R311-600-18. Utility Company Enforcement Policy

(a) The Department does not intend to bring enforcement or cost recovery action against, and will not hold liable, a utility company under the Hazardous Substance Mitigation Act based solely upon the utility company's interest in a utility corridor for the purpose of supplying utility services.

(b) The Department's policy is subject to the following conditions:

(1) The utility company did not cause or contribute to the release and does not take actions that exacerbate the release.

(2) The utility company complies with applicable regulations, land use restrictions, institutional controls, environmental covenants, and sire management plans under the VCP in handling contaminated media.

(3) The utility company takes reasonable steps to prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances or hazardous materials.