State Codes and Statutes
Statutes > Utah > Title-19 > Chapter-06 > 19-6-424-519-6-424.5. Apportionment of liability -- Liability agreements -- Legal remedies --Amounts recovered.
(1) After providing notice and opportunity for comment to responsible parties identifiedand named under Section 19-6-420, the executive secretary may:
(a) issue written orders determining responsible parties;
(b) issue written orders apportioning liability among responsible parties; and
(c) take action, including legal action or issuing written orders, to recover costs fromresponsible parties, including costs of any investigation, abatement, and corrective actionperformed under this part.
(2) (a) In any apportionment of liability, whether made by the executive secretary ormade in any administrative proceeding or judicial action, the following standards apply:
(i) liability shall be apportioned among responsible parties in proportion to theirrespective contributions to the release; and
(ii) the apportionment of liability shall be based on equitable factors, including thequantity, mobility, persistence, and toxicity of regulated substances contributed by a responsibleparty, and the comparative behavior of a responsible party in contributing to the release, relativeto other responsible parties.
(b) (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, theboard, or the executive secretary shall apportion liability to the party based on available evidenceand the standards of Subsection (2)(a).
(c) The court, the board, or the executive secretary may not impose joint and severalliability.
(d) Each responsible party is strictly liable for his share of costs.
(3) The failure of the executive secretary to name all responsible parties is not a defenseto an action under this section.
(4) The executive secretary may enter into an agreement with any responsible partyregarding that party's proportionate share of liability or any action to be taken by that party.
(5) The executive secretary and a responsible party may not enter into an agreementunder this part unless all responsible parties named and identified under Subsection19-6-420(1)(a):
(a) have been notified in writing by either the executive secretary or the responsible partyof the proposed agreement; and
(b) have been given an opportunity to comment on the proposed agreement prior to theparties' entering into the agreement.
(6) (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 inthe district court.
(b) In resolving claims made under Subsection (6)(a), the court shall allocate costs usingthe standards in Subsection (2).
(7) (a) A party who has resolved his liability under this part is not liable for claims forcontribution regarding matters addressed in the agreement or order.
(b) (i) An agreement or order determining liability under this part does not discharge anyof the liability of responsible parties who are not parties to the agreement or order, unless the
terms of the agreement or order expressly provide otherwise.
(ii) An agreement or order determining liability made under this subsection reduces thepotential liability of other responsible parties by the amount of the agreement or order.
(8) (a) If the executive secretary obtains less than complete relief from a party who hasresolved his liability under this section, the executive secretary may bring an action against anyparty who has not resolved his liability as determined in an order.
(b) In apportioning liability, the standards of Subsection (2) apply.
(c) A party who resolved his liability for some or all of the costs under this part may seekcontribution from any person who is not a party to the agreement or order.
(9) (a) An agreement or order determining liability under this part may provide that theexecutive secretary will pay for costs of actions that the parties have agreed to perform, but whichthe executive secretary has agreed to finance, under the terms of the agreement or order.
(b) If the executive secretary makes payments from the fund or state cleanupappropriation, he may recover the amount paid using the authority of Section 19-6-420 and thissection or any other applicable authority.
(c) Any amounts recovered under this section shall be deposited in the Petroleum StorageTank Cleanup Fund created under Section 19-6-405.7.
Amended by Chapter 255, 1998 General Session
