Utah § 19-8-113 - Applicant's release from liability.
Full text of Utah Utah Code § 19-8-113 — Applicant's release from liability., with citation guidance and answers to common questions.
§ 19-8-113. Applicant's release from liability.
Effective 5/7/2025 19-8-113.
Applicant's release from liability.
(1)
(a)
An applicant who is not responsible for the contaminant or contamination under the provisions listed in Subsection (1)(b) at the time the applicant applies to enter into a voluntary cleanup agreement under this chapter is released by issuance of a certificate of completion under Section 19-8-111 from all liability to the state for cleanup of property covered by the certificate and from all liability for claims arising under state law for contribution regarding matters addressed by the certificate of completion, except for any releases or consequences the applicant causes.
Chapter 6, Part 3, Hazardous Substances Mitigation Act; or
(iv)
Chapter 6, Part 4, Petroleum Storage Tank Act.
(2)
There is no release from liability under this chapter if a certificate of completion is obtained by fraud, misrepresentation, or the knowing failure to disclose material information.
(3)
(a)
After a certificate of completion is issued under this chapter, an owner who then acquires property covered by the certificate, or a lender who then makes a loan secured by property covered by the certificate, is released from all liability to the state regarding property covered by the certificate for cleanup of contamination released before the date of the certificate, and from all liability for claims arising under state law for contribution regarding matters addressed by the certificate of completion, except under Subsection (3)(b).
(b)
A release of liability under Subsection (3)(a) is not available to an owner or lender under Subsection (3)(a) who:
(i)
was originally responsible for a release or contamination under:
(A)
Chapter 5, Water Quality Act;
(B)
Chapter 6, Part 1, Solid and Hazardous Waste Act;
(C)
Chapter 6, Part 3, Hazardous Substances Mitigation Act; or
(D)
Chapter 6, Part 4, Petroleum Storage Tank Act;
(ii)
changes the land use from the use specified in the certificate of completion if the changed use or uses may reasonably be expected to result in increased risks to human health or the environment; or
(iii)
causes further releases on the property covered by the certification.
(c)
A release under this Subsection (3) is subject to the limitations of Subsection (2).
(4)
The executive director may issue enforceable written assurances to a contiguous property owner of real property stating that no enforcement action under this part may be initiated against the contiguous property owner and providing the owner protection from state law cost recovery and contribution actions.
Section 19-8-113 ("Applicant's release from liability.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 19-8-113?
A common citation format is "Utah Code § 19-8-113" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 19-8-113 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
