Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-600 - Hazardous Substances Mitigation Act: Enforceable Written Assurances
Section R311-600-10 - Revocation of Assurance
Current through Bulletin 2024-06, March 15, 2024
(a) The enforceable written assurance shall remain valid unless revoked.
(b) The Executive Director may revoke the enforceable written assurance for good cause, including the following:
(c) The holder shall have the burden of proving by a preponderance of evidence that at the time the enforceable assurance was granted and thereafter, the holder satisfied criteria for being considered a bona fide prospective purchaser, an innocent landowner, or a contiguous property owner.
(d) The procedures followed to revoke an enforceable written assurance shall comply with the Administrative Procedures Act and shall include written notice to the holder and an opportunity to contest the Department's notice.
(e) An administrative action to revoke the enforceable written assurance may be issued concurrently with an order to abate under section 19-6-310 of the Hazardous Substance Mitigation Act.