R311-600-2. Definitions

(a) The terms used in this rule are defined in section 19-6-302.

(b) For the purposes of the Enforceable Written Assurances rules:

(1) "Applicant" means a person who has applied to receive an enforceable written assurance based upon his status as a bona fide prospective purchaser, contiguous property owner or innocent landowner.

(2) "Characterization" means an investigation to demonstrate contaminants at the site do not pose a risk to human health and the environment. Characterization may include sampling, testing, monitoring, and the collecting of sufficient information to demonstrate compliance with the principles in R311-600-3.

(3) "Contaminants" mean hazardous substances or hazardous materials.

(4) "Department" means the Department of Environmental Quality.

(5) "Enforceable Written Assurance" means a letter issued by the Executive Director to an applicant pursuant to section 19-6-326 acknowledging the applicant's status as a bona fide prospective purchaser, contiguous property owner or innocent landowner based upon the representations of the applicant that it meets and will continue to meet the criteria.

(6) "Environmental Covenant" means a servitude defined in section 57-25-102(4).

(7) "EPA" means the United States Environmental Protection Agency.

(8) "Executive Director" means the Executive Director of the Department of Environmental Quality or a designee.

(9) "Holder" means a person who has received an enforceable written assurance.

(10) "Institutional Control" means the term defined in section 19-10-102(1).

(11) "Property" means the property described in the legal description by the applicant in the enforceable written assurance application.

(12) "Site" means the area, including soil, water or groundwater, where a release of hazardous substances or hazardous materials has come to be located irrespective of property boundaries.

(13) "Utility Corridor" means easements, permits, rights of access, or right by virtue of franchise agreements held by utility companies for the purpose of providing water, electricity, natural gas, sewer, and other services to properties.

(14) "VCP" or "Voluntary Cleanup Program" means the program established under section 19-8-101 et seq.