Utah Code § 19-2-108 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-108
§ 19-2-108. Notice of construction or modification of installations required -- Authority of director to prohibit construction -- Hearings -- Limitations on authority of director -- Inspections authorized.
Status: in_force

(1) Notice shall be given to the director by a person planning to: (a) construct a new installation that will or might reasonably be expected to be a source or indirect source of air pollution; (b) make modifications to an existing installation that will or might reasonably be expected to increase the amount of or change the character or effect of air pollutants discharged, so that the installation may be expected to be a source or indirect source of air pollution; or (c) install an air cleaning device or other equipment intended to control emission of air pollutants. (2) A person may not operate a source of air pollution required to have a permit by a rule adopted under Section 19-2-104 or 19-2-107 without having obtained a permit from the director under procedures the board establishes by rule. (3) (a) The director may require, as a condition precedent to the construction, modification, installation, or establishment of the air pollutant source or indirect source, the submission of plans, specifications, and other information as the director finds necessary to determine whether the proposed construction, modification, installation, or establishment will be in accord with applicable rules in force under this chapter, and the payment of a new source review fee established under Subsection 19-1-201(6)(i). (b) If within 90 days after the receipt of plans, specifications, or other information required under this Subsection (3), the director determines that the proposed construction, installation, or establishment or any part of it will not be in accord with the requirements of this chapter or applicable rules or that further time, not exceeding three extensions of 30 days each, is required by the director to adequately review the plans, specifications, or other information, the director shall issue an order prohibiting the construction, installation, or establishment of the air pollutant source or sources in whole or in part. (4) In addition to any other remedies but before invoking any other remedies, a person aggrieved by the issuance of an order either granting or denying a request for the construction of a new installation, upon request, in accordance with the rules of the department, is entitled to a special adjudicative proceeding conducted by an administrative law judge as provided by Section 19-1-301.5. (5) A feature, machine, or device constituting a part of or called for by plans, specifications, or other information submitted under Subsection (1) shall be maintained in good working order. (6) This section does not authorize the director to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer if the required performance standards may be met by machinery, devices, or equipment otherwise available. (7) (a) An authorized officer, employee, or representative of the director may enter and inspect a property, premise, or place on or at which an air pollutant source is located or is being constructed, modified, installed, or established at a reasonable time for the purpose of ascertaining the state of compliance with this chapter and the rules adopted under this chapter. (b) (i) A person may not refuse entry or access to an authorized representative of the director who requests entry for purposes of inspection and who presents appropriate credentials. (ii) A person may not obstruct, hamper, or interfere with an inspection. (c) If requested, the owner or operator of the premises shall receive a report setting forth the facts found that relate to compliance status.
Utah Code § 19-2-114 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-114
§ 19-2-114. Activities not in violation of chapter or rules.
Status: in_force

(1) As used in this section, "attainment area" means an area that meets the national primary and secondary ambient air quality standard for pollution. (2) The following are not a violation of this chapter or of a rule made under this chapter: (a) burning incident to horticultural or agricultural operations of: (i) prunings from trees, bushes, and plants; or (ii) dead or diseased trees, bushes, and plants, including stubble; (b) burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes; (c) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and (d) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index for the area where the burn is to occur is above 500. (3) (a) The board or division may not prohibit a burn during the time period beginning November 1 and ending March 31 if the burn: (i) occurs in an attainment area; (ii) occurs on private property within an incorporated portion of a county; (iii) occurs when the United States Weather Service clearing index for the area in which the burn is to occur is above 250; (iv) is the open burning of clippings, bushes, plants, prunings from trees, or dead or diseased trees, bushes, and plants, that are: (A) incident to property and residential clean-up activities; and (B) thoroughly dry; (v) does not include trash, rubbish, tires, or oil in the material to be burned, used to start the burn, or used to keep a fire burning; and (vi) does not create a nuisance as defined in Section 76-9-1301. (b) Notwithstanding Subsection (3)(a), the board by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may establish the process for issuing a burn permit under this chapter.
Utah Code § 19-8-107 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-107
§ 19-8-107. Participation application -- Procedure.
Status: in_force

(1) To participate in the voluntary cleanup program an applicant shall: (a) submit to the department an application and application fee under Subsection (2); and (b) pay to the department all costs of the department's oversight of the voluntary cleanup. (2) An application submitted under this section shall: (a) be on a form provided by the executive director; (b) contain pertinent information regarding the applicant and the applicant's ability to perform the voluntary cleanup, including the applicant's financial capability; (c) include pertinent information regarding the site, including property ownership, current property use, proposed property use, prior and present contact with regulatory programs that relate to the environmental condition of the property, and response action objectives; (d) provide any other background information requested by the executive director; (e) include an environmental assessment of the actual or threatened release of the contaminant at the site addressed by the application; (f) be accompanied by an application fee as established under Section 19-8-117; and (g) be submitted according to schedules set by department rules. (3) The environmental assessment required under Subsection (2) shall include: (a) a legal description of the site; (b) a description of the physical characteristics of the site; (c) the operational history of the site to the extent known by the applicant; (d) information of which the applicant is aware concerning the nature and extent of any relevant contamination or release at the site and immediately contiguous to the site, and where the contamination is located; and (e) relevant information of which the applicant is aware concerning the potential for human and environmental exposure to contamination at the site. (4) If the executive director accepts an application fee, the department shall take action on the application in the order in which it is received, but in all circumstances within 60 days of the receipt of the application by the department. (5) Fees collected under this section shall be deposited in the General Fund in the Environmental Voluntary Cleanup Account created under Section 19-8-103.
Utah Code § 19-5-120 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-120
§ 19-5-120. Sewage permit program fee.
Status: in_force

(1) The department may assess a fee established under Section 63J-1-504 against persons required to obtain a permit under Section 19-5-108 for the management of sewage sludge, to be applied to the costs of administering the sewage permit program required by this chapter. (2) In establishing the fee for each sludge disposal permit holder, the department shall take into account the proportionate size of the population served by the permit holder. (3) All proceeds from the fee shall be applied to the administering of the sewage permit program required by this chapter.
Utah Code § 19-7-102 — Utah Code / Title 19 / Chapter 19-7 / § 19-7-102
§ 19-7-102. Purposes.
Status: in_force

The purpose of this chapter is to: (1) enhance the environment through voluntary compliance with environmental laws; and (2) provide incentives to voluntarily identify and remedy environmental compliance problems.
Utah Code § 19-4-105 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-105
§ 19-4-105. Rulemaking authority and procedure.
Status: in_force

(1) Except as provided in Subsection (2), no rule which the board makes for the purpose of the state administering a program under the federal Safe Drinking Water Act may be more stringent than the corresponding federal regulations which address the same circumstances. In making the rules, the board may incorporate by reference corresponding federal regulations. (2) The board may make rules more stringent than corresponding federal regulations for the purpose described in Subsection (1), only if it makes a written finding after public comment and hearing, and based on evidence in the record, that the corresponding federal regulation is not adequate to protect public health and the environment of the state. Those findings shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record which form the basis for the board's conclusion.
Utah Code § 19-2-204 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-204
§ 19-2-204. Duties and authorities -- Rulemaking.
Status: in_force

(1) The board may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules: (a) specifying the amount of money to be dedicated annually for grants; (b) specifying criteria the director shall consider in prioritizing and awarding grants, including: (i) a preference for awarding a grant to an individual who has already secured some other source of funding; and (ii) a limitation on the types of vehicles that are eligible for funds; (c) specifying the terms of a grant or exchange under Subsections 19-2-203(2), (3), and (4); (d) specifying the procedures to be used in the grant and exchange programs authorized in Subsections 19-2-203(2), (3), and (5); and (e) requiring all grant applicants to apply on forms provided by the division. (2) The division shall: (a) administer funds to encourage vehicle and equipment owners and operators to reduce emissions from vehicles and equipment; (b) provide forms for application for a grant or exchange under Subsection 19-2-203(2) or (3); and (c) provide information about which vehicles, engines, or equipment are certified and which technology is verified as provided in this part. (3) The division may inspect vehicles, equipment, or technology for which a grant was made to ensure compliance with the terms of the grant.
Utah Code § 19-11-201 — Utah Code / Title 19 / Chapter 19-11 / § 19-11-201
§ 19-11-201. Text of compact.
Status: in_force

The Western Interstate Nuclear Compact is hereby enacted into law in the state of Utah and entered into with all other states legally joining therein, in the form substantially as follows:ARTICLE I. POLICY AND PURPOSEThe party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a co-operative basis. It is the policy of the party states to undertake such co-operation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a co-operative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being and the region's people.ARTICLE II. THE BOARD(a) There is hereby created an agency of the party states to be known as the Western Interstate Nuclear Board. The board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which the member represents and serving and subject to removal in accordance with such law. Any member of the board may provide for the discharge of the member's duties and the performance of the member's functions thereon (either for the duration of the member's membership or for any lesser period of time) by a deputy or assistant, if the laws of the member's state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.(b) The board members of the party states shall each be entitled to one vote on the board. No action of the board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the board are cast in favor thereof.(c) The board shall have a seal.(d) The board shall elect annually, from among its members, a chairman, a vice-chairman, and treasurer. The board shall appoint and fix the compensation of an executive director who shall serve at its pleasure and who shall also act as secretary, and who, together with the treasurer, and such other personnel as the board may direct, shall be bonded in such amounts as the board may require.(e) The executive director, with the approval of the board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states.(f) The board may establish and maintain, independently or in conjunction with any one or more of the party states, or its institutions or subdivisions, a suitable retirement system for its full-time employees. Employees of the board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.(g) The board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.(h) The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the board.(i) The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.(j) The board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.(k) The board annually shall make to the governor of each party state, a report covering the activities of the board for the preceding year, and embodying such recommendations as may have been adopted by the board, which report shall be transmitted to the legislature of said state. The board may issue such additional reports as it may deem desirable.ARTICLE III. FINANCES(a) The board shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.(b) Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the board's requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the board.(c) The board may meet any of its obligations in whole or in part with funds available to it under Article II(h) of this compact, provided that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under Article II(h) hereof, the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.(d) Any expenses and any other costs for each member of the board in attending board meetings shall be met by the board.(e) The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the board.(f) The accounts of the board shall be open at any reasonable time for inspection to persons authorized by the board, and duly designated representatives of governments contributing to the board's support.ARTICLE IV. ADVISORY COMMITTEESThe board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may co-operate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.ARTICLE V. POWERSThe board shall have power to:(a) Encourage and promote co-operation among the party states in the development and utilization of nuclear and related technologies and their application to industry and other fields.(b) Ascertain and analyze on a continuing basis the position of the West with respect to the employment in industry of nuclear and related scientific findings and technologies.(c) Encourage the development and use of scientific advances and discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries.(d) Collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and products, and other products and processes resulting from the application of related science and technology.(e) Encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy.(f) Conduct, or co-operate in conducting, programs of training for state and local personnel engaged in any aspects of:1. Nuclear industry, medicine, or education, or the promotion or regulation thereof.2. Applying nuclear scientific advances or discoveries, and any industrial, commercial or other processes resulting therefrom.3. The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of nuclear energy, materials, products, by-products, installations, or wastes, or to safety in the production, use and disposal of any other substances peculiarly related thereto.(g) Organize and conduct, or assist and co-operate in organizing and conducting, demonstrations or research in any of the scientific, technological or industrial fields to which this compact relates.(h) Undertake such nonregulatory functions with respect to non-nuclear sources of radiation as may promote the economic development and general welfare of the West.(i) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields.(j) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party states or their subdivisions in nuclear and related fields, as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency, with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.(k) Consider and make recommendations designed to facilitate the transportation of nuclear equipment, materials, products, by-products, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their availability or disposal practicable on an economic and efficient basis.(l) Consider and make recommendations with respect to the assumption of and protection against liability actually or potentially incurred in any phase of operations in nuclear and related fields.(m) Advise and consult with the federal government concerning the common position of the party states or assist party states with regard to individual problems where appropriate in respect to nuclear and related fields.(n) Cooperate with the Atomic Energy Commission, the National Aeronautics and Space Administration, the Office of Science and Technology, or any agencies successor thereto, and other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest.(o) Act as licensee, contractor or subcontractor of the United States Government or any party state with respect to the conduct of any research activity requiring such license or contract and operate such research facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the board by this compact.(p) Prepare, publish and distribute (with or without charge) such reports, bulletins, newsletters or other materials as it deems appropriate.(q) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to co-ordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents.The board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party state covered by the plan who shall co-ordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid in response thereto.Unless the party states concerned expressly otherwise agree, the board shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly by the designated agencies and officers of the party states.However, the plan or plans of the board in force pursuant to this paragraph shall provide for reports to the board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances.From time to time, the board shall analyze the information gathered from reports of aid pursuant to Article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.(r) Prepare, maintain, and implement a regional plan or regional plans for carrying out the duties, powers, or functions conferred upon the board by this compact.(s) Undertake responsibilities imposed or necessarily involved with regional participation pursuant to such co-operative programs of the federal government as are useful in connection with the fields covered by this compact.ARTICLE VI. MUTUAL AID(a) Whenever a party state, or any state or local governmental authorities therein, request aid from any other party state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.(b) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.(c) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.(d) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.(e) Any party state rendering outside aid pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such requests: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.(f) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer or employee was regularly employed.ARTICLE VII. SUPPLEMENTARY AGREEMENTS(a) To the extent that the board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate.No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the board. The board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the board.(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the board may administer or otherwise assist in the operation of any supplementary agreement.(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.(d) The provisions to this Article shall apply to supplementary agreements and activities thereunder, but shall not be construed to repeal or impair any authority which officers or agencies of party states may have pursuant to other laws to undertake cooperative arrangements or projects.ARTICLE VIII. OTHER LAWS AND RELATIONSNothing in this compact shall be construed to:(a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress; nor limit, diminish, affect, or otherwise impair, jurisdiction exercised by any officer or agency of a party state, except to the extent that the provisions of this compact may provide therefor.(c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions.(d) Permit or authorize the board to own or operate any facility, reactor, or installation for industrial or commercial purposes.ARTICLE IX. ELIGIBLE PARTIES,ENTRY INTO FORCE AND WITHDRAWAL(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: provided, that it shall not become initially effective until enacted into law by five states.(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.(d) Guam and American Samoa, or either of them may participate in the compact to such extent as may be mutually agreed by the board and the duly constituted authorities of Guam or American Samoa, as the case may be. However, such participation shall not include the furnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the board, unless it has become a full party to the compact.ARTICLE X. SEVERABILITY AND CONSTRUCTIONThe provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.
Utah Code § 19-5-108 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-108
§ 19-5-108. Discharge permits -- Requirements and procedure for issuance.
Status: in_force

