Emergency provisions.

1. Law
2. Utah Code
3. Environmental Quality Code
4. Hazardous Substances
5. Hazardous Substances Mitigation Act
6. Emergency provisions.

Affected by 63I-1-219 on 7/1/2030

19-6-309. Emergency provisions.

• (1)
  • (a) If the executive director has reason to believe any hazardous materials release that occurred after March 18, 1985, is presenting a direct and immediate threat to public health or the environment, the executive director may:
    • (i) issue an order requiring the owner or operator of the facility to take abatement action within the time specified in the order; or
    • (ii) bring suit on behalf of the state in the district court to require the owner or operator to take immediate abatement action.
  • (b) If the executive director determines the owner or operator cannot be located or is unwilling or unable to take abatement action, the executive director may:
    • (i) reach an agreement with one or more potentially responsible parties to take abatement action; or
    • (ii) use fund money to investigate the release and take abatement action.

• (2) The executive director may use money from the fund created in Section 19-6-307:
  • (a) for abatement action even if an adjudicative proceeding or judicial review challenging an order or a decision to take abatement action is pending; and
  • (b) to investigate a suspected hazardous materials release if he has reason to believe the release may present a direct and immediate threat to public health.

• (3) This section takes precedence over any conflicting provision in this part.

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