reglab/housing_qa huggingface dataset:
UT Code § 19-7-105 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 7 - Environmental Self-Evaluation Act|Section 105 - Privilege in administrative proceeding.

19-7-105. Privilege in administrative proceeding.  An environmental audit report is privileged in accordance with and to the extent provided by Utah Rules of Evidence, Rule 508, Environmental Self-Evaluation Privilege, in any administrative proceeding.  Enacted by Chapter 304, 1995 General Session
UT Code § 19-7-106 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 7 - Environmental Self-Evaluation Act|Section 106 - In camera review -- Burden of proof.

19-7-106. In camera review -- Burden of proof.    (1) The person seeking disclosure of an environmental audit report shall request an in camera review of the audit report by a court of record.     (2)   (a) If a court of record determines through in camera review that all or part of an environmental audit report is not privileged, the court shall order the disclosure of the nonprivileged portions of the environmental audit report.     (b) The privileged portions of the environmental audit report may not be disclosed.       (3) The person asserting the environmental self-evaluation privilege has the burden of establishing a prima facie case of privilege.     (4) The person seeking disclosure of an environmental audit report has the burden of proving that the environmental audit report is not privileged or excepted pursuant to the Utah Rules of Evidence, Rule 508.    Enacted by Chapter 304, 1995 General Session
UT Code § 19-7-107 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 7 - Environmental Self-Evaluation Act|Section 107 - Privileged communications.

19-7-107. Privileged communications.    (1) A person or an officer or employee of that person who performs an environmental self-evaluation, as defined by Section 19-7-103, or assists in the preparation of an environmental audit report, as defined by Section 19-7-103, or a consultant hired for the purpose of performing an environmental self-evaluation or audit report cannot be examined without the consent of the person for which the environmental self-evaluation is conducted unless ordered to testify by a court.     (2) Subsection (1) does not apply if the environmental self-evaluation or audit report is subject to discovery or is admissible under Utah Rules of Evidence, Rule 508.    Enacted by Chapter 304, 1995 General Session
UT Code § 19-7-108 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 7 - Environmental Self-Evaluation Act|Section 108 - Scope of chapter.

19-7-108. Scope of chapter.  This chapter shall apply to all administrative and judicial proceedings commenced on or after March 21, 1995.  Enacted by Chapter 304, 1995 General Session
UT Code § 19-7-109 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 7 - Environmental Self-Evaluation Act|Section 109 - Incentives for voluntary disclosure and compliance -- Waiver of civil penalties.

19-7-109. Incentives for voluntary disclosure and compliance -- Waiver of civil penalties.    (1) As used in this section, "regulated entity" means any person, business, or other entity subject to regulation under Title 19, Environmental Quality Code.     (2) The department shall waive civil penalties for an instance of noncompliance with an environmental law or requirement:   (a) that a regulated entity discovered through an environmental self-evaluation;     (b) that a regulated entity voluntarily disclosed to the department in writing within 21 days after the entity's discovery of the violation;     (c) that a regulated entity remedied or corrected within 60 days after discovery of the violation, or within a reasonable amount of time if the violation cannot be remedied within 60 days; and     (d) regarding which the regulated entity submitted to the department a written outline of reasonable steps the regulated entity will take to prevent a recurrence.       (3) The department may not waive penalties under Subsection (2) if:   (a) the instance of noncompliance resulted from a lack of due diligence in complying with environmental laws, taking into account the size and nature of the regulated entity;     (b) the instance of noncompliance is a recurrence of a similarly caused specific violation or a violation of the specific terms of a judicial or administrative consent order or agreement;     (c) the instance of noncompliance resulted from reckless or willful disregard of environmental laws;     (d) the regulated entity conducted the environmental self-evaluation for a fraudulent purpose;     (e) the department had already initiated a compliance investigation at the time of the disclosure and the regulated entity had been advised of or was aware of the investigation;     (f) the instance of noncompliance was discovered pursuant to a legally mandated monitoring, testing, or sampling requirement prescribed by law, rule, permit, order, or consent agreement; or     (g) the instance of noncompliance resulted in serious actual harm or imminent and substantial endangerment to human health or the environment.       (4)   (a) To the extent the instance of noncompliance resulted in an economic benefit or competitive advantage over other similar regulated entities that did achieve compliance, the department may seek a civil penalty to recover the monetary amount of the economic benefit or competitive advantage resulting from the incidence of noncompliance.     (b) Action under this Subsection (4) is not prohibited by Subsection (2).       (5) This section does not limit the department's discretion in reducing penalties for noncompliance with an environmental law which may not fully qualify for waiver under this section, but which the department determines should be appropriately reduced.    Amended by Chapter 181, 2002 General Session
UT Code § 19-8-101 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 101 - Title.

