- (a) The Department does not intend to bring enforcement or cost recovery action against, and will not hold liable, a utility company under the Hazardous Substance Mitigation Act based solely upon the utility company's interest in a utility corridor for the purpose of supplying utility services.
- (b) The Department's policy is subject to the following conditions:
- (1) The utility company did not cause or contribute to the release and does not take actions that exacerbate the release.
- (2) The utility company complies with applicable regulations, land use restrictions, institutional controls, environmental covenants, and sire management plans under the VCP in handling contaminated media.
- (3) The utility company takes reasonable steps to prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances or hazardous materials.
KEY: bona fide prospective purchaser, enforceable written assurance, Hazardous Substances Mitigation Act
Date of Last Change: March 26, 2007
Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 19-6-326