Remedial investigation report -- Remedial action plan implementation -- Legal remedies.

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  6. Remedial investigation report -- Remedial action plan implementation -- Legal remedies.

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

19-6-317. Remedial investigation report -- Remedial action plan implementation -- Legal remedies.
  • (1) Upon receipt of a remedial investigation report for a national priority list site, the executive director shall:
    • (a) review the report;
    • (b) provide a period for public comment;
    • (c) issue an order defining a remedial action plan consistent with CERCLA for the facility; and
    • (d) follow the procedures established by the National Contingency Plan to avoid inconsistent state and federal action.
  • (2)
    • (a) To implement the remedial action plan, the executive director shall seek to reach an agreement with all responsible parties to perform the remedial action.
    • (b) The executive director may define in the agreement the remedial action required and the time limits for completion of the remedial action.
    • (c) If the responsible parties fail to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement.
  • (3)
    • (a) If the executive director is unable to reach an agreement with one or more responsible parties to perform remedial action, he may order all responsible parties to perform the remedial action.
    • (b) The executive director may define in the order the remedial action required and the time limits for completion of the remedial action.




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