Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-600 - Hazardous Substances Mitigation Act: Enforceable Written Assurances
Section R311-600-2 - Definitions
Universal Citation: UT Admin Code R 311-600-2
Current through Bulletin 2024-06, March 15, 2024
(a) The terms used in this rule are defined in section 19-6-302.
(b) For the purposes of the Enforceable Written Assurances rules:
(1) "Applicant"
means a person who has applied to receive an enforceable written assurance
based upon his status as a bona fide prospective purchaser, contiguous property
owner or innocent landowner.
(2)
"Characterization" means an investigation to demonstrate contaminants at the
site do not pose a risk to human health and the environment. Characterization
may include sampling, testing, monitoring, and the collecting of sufficient
information to demonstrate compliance with the principles in
R311-600-3.
(3) "Contaminants" mean hazardous substances
or hazardous materials.
(4)
"Department" means the Department of Environmental Quality.
(5) "Enforceable Written Assurance" means a
letter issued by the Executive Director to an applicant pursuant to section
19-6-326
acknowledging the applicant's status as a bona fide prospective purchaser,
contiguous property owner or innocent landowner based upon the representations
of the applicant that it meets and will continue to meet the
criteria.
(6) "Environmental
Covenant" means a servitude defined in section
57-25-102(4).
(7) "EPA" means the United States
Environmental Protection Agency.
(8) "Executive Director" means the Executive
Director of the Department of Environmental Quality or a designee.
(9) "Holder" means a person who has received
an enforceable written assurance.
(10) "Institutional Control" means the term
defined in section
19-10-102(1).
(11) "Property" means the property described
in the legal description by the applicant in the enforceable written assurance
application.
(12) "Site" means the
area, including soil, water or groundwater, where a release of hazardous
substances or hazardous materials has come to be located irrespective of
property boundaries.
(13) "Utility
Corridor" means easements, permits, rights of access, or right by virtue of
franchise agreements held by utility companies for the purpose of providing
water, electricity, natural gas, sewer, and other services to
properties.
(14) "VCP" or
"Voluntary Cleanup Program" means the program established under section
19-8-101 et
seq.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.