No. 40487 (5-year Review): Rule R311-600. Hazardous Substances Mitigation Act: Enforceable Written Assurances

DAR File No.: 40487
Filed: 06/10/2016 09:53:08 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Rule R311-600 is enacted in accordance with Section 19-6-326. This section states "(1) Based upon risk to human health or the environment from potential exposure to hazardous substances or materials, the executive director may issue enforceable written assurances to a bona fide prospective purchaser, contiguous property owner, or innocent landowner of real property that no enforcement action under this part may be initiated regarding that real property against the person to whom the assurances are issued. (2) An assurance granted under Subsection (1) grants the person to whom the assurance is issued protection from imposition of any state law cost recovery and contribution actions under this part. (3) The executive director may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the administration of this section."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Department of Environmental Quality has received no written comments from persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Amendments to the Hazardous Substances Mitigation Act to authorize the issuance of an enforceable written assurance were initiated and subsequently supported by the private sector and the legal community to help quantify a prospective purchaser's pre-purchase liability. This can help foster economic development of Brownfields and other potentially impacted properties. In addition, the Department views that compliance with the conditions of the requirements for a bona fide prospective purchaser (e.g., all appropriate inquiries, notice, care/reasonable steps, cooperation, and compliance with institutional controls), which must be met to issue an enforceable written assurance, will generally ensure there is no unacceptable risk to human health or the environment. Based on this and the fact that the Department of Environmental Quality has received no written comments from persons opposing the rule, the Department recommends continuation of Rule R311-600.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Environmental Response and RemediationRoom First Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Bill Rees at the above address, by phone at 801-536-4167, by FAX at 801-536-4242, or by Internet E-mail at [e-mail]

Effective:

06/10/2016

Authorized by:

Alan Matheson, Executive Director

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