1. (a) The owner or responsible party shall ensure compliance with the environmental covenant and the land use restrictions such as groundwater use restrictions, soil removal restrictions, hazard notifications, implementation of the groundwater monitoring program, and any other restrictions or conditions cited in the environmental covenant, site management plan, or both. Documentation of compliance with the site management plan requirements shall be submitted to the director upon request.
2. (b) The owner or responsible party shall notify present and future workers at the site, including site workers and construction workers, of the residual risk at the site and the existence of controls outlined in the environmental covenant or the site management plan. The owner or responsible party shall be responsible for implementing those controls, including any controls to prevent workers from exposure.
3. (c) Within 48 hours of becoming aware of a deviation from the land use controls and restrictions, the owner or responsible party shall notify the director of the deviation. The owner or responsible party shall submit to the director a written report within 30 days detailing the nature of the deviation and an evaluation of whether the situation and existing site management practices compromise the level of protection afforded by the environmental covenant or the site management plan requirements and whether an alternate site management plan is needed to provide a comparable level of protection. Any proposed modification to the site management plan requirements shall require director approval.
4. (d) The environmental covenant shall run with the land and shall be binding on the current and all subsequent owners. If a site management plan is required, the site management plan requirements shall be imposed and enforced on the current owner through an environmental covenant. Additionally, after the environmental covenant is recorded in the appropriate county recorder's office, each deed, title, or other instrument conveying an interest in the property executed by the owner or the owner's successors in title to the property shall include a notice stating that the property is subject to the environmental covenant, and shall reference the recorded location of the environmental covenant and the restrictions applicable to the property.
5. (e) In instances where groundwater contamination has migrated off-site, and the director determines that the contaminant concentration poses a potential risk, the responsible party shall notify the impacted off-site property owners in accordance with Subsections R315-101-7(k) and R315-101-7(l).
6. (f) The responsible party, with the approval of the director, shall comply with Subsection R315-101-7(k)(4), R315-101-7(k)(5) or R315-101-7(l) as applicable.

KEY: hazardous waste

Date of Last Change: April 16, 2026

Notice of Continuation: December 11, 2025

Authorizing, and Implemented or Interpreted Law: 19-6-105; 19-6-106