(1) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for and require the submission of plans, specifications, and other information to the director in connection with the issuance of discharge permits. (2) A discharge permit shall have a fixed term not exceeding five years. Upon expiration of a discharge permit, a new permit, the permit may be renewed or may be issued by the director as authorized by the board after notice and an opportunity for public hearing and upon condition that the applicant meets or will meet the applicable requirements of this chapter, including the conditions of a permit granted by the board. (3) The board may require notice to the director of the introduction of pollutants into publicly-owned treatment works and identification to the director of the character and volume of any pollutant of any significant source subject to pretreatment standards under Subsection 307(b) of the federal Clean Water Act. The director shall provide in the permit for compliance with pretreatment standards. (4) The director may impose as conditions in permits for the discharge of pollutants from publicly-owned treatment works appropriate measures to establish and ensure compliance by industrial users with any system of user charges required under this chapter or the rules adopted under this chapter. (5) The director may apply and enforce against industrial users of publicly-owned treatment works, toxic effluent standards and pretreatment standards for the introduction into the treatment works of pollutants that interfere with, pass through, or otherwise are incompatible with the treatment works. (6) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for the permitting of storm water discharges into waters of the state. (7) The director shall administer storm water permits to be consistent with rules established by the board.
Utah Code § 19-1-604 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-604
§ 19-1-604. Environmental mitigation.
Status: in_force

(1) The director shall administer the fund created in Section 19-1-603. (2) The director may: (a) disburse funds to an authorized individual or public, private, or governmental entity, or Native American tribe to implement a specified environmental mitigation action in accordance with any terms and conditions associated with the funding source, as provided in Subsection 19-1-603(4); (b) expend funds to implement certain environmental mitigation actions in accordance with any terms and conditions associated with the funding source, as provided in Subsection 19-1-603(4); (c) expend funds to implement an environmental response action or site closure, in accordance with any terms and conditions associated with the funding source, as provided in Subsection 19-1-603(4); (d) expend funds to cover actual administrative expenditures in accordance with any terms and conditions associated with the funds as provided in Subsection 19-1-603(4); and (e) return unused funds to the funding source, if required under the terms and conditions as provided in Subsection 19-1-603(4). (3) For an environmental response action conducted pursuant to Subsection 19-1-604(2)(c), the director shall comply with applicable environmental cleanup standards described in this title. (4) If the director disburses funds to another state agency in accordance with Subsection (2)(a), that agency may expend the funds in accordance with any terms and conditions associated with the fund contributions as provided in Subsection 19-1-603(4), including returning any unused funds to the department. (5) Following the completion of an environmental mitigation and response action, any excess funds not returned to the funding source as provided in Subsection 19-1-603(4) shall be transferred to the Hazardous Substances Mitigation Fund, in accordance with Section 19-6-307.
Utah Code § 19-8-117 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-117
§ 19-8-117. Program report and budget allocations -- Fee schedule.
Status: in_force

(1) (a) For applications submitted on or after May 5, 1997 through June 30, 1998, the application fee under this chapter is $2,000. (b) Regarding applications submitted on and after July 1, 1998, the executive director shall annually calculate the costs to administer the voluntary cleanup program under this chapter and shall establish the fees for the program under Section 63J-1-504. (2) All fees under Subsection (1) shall be deposited in the account created under Section 19-8-103.
Utah Code § 19-6-109 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-109
§ 19-6-109. Inspections authorized -- Fines for a self-inspected facility.
Status: in_force

(1) A duly authorized officer, employee, or representative of the director may, at any reasonable time and upon presentation of appropriate credentials, enter upon and inspect any property, premise, or place on or at which solid or hazardous wastes are generated, transported, stored, treated, or disposed of, and have access to and the right to copy any records relating to the wastes, for the purpose of ascertaining compliance with this part and the rules of the board. (2) An inspector may also inspect any waste and obtain waste samples, including samples from any vehicle in which wastes are being transported or samples of any containers or labels. (3) Any person obtaining samples shall give to the owner, operator, or agent a receipt describing the sample obtained and, if requested, a portion of each sample of waste equal in volume or weight to the portion retained. (4) If any analysis is made of those samples, a copy of the results of that analysis shall be furnished promptly to the owner, operator, or agent in charge. (5) (a) Notwithstanding any other provision of this section, by January 1, 2019, the division shall ensure that an owner or operator of a solid waste management facility may elect to self-inspect the solid waste management facility. (b) (i) The division shall create a training program to teach the owner or operator of a solid waste management facility how to self-inspect the owner or operator's solid waste management facility. (ii) The training described in Subsection (5)(b)(i) shall be no longer than five hours total. (c) An owner or operator that elects to self-inspect a solid waste management facility under Subsection (5)(a) shall: (i) provide all information to the division that is required by this chapter and any rules issued by the board; and (ii) conduct the self-inspection annually and send a self-inspection report, certified by an individual who completed the training described in Subsection (5)(b)(i), to the division upon completion. (d) The division shall ensure that a solid waste management facility is inspected by an authorized division employee: (i) every three to five years, if the solid waste management facility does not elect to self-inspect under Subsection (5)(a); (ii) at least once every five years, regardless of whether the solid waste management facility elects to self-inspect under Subsection (5)(a); (iii) promptly upon receipt of a credible complaint about the solid waste management facility; and (iv) upon request by the solid waste management facility or upon issuance of a notice of violation. (6) (a) The division shall ensure that a fine assessed against a solid waste management facility that elects to self-inspect for a violation of this chapter or a rule made by the board is higher than the fine that would be assessed against a solid waste management facility that does not elect to self-inspect. (b) The division may determine that, upon a severe violation of this chapter or a rule made by the board by a facility that elects to self-inspect, that a facility is no longer eligible to self-inspect.
Utah Code § 19-3-110 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-110
§ 19-3-110. Criminal penalties.
Status: in_force

(1) Any person who knowingly violates any provision of Sections 19-3-104 through 19-3-113 or lawful orders or rules adopted by the department under those sections shall in a criminal proceeding: (a) for the first violation, be guilty of a class B misdemeanor; and (b) for a subsequent similar violation within two years, be guilty of a third degree felony. (2) In addition, a person is liable for any expense incurred by the department in removing or abating any violation. (3) Conviction under Sections 19-3-104 through 19-3-113 does not relieve the person convicted from civil liability for any act which was also a violation of the public health laws.
Utah Code § 19-6-302 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-302
§ 19-6-302. Definitions.
Status: in_force

As used in this part: (1) (a) "Abatement action" means to take steps or contract with someone to take steps to eliminate or mitigate the direct or immediate threat to the public health or the environment caused by a hazardous materials release. (b) "Abatement action" includes control of the source of the contamination. (2) "Bona fide prospective purchaser" has the meaning given in 42 U.S.C. Sec. 9601(40) of CERCLA, but with the substitution of "executive director" for "President" and "part" for "chapter," and including "hazardous materials" where the term "hazardous substances" appears. (3) "CERCLA" means 42 U.S.C. 9601 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act. (4) "Cleanup action" means action taken according to the procedures established in this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous material from a facility. (5) "Contiguous property owner" means a person who qualifies for the exemption from liability in 42 U.S.C. Sec. 9607(q)(1) of CERCLA, but with the substitution of "executive director" for "President" and "part" for "chapter." (6) "Enforcement action" means the procedures contained in Section 19-6-306 to enforce orders, rules, and agreements authorized by this part. (7) (a) "Facility" means: (i) any building, structure, installation, equipment, pipe, or pipeline, including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (ii) any site or area where a hazardous material or substance has been deposited, stored, disposed of, or placed, or otherwise come to be located. (b) "Facility" does not mean any consumer product in consumer use or any vessel. (8) "Fund" means the Hazardous Substances Mitigation Fund created by Section 19-6-307. (9) "Hazardous materials" means hazardous waste as defined in the Utah Hazardous Waste Management Regulations, PCBs, dioxin, asbestos, or a substance regulated under 42 U.S.C. Section 6991(7). (10) "Hazardous substances" means the definition of hazardous substances contained in CERCLA. (11) "Hazardous substances priority list" means a list of facilities meeting the criteria established by Section 19-6-311 that may be addressed under the authority of this part. (12) "Innocent landowner" means a person who qualifies for the exemption from liability in 42 U.S.C. Sec. 9607(b)(3) of CERCLA. (13) "National Contingency Plan" means the National Oil and Hazardous Substance Contingency plan established by CERCLA. (14) "National Priority List" means the list established by CERCLA. (15) "National priority list site" means a site in Utah that is listed on the National Priority List. (16) "Proposed national priority list site" means a site in Utah that has been proposed by the Environmental Protection Agency for listing on the National Priority List. (17) (a) "Release" means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of substances into the environment that is not authorized under state or federal law, rule, or regulation. (b) "Release" includes abandoning or discarding barrels, containers, and other closed receptacles containing any hazardous material or substance, unless the discard or abandonment is authorized under state or federal law, rule, or regulation. (18) "Remedial action" means action taken consistent with the substantive requirements of CERCLA according to the procedures established by this part to prevent, eliminate, minimize, mitigate, or clean up the release of a hazardous substance from a facility on the hazardous substances priority list. (19) "Remedial action plan" means a plan for remedial action consistent with the substantive requirements of CERCLA and approved by the executive director. (20) "Remedial investigation" means a remedial investigation and feasibility study as defined in the National Contingency Plan established by CERCLA. (21) (a) "Responsible party" means: (i) the owner or operator of a facility; (ii) any person who, at the time any hazardous substance or material was disposed of at the facility, owned or operated the facility; (iii) any person who arranged for disposal or treatment, or arranged with a transporter for transport, for disposal, or treatment of hazardous materials or substances owned or possessed by the person, at any facility owned or operated by another person and containing the hazardous materials or substances; or (iv) any person who accepts or accepted any hazardous materials or substances for transport to a facility selected by that person from which there is a release that causes the incurrence of response costs. (b) For hazardous materials or substances that were delivered by a motor carrier to any facility, "responsible party" does not include the motor carrier, and the motor carrier may not be considered to have caused or contributed to any release at the facility that results from circumstances or conditions beyond its control. (c) "Responsible party" under Subsections (21)(a)(i) and (ii) does not include: (i) any person who does not participate in the management of a facility and who holds indicia of ownership: (A) primarily to protect a security interest in a facility; or (B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; (ii) governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D) and 40 CFR 300.1105, National Contingency Plan; or (iii) any person, including a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan who holds indicia of ownership and did not participate in the management of a facility prior to foreclosure in accordance with 42 U.S.C. Sec. 9601(20)(E)(ii) of CERCLA. (d) The exemption created by Subsection (21)(c)(i)(B) does not apply to actions taken by the state or its officials or agencies under this part. (e) The terms "security interest," "participate in management," "foreclose," and "foreclosure" under this part are defined in accordance with 42 U.S.C. Sec. 9601(20)(E), (F), and (G) of CERCLA. (22) "Scored site" means a facility in Utah that meets the requirements of scoring established by the National Contingency Plan for placement on the National Priority List.
Utah Code § 19-4-110 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-110
§ 19-4-110. Local jurisdiction over water supply systems.
Status: in_force

Nothing in this chapter alters the authority of local jurisdictions to control water supply systems within the local jurisdiction provided that any local laws, ordinances, or rules and regulations are not inconsistent with this chapter and rules made under authority of this chapter.
Utah Code § 19-6-208 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-208
§ 19-6-208. Facilities subject to Industrial Facilities and Development Act.
Status: in_force

The financing, acquiring, constructing, reconstructing, improving, maintaining, equipping, or finishing of a hazardous waste treatment, disposal, or storage facility is deemed, where applicable, to be a "project," subject to the Utah Industrial Facilities and Development Act.
Utah Code § 19-6-118.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-118.5
§ 19-6-118.5. PCB disposal fee.
Status: in_force

(1) On and after July 1, 2011, the department shall establish a fee for disposal or treatment of wastes containing polychlorinated biphenyls in accordance with Section 63J-1-504. (2) The owner or operator of a facility receiving PCBs for disposal or treatment shall: (a) pay the fees imposed by this section to the department by the 15th day of the month following the month in which the fees accrued; and (b) with the fees required under this section, submit to the department, on a form prescribed by the department, information that verifies the amount of waste received and the fees that the owner or operator is required to pay. (3) The department shall deposit the fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108. (4) The owner or operator of a waste facility that is subject to a fee under this section is not subject to a fee for the same waste under Section 19-3-106, even if the waste contains radioactive materials.
Utah Code § 19-2-122 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-122
§ 19-2-122. Cooperative agreements between political subdivisions and department.
Status: in_force

