reglab/housing_qa huggingface dataset:
UT Code § 19-6-302.5 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 302.5 - Retroactive effect.

 Affected by 63I-1-219 on 7/1/2030 19-6-302.5. Retroactive effect.    (1) The Legislature finds the language in this part, prior to the passage of this act, did not clearly set forth procedures for identifying responsible parties and allocating among those parties response costs at sites where hazardous substances or materials have been released. This lack of clarity has interfered with effective allocation of costs of cleanup as required by this part.     (2) It is the intent of the Legislature that this act provides clarification of the Legislature's original intent to facilitate cleanups of hazardous substances or materials by providing clarification of procedures for allocating liability and response costs.     (3)   (a) It is the intent of the Legislature that liability as determined under this act applies retroactively to any release of a hazardous substance or material subject to or currently in the process of investigation, abatement, or corrective action under this part as of the effective date of this act.     (b) Any responsible party whose liability for cleanup costs is absolved or altered by the provisions of this act is subject only to further costs or action as required by this part.      Enacted by Chapter 324, 1995 General Session
UT Code § 19-6-303 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 303 - Rulemaking provisions.

 Affected by 63I-1-219 on 7/1/2030 19-6-303. Rulemaking provisions.  The executive director may regulate hazardous substances releases by making rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the substantive requirements of CERCLA, to establish the requirements for remedial investigation studies and remedial action plans.  Amended by Chapter 382, 2008 General Session
UT Code § 19-6-304 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 304 - Inspections.

 Affected by 63I-1-219 on 7/1/2030 19-6-304. Inspections.    (1) Upon presentation of appropriate credentials and at any reasonable time, any authorized officer, employee, or representative of the department may:   (a) enter and inspect any property, premises, or place where he has reason to believe there is a hazardous materials or substances release;     (b) copy any records relating to those hazardous materials or substances to determine compliance with this part and the rules made under authority of this part; and     (c) inspect and take samples of any suspected hazardous material or substance.       (2) If the department's representative takes samples of any suspected hazardous material or substance under authority of this section, he shall:   (a) give a receipt describing the sample taken to the owner, operator, or agent who has control of the suspected hazardous material or substance;     (b) if requested and if possible, give the owner, operator, or agent a split sample of the suspected hazardous material or substance equal in volume or weight to the portion he retains; and     (c) if an analysis of any sample is made, upon request, promptly furnish a copy of the results of the analysis to the owner, operator, or agent.      Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-306 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 306 - Penalties -- Lawsuits.

 Affected by 63I-1-219 on 7/1/2030 19-6-306. Penalties -- Lawsuits.    (1) Any person who violates any final order or rule issued or made under this part is subject in a civil proceeding to a penalty of not more than $10,000 per day for each day of violation.     (2) Any person who violates the terms of any agreement made under authority of this part is subject in a civil proceeding to pay:   (a) any penalties stipulated in the agreement; or     (b) if no penalties are stipulated in the agreement, a penalty of not more than $10,000 per day for each day of violation.       (3) The executive director shall deposit all civil penalties collected under the authority of this section into the General Fund.     (4)   (a) The executive director may enforce any orders issued under authority of this part by bringing a suit to enforce the order in the district court in Salt Lake County or in the district court in the county where the hazardous substances release occurred.     (b) After a remedial investigation has been completed, the executive director may bring a suit in district court against all responsible parties, asking the court for injunctive relief and to apportion liability among the responsible parties for performance of remedial action.      Amended by Chapter 324, 1995 General Session
UT Code § 19-6-307 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 307 - Hazardous Substances Mitigation Fund -- Uses.

 Affected by 63I-1-219 on 7/1/2030  Effective 7/1/2018  19-6-307. Hazardous Substances Mitigation Fund -- Uses.    (1) There is created an expendable special revenue fund entitled the "Hazardous Substances Mitigation Fund."     (2) The fund consists of money generated from the following revenue sources:   (a) any voluntary contributions received for the cleanup of hazardous substances facilities;     (b) appropriations made to the fund by the Legislature;     (c) money received by the state under Section 19-6-310 and Section 19-6-316; and     (d) money from waste disposal fees, as described in Section 19-1-108.        (3)   (a) The fund shall earn interest.     (b) All interest earned on fund money shall be deposited into the fund.       (4) The executive director may use fund money to:   (a) take emergency action as provided in Sections 19-6-309 and 19-6-310;     (b) conduct remedial investigations as provided in Sections 19-6-314 through 19-6-316;     (c) pay the amount required by the federal government as the state's portion of the cost of cleanups under authority of CERCLA, as appropriated by the Legislature for that purpose; and     (d) pay the amount required by the federal government as the state's portion of the cost of cleanups under 42 U.S.C. 6991 et seq., the Leaking Underground Storage Tank Trust Fund, as appropriated by the Legislature for that purpose.      Amended by Chapter 241, 2018 General Session
UT Code § 19-6-308 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 308 - Hazardous Substances Mitigation Fund -- Prohibited uses.

