State Codes and Statutes
Statutes > Utah > Title-19 > Chapter-06 > 19-6-31619-6-316. Liability for costs of remedial investigations -- Liability agreements.
(1) The executive director may recover only a proportionate share of costs of anyremedial investigation performed under Sections 19-6-314 and 19-6-315 from each responsibleparty, as provided in this section.
(2) (a) In apportioning responsibility for the remedial investigation, or liability for thecosts of the remedial investigation, in any administrative proceeding or judicial action, thefollowing standards apply:
(i) liability shall be apportioned in proportion to each responsible party's respectivecontribution to the release;
(ii) the apportionment of liability shall be based on equitable factors, including thequantity, mobility, persistence, and toxicity of hazardous substances contributed by a responsibleparty, and the comparative behavior of a responsible party in contributing to the release, relativeto other responsible parties.
(b) Liability may not be apportioned against a current or previous owner or operator whoacquired or became the operator of the facility before March 18, 1985, who may otherwise be aresponsible party but who did not know that any hazardous material which is the subject of arelease was on, in, or at the facility prior to acquisition or operation of the facility, and the releaseis not the result of an act or omission of the current or previous owner or operator.
(c) Liability may not be apportioned against a current or previous owner or operator whoacquired or became the operator of the facility on or after March 18, 1985, who may otherwise bea responsible party but who did not know and had no reason to know, after having taken allappropriate inquiry into the previous ownership and uses of the facility, consistent with goodcommercial or customary practice at the time of the purchase, that any hazardous material whichis the subject of a release was on, in, or at the facility prior to acquisition or operation of thefacility, and the release is not the result of an act or omission of the current or previous owner oroperator.
(d) A responsible party who is not exempt under Subsection (2)(b) or (c) may beconsidered to have contributed to the release and may be liable for a proportionate share of costsas provided under this section either by affirmatively causing a release or by failing to take actionto prevent or abate a release which has originated at or from the facility. A person whoseproperty is contaminated by migration from an offsite release is not considered to havecontributed to the release unless the person takes actions which exacerbate the release.
(e) A responsible party who meets the criteria in Subsection (2)(b) or (c) or a person whois not considered to have contributed to a release under Subsection (2)(d) is not considered tohave contributed to a release solely by failing to take abatement or remedial action pursuant to anadministrative order.
(f) (i) The burden of proving proportionate contribution shall be borne by eachresponsible party.
(ii) If a responsible party does not prove his proportionate contribution, the court or theexecutive director shall apportion liability to the party based solely on available evidence and thestandards of Subsection (2)(a).
(iii) The ability of a responsible party to pay is not a factor in the apportionment ofliability.
(g) The court may not impose joint and several liability.
(h) Each responsible party is strictly liable solely for his proportionate share of
investigation costs.
(3) The failure of the executive director to name all responsible parties is not a defense toan action under this section.
(4) (a) Any party who incurs costs under this part in excess of his liability may seekcontribution from any other party who is or may be liable under this part for the excess costs indistrict court.
(b) In resolving claims made under Subsection (4)(a), the court shall allocate costs usingthe standards set forth in Subsection (2).
(5) (a) A party who has resolved his liability in an agreement under Sections 19-6-314through this section is not liable for claims for contribution regarding matters addressed in thesettlement.
(b) (i) An agreement does not discharge any of the liability of responsible parties who arenot parties to the agreement, unless the terms of the agreement provide otherwise.
(ii) An agreement made under this Subsection (5)(b) reduces the potential liability ofother responsible parties by the amount of the agreement.
(6) (a) If the executive director obtains less than complete relief from a party who hasresolved his liability in an agreement under Sections 19-6-314 through this section, the executivedirector may bring an action against any party who has not resolved his liability in an agreement.
(b) In apportioning liability, the standards of Subsection (2) apply.
(c) A party who resolved his liability for some or all of the costs in an agreement underSections 19-6-314 through this section may seek contribution from any person who is not partyto an agreement under Sections 19-6-314 through this section.
(7) (a) An agreement made under Sections 19-6-314 through this section may providethat the executive director will pay for costs of actions that the parties have agreed to perform,but which the executive director has agreed to finance, under the agreement.
(b) If the executive director makes payments from the fund, he may recover the amountpaid using the authority of Sections 19-6-314 through this section or any other applicableauthority.
Amended by Chapter 324, 2010 General Session
