19-6-320 - Remedial action completion procedures -- Legal remedies. - Utah Statutes

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Statutes > Utah > Title-19 > Chapter-06 > 19-6-320

19-6-320. Remedial action completion procedures -- Legal remedies.
(1) A party who has entered an agreement or who has been issued a final order under theauthority of Sections 19-6-317 through this section shall send notice to the executive directorwhen the remedial action for the facility is completed.
(2) Upon notice that remedial action at a facility is complete, the executive director shallinspect the facility to determine if the remedial action plan as implemented meets the substantiverequirements of CERCLA.
(3) If the executive director determines that the remedial action plan as implementedmeets 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 actiondeclaring that remedial action at the facility is complete and removing the facility from thehazardous substances priority list.
(4) (a) If the executive director determines that the remedial action plan for a nationalpriority list site, as implemented, does not meet the substantive requirements of CERCLA, hemay issue an order directing the responsible parties to take additional actions to implement theremedial action plan.
(b) If the responsible parties refuse to comply with the order the executive director maytake enforcement action.
(5) (a) If the executive director determines that the remedial action plan for a proposednational priority list site or a scored site has not been properly and completely implementedaccording to the agreement between the executive director and the responsible parties, or is notconsistent with the substantive requirements of CERCLA, he shall request that the responsibleparties take additional actions to fulfill the agreement to implement the remedial action plan.
(b) If the responsible parties refuse to comply with the request, the executive directormay take action to enforce the agreement.

Amended by Chapter 275, 2001 General Session

State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-320

19-6-320. Remedial action completion procedures -- Legal remedies.
(1) A party who has entered an agreement or who has been issued a final order under theauthority of Sections 19-6-317 through this section shall send notice to the executive directorwhen the remedial action for the facility is completed.
(2) Upon notice that remedial action at a facility is complete, the executive director shallinspect the facility to determine if the remedial action plan as implemented meets the substantiverequirements of CERCLA.
(3) If the executive director determines that the remedial action plan as implementedmeets 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 actiondeclaring that remedial action at the facility is complete and removing the facility from thehazardous substances priority list.
(4) (a) If the executive director determines that the remedial action plan for a nationalpriority list site, as implemented, does not meet the substantive requirements of CERCLA, hemay issue an order directing the responsible parties to take additional actions to implement theremedial action plan.
(b) If the responsible parties refuse to comply with the order the executive director maytake enforcement action.
(5) (a) If the executive director determines that the remedial action plan for a proposednational priority list site or a scored site has not been properly and completely implementedaccording to the agreement between the executive director and the responsible parties, or is notconsistent with the substantive requirements of CERCLA, he shall request that the responsibleparties take additional actions to fulfill the agreement to implement the remedial action plan.
(b) If the responsible parties refuse to comply with the request, the executive directormay take action to enforce the agreement.

Amended by Chapter 275, 2001 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-19 > Chapter-06 > 19-6-320

19-6-320. Remedial action completion procedures -- Legal remedies.
(1) A party who has entered an agreement or who has been issued a final order under theauthority of Sections 19-6-317 through this section shall send notice to the executive directorwhen the remedial action for the facility is completed.
(2) Upon notice that remedial action at a facility is complete, the executive director shallinspect the facility to determine if the remedial action plan as implemented meets the substantiverequirements of CERCLA.
(3) If the executive director determines that the remedial action plan as implementedmeets 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 actiondeclaring that remedial action at the facility is complete and removing the facility from thehazardous substances priority list.
(4) (a) If the executive director determines that the remedial action plan for a nationalpriority list site, as implemented, does not meet the substantive requirements of CERCLA, hemay issue an order directing the responsible parties to take additional actions to implement theremedial action plan.
(b) If the responsible parties refuse to comply with the order the executive director maytake enforcement action.
(5) (a) If the executive director determines that the remedial action plan for a proposednational priority list site or a scored site has not been properly and completely implementedaccording to the agreement between the executive director and the responsible parties, or is notconsistent with the substantive requirements of CERCLA, he shall request that the responsibleparties take additional actions to fulfill the agreement to implement the remedial action plan.
(b) If the responsible parties refuse to comply with the request, the executive directormay take action to enforce the agreement.

Amended by Chapter 275, 2001 General Session