Voluntary agreements -- Parties -- Funds -- Enforcement.

  1. Law
  2. Utah Code
  3. Environmental Quality Code
  4. Hazardous Substances
  5. Hazardous Substances Mitigation Act
  6. Voluntary agreements -- Parties -- Funds -- Enforcement.

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

19-6-325. Voluntary agreements -- Parties -- Funds -- Enforcement.
  • (1)
    • (a) Under this part, and subject to Subsection (1)(b), the executive director may enter into a voluntary agreement with a responsible party providing for the responsible party to conduct an investigation or a cleanup action on sites that contain hazardous materials.
    • (b) The executive director and a responsible party may not enter into a voluntary agreement under this part unless all known potentially responsible parties:
      • (i) have been notified by either the executive director or the responsible party of the proposed agreement; and
      • (ii) have been given an opportunity to comment on the proposed agreement prior to the parties' entering into the agreement.
  • (2)
    • (a) The executive director may receive funds from any responsible party that signs a voluntary agreement allowing the executive director to:
      • (i) review any proposals outlining how the investigation or cleanup action is to be performed; and
      • (ii) oversee the investigation or cleanup action.
    • (b) Funds received by the executive director under this section shall be deposited in the fund and used by the executive director as provided in the voluntary agreement.
  • (3) If a responsible party fails to perform as required under a voluntary agreement entered into under this part, the executive director may take action and seek penalties to enforce the agreement as provided in the agreement.
  • (4) The executive director may not use the provisions of Section 19-6-310, 19-6-316, or 19-6-318 to recover costs received or expended pursuant to a voluntary agreement from any person not a party to that agreement.
  • (5)
    • (a) Any party who incurs costs under a voluntary agreement in excess of his liability may seek contribution from any other party who is or may be liable under this part for the excess costs in district court.
    • (b) In resolving claims made under Subsection (5)(a), the court shall allocate costs using the standards in Subsection 19-6-310(2).
  • (6) This section takes precedence over conflicting provisions in this chapter regarding agreements with responsible parties to conduct an investigation or cleanup action.




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