(1) A political subdivision of the state may enter into and perform, with other political subdivisions of the state or with the department, contracts and agreements as they find proper for establishing, planning, operating, and financing air pollution programs. (2) The agreements may provide for an agency to: (a) supervise and operate an air pollution program; (b) prescribe the agency's powers and duties; and (c) fix the compensation of the agency's members and employees.
Utah Code § 19-15-101 — Utah Code / Title 19 / Chapter 19-15 / § 19-15-101
§ 19-15-101. Definitions.
Status: in_force

As used in this chapter: (1) "Applicant" means an individual or entity that applies for a pipeline or other permit as described in this chapter. (2) (a) "Midstream facility" means a facility, structure, or infrastructure used for the gathering, processing, treatment, storage, or transportation of petroleum products between the point of extraction or production and the point of distribution or end use, including: (i) pipelines; (ii) storage tanks; (iii) processing plants; (iv) compression stations; (v) pumping stations; and (vi) related equipment and infrastructure necessary for the operation of the facility. (b) "Midstream facility" does not include: (i) a gathering line, flowline, or associated surface equipment subject to the regulation of the Board of Oil, Gas, and Mining; or (ii) an underground storage facility, including salt caverns and associated injection wells, regulated by the Board of Oil, Gas, and Mining under Title 40, Mines and Mining.
Utah Code § 19-8-120 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-120
§ 19-8-120. Creation of Brownfields Fund -- Purposes -- Loan and grant eligibility -- Loan restrictions -- Rulemaking.
Status: in_force

(1) As used in this section, "brownfield" has the same meaning as in 42 U.S.C. Sec. 9601(39). (2) There is created an enterprise fund known as the Brownfields Fund. (3) The fund is created to enable the state to use federal funding as available to provide capital for a revolving loan fund and to provide funds for grants to carry out cleanup activities at brownfield sites. (4) The sources of fund money are: (a) federal grant money; (b) principal and interest received from the repayment of loans made under this section; and (c) all investment income derived from fund money. (5) The executive director may make loans and grants in accordance with this section from the fund to applicants who meet the criteria under the terms of the federal grant money in the fund. (6) The executive director shall consider loan and grant applications under Subsection (5) to determine whether the application meets the objectives established by the federal grant. (7) Loans made under this section shall: (a) be for no greater amount than allowed by the federal grant; (b) have a fixed annual interest rate as allowed by the federal grant; (c) have a term as allowed by the federal grant; (d) be made on the condition the loan applicant obtains adequate security for the loan as established by administrative rules made under Subsection (9); and (e) comply with administrative rules made under Subsection (9). (8) Grants made under this section shall: (a) be for no greater amount than allowed by the federal grant; and (b) comply with administrative rules made under Subsection (9). (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive director shall make rules establishing: (a) form, content, and procedure for loan and grant applications; (b) criteria and procedures for prioritizing loan and grant applications; (c) requirements and procedures for securing loans and grants; (d) procedures for making the loans; (e) procedures for administering and ensuring repayment of loans, including late payment penalties; and (f) procedures for recovering on defaulted loans. (10) The decisions of the executive director in loaning money from the fund, making grants, and otherwise administering the fund are not subject to Title 63G, Chapter 4, Administrative Procedures Act. (11) Funding for the cost of administration of the fund shall be consistent with the terms of the federal grant. (12) The executive director may enter into agreements with public entities or private funding organizations to perform any task associated with administration of the fund.
Utah Code § 19-6-107 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-107
§ 19-6-107. Director -- Appointment -- Powers.
Status: in_force

(1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) The director shall: (a) issue an order necessary to enforce this part; (b) enforce an order by appropriate administrative and judicial proceedings; (c) institute judicial proceedings to secure compliance with this part; (d) carry out inspections pursuant to Section 19-6-109; (e) require submittal of specifications or other information relating to hazardous waste plans for review, and approve, disapprove, revoke, or review the plans; (f) develop programs for solid waste and hazardous waste management and control within the state; (g) advise, consult, and cooperate with another agency of the state, the federal government, another state, an interstate agency, an affected group, an affected political subdivision, an affected industry, or other affected person in furtherance of the purposes of this part; (h) subject to the provisions of this part, enforce rules made or revised by the board through the issuance of orders; (i) review plans, specifications or other data relative to solid waste and hazardous waste control systems or any part of the systems as provided in this part; (j) under the direction of the executive director, represent the state in matters pertaining to interstate solid waste and hazardous waste management and control including, under the direction of the board, entering into interstate compacts and other similar agreements; and (k) as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the chair of the board. (3) The director may: (a) subject to Subsection 19-6-104(1)(e), settle or compromise any administrative or civil action initiated to compel compliance with this part and any rules adopted under this part; (b) employ full-time employees necessary to carry out this part; (c) authorize any employee or representative of the department to conduct inspections as permitted in this part; (d) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to solid waste and hazardous waste management and control necessary for the discharge of duties assigned under this part; (e) collect and disseminate information relating to solid waste and hazardous waste management control; and (f) cooperate with any person in studies and research regarding solid waste and hazardous waste management and control.
Utah Code § 19-4-104 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-104
§ 19-4-104. Powers of board.
Status: in_force

(1) (a) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) establishing standards that prescribe the maximum contaminant levels in a public water system and provide for monitoring, record-keeping, and reporting of water quality related matters; (ii) governing design, construction, operation, and maintenance of public water systems; (iii) granting variances and exemptions to the requirements established under this chapter that are not less stringent than those allowed under federal law; (iv) protecting watersheds and water sources used for public water systems; (v) governing capacity development in compliance with Section 1420 of the federal Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and (vi) for a community water system failing to comply with the reporting requirements under Subsections (1)(c)(iv) and (v): (A) establishing fines and penalties, including posting on the division's web page those community water systems that fail to comply with the reporting requirements; and (B) allowing a community water system, in lieu of penalties established under Subsection (1)(a)(vi)(A), to enter into a corrective action agreement with the director that requires compliance and establishes a compliance schedule approved by the director. (b) The board may: (i) hold a hearing that is not an adjudicative proceeding relating to an aspect of, or matter in, the administration of this chapter; (ii) appoint a hearing officer to conduct a hearing that is not an adjudicative proceeding; (iii) recommend that the director: (A) issue an order necessary to enforce this chapter; (B) enforce an order by appropriate administrative and judicial proceedings; (C) institute a judicial proceeding to secure compliance with this chapter; or (D) advise, consult, contract, and cooperate with another agency of the state, a local government, an industry, another state, an interstate or interlocal agency, the federal government, or an interested person; or (iv) request and accept financial assistance from other public agencies, private entities, and the federal government to carry out the purposes of this chapter. (c) The board shall: (i) require the submission to the director of plans and specifications for construction of, substantial addition to, or alteration of public water systems for review and approval by the director before that action begins and require any modifications or impose any conditions that may be necessary to carry out the purposes of this chapter; (ii) advise, consult, cooperate with, provide technical assistance to, and enter into agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies, municipalities, local health departments, educational institutions, and others necessary to carry out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of local jurisdictions; (iii) develop and implement an emergency plan to protect the public when declining drinking water quality or quantity creates a serious health risk and issue emergency orders if a health risk is imminent; (iv) require a community water system serving a population of 500 or more to annually collect accurate water use data, described in Subsection (7), and annually report that data to the Division of Water Rights; (v) require a certified operator, or a professional engineer performing the duties of a certified water operator, to verify by certification or license number the accuracy of water use data reported by a public water system, including the data required from a community water system under Subsection (1)(c)(iv); (vi) meet the requirements of federal law related or pertaining to drinking water; and (vii) to ensure compliance with applicable statutes and rules: (A) review a settlement negotiated by the director in accordance with Subsection 19-4-109(3) that requires a civil penalty equal to or greater than $25,000; and (B) approve or disapprove the settlement described in Subsection (1)(c)(vii)(A). (2) (a) The board may adopt standards and establish fees for certification of operators of a public water system. (b) The board may not require certification of operators for a water system serving a population of 800 or less except: (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.; and (ii) for a system that is required to treat its drinking water. (c) The certification program shall be funded from certification and renewal fees. (3) Routine extensions or repairs of existing public water systems that comply with the rules and do not alter the public water system's ability to provide an adequate supply of water are exempt from Subsection (1)(c)(i). (4) (a) The board may adopt standards and establish fees for certification of persons engaged in administering cross connection control programs or backflow prevention assembly training, repair, and maintenance testing. (b) The certification program shall be funded from certification and renewal fees. (5) The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under this chapter: (a) a permit; (b) a license; (c) a registration; (d) a certificate; or (e) another administrative authorization made by the director. (6) A board member may not speak or act for the board unless the board member is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board. (7) (a) The water use data required to be collected in Subsection (1)(c)(iv) shall include peak day source demand, average annual demand, the number of equivalent residential connections for retail service, and the quantity of non-revenue water. (b) The division may, by rule, establish: (i) other types of water use data required to be collected in addition to that listed in Subsection (7)(a); and (ii) alternative methods for calculating the water use data listed in Subsection (7)(a).
Utah Code § 19-1-405 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-405
§ 19-1-405. Air Quality Board duties -- Rulemaking.
Status: in_force

(1) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Air Quality Board may make rules to: (a) certify a motor vehicle on which conversion equipment has been installed if: (i) before the installation of conversion equipment, the motor vehicle does not exceed the emission cut points for: (A) a transient test driving cycle, as specified in 40 CFR 51, Appendix E to Subpart S; or (B) an equivalent test for the make, model, and year of the motor vehicle; and (ii) the motor vehicle's emissions of regulated pollutants, when operating with clean fuel, is less than the emissions were before the installation of conversion equipment; (b) recognize a test or standard that demonstrates a reduction in emissions; or (c) recognize a certification standard from another state. (2) A reduction in emissions under Subsection (1)(a)(ii) is demonstrated by: (a) certification of the conversion equipment by the federal Environmental Protection Agency or by a state whose certification standards are recognized by the Air Quality Board; (b) testing the motor vehicle, before and after the installation of the conversion equipment, in accordance with 40 CFR 86, Control of Air Pollution from New and In-use Motor Vehicle Engines: Certification and Test Procedures, using all fuel the motor vehicle is capable of using; or (c) any other test or standard recognized by the Air Quality Board in rule.
Utah Code § 19-8-112 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-112
§ 19-8-112. Denial of certificate of completion -- Appeal.
Status: in_force

(1) If the executive director determines the applicant has not successfully completed a voluntary cleanup in accordance with an agreement entered into under this chapter, the executive director shall: (a) notify the applicant and the current owner of the property that is the subject of the agreement of the denial of a certificate of completion; and (b) provide to the applicant a list in writing of the reasons for the denial. (2) The applicant may appeal the determination of the executive director as provided in Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 19-2a-108 — Utah Code / Title 19 / Chapter 19-2a / § 19-2a-108
§ 19-2a-108. Fugitive dust facility -- Definitions -- Signage requirement.
Status: in_force

(1) As used in this section: (a) "Division" means the Division of Air Quality created in Section 19-1-105. (b) "Fugitive dust" means particulate matter that becomes airborne from the mechanical disturbance or wind-blown disturbance of a material or surface. (c) "Fugitive dust control plan" means a plan that: (i) indicates the methods a fugitive dust facility uses to control and monitor fugitive dust; and (ii) complies with relevant state and federal law for a fugitive dust facility. (d) (i) "Fugitive dust facility" means a commercial facility or site: (A) larger than a quarter acre; (B) that produces fugitive dust; and (C) that the division requires to complete a fugitive dust control plan. (ii) "Fugitive dust facility" includes: (A) an aggregate operation that extracts, crushes, screens, grinds, stores, or transports rock material, including sand, gravel, stone, and other rock products; (B) an excavation site, including an excavation activity like trenching, grading, drilling, or earthmoving; and (C) a site for topsoil or bulk material handling, including stripping, loading, unloading, moving, or spreading soil, fill, or another bulk material. (iii) "Fugitive dust facility" does not include: (A) an agricultural or horticultural operation; and (B) the sanding or salting of a roadway for snow and ice control. (2) A fugitive dust facility shall post informational signage: (a) at an entryway to the fugitive dust facility that is clearly visible to the public; and (b) that includes the following information: (i) the name of the facility or site; (ii) a permit identification number; (iii) a business identification number; and (iv) the contact information for: (A) the facility manager or owner; and (B) the division.
Utah Code § 19-8-111 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-111
§ 19-8-111. Certificate of completion.
Status: in_force

(1) If the executive director determines that an applicant has completed a voluntary cleanup in accordance with the agreement entered into under this chapter, the executive director shall within 30 days after the determination issue to the applicant a certificate of completion. (2) The certificate of completion shall: (a) acknowledge the protection from liability provided by Section 19-8-113; (b) state the proposed future use of the property as defined under the voluntary cleanup agreement; (c) provide a legal description of the property and identify the owner of the property; and (d) state the applicant has complied with the voluntary cleanup agreement and has met the requirements of Sections 19-8-108 and 19-8-110. (3) The executive director shall upon issuance of the certificate of completion record a copy in the real property records of the county in which the site is located.
Utah Code § 19-5-104.5 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-104.5
§ 19-5-104.5. Legislative review and approval.
Status: in_force