 Affected by 63I-1-219 on 7/1/2030 19-6-308. Hazardous Substances Mitigation Fund -- Prohibited uses.  The executive director may not use fund money to pay for:  (1) property damage or bodily injury resulting from a hazardous material or substance release; or     (2) property damage or bodily injury resulting from remedial studies or abatement action taken to address a hazardous material or substance release.    Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-309 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 309 - 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.    Amended by Chapter 30, 1992 General Session
UT Code § 19-6-311 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 311 - Hazardous substances priority list.

 Affected by 63I-1-219 on 7/1/2030 19-6-311. Hazardous substances priority list.    (1) The executive director shall develop and, as frequently as is necessary, revise a hazardous substances priority list by making a rule that:   (a) identifies separately national priority list sites, proposed national priority list sites, and scored sites that pose a significant threat to the public health or the environment; and     (b) declares those sites to be eligible to be addressed under the authority granted by this part.       (2) The executive director may not spend fund money or use the authority granted by this part to address any facilities containing hazardous substances that are not on the hazardous substances priority list.     (3) The executive director shall remove facilities from the hazardous substances priority list when appropriate.    Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-312 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 312 - Preinvestigation requirements.

 Affected by 63I-1-219 on 7/1/2030 19-6-312. Preinvestigation requirements.  Before undertaking any remedial investigations on a facility on the hazardous substances priority list, the executive director shall make reasonable attempts to:  (1) identify potentially responsible parties for each facility; and     (2) send written notice to each potentially responsible party informing him of his potential responsibility.    Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-313 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 313 - Priority of other statutes.

 Affected by 63I-1-219 on 7/1/2030 19-6-313. Priority of other statutes.  The executive director may not spend fund money or take action under authority of Sections 19-6-314 through 19-6-320 to address hazardous substances on any facility listed on the hazardous substances priority list if the facility can be cleaned up under any other state statute.  Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-314 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 314 - Remedial investigations of priority list sites -- Parties involved -- Powers of the executive director.

 Affected by 63I-1-219 on 7/1/2030 19-6-314. Remedial investigations of priority list sites -- Parties involved -- Powers of the executive director.    (1) All remedial investigations conducted under the authority of this section shall:   (a) meet the substantive requirements of CERCLA;     (b) follow procedures established by the National Contingency Plan to avoid inconsistent state and federal action; and     (c) include recommendations for remedial action.       (2)   (a) After determining that a hazardous substance release is occurring from a national priority list site or proposed national priority list site, and identifying responsible parties under Section 19-6-312, the executive director shall make reasonable efforts to reach an agreement with the identified responsible parties to conduct a remedial investigation.     (b) The executive director may define in the agreement the scope of the remedial investigation, the form of the report, and the time limits for completion of the investigation.     (c) If any responsible party fails 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 a remedial investigation, the executive director may issue an order directing one or more responsible parties to perform the remedial investigation.     (b) The executive director may define in the order the scope of the remedial investigation, the form of the report, and the time limits for completion of the remedial investigation.       (4)   (a) If the executive director is unable to obtain an agreement with one or more responsible parties to perform a remedial investigation, chooses not to order any responsible party to perform the remedial investigation, or determines that the remedial investigation performed by a responsible party does not meet the substantive requirements of CERCLA, he may direct the department to conduct or correct the remedial investigation.     (b) The executive director may recover the costs incurred in conducting a remedial investigation from responsible parties according to the standards contained in Section 19-6-316.      Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-315 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 315 - Remedial investigations of scored sites -- Parties involved -- Powers of the executive director.

 Affected by 63I-1-219 on 7/1/2030 19-6-315. Remedial investigations of scored sites -- Parties involved -- Powers of the executive director.    (1) All remedial investigations conducted under the authority of this section shall:   (a) meet the substantive requirements of CERCLA; and     (b) include recommendations for remedial action.       (2)   (a) After determining that a hazardous substance release is occurring from a scored site and identifying responsible parties under Section 19-6-312, the executive director shall make reasonable efforts to reach an agreement with the identified responsible parties to perform a remedial investigation.     (b) The executive director may define in the agreement the scope of the investigation, the form of the report, and the time limits for completion of the investigation.     (c) If the potentially 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 a remedial investigation, or determines that the remedial investigation performed by responsible parties does not meet the substantive requirements of CERCLA, he may direct the department to conduct or correct the remedial investigation.     (b) The executive director may recover the costs incurred in conducting a remedial investigation from responsible parties according to the standards contained in Section 19-6-316.      Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-317 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 317 - Remedial investigation report -- Remedial action plan implementation -- Legal remedies.

