§ 8-7-521 — Site access for remedial or removal action

(a) For purposes of responding to an administrative or judicial order or settlement entered pursuant to § 8-7-508 , the owner or the operator of a facility that is a hazardous substance site, or any person who otherwise controls access to such a facility, shall provide access to the Division of Environmental Quality, any employee of the division, or any other person, duly designated by the Director of the Division of Environmental Quality, who undertakes such activities as are required to carry out the terms of the order or settlement. (b) Any person who impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement may be assessed a civil penalty by the division in an administrative proceeding or by the court in a judicial proceeding for a site access injunction of up to ten thousand dollars ($10,000) per day that site access is impeded. (c) Any person who knowingly impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement shall be guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or imprisonment for up to one (1) year, or both.

Legislative History

Amended by Act 2019, No. 910,§ 2775, eff. 7/1/2019. Acts 1989, No. 441, § 3; 2005, No. 1824, § 16.