Skip to main content
Find a Lawyer

Utah Code Title 19. Environmental Quality Code § 19-6-108.3. Director to issue written assurances, make determinations, and partition operation plans--Board to make rules

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) Based upon risk to human health or the environment from potential exposure to hazardous waste, the director may:

(a) even if corrective action is incomplete, issue an enforceable written assurance to a person acquiring an interest in real property covered by an operation plan that the person to whom the assurance is issued:

(i) is not a permittee under the operation plan;  and

(ii) will not be subject to an enforcement action under this part for contamination that exists or for violations under this part that occurred before the person acquired the interest in the real property covered by the operation plan;

(b) determine that corrective action to the real property covered by the operation plan is:

(i) complete;

(ii) incomplete;

(iii) unnecessary with an environmental covenant;  or

(iv) unnecessary without an environmental covenant;  and

(c) partition from an operation plan a portion of real property subject to the operation plan after determining that corrective action for that portion of real property is:

(i) complete;

(ii) unnecessary with an environmental covenant;  or

(iii) unnecessary without an environmental covenant.

(2) If the director determines that an environmental covenant is necessary under Subsection (1)(b) or (c), the director shall require that the real property be subject to an environmental covenant according to Title 57, Chapter 25, Uniform Environmental Covenants Act.

(3) An assurance issued under Subsection (1) protects the person to whom the assurance is issued from any cost recovery and contribution action under state law.

(4) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may adopt rules to administer this section.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Utah Code Title 19. Environmental Quality Code § 19-6-108.3. Director to issue written assurances, make determinations, and partition operation plans--Board to make rules - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-19-environmental-quality-code/ut-code-sect-19-6-108-3/

Read this complete Utah Code Title 19. Environmental Quality Code § 19-6-108.3. Director to issue written assurances, make determinations, and partition operation plans--Board to make rules on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Utah Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

    More Options
    Copied to clipboard