(1) Before sending a total maximum daily load and implementation strategy to the EPA for review and approval, the Water Quality Board shall submit the total maximum daily load: (a) for review to the Natural Resources, Agriculture, and Environment Interim Committee if the total maximum daily load will require a public or private expenditure in excess of $10,000,000 but less than $100,000,000 for compliance; or (b) for approval to the Legislature if the total maximum daily load will require a public or private expenditure of $100,000,000 or more. (2) (a) As used in this Subsection (2): (i) "Expenditure" means the act of expending funds: (A) by an individual public facility with a Utah Pollutant Discharge Elimination System permit, or by a group of private agricultural facilities; and (B) through an initial capital investment, or through operational costs over a three-year period. (ii) "Utah Pollutant Discharge Elimination System" means the state permit system created in accordance with 33 U.S.C. Sec. 1342. (b) Before the board adopts a nitrogen or phosphorus rule or standard, the board shall submit the rule or standard as directed in Subsections (2)(c) and (d). (c) (i) If compliance with the rule or standard requires an expenditure in excess of $250,000, but less than $10,000,000, the board shall submit the rule or standard for review to the Natural Resources, Agriculture, and Environment Interim Committee. (ii) (A) Except as provided in Subsection (2)(c)(ii)(B), the Natural Resources, Agriculture, and Environment Interim Committee shall review a rule or standard the board submits under Subsection (2)(c)(i) during the Natural Resources, Agriculture, and Environment Interim Committee's committee meeting immediately following the day on which the board submits the rule or standard. (B) If the committee meeting described in Subsection (2)(c)(ii)(A) is within five days after the day on which the board submits the rule or standard for review, the Natural Resources, Agriculture, and Environment Interim Committee shall review the rule or standard during the committee meeting described in Subsection (2)(c)(ii)(A) or during the committee meeting immediately following the committee meeting described in Subsection (2)(c)(ii)(A). (d) If compliance with the rule or standard requires an expenditure of $10,000,000 or more, the board shall submit the rule or standard for approval to the Legislature. (e) (i) A facility shall estimate the cost of compliance with a board-proposed rule or standard described in Subsection (2)(b) using: (A) an independent, licensed engineer; and (B) industry-accepted project cost estimate methods. (ii) The board may evaluate and report on a compliance estimate described in Subsection (2)(e)(i). (f) If there is a discrepancy in the estimated cost to comply with a rule or standard, the Office of the Legislative Fiscal Analyst shall determine the estimated cost to comply with the rule or standard. (3) In reviewing a rule or standard, the Natural Resources, Agriculture, and Environment Interim Committee may: (a) consider the impact of the rule or standard on: (i) economic costs and benefit; (ii) public health; and (iii) the environment; (b) suggest additional areas of consideration; or (c) recommend the rule or standard to the board for: (i) adoption; or (ii) re-evaluation followed by further review by the Natural Resources, Agriculture, and Environment Interim Committee. (4) When the Natural Resources, Agriculture, and Environment Interim Committee sets the review of a rule or standard submitted under Subsection (2)(c)(i) as an agenda item, the committee shall: (a) before the review, directly inform the chairs of the General Oversight Committee of the coming review, including the date, time, and place of the review; and (b) after the review, directly inform the chairs of the General Oversight Committee of the outcome of the review, including any recommendation.
Utah Code § 19-6-118 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-118
§ 19-6-118. Hazardous waste and treated hazardous waste disposal fees.
Status: in_force

(1) (a) An owner or operator of any commercial hazardous waste or mixed waste disposal or treatment facility that primarily receives hazardous or mixed wastes generated by off-site sources not owned, controlled, or operated by the facility or site owner or operator, and that is subject to the requirements of Section 19-6-108, shall pay the fee under Subsection (2). (b) The owner or operator of each cement kiln, aggregate kiln, boiler, blender, or industrial furnace that receives for burning hazardous waste generated by off-site sources not owned, controlled, or operated by the owner or operator shall pay the fee under Subsection (2). (2) (a) In accordance with Section 63J-1-504, the department shall establish a fee schedule for the treatment and land disposal of hazardous waste and mixed waste. (b) To create the fee schedule described in Subsection (2)(a), the department shall, before establishing the fee schedule, complete a review of program costs and indirect costs of regulating hazardous waste and mixed waste in the state. (c) The fee schedule described in Subsection (2)(a) shall: (i) implement a flat fee not calculated according to the amount of waste treated or disposed; (ii) provide for reasonable and timely oversight by the department; and (iii) adequately meet the needs of industry and the department, including enabling the department to employ qualified personnel to appropriately oversee industry regulation. (d) A facility that treats or disposes of hazardous waste or mixed waste is authorized to collect the fee established under Subsection (2)(a) from the generator of the waste. (3) (a) The department shall allocate and pay to a county at least 10% of the fee established under Subsection (2)(a) that the department receives from a facility in that county. (b) The county may use fees allocated under this Subsection (3) to carry out its hazardous waste monitoring and response programs. (4) The department shall deposit the state portion of a fee received under this section into the Environmental Quality Restricted Account created in Section 19-1-108. (5) An owner or operator shall submit payment of the fee established in Subsection (2)(a) to the department: (a) in accordance with a schedule provided by the department; and (b) using forms provided by the department. (6) (a) The department shall oversee and monitor hazardous waste treatment, disposal, and incineration facilities, including federal government facilities located within the state. (b) The department may determine facility oversight priorities. (7) (a) The department, in preparing its budget for the governor and the Legislature, shall separately indicate the amount necessary to administer the hazardous waste program established by this part. (b) The Legislature shall appropriate the costs of administering this program. (8) The Office of Legislative Fiscal Analyst shall monitor a fee collected under this part. (9) Mixed waste subject to a fee under this section is not subject to a fee under Section 19-3-106.
Utah Code § 19-3-112 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-112
§ 19-3-112. Notification by the department to certain persons of release of radiation from Nevada Test Site -- Notification to certain news outlets.
Status: in_force

(1) When informed by the United States Department of Energy of any release of radiation exceeding the Nuclear Regulatory Commission's limits for unrestricted use in air or water from the Nevada Test Site which is detected outside its boundaries, the department shall, unless prohibited by federal law, immediately convey to the persons specified in Subsection (2) all information that is made available to it, including: (a) the date; (b) the time and duration of each release of radiation; (c) estimates of total amounts of radiation released; (d) the types and amounts of each isotope detected off-site; (e) the locations of monitoring stations detecting off-site radiation; and (f) current and projected wind direction, wind velocity, and precipitation for the region. (2) Unless prohibited by federal law, the department shall provide the information required under Subsection (1) to the following: (a) members of the Utah congressional delegation or their designated representatives; (b) the director of the Division of Emergency Management; (c) the attorney general; (d) the regional director of the Federal Emergency Management Agency; (e) the regional director of the National Oceanic and Atmospheric Administration; (f) the executive director of the Utah League of Cities and Towns; (g) the executive director of the Department of Health; and (h) the chairpersons of the county commissions of affected counties. (3) If the state is informed by the United States Department of Energy that any radiation released from the Nevada Test Site has been detected by the United States Department of Energy or United States Environmental Protection Agency or the department within the boundaries of the state of Utah, the department shall, unless prohibited by federal law, immediately provide all information available to it as specified in Subsection (1) to the Associated Press and United Press International outlets in the state.
Utah Code § 19-6-416 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-416
§ 19-6-416. Restrictions on delivery of petroleum -- Civil penalty.
Status: in_force

(1) (a) A person may not deliver petroleum to, place petroleum in, or accept petroleum for placement in a petroleum storage tank that is not identified in compliance with Subsection 19-6-411(7). (b) Beginning July 1, 2023, a person may not deliver petroleum to, place petroleum in, or accept petroleum for placement in an aboveground petroleum storage tank that is not in compliance with Subsection 19-6-407(2). (2) A person who delivers or accepts delivery of petroleum to a petroleum storage tank or places petroleum, including waste petroleum substances, in an underground storage tank or aboveground petroleum storage tank in violation of Subsection (1) is subject to a civil penalty of not more than $500 for each occurrence. (3) The director shall issue a notice of agency action assessing a civil penalty of not more than $500 against any person who delivers or accepts delivery of petroleum to a petroleum storage tank or places petroleum, including waste petroleum substances, in violation of Subsection (1) in a petroleum storage tank. (4) A civil penalty may not be assessed under this section against any person who in good faith delivers or places petroleum in a petroleum storage tank that is identified in compliance with Subsection 19-6-411(7) or 19-6-407(2) and rules made under the relevant subsection, whether or not the tank is in actual compliance with the other requirements of Section 19-6-411 or 19-6-407.
Utah Code § 19-3-304 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-304
§ 19-3-304. Licensing and approval by governor and Legislature -- Powers and duties of the department.
Status: in_force

(1) (a) A person may not construct or operate a waste transfer, storage, decay in storage, treatment, or disposal facility within the exterior boundaries of the state without applying for and receiving a construction and operating license from the state Department of Environmental Quality and also obtaining approval from the Legislature and the governor. (b) The Department of Environmental Quality may issue the license, and the Legislature and the governor may approve the license, only upon finding the requirements and standards of this part have been met. (2) The department shall by rule establish the procedures and forms required to submit an application for a construction and operating license under this part. (3) The department may make rules implementing this part as necessary for the protection of the public health and the environment, including: (a) rules for safe and proper construction, installation, repair, use, and operation of waste transfer, storage, decay in storage, treatment, and disposal facilities; (b) rules governing prevention of and responsibility for costs incurred regarding accidents that may occur in conjunction with the operation of the facilities; and (c) rules providing for disciplinary action against the license upon violation of any of the licensure requirements under this part or rules made under this part.
Utah Code § 19-12-302 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-302
§ 19-12-302. Application for certification of freestanding pollution control property.
Status: in_force

(1) The following may apply to the director for certification of freestanding pollution control property: (a) an owner, including a contract purchaser, of the freestanding pollution control property; (b) a person who leases the freestanding pollution control property; or (c) a person who operates the freestanding pollution control property under an agreement with a person described in Subsection (1)(a) or (b). (2) An application for certification under this section shall: (a) be in a form the director prescribes; and (b) contain: (i) a description of the freestanding pollution control property; (ii) for a purchase or lease of property, a part, a product, or a service for which a person seeks to claim a sales and use tax exemption under Section 19-12-201, a description of the property, part, product, or service; (iii) the existing or proposed operational procedure for the freestanding pollution control property; and (iv) a statement of the purpose served or to be served by the freestanding pollution control property. (3) The director may require an application to contain additional information the director finds necessary to determine whether to grant certification under Section 19-12-303. (4) This section does not apply to the certification of a pollution control facility.
Utah Code § 19-3-203 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-203
§ 19-3-203. Acceptance of low-level waste by facilities in party states -- Requirements for acceptance of waste generated outside region of party states -- Cooperation in determining site of facility required within region of party states -- Allowance of access to low-level waste and hazardous chemical waste disposal facilities by certain party states -- Establishment of fees and requirements by host states.
Status: in_force

(1) Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of that party state's own low-level waste, shall accept low-level waste generated in any party state if the waste has been packaged and transported according to applicable laws and regulations. (2) No facility located in any party state may accept low-level waste generated outside of the region comprised of the party states, except as provided in Section 19-3-204. (3) Until Subsection (2) takes effect, facilities located in any party state may accept low-level waste generated outside of any of the party states only if the waste is accompanied by a certificate of compliance issued by an official of the state in which the waste shipment originated. The certificate shall be in the form required by the host state, and shall contain at least the following: (a) the generator's name and address; (b) a description of the contents of the low-level waste container; (c) a statement that the low-level waste being shipped has been inspected by the official who issued the certificate or by his or her agent or by a representative of the United States Nuclear Regulatory Commission, and found to have been packaged in compliance with applicable federal regulations; (d) additional requirements imposed by the host state; and (e) a binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of the waste during shipment or after the waste reaches the facility. (4) (a) Each party state shall cooperate with the other party states in determining the appropriate site of any facility that may be required within the region comprised of the party states, in order to maximize public health and safety while minimizing the use of any party state as the host of the facilities on a permanent basis. (b) Each party state further agrees that decisions regarding low-level waste management facilities in its region will be reached through a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received. (5) (a) The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the state of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and Idaho which host hazardous chemical waste disposal facilities will allow access to the facilities by generators within other party states. (b) Nothing in this compact prevents any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure of the facilities, so long as the action by a host state is applied equally to all generators within the region comprised of the party states. (6) Any host state may establish a schedule of fees and requirements related to its facility, to assure that closure, perpetual care, maintenance, and contingency requirements are met including adequate bonding.
Utah Code § 19-6-413 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-413
§ 19-6-413. Tank tightness test -- Actions required after testing.
Status: in_force

(1) The owner or operator of any petroleum storage tank registered before July 1, 1991, shall submit to the director the results of a tank tightness test conducted: (a) on or after September 1, 1989, and before January 1, 1990, if the test meets requirements set by rule regarding tank tightness tests that were applicable during that period; or (b) on or after January 1, 1990, and before July 1, 1991. (2) The owner or operator of any petroleum storage tank registered on or after July 1, 1991, shall submit to the director the results of a tank tightness test conducted within the six months before the tank was registered or within 60 days after the date the tank was registered. (3) If the tank test performed under Subsection (1) or (2) shows no release of petroleum, the owner or operator of the petroleum storage tank shall submit a letter to the director at the same time the owner or operator submits the test results, stating that under customary business inventory practices standards, the owner or operator is not aware of any release of petroleum from the tank. (4) (a) If the tank test shows a release of petroleum from the petroleum storage tank, the owner or operator of the tank shall: (i) correct the problem; and (ii) submit evidence of the correction to the director. (b) When the director receives evidence from an owner or operator of a petroleum storage tank that the problem with the tank has been corrected, the director shall: (i) approve or disapprove the correction; and (ii) notify the owner or operator that the correction has been approved or disapproved. (5) The director shall review the results of the tank tightness test to determine compliance with this part and any rules adopted under the authority of Section 19-6-403. (6) If the owner or operator of the tank is required by 40 C.F.R., Part 280, Subpart D, to perform release detection on the tank, the owner or operator shall submit the results of the tank tests in compliance with 40 C.F.R., Part 280, Subpart D.
Utah Code § 19-8-115 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-115
§ 19-8-115. Rules -- Public notice -- Participation.
Status: in_force

