R311-600-10. Revocation of Assurance

(a) The enforceable written assurance shall remain valid unless revoked.

(b) The Executive Director may revoke the enforceable written assurance for good cause, including the following:

(1) The holder:

(A) Acquired the enforceable written assurance by fraud, misrepresentation, or failure to disclose material information;

(B) Does not exercise appropriate care with respect to contaminants found at the facility by taking reasonable steps to:

(i) Stop any continuing release;

(ii) Prevent any threatened future release, and;

(iii) Prevent or limit human, environmental, or natural resource exposure to any previously released contaminants;

(C) Does not comply with any land use restrictions or institutional controls established or relied on in connection with the response action, or; impedes the effectiveness or integrity of any institutional control, or environmental covenant employed in connection with a response action, or; does not record an Environmental Covenant for any land use restrictions established or relied on in connection with the response action if requested to do so by the Executive Director;

(D) Does not cooperate with persons providing remedial or investigative action;

(E) Does not pay the required fees within a reasonable time;

(F) Does not provide and ensure reasonable access as requested by the Executive Director;

(G) Does not provide legally required notices with respect to the discovery or release of any contaminants at the facility, or;

(2) New information demonstrates that the holder may not be a bona fide prospective purchaser, innocent landowner, or contiguous property owner.

(c) The holder shall have the burden of proving by a preponderance of evidence that at the time the enforceable assurance was granted and thereafter, the holder satisfied criteria for being considered a bona fide prospective purchaser, an innocent landowner, or a contiguous property owner.

(d) The procedures followed to revoke an enforceable written assurance shall comply with the Administrative Procedures Act and shall include written notice to the holder and an opportunity to contest the Department's notice.

(e) An administrative action to revoke the enforceable written assurance may be issued concurrently with an order to abate under section 19-6-310 of the Hazardous Substance Mitigation Act.