 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.      Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-319 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 319 - Remedial action investigation report -- Remedial action plan implementation -- Enforcement provisions.

 Affected by 63I-1-219 on 7/1/2030 19-6-319. Remedial action investigation report -- Remedial action plan implementation -- Enforcement provisions.    (1) Upon receipt of a remedial action investigation report for a proposed national priority list site or a scored site, the executive director shall:   (a) review the report;     (b) provide a period for public comment; and     (c) issue an order defining the remedial action plan for the facility.       (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) In reaching an agreement for a proposed national priority list site, the executive director shall follow procedures established by the National Contingency Plan to avoid inconsistent state and federal action.     (c) The executive director may define in the agreement the remedial action required and the time limits for completion of the remedial action.     (d) 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.      Renumbered and Amended by Chapter 112, 1991 General Session
UT Code § 19-6-320 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 320 - Remedial action completion procedures -- Legal remedies.

 Affected by 63I-1-219 on 7/1/2030 19-6-320. Remedial action completion procedures -- Legal remedies.    (1) A party who has entered an agreement or who has been issued a final order under the authority of Sections 19-6-317 through this section shall send notice to the executive director when the remedial action for the facility is completed.     (2) Upon notice that remedial action at a facility is complete, the executive director shall inspect the facility to determine if the remedial action plan as implemented meets the substantive requirements of CERCLA.     (3) If the executive director determines that the remedial action plan as implemented meets the substantive requirements of CERCLA, except for any ongoing activities at the facility, including operation, maintenance, or monitoring, he shall issue a notice of agency action declaring that remedial action at the facility is complete and removing the facility from the hazardous substances priority list.     (4)   (a) If the executive director determines that the remedial action plan for a national priority list site, as implemented, does not meet the substantive requirements of CERCLA, he may issue an order directing the responsible parties to take additional actions to implement the remedial action plan.     (b) If the responsible parties refuse to comply with the order the executive director may take enforcement action.       (5)   (a) If the executive director determines that the remedial action plan for a proposed national priority list site or a scored site has not been properly and completely implemented according to the agreement between the executive director and the responsible parties, or is not consistent with the substantive requirements of CERCLA, he shall request that the responsible parties take additional actions to fulfill the agreement to implement the remedial action plan.     (b) If the responsible parties refuse to comply with the request, the executive director may take action to enforce the agreement.      Amended by Chapter 275, 2001 General Session
UT Code § 19-6-321 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 321 - Construction with other state and federal laws -- Governmental immunity.

 Affected by 63I-1-219 on 7/1/2030 19-6-321. Construction with other state and federal laws -- Governmental immunity.    (1) Except as provided in Subsection (2), nothing in this part affects or modifies in any way the obligations or liability of any person under a contract or any other provision of this part or state or federal law, including common law, for damages, indemnification, injury, or loss associated with a hazardous material or substance release or a substantial threat of a hazardous material or substance release.     (2) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, the state and its political subdivisions are not liable for actions performed under this part except as a result of intentional misconduct or gross negligence including reckless, willful, or wanton misconduct.     (3) Nothing in this part affects, limits, or modifies in any way the authority granted to the state, any state agency, or any political subdivision under other state or federal law.    Amended by Chapter 382, 2008 General Session
UT Code § 19-6-322 (2021)
2021 Utah Code|Title 19 - Environmental Quality Code|Chapter 6 - Hazardous Substances|Part 3 - Hazardous Substances Mitigation Act|Section 322 - Cooperative agreements with federal government -- Legislative findings.

 Affected by 63I-1-219 on 7/1/2030 19-6-322. Cooperative agreements with federal government -- Legislative findings.  Due to the enactment of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, PL 96-510, and recognizing the applicability of that act to the unauthorized or accidental discharge of hazardous substances or to inactive hazardous waste sites in the state of Utah, the Legislature finds and declares it to be in the public interest to enter into agreements with the federal Environmental Protection Agency to undertake activities and perform remedial and removal actions as provided by PL 96-510, to protect the public health, safety, and welfare.  Renumbered and Amended by Chapter 112, 1991 General Session