Utah Administrative Code
Topic - Environmental Quality
Title R311 - Environmental Response and Remediation
Rule R311-600 - Hazardous Substances Mitigation Act: Enforceable Written Assurances
Section R311-600-9 - Denial of Application
Universal Citation: UT Admin Code R 311-600-9
Current through Bulletin 2024-06, March 15, 2024
(a) The Executive Director may reject or deny the issuance of an enforceable written assurance for any reason.
(b) The Executive Director will deny or reject the issuance of an enforceable written assurance for the following reasons:
(1) If
the application is not complete, or;
(2) The applicant does not provide sufficient
evidence for the Executive Director to acknowledge that:
(A) The applicant has demonstrated compliance
with the Enforceable Assurance Evaluation Principles in
R311-600-3,
or;
(B) The applicant is a bona
fide prospective purchaser, an innocent landowner, or a contiguous property
owner based upon the applicant's representations, or;
(3) If information obtained subsequent to
filing demonstrates that:
(A) The applicant
has not demonstrated compliance with the Enforceable Assurance Evaluation
Principles in
R311-600-3,
or;
(B) That the applicant is not a
bona fide prospective purchaser, an innocent landowner, or a contiguous
property owner, or;
(4)
The applicant does not:
(A) Demonstrate the
ability and willingness to exercise appropriate care with respect to the
contamination at the facility, including taking reasonable steps to:
(i) Stop any continuing release;
(ii) Prevent any threatened future release;
and
(iii) Prevent or limit human,
environmental, or natural resource exposure to any previously released
hazardous substance or hazardous material or;
(B) Grant and ensure reasonable access,
or;
(C) Demonstrate willingness to:
(i) Comply with any land use restrictions
established or relied on in connection with the response action, and;
(ii) Not impede the effectiveness or
integrity of any institutional control or environmental covenant employed in
connection with a response action, and;
(iii) Record at the request of the Executive
Director an Environmental Covenant for any land use restrictions established or
relied on in connection with the response action.
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