Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-600 - Hazardous Substances Mitigation Act: Enforceable Written Assurances
Section R311-600-21 - Innocent Landowners
Universal Citation: UT Admin Code R 311-600-21
Current through Bulletin 2024-06, March 15, 2024
(a) An applicant who seeks or obtains an enforceable assurance as an innocent landowner shall:
(1) Take reasonable steps to:
(A) Stop any continuing release;
(B) Prevent any threatened future release;
and,
(C) Prevent or limit human,
environmental, or natural resource exposure to any hazardous substance or
hazardous material released on or from the property owned by the
applicant.
(2) Provide
full cooperation, assistance, and access to persons that are authorized to
conduct response actions or natural resource restoration at the property from
which there has been a release or threatened release.
(3) Comply with any land use restrictions
established or relied on in connection with the response action at the facility
and cooperate to establish such restrictions and not impede the effectiveness
or integrity of any institutional control or environmental covenant employed in
connection with a response action.
(b) An applicant who seeks or obtains an enforceable assurance as an innocent landowner and fails to satisfy the above condition shall not be eligible to receive or retain an enforceable written assurance.
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