19-6-314 - Remedial investigations of priority list sites -- Parties involved -- Powers of the executive director. - Utah Statutes

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Statutes > Utah > Title-19 > Chapter-06 > 19-6-314

19-6-314. Remedial investigations of priority list sites -- Parties involved -- Powersof the executive director.
(1) All remedial investigations conducted under the authority of this section shall:
(a) meet the substantive requirements of CERCLA;
(b) follow procedures established by the National Contingency Plan to avoid inconsistentstate and federal action; and
(c) include recommendations for remedial action.
(2) (a) After determining that a hazardous substance release is occurring from a nationalpriority list site or proposed national priority list site, and identifying responsible parties underSection 19-6-312, the executive director shall make reasonable efforts to reach an agreementwith the identified responsible parties to conduct a remedial investigation.
(b) The executive director may define in the agreement the scope of the remedialinvestigation, the form of the report, and the time limits for completion of the investigation.
(c) If any responsible party fails to perform as required under an agreement entered underthe authority of this section, the executive director may take action to enforce the agreement.
(3) (a) If the executive director is unable to reach an agreement with one or moreresponsible parties to perform a remedial investigation, the executive director may issue an orderdirecting one or more responsible parties to perform the remedial investigation.
(b) The executive director may define in the order the scope of the remedial investigation,the form of the report, and the time limits for completion of the remedial investigation.
(4) (a) If the executive director is unable to obtain an agreement with one or moreresponsible parties to perform a remedial investigation, chooses not to order any responsible partyto perform the remedial investigation, or determines that the remedial investigation performed bya responsible party does not meet the substantive requirements of CERCLA, he may direct thedepartment to conduct or correct the remedial investigation.
(b) The executive director may recover the costs incurred in conducting a remedialinvestigation from responsible parties according to the standards contained in Section 19-6-316.

Renumbered and Amended by Chapter 112, 1991 General Session

State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-314

19-6-314. Remedial investigations of priority list sites -- Parties involved -- Powersof the executive director.
(1) All remedial investigations conducted under the authority of this section shall:
(a) meet the substantive requirements of CERCLA;
(b) follow procedures established by the National Contingency Plan to avoid inconsistentstate and federal action; and
(c) include recommendations for remedial action.
(2) (a) After determining that a hazardous substance release is occurring from a nationalpriority list site or proposed national priority list site, and identifying responsible parties underSection 19-6-312, the executive director shall make reasonable efforts to reach an agreementwith the identified responsible parties to conduct a remedial investigation.
(b) The executive director may define in the agreement the scope of the remedialinvestigation, the form of the report, and the time limits for completion of the investigation.
(c) If any responsible party fails to perform as required under an agreement entered underthe authority of this section, the executive director may take action to enforce the agreement.
(3) (a) If the executive director is unable to reach an agreement with one or moreresponsible parties to perform a remedial investigation, the executive director may issue an orderdirecting one or more responsible parties to perform the remedial investigation.
(b) The executive director may define in the order the scope of the remedial investigation,the form of the report, and the time limits for completion of the remedial investigation.
(4) (a) If the executive director is unable to obtain an agreement with one or moreresponsible parties to perform a remedial investigation, chooses not to order any responsible partyto perform the remedial investigation, or determines that the remedial investigation performed bya responsible party does not meet the substantive requirements of CERCLA, he may direct thedepartment to conduct or correct the remedial investigation.
(b) The executive director may recover the costs incurred in conducting a remedialinvestigation from responsible parties according to the standards contained in Section 19-6-316.

Renumbered and Amended by Chapter 112, 1991 General Session

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State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-314

19-6-314. Remedial investigations of priority list sites -- Parties involved -- Powersof the executive director.
(1) All remedial investigations conducted under the authority of this section shall:
(a) meet the substantive requirements of CERCLA;
(b) follow procedures established by the National Contingency Plan to avoid inconsistentstate and federal action; and
(c) include recommendations for remedial action.
(2) (a) After determining that a hazardous substance release is occurring from a nationalpriority list site or proposed national priority list site, and identifying responsible parties underSection 19-6-312, the executive director shall make reasonable efforts to reach an agreementwith the identified responsible parties to conduct a remedial investigation.
(b) The executive director may define in the agreement the scope of the remedialinvestigation, the form of the report, and the time limits for completion of the investigation.
(c) If any responsible party fails to perform as required under an agreement entered underthe authority of this section, the executive director may take action to enforce the agreement.
(3) (a) If the executive director is unable to reach an agreement with one or moreresponsible parties to perform a remedial investigation, the executive director may issue an orderdirecting one or more responsible parties to perform the remedial investigation.
(b) The executive director may define in the order the scope of the remedial investigation,the form of the report, and the time limits for completion of the remedial investigation.
(4) (a) If the executive director is unable to obtain an agreement with one or moreresponsible parties to perform a remedial investigation, chooses not to order any responsible partyto perform the remedial investigation, or determines that the remedial investigation performed bya responsible party does not meet the substantive requirements of CERCLA, he may direct thedepartment to conduct or correct the remedial investigation.
(b) The executive director may recover the costs incurred in conducting a remedialinvestigation from responsible parties according to the standards contained in Section 19-6-316.

Renumbered and Amended by Chapter 112, 1991 General Session