The department shall make rules as necessary to administer this chapter. The rules shall include provisions for public participation by, and notice to, affected property owners regarding voluntary cleanup decisions.
Utah Code § 19-6-605 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-605
§ 19-6-605. Disposal by battery wholesaler.
Status: in_force

(1) A person selling lead acid batteries at wholesale may not dispose of a used lead acid battery except by delivery to: (a) a battery manufacturer for delivery to a secondary lead smelter that meets the state and federal permit requirements; (b) a collection or recycling facility; or (c) a secondary lead smelter that meets the state and federal permit requirements. (2) The wholesale lead acid battery distributor shall ensure removal of batteries received under Section 19-6-602 or 19-6-604 from the wholesale collection point.
Utah Code § 19-2-119 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-119
§ 19-2-119. Civil or criminal remedies not excluded -- Actionable rights under chapter -- No liability for acts of God or other catastrophes.
Status: in_force

(1) Existing civil or criminal remedies for a wrongful action that is a violation of the law are not excluded by this chapter. (2) Except as provided in Sections 19-1-301 and 19-1-301.5, and rules implementing those provisions, persons other than the state or the board do not acquire actionable rights by virtue of this chapter. (3) The liabilities imposed for violation of this chapter are not imposed for a violation caused by an act of God, war, strike, riot, or other catastrophe.
Utah Code § 19-6-323 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-323
§ 19-6-323. Department authority to enter cooperative agreements.
Status: in_force

The department, on behalf of the state, is authorized to undertake activities and enter into contracts and cooperative agreements with the federal Environmental Protection Agency as provided by the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, PL 96-510.
Utah Code § 19-6-722 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-722
§ 19-6-722. Criminal penalties.
Status: in_force

(1) A violation of any applicable provision of this part is a class A misdemeanor, except: (a) any violation involving hazardous waste is governed by provisions of this chapter that address hazardous waste; (b) any violation of Section 19-6-714 or 19-6-715 regarding the recycling fee is subject to penalties authorized under Section 19-6-716. (2) Any person who knowingly conducts any activities identified in Subsection 19-6-113(3) regarding hazardous waste in conjunction with any operations under this part is subject to the enforcement actions and penalties identified in Subsection 19-6-113(4). (3) All penalties collected under this section shall be deposited in the account created in Section 19-6-719.
Utah Code § 19-2-107.5 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-107.5
§ 19-2-107.5. Solid fuel burning.
Status: in_force

(1) The division shall create a public awareness campaign, in consultation with representatives of the solid fuel burning industry, the healthcare industry, and members of the clean air community, on best wood burning practices and the effects of wood burning on air quality, specifically targeting nonattainment areas. (2) (a) Subject to Subsection (2)(b), the division shall create a program to assist an individual to convert a dwelling to a natural gas, propane, or electric heating source, as funding allows, if the individual lives in a dwelling where wood burning is the sole or secondary source of heat. (b) In creating the program described in Subsection (2)(a), the division shall give preference to applicants who: (i) have an adjusted gross household income of 250% or less of the federal poverty level; (ii) live in a house where wood is the sole or supplemental source of heating; or (iii) live within six miles of the Great Salt Lake Base and Meridian. (3) (a) The division may not impose a burning ban prohibiting burning during a specified seasonal period of time. (b) Notwithstanding Subsection (3)(a), the division shall: (i) allow burning: (A) during local emergencies and utility outages; or (B) if the primary purpose of the burning is to cook food; and (ii) provide for exemptions, through registration with the division, for: (A) devices that are sole sources of heat; or (B) locations where natural gas service is limited or unavailable. (4) The division may seek private donations and federal sources of funding to supplement any funds appropriated by the Legislature to fulfill Subsection (2).
Utah Code § 19-6-508 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-508
§ 19-6-508. Resource recovery project operated by an improvement district.
Status: in_force

(1) As used in this section, "resource recovery project" means a project that consists of facilities for the handling, treatment and processing through anaerobic digestion, and resource recovery, of solid waste consisting primarily of organic matter. (2) An improvement district authorized to operate all or any part of a system for the collection, treatment, or disposition of sewage under Section 17B-2a-403 may own, acquire, construct, or operate a resource recovery project in accordance with this section. (3) An improvement district described in Subsection (2) may: (a) (i) own, acquire, construct, or operate a resource recovery project independently; or (ii) subject to Subsection (4), enter into a short- or long-term agreement for the ownership, acquisition, construction, management, or operation of a resource recovery project with: (A) a public agency, as defined in Section 11-13-103; (B) a private person; or (C) a combination of persons listed in Subsections (3)(a)(ii)(A) and (B); (b) accept and disburse money from a federal or state grant or any other source for the acquisition, construction, operation, maintenance, or improvement of a resource recovery project; (c) contract for the lease or purchase of land, a facility, or a vehicle for the operation of a resource recovery project; (d) establish one or more policies for the operation of a resource recovery project, including: (i) the hours of operation; (ii) the character and kind of waste accepted by the resource recovery project; and (iii) any policy necessary to ensure the safety of the resource recovery project personnel; (e) sell or contract for the sale of usable material, energy, fuel, or heat separated, extracted, recycled, or recovered from solid waste that consists primarily of organic matter in a resource recovery project; (f) issue a bond in accordance with Title 17B, Chapter 1, Part 11, Special District Bonds; (g) issue an industrial development revenue bond in accordance with Title 11, Chapter 17, Utah Industrial Facilities and Development Act, to pay the costs of financing a project, as defined in Section 11-17-2, that consists of a resource recovery project; (h) agree to construct and operate a resource recovery project that manages the solid waste of a public entity or a private person, in accordance with one or more contracts and other arrangements described in a proceeding according to which a bond is issued; and (i) contract for and accept solid waste that consists primarily of organic matter at a resource recovery project regardless of whether the solid waste is generated inside or outside the boundaries of the improvement district. (4) (a) An agreement described in Subsection (3)(a)(ii) shall: (i) contain provisions that the improvement district's board determines are in the best interests of the improvement district, including provisions that address: (A) the purposes of the agreement; (B) the duration of the agreement; (C) the method of appointing or employing necessary personnel; (D) the method of financing the resource recovery project, including the apportionment of costs of construction and operation; (E) the ownership interest of each owner in the resource recovery project and other property used in connection with the resource recovery project; (F) the procedures for the disposition of property when the agreement expires or is terminated, or when the resource recovery project ceases operation for any reason; (G) any agreement of the parties prohibiting or restricting the alienation or partition of the undivided interests of an owner in the resource recovery project; (H) the construction and repair of the resource recovery project, including, if the parties agree, a determination that one of the parties may construct or repair the resource recovery project as agent for all parties to the agreement; (I) the administration, operation, and maintenance of the resource recovery project, including, if the parties agree, a determination that one of the parties may administer, operate, and maintain the resource recovery project as agent for all parties to the agreement; (J) the creation of a committee of representatives of the parties to the agreement, including the committee's powers; (K) if the parties agree, a provision that if any party defaults in the performance or discharge of the party's obligations under the agreement, the other parties may perform or assume, pro rata or otherwise, the obligations of the defaulting party and may, if the defaulting party fails to remedy the default, succeed to or require the disposition of the rights and interests of the defaulting party in the resource recovery project; (L) provisions for indemnification of construction, operation, and administration agents for completing construction, handling emergencies, and allocating output of the resource recovery project among the parties to the agreement according to the ownership interests of the parties; (M) methods for amending and terminating the agreement; and (N) any other matter determined by the parties to the agreement to be necessary; and (ii) provide for an equitable method of allocating operation, repair, and maintenance costs of the resource recovery project. (b) A provision under Subsection (4)(a)(i)(G) is not subject to any law restricting covenants against alienation or partition. (c) An improvement district's ownership interest in a resource recovery project may not be less than the proportion of money or the value of property supplied by the improvement district for the acquisition and construction of the resource recovery project.
Utah Code § 19-8-116 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-116
§ 19-8-116. Reservation of applicant's and department's causes of action.
Status: in_force

(1) This chapter does not release, discharge, or in any way affect any claims, causes of action, or demands in law or equity the applicant or the department may have against any person not a party to the agreement, for any liability it may have arising out of or relating in any way to the generation, storage, treatment, handling, transportation, release, or disposal of any contaminants, including transportation to or from the site covered by the agreement. (2) Subject to Section 19-8-119, this chapter does not affect the applicant's right to seek contribution, indemnity, or any other available remedy against any party other than the department who is responsible or liable for contribution, indemnity, or otherwise for any amounts which have been or will be expended by the applicant in connection with the site.
Utah Code § 19-3-111 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-111
§ 19-3-111. Impounding of radioactive material.
Status: in_force

(1) The director may impound the radioactive material of any person if: (a) the material poses an imminent threat or danger to the public health or safety; or (b) that person is violating: (i) any provision of Sections 19-3-104 through 19-3-113; (ii) any rules or orders enacted or issued under the authority of those sections; or (iii) the terms of a license, permit, or registration certificate issued under the authority of those sections. (2) Before any dispositive action may be taken with regard to impounded radioactive materials, the director shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act and Section 19-1-301.
Utah Code § 19-11-102 — Utah Code / Title 19 / Chapter 19-11 / § 19-11-102
§ 19-11-102. Definitions.
Status: in_force

As used in this chapter: (1) The words "the compact" or "this compact" mean the Western Interstate Nuclear Compact. (2) The words "the board" mean the Western Interstate Nuclear Board.
Utah Code § 19-1-208 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-208
§ 19-1-208. License by endorsement.
Status: in_force

(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession regulated under this title. (2) Subject to Subsections (4) through (7), the department shall issue a license to an applicant who has been licensed in another state, district, or territory of the United States if: (a) the department determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the license sought in this state; (b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and (c) the applicant's license is in good standing in the other state, district, or territory. (3) Subject to Subsections (4) through (7), the department may issue a license to an applicant who: (a) has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) (A) the department determines that the applicant's education, experience, and skills demonstrate competency in the profession for which licensure is sought in this state; and (B) the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or (ii) the department determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the license sought in this state; or (b) has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and (ii) the department determines that the education or experience was substantially similar to the education or experience requirements for the license sought in this state. (4) The department may refuse to issue a license to an applicant under this section if: (a) the department determines that there is reasonable cause to believe that the applicant is not qualified to receive the license in this state; or (b) the applicant has a previous or pending disciplinary action related to the applicant's other license. (5) Before the department issues a license to an applicant under this section, the applicant shall: (a) pay a fee determined by the department under Section 63J-1-504; and (b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the profession for which licensure is sought in this state. (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section. (7) This section is subject to and may be supplemented or altered by licensure endorsement provisions or multistate licensure compacts in specific chapters of this title.
Utah Code § 19-6-607 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-607
§ 19-6-607. Penalty.
Status: in_force

(1) A violation of this part is a class B misdemeanor. (2) Each lead acid battery improperly disposed of or rejected by a lead acid battery wholesaler or retailer in violation of Section 19-6-603, 19-6-604, or 19-6-605 is a separate violation.
Utah Code § 19-2-117 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-117
§ 19-2-117. Attorney general as legal advisor to board -- Duties of attorney general and county attorneys.
Status: in_force

(1) Except as provided in Section 63G-7-902, the attorney general is the legal advisor to the board and the director and shall defend them or any of them in all actions or proceedings brought against them or any of them. (2) The county attorney in the county in which a cause of action arises may, upon request of the board or the director, bring an action, civil or criminal, to abate a condition which exists in violation of, or to prosecute for the violation of or to enforce, this chapter or the standards, orders, or rules of the board or the director issued under this chapter. (3) The director may bring an action and be represented by the attorney general. (4) In the event a person fails to comply with a cease and desist order of the board or the director that is not subject to a stay pending administrative or judicial review, the director may initiate an action for, and is entitled to, injunctive relief to prevent any further or continued violation of the order.
Utah Code § 19-1-204 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-204
§ 19-1-204. Legal advice and representation for department.
Status: in_force

(1) The attorney general is the legal adviser for the department and the executive director and shall defend them in all actions and proceedings brought against either of them. (2) The attorney general or the county attorney of the county in which a cause of action arises or a public offense occurs shall bring any civil or criminal action requested by the executive director or any board created in Section 19-1-106 to abate a condition which exists in violation of, or to prosecute for the violation of or for the enforcement of, the laws or standards, orders, and rules of the department.
Utah Code § 19-4-113 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-113
§ 19-4-113. Water source protection ordinance.
Status: in_force

