Utah Superfund regulations & environmental compliance analysis

Utah Superfund: What you need to know

Governing Law and Regulations

Hazardous Substances Mitigation Act (HSMA): Utah Code Annotated (UCA) 19-6-301 to 19-6-326

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Program overview:

Definitions: UCA 19-6-302

Funding: UCA 19-6-307

Inspections: UCA 19-6-304

Emergency provisions: UCA 19-6-309

Enforceable written assurances: Utah Administrative Rules (R) 311-600-1 to R311-600-21

Eligibility criteria: R311-600-3

Application: R311-600-4

Transfer: R311-600-14

Innocent landowner: R311-600-21

Voluntary cleanup: UCA 19-8-101 to 19-8-120

Regulatory Agencies

Utah Department of Environmental Quality (DEQ) Division of Environmental Response and Remediation Superfund Program

U.S. Environmental Protection Agency (EPA) Region 8

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Utah has its own Superfund program for the cleanup of contaminated sites. The HSMA provides enforcement authority, establishes the Hazardous Substance Mitigation (HSM) Fund, and provides for a priority list.

Administration and enforcement. DEQ's Superfund Branch administers and enforces the state Superfund rules in Utah. EPA's Region 8 office administers and enforces the federal Superfund rules under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

State Requirements

PROGRAM OVERVIEW

Distinctions Between HSMA and CERCLA

The most significant distinctions between the Utah Superfund program and the federal Superfund program are:

  • Except for emergency situations where there is a direct and immediate threat to public health or the environment, the state program applies only to facilities that cannot be cleaned up under any other state statute.
  • The authorities ...

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