Utah Administrative Code
Topic - Environmental Quality
Title R315 - Waste Management and Radiation Control, Waste Management
Rule R315-101 - Cleanup Action and Risk-Based Closure Standards
Section R315-101-9 - Owner Responsibilities

(a) The owner or responsible party shall ensure compliance with the environmental covenant and the land use restrictions such as groundwater use restrictions, soil removal restrictions, hazard notifications, implementation of the groundwater monitoring program and any other restrictions or conditions cited in the site management plan. Documentation of compliance with the site management plan requirements shall be submitted to the director upon request.

(b) The owner or responsible party shall notify present and future workers at the site of the residual risk at the site and the existence of the site management plan. This includes site workers present for a typical work week and construction workers who may be temporary. If the site management plan specifies controls to prevent workers from exposure, the owner or responsible party shall provide those controls.

(c) Within 48 hours of becoming aware of a deviation from the site management plan the owner or responsible party shall notify the director of the deviation. The owner or responsible party shall submit to the director a written report within 30 days detailing the nature of the deviation and an evaluation of whether the situation and existing site management practices compromise the level of protection afforded by the original site management plan requirements and whether an alternate site management plan is needed to provide a comparable level of protection. Any proposed modification to the site management plan requirements shall require director approval.

(d) The environmental covenant shall run with the land and shall be binding on the current and all subsequent owners. The site management plan requirements shall be imposed and enforced on the current owner through an environmental covenant. Additionally, after the environmental covenant is recorded in the appropriate county recorder's office, each deed, title or other instrument conveying an interest in the property executed by the owner or the owner's successors in title to the property shall include a notice stating that the property is subject to the site management plan and environmental covenant, and shall reference the recorded location of the site management plan and environmental covenant and the restrictions applicable to the property in the site management plan.

(e) In instances where groundwater contamination has migrated off-site, and the director determines that the contaminant concentration poses a potential risk, the responsible party shall notify the impacted off-site property owners in accordance with Subsections R315-101-7(k) and R315-101-7(l).

(f) The responsible party, with the approval of the director, shall comply with Subsection R315-101-7(k)(4), R315-101-7(k)(5) or R315-101-7(l) as applicable.