R311-600-1. Purpose, Authority, Scope, and Requirements

(a) The purpose of these rules is to describe the principles and procedures the Executive Director of the Utah Department of Environmental Quality will use in responding to requests for enforceable written assurances.

(b) The authority for issuing these rules is found in the Hazardous Substance Mitigation Act which was amended in 2005 to expressly allow the Executive Director to issue enforceable written assurances to bona fide prospective purchasers, contiguous property owners, and innocent landowners, terms defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act and incorporated in the Hazardous Substance Mitigation Act. The Department will not bring an enforcement action under the Hazardous Substance Mitigation Act against the holder of an enforceable written assurance, provided the holder continues to satisfy the ongoing obligations associated with the written assurance. In addition, the assurance grants the holder protection from any state law cost recovery and contribution actions under the Hazardous Substance Mitigation Act. The Executive Director's refusal to issue an enforceable written assurance is not indicative of the environmental status of the property, the applicant's responsibility or liability, or the Department's enforcement interest in a particular property or person.

(c) These rules apply to enforceable written assurances. In many situations, other types of letters or agreements may be more appropriate or desirable. In passing these rules, the Executive Director does not intend to limit the authority to compromise and settle claims, to enter voluntary cleanup agreements, to enter prospective purchaser agreements, to enter apportionment determinations or to issue other types of letters. Writings that do not indicate they are enforceable written assurances are not covered by these rules.

(d) The requirements for enforceable written assurances are found in these rules and in the Hazardous Substance Mitigation Act, Title 19 Chapter 6 Part 3.

(e) When the Division of Environmental Response and Remediation is referenced in the Enforceable Written Assurances rules, the Division of Environmental Response and Remediation is the designee of the Executive Director for the purpose stated or implied.