Utah Code 19-6-320. Remedial action completion procedures — Legal remedies
Current as of: 2024 | Check for updates
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(1) A party who has entered an agreement or who has been issued a final order under the authority of Sections 19-6-317 through this section shall send notice to the executive director when the remedial action for the facility is completed.
Terms Used In Utah Code 19-6-320
- CERCLA: means Utah Code 19-6-302
- Enforcement action: means the procedures contained in Section 19-6-306 to enforce orders, rules, and agreements authorized by this part. 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
- Facility: means :(7)(a)(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(7)(a)(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
- Hazardous substances: means the definition of hazardous substances contained in CERCLA. See Utah Code 19-6-302
- National Priority List: means the list established by CERCLA. See Utah Code 19-6-302
- National priority list site: means a site in Utah that is listed on the National Priority List. 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
- 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
(2) Upon notice that remedial action at a facility is complete, the executive director shall inspect the facility to determine if the remedial action plan as implemented meets the substantive requirements of CERCLA.(3) If the executive director determines that the remedial action plan as implemented meets the substantive requirements of CERCLA, except for any ongoing activities at the facility, including operation, maintenance, or monitoring, he shall issue a notice of agency action declaring that remedial action at the facility is complete and removing the facility from the hazardous substances priority list.(4)(4)(a) If the executive director determines that the remedial action plan for a national priority list site, as implemented, does not meet the substantive requirements of CERCLA, he may issue an order directing the responsible parties to take additional actions to implement the remedial action plan.(4)(b) If the responsible parties refuse to comply with the order the executive director may take enforcement action.(5)(5)(a) If the executive director determines that the remedial action plan for a proposed national priority list site or a scored site has not been properly and completely implemented according to the agreement between the executive director and the responsible parties, or is not consistent with the substantive requirements of CERCLA, he shall request that the responsible parties take additional actions to fulfill the agreement to implement the remedial action plan.(5)(b) If the responsible parties refuse to comply with the request, the executive director may take action to enforce the agreement.