Utah Admin. Code 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.
Notes
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