A. If the testing or other reliable information indicates the presence of contaminated soil, and UDEQ concludes that such soils can be stabilized in place as part of the development project, as a prerequisite to receiving initial development approval from the city, the developer shall contact UDEQ, and shall provide written notice to the city that a UDEQ prescribed "necessary steps" plan for contaminated soil stabilization will be undertaken and completed by the developer during and as part of the development construction. Prior to receiving final occupancy or development use approval from the city for the project:
1. If the developer is a public or quasi-public entity, the developer shall provide a signed letter from its senior managing official to the city confirming that all "necessary steps" prescribed by UDEQ have been followed and that the contaminated soils were effectively and appropriately contained in place.
2. If the developer is a private person or entity, the developer shall provide a signed letter to the city from a qualified and licensed environmental engineer confirming that all "necessary steps" prescribed by UDEQ have been followed and that the contaminated soils were effectively and appropriately contained in place.
B. If at any time during the construction process new environmental information is discovered concerning the level of contamination of the development project soils, such information shall be timely reported to the city and to UDEQ. UDEQ may require that a project begun as a stabilization project thereafter proceed as a voluntary cleanup project. (2001 Code § 42-1-102)