(1) As used in this section, "municipality" means the same as that term is defined in Section 10-1-104. (2) (a) Before May 3, 2010, a first or second class county shall: (i) adopt an ordinance in compliance with this section after: (A) considering the rules established by the board to protect a watershed or water source used by a public water system; (B) consulting with a wholesale water supplier or retail water supplier whose drinking water source is within the county's jurisdiction; (C) considering the effect of the proposed ordinance on: (I) agriculture production within an agricultural protection area created under Title 17, Chapter 81, Agriculture, Industrial, and Critical Infrastructure Materials; and (II) a manufacturing, industrial, or mining operation within the county's jurisdiction; and (D) holding a public hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and (ii) file a copy of the ordinance with the board. (b) A municipality in a first or second class county may adopt an ordinance that a first or second class county is required to adopt by this section by following the procedures and requirements of this section. (3) (a) A county ordinance adopted in accordance with this section applies to the incorporated and unincorporated areas of the county unless a municipality adopts an ordinance in accordance with this section. (b) A municipal ordinance adopted in accordance with this section supercedes, within the municipality's jurisdiction, a county ordinance adopted in accordance with this section. (4) An ordinance required or authorized by this section at a minimum shall: (a) designate a drinking water source protection zone in accordance with Subsection (5) for a groundwater source that is: (i) used by a public water system; and (ii) located within the county's or municipality's jurisdiction; (b) contain a zoning provision regulating the storage, handling, use, or production of a hazardous or toxic substance within a drinking water source protection zone designated under Subsection (4)(a); and (c) authorize a retail water supplier or wholesale water supplier to seek enforcement of the ordinance provision required by Subsections (4)(a) and (b) in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, if the county or municipality: (i) notifies the retail water supplier or wholesale water supplier within 10 days of receiving notice of a violation of the ordinance that the county or municipality will not seek enforcement of the ordinance; or (ii) does not seek enforcement within two days of a notice of violation of the ordinance when the violation may cause irreparable harm to the groundwater source. (5) A county shall designate a drinking water source protection zone required by Subsection (4)(a) within: (a) a 100 foot radius from the groundwater source; and (b) a 250 day groundwater time of travel to the groundwater source if the supplier calculates the time of travel in the public water system's drinking water source protection plan in accordance with board rules. (6) A zoning provision required by Subsection (4)(b) is not subject to Subsection 17-81-302(3). (7) An ordinance authorized by Section 10-8-15 supercedes an ordinance required or authorized by this section to the extent that the ordinances conflict. (8) The board shall provide information, guidelines, and technical resources to a county or municipality preparing and implementing an ordinance in accordance with this section. (9) A third, fourth, fifth, or sixth class county or a municipality located within a third, fourth, fifth, or sixth class county may adopt an ordinance in accordance with this section to establish a drinking water source protection zone and take any other action allowed under this section.
Utah Code § 19-6-115 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-115
§ 19-6-115. Imminent danger to health or environment -- Authority of executive director to initiate action to restrain.
Status: in_force

Notwithstanding any other provision of this part, upon receipt of evidence that the handling, transportation, treatment, storage, or disposal of any solid or hazardous waste, or a release from an underground storage tank, is presenting an imminent and substantial danger to health or the environment, the executive director may bring suit on behalf of this state in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to immediately restrain any person contributing, or who has contributed, to that action to stop the handling, storage, treatment, transportation, or disposal or to take other action as appropriate.
Utah Code § 19-2-103 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-103
§ 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem and expenses.
Status: in_force

(1) The board consists of the following nine members: (a) the following non-voting member, except that the member may vote to break a tie vote between the voting members: (i) the executive director; or (ii) an employee of the department designated by the executive director; and (b) the following eight voting members, who shall be appointed or reappointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies: (i) one representative who: (A) is not connected with industry; (B) is an expert in air quality matters; and (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist with relevant training and experience; (ii) two government representatives who do not represent the federal government; (iii) one representative from the mining industry; (iv) one representative from the fuels industry; (v) one representative from the manufacturing industry; (vi) one representative from the public who represents: (A) an environmental nongovernmental organization; or (B) a nongovernmental organization that represents community interests and does not represent industry interests; and (vii) one representative from the public who is trained and experienced in public health. (2) A member of the board shall: (a) be knowledgeable about air pollution matters, as evidenced by a professional degree, a professional accreditation, or documented experience; (b) be a resident of Utah; (c) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201(1)(d)(i)(A); and (d) comply with all applicable statutes, rules, and policies, including the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest, and the conflict of interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B). (3) A majority of the members of the board may not derive any significant portion of their income from persons subject to permits or orders under this chapter. (4) (a) Members shall be appointed for a term of four years. (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years. (5) A member may serve more than one term. (6) A member shall hold office until the expiration of the member's term and until the member's successor is appointed, but not more than 90 days after the expiration of the member's term. (7) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term. (8) The board shall elect annually a chair and a vice chair from its members. (9) (a) The board shall meet at least quarterly. (b) Special meetings may be called by the chair upon the chair's own initiative, upon the request of the director, or upon the request of three members of the board. (c) Three days' notice shall be given to each member of the board before a meeting. (10) Five members constitute a quorum at a meeting, and the action of a majority of members present is the action of the board. (11) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 19-5-123 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-123
§ 19-5-123. Underground Wastewater Disposal System Restricted Account created -- Contents -- Use of account money.
Status: in_force

(1) The Underground Wastewater Disposal System Restricted Account is created within the General Fund. (2) The contents of the account shall consist of: (a) revenue from fees collected under Sections 19-5-121 and 19-5-122; and (b) interest and earnings on account money. (3) Money in the account shall be appropriated by the Legislature to the department for costs of training, testing, and certifying individuals who design, inspect, maintain, or conduct percolation or soils tests for underground wastewater disposal systems.
Utah Code § 19-6-111 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-111
§ 19-6-111. Variances -- Requirements for application -- Procedure.
Status: in_force

(1) (a) If the board determines that the application of, or compliance with, any requirements of this part would cause undue or unreasonable hardship to any person, it may issue a variance from any of those requirements. (b) No variance may be granted except upon application for it. (c) Immediately upon receipt of an application for a variance, the board shall give public notice of the application and provide an opportunity for a public hearing. (d) A variance granted for more than one year shall contain a timetable for coming into compliance with this part and shall be conditioned on adherence to that timetable. (2) (a) Any variance granted under this section may be renewed on terms and conditions and for periods which would be appropriate for the initial granting of a variance. (b) No renewal may be granted except on application for it. (c) Immediately upon receipt of an application for renewal, the board shall give public notice of the application and provide an opportunity for a public hearing. (3) (a) The board may review any variance during the term for which it was granted. (b) The procedure for review is the same as that for an original application and the variance previously granted may be revoked upon a finding that the conditions and the terms upon which the variance was granted are not being met. (4) (a) Any variance or renewal exists at the discretion of the board and is not a right of the applicant or holder. (b) However, any person adversely affected by the granting, denying, or revoking of any variance or renewal by the board may obtain judicial review of the board's decision by filing a petition in district court within 30 days from the date of notification of the decision. (c) The decision of the board may not be overturned upon review unless the court finds that the actions of the board were arbitrary or capricious.
Utah Code § 19-2-101 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-101
§ 19-2-101. Policy of state and purpose of chapter -- Support of local and regional programs -- Provision of coordinated statewide program.
Status: in_force

(1) It is the policy of this state and the purpose of this chapter to achieve and maintain levels of air quality which will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state, and facilitate the enjoyment of the natural attractions of this state. (2) Local and regional air pollution control programs shall be supported to the extent practicable as essential instruments to secure and maintain appropriate levels of air quality. (3) The purpose of this chapter is to: (a) provide for a coordinated statewide program of air pollution prevention, abatement, and control; (b) provide for an appropriate distribution of responsibilities among the state and local units of government; (c) facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions; and (d) provide a framework within which air quality may be protected and consideration given to the public interest at all levels of planning and development within the state.
Utah Code § 19-4-108 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-108
§ 19-4-108. Supplier -- Variance or exemption -- Failure to comply -- Violation of chapter -- Public notice.
Status: in_force

When a supplier has a variance or exemption granted, has failed to comply with the terms of a variance or exemption, or has been finally determined to have committed a violation of this chapter, the supplier shall provide public notice of that fact as provided by the rules of the board.
Utah Code § 19-3-301 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-301
§ 19-3-301. Restrictions on nuclear waste placement in state.
Status: in_force

(1) The placement, including transfer, storage, decay in storage, treatment, or disposal, within the exterior boundaries of Utah of high-level nuclear waste or greater than class C radioactive waste is prohibited. (2) Notwithstanding Subsection (1) the governor, after consultation with the county executive and county legislative body of the affected county and with concurrence of the Legislature, may specifically approve the placement as provided in this part, but only if: (a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the Nuclear Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A. 2011 et seq., for the placement within the exterior boundaries of Utah of high-level nuclear waste or greater than class C radioactive waste; and (ii) the authority of the federal Nuclear Regulatory Commission to grant a license under Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent jurisdiction; or (b) an agency of the federal government is transporting the waste, and all state and federal requirements to proceed with the transportation have been met. (3) The requirement for the approval of a final court of competent jurisdiction shall be met in all of the following categories, in order for a state license proceeding regarding waste to begin: (a) transfer or transportation, by rail, truck, or other mechanisms; (b) storage, including any temporary storage at a site away from the generating reactor; (c) decay in storage; (d) treatment; and (e) disposal. (4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category listed in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the governor, with the concurrence of the attorney general, shall certify in writing to the executive director of the Department of Environmental Quality that all of the requirements have been met, and that any necessary state licensing processes may begin. (b) Separate certification under this Subsection (4) shall be given for each category in Subsection (3). (5) (a) The department shall make, by rule, a determination of the dollar amount of the health and economic costs expected to result from a reasonably foreseeable accidental release of waste involving a transfer facility or storage facility, or during transportation of waste, within the exterior boundaries of the state. The department may initiate rulemaking under this Subsection (5)(a) on or after March 15, 2001. (b) (i) The department shall also determine the dollar amount currently available to cover the costs as determined in Subsection (5)(a): (A) under nuclear industry self-insurance; (B) under federal insurance requirements; and (C) in federal money. (ii) The department may not include any calculations of federal money that may be appropriated in the future in determining the amount under Subsection (5)(b)(i). (c) The department shall use the information compiled under Subsections (5)(a) and (b) to determine the amount of unfunded potential liability in the event of a release of waste from a storage or transfer facility, or a release during the transportation of waste. (6) (a) State agencies may not, for the purpose of providing any goods, services, or municipal-type services to a storage facility or transfer facility, or to any organization engaged in the transportation of waste, enter into any contracts or any other agreements prior to: (i) the satisfaction of the conditions in Subsection (4); and (ii) the executive director of the department having certified that the requirements of Sections 19-3-304 through 19-3-308 have been met for the purposes of a license application proceeding for a storage facility or transfer facility. (b) Political subdivisions of the state may not enter into any contracts or any other agreements for the purpose of providing any goods, services, or municipal-type services to a storage facility or transfer facility, or to any organization engaged in the transportation of waste. (c) This Subsection (6) does not prohibit a state agency from exercising the regulatory authority granted to it by law. (7) (a) Notwithstanding any other provision of law, any political subdivision may not be formed pursuant to the laws of Utah for the purpose of providing any goods, services, or municipal-type services to a storage facility or transfer facility prior to the satisfaction of the conditions in Subsection (4). These political subdivisions include: (i) a cooperative; (ii) a special district authorized by Title 17B, Limited Purpose Local Government Entities - Special Districts; (iii) a special service district under Title 17D, Chapter 1, Special Service District Act; (iv) a limited purpose local governmental entity authorized by Title 17, Counties; (v) any joint power agreement authorized by Title 11, Cities, Counties, and Local Taxing Units; and (vi) the formation of a municipality, or any authority of a municipality authorized by Title 10, Utah Municipal Code. (b) (i) Subsection (7)(a) shall be strictly interpreted. Any political subdivision authorized and formed under the laws of the state on or after March 15, 2001, which subsequently contracts to, or in any manner agrees to provide, or does provide goods, services, or municipal-type services to a storage facility or transfer facility is formed in violation of Subsection (7)(a). (ii) If the conditions of Subsection (7)(b)(i) apply, the persons who formed the political subdivision are considered to have knowingly violated a provision of this part, and the penalties of Section 19-3-312 apply. (8) (a) An organization may not be formed for the purpose of providing any goods, services, or municipal-type services to a storage facility or transfer facility prior to: (i) the satisfaction of the conditions in Subsection (4); and (ii) the executive director of the department having certified that the requirements of Sections 19-3-304 through 19-3-308 have been met. (b) A foreign organization may not be registered to do business in the state for the purpose of providing any goods, services, or municipal-type services to a storage facility or transfer facility prior to: (i) the satisfaction of the conditions in Subsection (4); and (ii) the executive director of the department having certified that the requirements of Sections 19-3-304 through 19-3-308 have been met. (c) The prohibitions of Subsections (8)(a) and (b) shall be strictly applied, and: (i) the formation of a new organization or registration of a foreign organization within the state, any of whose purposes are to provide goods, services, or municipal-type services to a storage facility or transfer facility may not be licensed or registered in the state, and the local or foreign organization is void and does not have authority to operate within the state; (ii) any organization which is formed or registered on or after March 15, 2001, and which subsequently contracts to, or in any manner agrees to provide, or does provide goods, services, or municipal-type services to a storage facility or transfer facility has been formed or registered in violation of Subsection (8)(a) or (b) respectively; and (iii) if the conditions of Subsection (8)(c)(ii) apply, the persons who formed the organization or the principals of the foreign organization, are considered to have knowingly violated a provision of this part, and are subject to the penalties in Section 19-3-312. (9) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type services to any organization engaging in, or attempting to engage in the placement of high-level nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility within the state are declared to be against the greater public interest, health, and welfare of the state, by promoting an activity which has the great potential to cause extreme public harm. (ii) These contracts or agreements under Subsection (9)(a)(i), whether formal or informal, are declared to be void from inception, agreement, or execution as against public policy. (b) (i) Any contract or other agreement to provide goods, services, or municipal-type services to storage or transfer facilities may not be executed within the state. (ii) Any contract or other agreement, existing or executed on or after March 15, 2001, is considered void from the time of agreement or execution. (10) (a) All contracts and agreements under Subsection (10)(b) are assessed an annual transaction fee of 75% of the gross value of the contract to the party providing the goods, services, or municipal-type services to the storage facility or transfer facility or transportation entity. The fee shall be assessed per calendar year, and is payable on a prorated basis on or before the last day of each month in accordance with rules established under Subsection (10)(d), and as follows: (i) 25% of the gross value of the contract to the department; and (ii) 50% of the gross value of the contract to the Department of Cultural and Community Engagement, to be used by the Utah Division of Indian Affairs as provided in Subsection (11). (b) Contracts and agreements subject to the fee under Subsection (10)(a) are those contracts and agreements to provide goods, services, or municipal-type services to a storage or transfer facility, or to any organization engaged in the transportation of high-level nuclear waste or greater than class C radioactive waste to a transfer facility or storage facility, and which: (i) are in existence on March 15, 2001; or (ii) become effective notwithstanding Subsection (9)(a). (c) Any governmental agency which regulates the charges to consumers for services provided by utilities or other organizations shall require the regulated utility or organization to include the fees under Subsection (10)(a) in the rates charged to the purchaser of the goods, services, or municipal-type services affected by Subsection (10)(b). (d) (i) The department, in consultation with the State Tax Commission, shall establish rules for the valuation of the contracts and assessment and collection of the fees, and other rules as necessary to determine the amount of and collection of the fee under Subsection (10)(a). The department may initiate rulemaking under this Subsection (10)(d)(i) on or after March 15, 2001. (ii) Persons and organizations holding contracts affected by Subsection (10)(b) shall make a good faith estimate of the fee under Subsection (10)(a) for calendar year 2001, and remit that amount to the department on or before July 31, 2001. (11) (a) The portion of the fees imposed under Subsection (10) which is to be paid to the Department of Cultural and Community Engagement for use by the Utah Division of Indian Affairs shall be used for establishment of a statewide community and economic development program for the tribes of Native American people within the exterior boundaries of the state who have by tribal procedure established a position rejecting siting of any nuclear waste facility on their reservation lands. (b) The program under Subsection (11)(a) shall include: (i) educational services and facilities; (ii) health care services and facilities; (iii) programs of economic development; (iv) utilities; (v) sewer; (vi) street lighting; (vii) roads and other infrastructure; and (viii) oversight and staff support for the program. (12) It is the intent of the Legislature that this part does not prohibit or interfere with a person's exercise of the rights under the First Amendment to the Constitution of the United States or under Utah Constitution Article I, Sec. 15, by an organization attempting to site a storage facility or transfer facility within the borders of the state for the placement of high-level nuclear waste or greater than class C radioactive waste.
Utah Code § 19-6-502.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-502.5
§ 19-6-502.5. Solid waste management facility not a public utility.
Status: in_force