19-8-101. Title.  This chapter is known as the "Voluntary Cleanup Program."  Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-102 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 102 - Definitions.

19-8-102. Definitions.  As used in this chapter:  (1) "Account" means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103.     (2) "Agreement" means a voluntary cleanup agreement under this chapter.     (3) "Applicant" means the person:   (a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or     (b) who enters into a voluntary cleanup agreement made under this chapter with the executive director.       (4) "Completion" means, regarding property covered by an agreement:   (a) no further response actions are necessary; or     (b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement.       (5) "Contaminant" means:   (a) hazardous materials as defined in Section 19-6-302;     (b) hazardous substance as defined in Section 19-6-302;     (c) hazardous waste as defined in Section 19-6-102;     (d) hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D, or Table One, 40 C.F.R. 261.24;     (e) pollution as defined in Section 19-5-102;     (f) regulated substance as defined in Section 19-6-402; and     (g) solid waste as defined in Section 19-6-102.       (6) "Environmental assessment" means the assessment described in Section 19-8-107.     (7) "Executive director" means the executive director of the Utah Department of Environmental Quality or the executive director's representative.     (8) "Program" means the Voluntary Environmental Cleanup Program created under this chapter.     (9) "Response action" means the cleanup or removal of a contaminant from the environment.     (10) "Solid waste" has the same meaning as defined in Section 19-6-102.    Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-103 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 103 - Creation of restricted account -- Purposes.

19-8-103. Creation of restricted account -- Purposes.    (1) There is created within the General Fund the Environmental Voluntary Cleanup restricted account.     (2) The account shall be used to fund department administration and oversight of voluntary cleanups initiated under this chapter.     (3) The account may earn interest, which shall be deposited in the account, to be used for the purposes under this section.    Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-104 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 104 - Program.

19-8-104. Program.    (1) There is created under this chapter and within the Department of Environmental Quality the Voluntary Environmental Cleanup Program.     (2) The program shall be administered by the executive director.     (3) The program shall be funded by application fees and imposed oversight costs as provided in this chapter.    Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-105 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 105 - Eligibility and exceptions -- Grounds for application rejection by executive director.

19-8-105. Eligibility and exceptions -- Grounds for application rejection by executive director.  Subject to Section 19-8-106, any site is eligible for participation in the voluntary cleanup program created under this chapter except:  (1) a treatment, storage, or disposal facility regulated under 42 U.S.C. 6901 et seq.;     (2) that portion of a site that is on the national priorities list; or     (3) that portion of a site for which a state or federal enforcement action is existing or pending against the applicant for remediation of the contaminants described in the application.    Amended by Chapter 200, 2005 General Session
UT Code § 19-8-106 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 106 - Rejection of application -- Notice to applicant -- Resubmission procedure.

19-8-106. Rejection of application -- Notice to applicant -- Resubmission procedure.    (1) The executive director may in his sole discretion reject an application prior to accepting the application fee, and return the application fee to the applicant if:   (a) the executive director has reason to believe that a working relationship with the applicant cannot be achieved; or     (b) the application site is not eligible under Section 19-8-105.       (2)   (a) The executive director may reject an application after processing the application if:   (i) the application is not complete or is not accurate; or     (ii) the applicant has not demonstrated financial capability to perform the voluntary cleanup.       (b) The applicant is not entitled to refund of an application fee for an application rejected under this Subsection (2).       (3) An application rejected under Subsection (1) or (2) shall be promptly returned to the applicant with a letter of explanation.     (4)   (a) If the executive director rejects an application because it is incomplete or inaccurate, the executive director shall, not later than 60 days after receipt of the application, provide to the applicant a list in writing of all information needed to make the application complete or accurate, as appropriate.     (b) The applicant may submit for a second time an application rejected due to inaccuracy or incompleteness without submitting an additional application fee.      Amended by Chapter 360, 2012 General Session
UT Code § 19-8-107 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 107 - Participation application -- Procedure.

