Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-600 - Hazardous Substances Mitigation Act: Enforceable Written Assurances
Section R311-600-18 - Utility Company Enforcement Policy
Universal Citation: UT Admin Code R 311-600-18
Current through Bulletin 2024-06, March 15, 2024
(a) The Department does not intend to bring enforcement or cost recovery action against, and will not hold liable, a utility company under the Hazardous Substance Mitigation Act based solely upon the utility company's interest in a utility corridor for the purpose of supplying utility services.
(b) The Department's policy is subject to the following conditions:
(1) The utility company did not cause or
contribute to the release and does not take actions that exacerbate the
release.
(2) The utility company
complies with applicable regulations, land use restrictions, institutional
controls, environmental covenants, and sire management plans under the VCP in
handling contaminated media.
(3)
The utility company takes reasonable steps to prevent or limit human,
environmental, or natural resource exposure to any previously released
hazardous substances or hazardous materials.
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