A solid waste management facility is not a public utility as defined in Section 54-2-1.
Utah Code § 19-1-301.5 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-301.5
§ 19-1-301.5. Permit review adjudicative proceedings.
Status: in_force

(1) As used in this section: (a) "Dispositive action" means a final agency action that: (i) the executive director takes as part of a special adjudicative proceeding; and (ii) is subject to judicial review, in accordance with Subsection (16). (b) "Dispositive motion" means a motion that is equivalent to: (i) a motion to dismiss under Utah Rules of Civil Procedure, Rule 12(b)(6); (ii) a motion for judgment on the pleadings under Utah Rules of Civil Procedure, Rule 12(c); or (iii) a motion for summary judgment under Utah Rules of Civil Procedure, Rule 56. (c) "Financial assurance determination" means a decision on whether a facility, site, plan, party, broker, owner, operator, generator, or permittee has met financial assurance or financial responsibility requirements as determined by the director of the Division of Waste Management and Radiation Control. (d) "Party" means: (i) the director who issued the permit order or financial assurance determination that is being challenged in the special adjudicative proceeding under this section; (ii) the permittee; (iii) the person who applied for the permit, if the permit was denied; (iv) the person who is subject to a financial assurance determination; or (v) a person granted intervention by the administrative law judge. (e) "Permit" means any of the following issued under this title: (i) a permit; (ii) a plan; (iii) a license; (iv) an approval order; or (v) another administrative authorization made by a director. (f) (i) "Permit order" means an order issued by a director that: (A) approves a permit; (B) renews a permit; (C) denies a permit; (D) modifies or amends a permit; or (E) revokes and reissues a permit. (ii) "Permit order" does not include an order terminating a permit. (g) "Special adjudicative proceeding" means a proceeding under this section to resolve a challenge to a: (i) permit order; or (ii) financial assurance determination. (2) This section governs special adjudicative proceedings. (3) Except as expressly provided in this section, the provisions of Title 63G, Chapter 4, Administrative Procedures Act, do not apply to a special adjudicative proceeding under this section. (4) If a public comment period was provided during the permit application process or the financial assurance determination process, a person who challenges an order or determination may only raise an issue or argument during the special adjudicative proceeding that: (a) the person raised during the public comment period; and (b) was supported with information or documentation that is cited with reasonable specificity and sufficiently enables the director to fully consider the substance and significance of the issue. (5) (a) Upon request by a party, the executive director shall issue a notice of appointment appointing an administrative law judge, in accordance with Subsections 19-1-301(5) and (6), to conduct a special adjudicative proceeding under this section. (b) The executive director shall issue a notice of appointment within 30 days after the day on which a party files a request. (c) A notice of appointment shall include: (i) the agency's file number or other reference number assigned to the special adjudicative proceeding; (ii) the name of the special adjudicative proceeding; and (iii) the administrative law judge's name, title, mailing address, email address, and telephone number. (6) (a) Only the following may file a petition for review of a permit order or financial assurance determination: (i) a party; or (ii) a person who is seeking to intervene under Subsection (7). (b) A person who files a petition for review of a permit order or a financial assurance determination shall file the petition for review within 30 days after the day on which the permit order or the financial assurance determination is issued. (c) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules allowing the extension of the filing deadline described in Subsection (6)(b). (d) A petition for review shall: (i) be served in accordance with department rule; (ii) include the name and address of each person to whom a copy of the petition for review is sent; (iii) if known, include the agency's file number or other reference number assigned to the special adjudicative proceeding; (iv) state the date on which the petition for review is served; (v) include a statement of the petitioner's position, including, as applicable: (A) the legal authority under which the petition for review is requested; (B) the legal authority under which the agency has jurisdiction to review the petition for review; (C) each of the petitioner's arguments in support of the petitioner's requested relief; (D) an explanation of how each argument described in Subsection (6)(d)(v)(C) was preserved; (E) a detailed description of any permit condition to which the petitioner is objecting; (F) any modification or addition to a permit that the petitioner is requesting; (G) a demonstration that the agency's permit decision is based on a finding of fact or conclusion of law that is clearly erroneous; (H) if the agency director addressed a finding of fact or conclusion of law described in Subsection (6)(d)(v)(G) in a response to public comment, a citation to the comment and response that relates to the finding of fact or conclusion of law and an explanation of why the director's response was clearly erroneous or otherwise warrants review; and (I) a claim for relief. (e) A person may not raise an issue or argument in a petition for review unless the issue or argument: (i) was preserved in accordance with Subsection (4); or (ii) was not reasonably ascertainable before or during the public comment period. (f) To demonstrate that an issue or argument was preserved in accordance with Subsection (4), a petitioner shall include the following in the petitioner's petition for review: (i) a citation to where the petitioner raised the issue or argument during the public comment period; and (ii) for each document upon which the petitioner relies in support of an issue or argument, a description that: (A) states why the document is part of the administrative record; and (B) demonstrates that the petitioner cited the document with reasonable specificity in accordance with Subsection (4)(b). (7) (a) A person who is not a party may not participate in a special adjudicative proceeding under this section unless the person is granted the right to intervene under this Subsection (7). (b) A person who seeks to intervene in a special adjudicative proceeding under this section shall, within 30 days after the day on which the permit order or the financial assurance determination being challenged was issued, file: (i) a petition to intervene that: (A) meets the requirements of Subsection 63G-4-207(1); and (B) demonstrates that the person is entitled to intervention under Subsection (7)(d)(ii); and (ii) a timely petition for review. (c) In a special adjudicative proceeding to review a permit order, the permittee is a party to the special adjudicative proceeding regardless of who files the petition for review and does not need to file a petition to intervene under Subsection (7)(b). (d) An administrative law judge shall grant a petition to intervene in a special adjudicative proceeding, if: (i) the petition to intervene is timely filed; and (ii) the petitioner: (A) demonstrates that the petitioner's legal interests may be substantially affected by the special adjudicative proceeding; (B) demonstrates that the interests of justice and the orderly and prompt conduct of the special adjudicative proceeding will not be materially impaired by allowing the intervention; and (C) in the petitioner's petition for review, raises issues or arguments that are preserved in accordance with Subsection (4). (e) An administrative law judge: (i) shall issue an order granting or denying a petition to intervene in accordance with Subsection 63G-4-207(3)(a); and (ii) may impose conditions on intervenors as described in Subsections 63G-4-207(3)(b) and (c). (f) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules allowing the extension of the filing deadline described in Subsection (7)(b). (8) (a) Unless the parties otherwise agree, or the administrative law judge otherwise orders, a special adjudicative proceeding shall be conducted as follows: (i) the director shall file and serve the administrative record within 40 days after the day on which the executive director issues a notice of appointment, unless otherwise ordered by the administrative law judge; (ii) any dispositive motion shall be filed and served within 15 days after the day on which the administrative record is filed and served; (iii) the petitioner shall file and serve an opening brief of no more than 30 pages: (A) within 30 days after the day on which the director files and serves the administrative record; or (B) if a party files and serves a dispositive motion, within 30 days after the day on which the administrative law judge issues a decision on the dispositive motion, including a decision to defer the motion; (iv) each responding party shall file and serve a response brief of no more than 30 pages within 15 days after the day on which the petitioner files and serves the opening brief; (v) the petitioner may file and serve a reply brief of not more than 15 pages within 15 days after the day on which the response brief is filed and served; and (vi) if the petitioner files and serves a reply brief, each responding party may file and serve a surreply brief of no more than 15 pages within five business days after the day on which the petitioner files and serves the reply brief. (b) (i) A reply brief may not raise an issue that was not raised in the response brief. (ii) A surreply brief may not raise an issue that was not raised in the reply brief. (9) (a) An administrative law judge shall conduct a special adjudicative proceeding based only on the administrative record and not as a trial de novo. (b) To the extent relative to the issues and arguments raised in the petition for review, the administrative record consists of the following items, if they exist: (i) (A) for review of a permit order, the permit application, draft permit, and final permit; or (B) for review of a financial assurance determination, the proposed financial assurance determination from the owner or operator of the facility, the draft financial assurance determination, and the final financial assurance determination; (ii) each statement of basis, fact sheet, engineering review, or other substantive explanation designated by the director as part of the basis for the decision relating to the permit order or the financial assurance determination; (iii) the notice and record of each public comment period; (iv) the notice and record of each public hearing, including oral comments made during the public hearing; (v) written comments submitted during the public comment period; (vi) responses to comments that are designated by the director as part of the basis for the decision relating to the permit order or the financial assurance determination; (vii) any information that is: (A) requested by and submitted to the director; and (B) designated by the director as part of the basis for the decision relating to the permit order or the financial assurance determination; (viii) any additional information specified by rule; (ix) any additional documents agreed to by the parties; and (x) information supplementing the record under Subsection (9)(c). (c) (i) There is a rebuttable presumption against supplementing the record. (ii) A party may move to supplement the record described in Subsection (9)(b) with technical or factual information. (iii) The administrative law judge may grant a motion to supplement the record described in Subsection (9)(b) with technical or factual information if the moving party proves that: (A) good cause exists for supplementing the record; (B) supplementing the record is in the interest of justice; and (C) supplementing the record is necessary for resolution of the issues. (iv) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules permitting further supplementation of the record. (10) (a) Except as otherwise provided by this section, the administrative law judge shall review and respond to a petition for review in accordance with Subsections 63G-4-201(3)(d) and (e), following the relevant procedures for formal adjudicative proceedings. (b) The administrative law judge shall require the parties to file responsive briefs in accordance with Subsection (8). (c) If an administrative law judge enters an order of default against a party, the administrative law judge shall enter the order of default in accordance with Section 63G-4-209. (d) The administrative law judge, in conducting a special adjudicative proceeding: (i) may not participate in an ex parte communication with a party to the special adjudicative proceeding regarding the merits of the special adjudicative proceeding unless notice and an opportunity to be heard are afforded to all parties; and (ii) shall, upon receiving an ex parte communication, place the communication in the public record of the proceeding and afford all parties an opportunity to comment on the information. (e) In conducting a special adjudicative proceeding, the administrative law judge may take judicial notice of matters not in the administrative record, in accordance with Utah Rules of Evidence, Rule 201. (f) An administrative law judge may take any action in a special adjudicative proceeding that is not a dispositive action. (11) (a) A person who files a petition for review has the burden of demonstrating that an issue or argument raised in the petition for review has been preserved in accordance with Subsection (4). (b) The administrative law judge shall dismiss, with prejudice, any issue or argument raised in a petition for review that has not been preserved in accordance with Subsection (4). (12) In response to a dispositive motion, within 45 days after the day on which oral argument takes place, or, if there is no oral argument, within 45 days after the day on which the reply brief on the dispositive motion is due, the administrative law judge shall: (a) submit a proposed dispositive action to the executive director recommending full or partial resolution of the special adjudicative proceeding, that includes: (i) written findings of fact; (ii) written conclusions of law; and (iii) a recommended order; or (b) if the administrative law judge determines that a full or partial resolution of the special adjudicative proceeding is not appropriate, issue an order that explains the basis for the administrative law judge's determination. (13) For each issue or argument that is not dismissed or otherwise resolved under Subsection (11)(b) or (12), the administrative law judge shall: (a) provide the parties an opportunity for briefing and oral argument in accordance with this section; (b) conduct a review of the director's order or determination, based on the record described in Subsections (9)(b), (9)(c), and (10)(e); and (c) within 60 days after the day on which the reply brief on the dispositive motion is due, submit to the executive director a proposed dispositive action, that includes: (i) written findings of fact; (ii) written conclusions of law; and (iii) a recommended order. (14) (a) When the administrative law judge submits a proposed dispositive action to the executive director, the executive director may: (i) adopt, adopt with modifications, or reject the proposed dispositive action; or (ii) return the proposed dispositive action to the administrative law judge for further action as directed. (b) On review of a proposed dispositive action, the executive director shall uphold all factual, technical, and scientific agency determinations that are not clearly erroneous based on the petitioner's marshaling of the evidence. (c) In reviewing a proposed dispositive action during a special adjudicative proceeding, the executive director may take judicial notice of matters not in the record, in accordance with Utah Rules of Evidence, Rule 201. (d) The executive director may use the executive director's technical expertise in making a determination. (15) (a) Except as provided in Subsection (15)(b), the executive director may not participate in an ex parte communication with a party to a special adjudicative proceeding regarding the merits of the special adjudicative proceeding, unless notice and opportunity to be heard are afforded to all parties involved in the proceeding. (b) The executive director may discuss ongoing operational matters that require the involvement of a division director without violating Subsection (15)(a). (c) Upon receiving an ex parte communication from a party to a proceeding, the executive director shall place the communication in the public record of the proceeding and afford all parties to the proceeding with an opportunity to comment on the communication. (16) (a) A party may seek judicial review in the Utah Court of Appeals of a dispositive action in a special adjudicative proceeding, in accordance with Sections 63G-4-401, 63G-4-403, and 63G-4-405. (b) An appellate court shall limit its review of a dispositive action of a special adjudicative proceeding under this section to: (i) the record described in Subsections (9)(b), (9)(c), (10)(e), and (14)(c); and (ii) the record made by the administrative law judge and the executive director during the special adjudicative proceeding. (c) During judicial review of a dispositive action, the appellate court shall: (i) review all agency determinations in accordance with Subsection 63G-4-403(5), recognizing that the agency has been granted substantial discretion to interpret its governing statutes and rules; and (ii) uphold all factual, technical, and scientific agency determinations that are not clearly erroneous based upon the petitioner's marshaling of the evidence. (17) (a) The filing of a petition for review does not: (i) stay a permit order or a financial assurance determination; or (ii) delay the effective date of a permit order or a portion of a financial assurance determination. (b) A permit order or a financial assurance determination may not be stayed or delayed unless a stay is granted under this Subsection (17). (c) The administrative law judge shall: (i) consider a party's motion to stay a permit order or a financial assurance determination during a special adjudicative proceeding; and (ii) within 45 days after the day on which the reply brief on the motion to stay is due, submit a proposed determination on the stay to the executive director. (d) The administrative law judge may not recommend to the executive director a stay of a permit order or a financial assurance determination, or a portion of a permit order or a portion of a financial assurance determination, unless: (i) all parties agree to the stay; or (ii) the party seeking the stay demonstrates that: (A) the party seeking the stay will suffer irreparable harm unless the stay is issued; (B) the threatened injury to the party seeking the stay outweighs whatever damage the proposed stay is likely to cause the party restrained or enjoined; (C) the stay, if issued, would not be adverse to the public interest; and (D) there is a substantial likelihood that the party seeking the stay will prevail on the merits of the underlying claim, or the case presents serious issues on the merits, which should be the subject of further adjudication. (e) A party may appeal the executive director's decision regarding a stay of a permit order or a financial assurance determination to the Utah Court of Appeals, in accordance with Section 78A-4-103. (18) (a) Subject to Subsection (18)(c), the administrative law judge shall issue a written response to a non-dispositive motion within 45 days after the day on which the reply brief on the non-dispositive motion is due or, if the administrative law judge grants oral argument on the non-dispositive motion, within 45 days after the day on which oral argument takes place. (b) If the administrative law judge determines that the administrative law judge needs more time to issue a response to a non-dispositive motion, the administrative law judge may issue a response after the deadline described in Subsection (18)(a) if, before the deadline expires, the administrative law judge gives notice to the parties that includes: (i) the amount of additional time that the administrative law judge requires; and (ii) the reason the administrative law judge needs the additional time. (c) If the administrative law judge grants oral argument on a non-dispositive motion, the administrative law judge shall hold the oral argument within 30 days after the day on which the reply brief on the non-dispositive motion is due.
Utah Code § 19-1-203 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-203
§ 19-1-203. Representatives of department authorized to enter regulated premises.
Status: in_force