19-8-107. Participation application -- Procedure.    (1) To participate in the voluntary cleanup program an applicant shall:   (a) submit to the department an application and application fee under Subsection (2); and     (b) pay to the department all costs of the department's oversight of the voluntary cleanup.       (2) An application submitted under this section shall:   (a) be on a form provided by the executive director;     (b) contain pertinent information regarding the applicant and the applicant's ability to perform the voluntary cleanup, including the applicant's financial capability;     (c) include pertinent information regarding the site, including property ownership, current property use, proposed property use, prior and present contact with regulatory programs that relate to the environmental condition of the property, and response action objectives;     (d) provide any other background information requested by the executive director;     (e) include an environmental assessment of the actual or threatened release of the contaminant at the site addressed by the application;     (f) be accompanied by an application fee as established under Section 19-8-117; and     (g) be submitted according to schedules set by department rules.       (3) The environmental assessment required under Subsection (2) shall include:   (a) a legal description of the site;     (b) a description of the physical characteristics of the site;     (c) the operational history of the site to the extent known by the applicant;     (d) information of which the applicant is aware concerning the nature and extent of any relevant contamination or release at the site and immediately contiguous to the site, and where the contamination is located; and     (e) relevant information of which the applicant is aware concerning the potential for human and environmental exposure to contamination at the site.       (4) If the executive director accepts an application fee, the department shall take action on the application in the order in which it is received, but in all circumstances within 60 days of the receipt of the application by the department.     (5) Fees collected under this section shall be deposited in the General Fund in the Environmental Voluntary Cleanup Account created under Section 19-8-103.    Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-109 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 109 - Termination of agreement -- Cost recovery.

19-8-109. Termination of agreement -- Cost recovery.    (1) An agreement established under this chapter may be terminated by the executive director or the applicant by giving 15 days prior notice, in writing, to the other party.     (2)   (a) Only those costs incurred or obligated by the executive director prior to the date of termination of the agreement are recoverable under an agreement terminated under this section. Any unused amounts already paid by the applicant to the department as of the date of termination, other than the application fee, are refundable to the applicant.     (b) The executive director shall provide to the applicant written and itemized notification of all costs for which the applicant is liable under this Subsection (2) within 90 days after the date the agreement is terminated.       (3) If the applicant does not pay to the executive director the department's costs incurred in the voluntary cleanup within 90 days after the date the applicant receives written notice under Subsection (2)(b), the executive director may request the state attorney general to bring a court action in the name of the state to recover the amount the applicant owes under this section, and reasonable attorney's fees and court costs.     (4) Termination of an agreement under this section does not affect any right of the:   (a) executive director to recover costs under any other law; or     (b) department to take enforcement and other action as allowed by law.      Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-110 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 110 - Voluntary cleanup work plans and reports.

19-8-110. Voluntary cleanup work plans and reports.    (1) After the applicant and the executive director have signed the voluntary cleanup agreement, the applicant shall prepare and submit the appropriate work plans and reports to the executive director as provided in the agreement.     (2) The executive director shall review and evaluate the work plans and reports for accuracy, quality, and completeness.     (3) The executive director may approve a voluntary cleanup work plan or report, or if he does not approve the work plan or a report, he shall notify the applicant in writing concerning additional information or commitments necessary to obtain approval.     (4) At any time during the evaluation of a work plan or report, the executive director may request the applicant to submit additional or corrected information.     (5) After considering the proposed future use of the property that is the subject of the agreement, the executive director may approve work plans and reports submitted under this section that do not require removal or remedy of all discharges, releases, and threatened releases on the property if the applicant's response actions under the agreement:   (a) will be completed in a manner that protects human health and the environment;     (b) will not cause, contribute to, or exacerbate discharges, releases, or threatened releases on the property that are not required to be removed or remedied under the work plan; and     (c) will not interfere with or substantially increase the costs of response actions to address any remaining discharges, releases, or threatened releases resulting from releases initially generated on the property.      Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-111 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 111 - Certificate of completion.

