§ 23-19.14-8 Voluntary investigations andremedial actions. – (a) A person who is not otherwise defined as a responsible party under §23-19.14-6 and/or § 23-19.14-6.1 will not become a responsible party ifthat person voluntarily undertakes and completes response actions under aremedial action plan approved by the department of environmental management.Nothing in this section shall be construed to relieve a person from liabilityfor failure to complete a remedial response action or failure to exercise duecare in performing remedial response actions.
(b) A person who is not otherwise defined as a responsibleparty under § 23-19.14-6 and/or § 23-19.14-6.1 will not becomeassociated with a release or threat of release as a result of their performinginvestigations of the presence, nature, and extent of hazardous materialsand/or petroleum at any site; provided, however, that the investigations do notaggravate or contribute to a release at the site, and that the persons providethe results of those investigations to the department of environmentalmanagement.
(c) A person who is defined as a responsible party under§ 23-19.14-6 and/or § 23-19.14-6.1 may defer their clean-upobligations for up to three (3) years if they conduct, or allow another partyto conduct, an investigation of the site to determine the presence, nature, andextent of hazardous materials and/or petroleum; provided, however, that:
(1) The site has not been subject to previous notification tothe department for a release of hazardous materials or petroleum which has notbeen addressed in accordance with the requirements of the department;
(2) Any contamination found that presents an imminent threatto human health, public safety or the environment, as determined by thedepartment, shall be remediated in a timely and effective manner; and
(3) Any contamination, which requires removal or remediationpursuant to the applicable requirements of the department, found that ismigrating off-site, or presents a threat to migrate off-site within one year asdetermined by the department, shall be mitigated in a timely manner thateffectively prevents off-site migration of contaminants.
A responsible party may only defer clean-up obligations whenat the discretion of the director, the delay will not aggravate or contributeto a release at the site and the results of those investigations are submittedto the department of environmental management in a timely manner.
(d) After meeting all notification and investigationrequirements set by the department in regulation, a person who is defined as aresponsible party under §§ 23-19.14-6 and/or 23-19.14-6.1 will haveresolved their liability for contamination identified through suchinvestigation after either:
(1) Receiving a remedial decision letter and remainingactively engaged in implementing the remedial action approved therein;provided, that the remedial action is being diligently pursued to completion inaccordance with approved work schedule; or
(2) Receiving a letter of compliance confirming successfulcompletion of a remedial action approved by the department; or
(3) Entering into an enforceable settlement agreement under§ 23-19.14-10.
§ 23-19.14-8 Voluntary investigations andremedial actions. – (a) A person who is not otherwise defined as a responsible party under §23-19.14-6 and/or § 23-19.14-6.1 will not become a responsible party ifthat person voluntarily undertakes and completes response actions under aremedial action plan approved by the department of environmental management.Nothing in this section shall be construed to relieve a person from liabilityfor failure to complete a remedial response action or failure to exercise duecare in performing remedial response actions.
(b) A person who is not otherwise defined as a responsibleparty under § 23-19.14-6 and/or § 23-19.14-6.1 will not becomeassociated with a release or threat of release as a result of their performinginvestigations of the presence, nature, and extent of hazardous materialsand/or petroleum at any site; provided, however, that the investigations do notaggravate or contribute to a release at the site, and that the persons providethe results of those investigations to the department of environmentalmanagement.
(c) A person who is defined as a responsible party under§ 23-19.14-6 and/or § 23-19.14-6.1 may defer their clean-upobligations for up to three (3) years if they conduct, or allow another partyto conduct, an investigation of the site to determine the presence, nature, andextent of hazardous materials and/or petroleum; provided, however, that:
(1) The site has not been subject to previous notification tothe department for a release of hazardous materials or petroleum which has notbeen addressed in accordance with the requirements of the department;
(2) Any contamination found that presents an imminent threatto human health, public safety or the environment, as determined by thedepartment, shall be remediated in a timely and effective manner; and
(3) Any contamination, which requires removal or remediationpursuant to the applicable requirements of the department, found that ismigrating off-site, or presents a threat to migrate off-site within one year asdetermined by the department, shall be mitigated in a timely manner thateffectively prevents off-site migration of contaminants.
A responsible party may only defer clean-up obligations whenat the discretion of the director, the delay will not aggravate or contributeto a release at the site and the results of those investigations are submittedto the department of environmental management in a timely manner.
(d) After meeting all notification and investigationrequirements set by the department in regulation, a person who is defined as aresponsible party under §§ 23-19.14-6 and/or 23-19.14-6.1 will haveresolved their liability for contamination identified through suchinvestigation after either:
(1) Receiving a remedial decision letter and remainingactively engaged in implementing the remedial action approved therein;provided, that the remedial action is being diligently pursued to completion inaccordance with approved work schedule; or
(2) Receiving a letter of compliance confirming successfulcompletion of a remedial action approved by the department; or
(3) Entering into an enforceable settlement agreement under§ 23-19.14-10.
§ 23-19.14-8 Voluntary investigations andremedial actions. – (a) A person who is not otherwise defined as a responsible party under §23-19.14-6 and/or § 23-19.14-6.1 will not become a responsible party ifthat person voluntarily undertakes and completes response actions under aremedial action plan approved by the department of environmental management.Nothing in this section shall be construed to relieve a person from liabilityfor failure to complete a remedial response action or failure to exercise duecare in performing remedial response actions.
(b) A person who is not otherwise defined as a responsibleparty under § 23-19.14-6 and/or § 23-19.14-6.1 will not becomeassociated with a release or threat of release as a result of their performinginvestigations of the presence, nature, and extent of hazardous materialsand/or petroleum at any site; provided, however, that the investigations do notaggravate or contribute to a release at the site, and that the persons providethe results of those investigations to the department of environmentalmanagement.
(c) A person who is defined as a responsible party under§ 23-19.14-6 and/or § 23-19.14-6.1 may defer their clean-upobligations for up to three (3) years if they conduct, or allow another partyto conduct, an investigation of the site to determine the presence, nature, andextent of hazardous materials and/or petroleum; provided, however, that:
(1) The site has not been subject to previous notification tothe department for a release of hazardous materials or petroleum which has notbeen addressed in accordance with the requirements of the department;
(2) Any contamination found that presents an imminent threatto human health, public safety or the environment, as determined by thedepartment, shall be remediated in a timely and effective manner; and
(3) Any contamination, which requires removal or remediationpursuant to the applicable requirements of the department, found that ismigrating off-site, or presents a threat to migrate off-site within one year asdetermined by the department, shall be mitigated in a timely manner thateffectively prevents off-site migration of contaminants.
A responsible party may only defer clean-up obligations whenat the discretion of the director, the delay will not aggravate or contributeto a release at the site and the results of those investigations are submittedto the department of environmental management in a timely manner.
(d) After meeting all notification and investigationrequirements set by the department in regulation, a person who is defined as aresponsible party under §§ 23-19.14-6 and/or 23-19.14-6.1 will haveresolved their liability for contamination identified through suchinvestigation after either:
(1) Receiving a remedial decision letter and remainingactively engaged in implementing the remedial action approved therein;provided, that the remedial action is being diligently pursued to completion inaccordance with approved work schedule; or
(2) Receiving a letter of compliance confirming successfulcompletion of a remedial action approved by the department; or
(3) Entering into an enforceable settlement agreement under§ 23-19.14-10.
