§ 8-7-1103 — Division's authority

(a) The Division of Environmental Quality shall have authority regarding a voluntary response program to provide the following: (1) Opportunities for technical assistance for voluntary response actions; (2) Adequate opportunities for public participation, including prior notice and opportunity for comment in appropriate circumstances, in selecting response actions; (3) Streamlined procedures to ensure expeditious voluntary response actions; (4) Oversight and enforcement authorities or other mechanisms that are adequate to ensure that: (A) Voluntary response actions will protect human health and the environment and be conducted in accordance with applicable federal and state laws; and (B) If the person conducting the voluntary response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed; (5) Mechanisms for approval of a voluntary response action plan; and (6) (A) A requirement for certification or similar documentation from the division to the person conducting the voluntary response action indicating that the response is complete. (B) This certification shall document any conditions, restrictions, or limitations on the release from liability for contamination existing at the site before the division and the prospective purchaser enter into an implementing agreement. (b) The division may establish and administer a revolving loan fund to make secured and unsecured loans or grants to eligible participants for the purpose of financing the assessment, investigation, or remedial actions at abandoned industrial, commercial, or agricultural sites, or at abandoned residential property.

Legislative History

Amended by Act 2019, No. 910,§ 2832, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2831, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2830, eff. 7/1/2019. Acts 1997, No. 1042, § 1; 2003, No. 1193, § 1; 2005, No. 1164, § 3.