19-8-111. Certificate of completion.    (1) If the executive director determines that an applicant has completed a voluntary cleanup in accordance with the agreement entered into under this chapter, the executive director shall within 30 days after the determination issue to the applicant a certificate of completion.     (2) The certificate of completion shall:   (a) acknowledge the protection from liability provided by Section 19-8-113;     (b) state the proposed future use of the property as defined under the voluntary cleanup agreement;     (c) provide a legal description of the property and identify the owner of the property; and     (d) state the applicant has complied with the voluntary cleanup agreement and has met the requirements of Sections 19-8-108 and 19-8-110.       (3) The executive director shall upon issuance of the certificate of completion record a copy in the real property records of the county in which the site is located.    Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-112 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 112 - Denial of certificate of completion -- Appeal.

19-8-112. Denial of certificate of completion -- Appeal.    (1) If the executive director determines the applicant has not successfully completed a voluntary cleanup in accordance with an agreement entered into under this chapter, the executive director shall:   (a) notify the applicant and the current owner of the property that is the subject of the agreement of the denial of a certificate of completion; and     (b) provide to the applicant a list in writing of the reasons for the denial.       (2) The applicant may appeal the determination of the executive director as provided in Title 63G, Chapter 4, Administrative Procedures Act.    Amended by Chapter 382, 2008 General Session
UT Code § 19-8-113 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 113 - Applicant's release from liability.

19-8-113. Applicant's release from liability.    (1)   (a) An applicant who is not responsible for the contaminant or contamination under the provisions listed in Subsection (1)(b) at the time the applicant applies to enter into a voluntary cleanup agreement under this chapter is released by issuance of a certificate of completion under Section 19-8-111 from all liability to the state for cleanup of property covered by the certificate and from all liability for claims arising under state law for contribution regarding matters addressed by the certificate of completion, except for any releases or consequences the applicant causes.     (b) Provisions referred to in Subsection (1)(a) are: Title 19, Chapter 5, Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act; or Title 19, Chapter 6, Part 4, Underground Storage Tank Act.       (2) There is no release from liability under this chapter if a certificate of completion is obtained by fraud, misrepresentation, or the knowing failure to disclose material information.     (3)   (a) After a certificate of completion is issued under this chapter, an owner who then acquires property covered by the certificate, or a lender who then makes a loan secured by property covered by the certificate, is released from all liability to the state regarding property covered by the certificate for cleanup of contamination released before the date of the certificate, and from all liability for claims arising under state law for contribution regarding matters addressed by the certificate of completion, except under Subsection (3)(b).     (b) A release of liability under Subsection (3)(a) is not available to an owner or lender under Subsection (3)(a) who:   (i) was originally responsible for a release or contamination under Title 19, Chapter 5, Water Quality Act; Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act; or Title 19, Chapter 6, Part 4, Underground Storage Tank Act;     (ii) changes the land use from the use specified in the certificate of completion if the changed use or uses may reasonably be expected to result in increased risks to human health or the environment; or     (iii) causes further releases on the property covered by the certification.       (c) A release under this Subsection (3) is subject to the limitations of Subsection (2).       (4) The executive director may issue enforceable written assurances to a contiguous property owner of real property stating that no enforcement action under this part may be initiated against the contiguous property owner and providing the owner protection from state law cost recovery and contribution actions.    Amended by Chapter 200, 2005 General Session
UT Code § 19-8-114 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 114 - Additional permits not required.

19-8-114. Additional permits not required.    (1) Response action conducted as part of a voluntary cleanup agreement under this chapter does not require a state or local environmental permit, except as required by a program delegated to the state by the federal government under this title.     (2) The department shall by rule require that the applicant conducting the voluntary cleanup under this chapter comply with any federal or state standard, requirement, criterion, or limitation to which the response action would otherwise be subject if a permit were required.    Enacted by Chapter 247, 1997 General Session
UT Code § 19-8-115 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 8 - Voluntary Cleanup Program|Section 115 - Rules -- Public notice -- Participation.

19-8-115. Rules -- Public notice -- Participation.  The department shall make rules as necessary to administer this chapter. The rules shall include provisions for public participation by, and notice to, affected property owners regarding voluntary cleanup decisions.  Enacted by Chapter 247, 1997 General Session