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
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