Utah Code 19-8-116. Reservation of applicant’s and department’s causes of action
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(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 agreement, for any liability it may have arising out of or relating in any way to the generation, storage, treatment, handling, transportation, release, or disposal of any contaminants, including transportation to or from the site covered by the agreement.
Terms Used In Utah Code 19-8-116
- Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
- Applicant: means the person:(3)(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or(3)(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
- Department: means the Department of Environmental Quality. See Utah Code 19-1-103
- 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
(2) Subject to Section 19-8-119, this chapter does not affect the applicant’s right to seek contribution, indemnity, or any other available remedy against any party other than the department who is responsible or liable for contribution, indemnity, or otherwise for any amounts which have been or will be expended by the applicant in connection with the site.