservation of applicant's and department's causes of action. (1) This chapter does not release, discharge, or in any way affect any claims, causes of action, or demands in law or equity the applicant or the department may have against any person not a party to the agre…

19-8-117. Program report and budget allocations -- Fee schedule. (1) For applications submitted on or after May 5, 1997 through June 30, 1998, the application fee under this chapter is $2,000. Regarding applications submitted on and after July 1, 1998, the executive director shal…

19-8-118. Cleanups conducted prior to May 5, 1997. (1) A person who has completed a response action prior to May 5, 1997, at a site that would have been eligible for participation in the program under this chapter, may submit an application to the executive director under Section…

19-8-119. Apportionment or contribution. (1) Any party who incurs costs under a voluntary agreement entered into under this part in excess of the party's liability may seek contribution in an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administrati…

19-8-120. Creation of Brownfields Fund -- Purposes -- Loan and grant eligibility -- Loan restrictions -- Rulemaking. (1) As used in this section, "brownfield" has the same meaning as in 42 U.S.C. Sec. 9601(39). (2) There is created an enterprise fund known as the Brownfields Fund…