(1) Authorized representatives of the department, upon presentation of appropriate credentials, may enter at reasonable times upon the premises of properties regulated under this title to perform inspections to insure compliance with rules made by the department. (2) The inspection authority provided in this section does not apply to chapters in this title which provide for specific inspection procedures and authority.
Utah Code § 19-6-416.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-416.5
§ 19-6-416.5. Restrictions on petroleum storage tank installation companies -- Civil penalty.
Status: in_force

(1) An individual or petroleum storage tank installation company may not install a petroleum storage tank without having a valid petroleum storage tank installation company permit. (2) An individual or petroleum storage tank installation company who installs a petroleum storage tank in violation of Subsection (1) is subject to a civil penalty of $500 per petroleum storage tank. (3) The director shall issue a notice of agency action assessing a civil penalty of $500 against a petroleum storage tank installation company or individual who installs a petroleum storage tank in violation of Subsection (1).
Utah Code § 19-1-304 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-304
§ 19-1-304. Principal and branch offices of department.
Status: in_force

(1) The principal office of the department shall be in Salt Lake County. (2) The department may establish branch offices at other places in the state to furnish comprehensive and effective environmental programs and to coordinate with and assist local health officers.
Utah Code § 19-3-316 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-316
§ 19-3-316. Cost recovery.
Status: in_force

The owner or transporter or any person in possession of waste is liable, consistent with the provisions of federal law, for any expense, damages, or injury incurred by the state, its political subdivisions, or any person as a result of a release of the waste.
Utah Code § 19-1-507 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-507
§ 19-1-507. Civil action.
Status: in_force

(1) The attorney general or a person may bring a civil action in a court of competent jurisdiction to seek: (a) an injunction to enforce this part; and (b) if the action is brought by the attorney general, a civil penalty not to exceed $500 for each day this part is violated. (2) In an action brought under this section, a court may: (a) order injunctive relief; (b) impose a civil penalty to the extent provided in Subsection (1); (c) award attorney fees and costs to the attorney general or person who brings the civil action, if the attorney general or person prevails; or (d) take a combination of actions under this Subsection (2). (3) Except as provided in Subsection 19-1-303.5(2) and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty imposed under this section into the General Fund.
Utah Code § 19-3-306 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-306
§ 19-3-306. Information and findings required for approval by the department.
Status: in_force

The department may not issue a construction and operating license unless information in the application: (1) demonstrates the availability and adequacy of emergency services, including medical, security, and fire response, and environmental cleanup capabilities both at and in the region of the proposed site and for areas involved in the transport of wastes within the state; (2) establishes financial assurance for operation and closure of the facility and for responding to emergency conditions in transportation and at the facility as required by department rules, including proof the applicant: (a) possesses substantial resources that are sufficient to respond to any reasonably foreseeable injury or loss resulting from operation of the facility; and (b) will maintain these resources throughout the term of the facility; (3) provides evidence the wastes will not cause or contribute to an increase in mortality, an increase in illness, or pose a present or potential hazard to human health or the environment; (4) provides evidence the personnel employed at the facility have appropriate and sufficient education and training for the safe and adequate handling of the wastes; (5) demonstrates the public benefits of the proposed facility, including the lack of other available sites or methods for the management of the waste that would be less detrimental to the public health or safety or to the quality of the environment; (6) demonstrates the technical feasibility of the proposed waste management technology; (7) demonstrates conformance with federal laws, regulations, and guidelines for a waste facility; (8) demonstrates conclusively that any facility is temporary and provides identified plans and alternatives for closure of the facility with an enforceable schedule and identified dates for closure, including evidence that: (a) an identified party has irrevocably agreed to accept the waste at the end of the temporary storage period; and (b) the waste will be moved to another facility; (9) demonstrates that: (a) the applicant is not a limited liability company, limited partnership, or other entity with limited liability; and (b) the applicant and its officers and directors and those principals or other entities that are participating in and associated with the applicant regarding the facility are willing to accept unlimited strict liability, consistent with federal law, for any financial losses or human losses or injuries resulting from operation of any proposed facility; (10) provides evidence the applicant has posted a cash bond in the amount of at least two billion dollars or in a greater amount as determined by department rule to be necessary to adequately respond to any reasonably foreseeable releases or losses, or the closure of the facility; (11) provides evidence the applicant and its officers and directors, the owners or entities responsible for the generation of the waste, principals, and any other entities participating in or associated with the applicant, including landowners, lessors, and contractors, consent in writing to the jurisdiction of the state courts of Utah for any claims, damages, private rights of action, state enforcement actions, or other proceedings relating to the construction, operation, and compliance of the proposed facility; and (12) demonstrates that any person or entity which sends wastes to a facility shall remain the owner of and responsible for the waste and its ultimate disposal and is willing to accept unlimited, strict liability, consistent with federal law, for any financial or human losses, liabilities, or injuries resulting from the wastes for the entire time period the waste is at the facility.
Utah Code § 19-6-807 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-807
§ 19-6-807. Waste Tire Recycling Fund.
Status: in_force

(1) There is created an expendable special revenue fund entitled the "Waste Tire Recycling Fund." (2) The fund shall consist of: (a) the proceeds of: (i) a fee imposed under Section 19-6-805; and (ii) a fee imposed under Section 19-6-806; and (b) penalties collected under this part. (3) Money in the fund shall be used for: (a) partial reimbursement of the costs of transporting, processing, recycling, or disposing of waste tires as provided in this part; and (b) payment of administrative costs of local health departments as provided in Section 19-6-817. (4) The Legislature may appropriate money from the fund to pay for: (a) the costs of the Department of Environmental Quality in administering and enforcing this part; and (b) other operational costs of the Department of Environmental Quality, if the Legislature estimates there is a deficit in the Department of Environmental Quality's budget for the current or next fiscal year.
Utah Code § 19-3-319 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-319
§ 19-3-319. State response to nuclear release and hazards.
Status: in_force

(1) The state finds that the placement of high-level nuclear waste inside the exterior boundaries of the state is an ultra-hazardous activity which may result in catastrophic economic and environmental damage and irreparable human injury in the event of a release of waste, and which may result in serious long-term health effects to workers at any transfer or storage facility, or to workers involved in the transportation of the waste. (2) (a) The state finds that procedures for providing funding for the costs incurred by any release of waste, or for the compensation for the costs of long-term health effects are not adequately addressed by existing law. (b) Due to these concerns, the state has established a restricted account under Subsection 19-3-309(3), known as the Nuclear Accident and Hazard Compensation Account, and referred to in this section as the compensation account. One of the purposes of this account is to partially or wholly compensate workers for these potential costs, as funds are available and appropriated for these purposes. (3) (a) The department shall require the applicant, and parent and subsidiary organizations of the applicant, to pay to the department not less than 75% of the unfunded potential liability, as determined under Subsection 19-3-301(5), in the form of cash or cash equivalents. The payment shall be made within 30 days after the date of the issuance of a license under this part. (b) The department shall credit the amount due under Subsection 19-3-306(10) against the amount due under this Subsection (3). (c) If the payments due under this Subsection (3) are not made within 30 days, as required, the executive director of the department shall cancel the license. (4) (a) The department shall also require an annual fee from the holder of any license issued under this part. This annual fee payment shall be calculated as: (i) the aggregate amount of the annual payments required by Title 34A, Chapter 2, Workers' Compensation Act, of the licensee and of all parties contracted to provide goods, services, or municipal-type services to the licensee, regarding their employees who are working within the state at any time during the calendar year; and (ii) multiplied by the number of storage casks of waste present at any time and for any period of time within the exterior borders of the state during the year for which the fee is assessed. (b) (i) The licensee shall pay the fee under Subsection (4)(a) to the department. The department shall deposit the fee in the compensation account created in Subsection 19-3-309(3). (ii) The fee shall be paid to the department on or before March 31 of each calendar year. (5) The department shall use the fees paid under Subsection (4) to provide medical or death benefits, or both, as is appropriate to the situation, to the following persons for death or any long term health conditions of an employee proximately caused by the presence of the high-level nuclear waste or greater than class C radioactive waste within the state, or a release of this waste within the state that affects an employee's physical health: (a) any employee of the holder of any license issued under this part, or employees of any parties contracting to provide goods, services, transportation, or municipal-type services to the licensee, if the employee is within the state at any time during the calendar year as part of his employment; or (b) that employee's family or beneficiaries. (6) Payment of the fee under Subsection (4) does not exempt the licensee from compliance with any other provision of law, including Title 34A, Chapter 2, Workers' Compensation Act, regarding workers' compensation. (7) (a) An agreement between an employer and an employee, the employee's family, or beneficiaries requiring the employee to waive benefits under this section, requiring the employee to seek third party coverage, or requiring an employee contribution is void. (b) Any employer attempting to secure any agreement prohibited under Subsection (7)(a) is subject to the penalties of Section 19-3-312. (8) (a) The department, in consultation with the Division of Industrial Accidents within the Labor Commission, shall by rule establish procedures regarding application for benefits, standards for eligibility, estimates of annual payments, and payments. (b) Payments under this section are in addition to any other payments or benefits allowed by state or federal law, notwithstanding provisions in Title 34A, Chapter 2, Workers' Compensation Act, regarding workers' compensation. (c) Payments or obligations to pay under this section may not exceed funds appropriated for these purposes by the Legislature. (9) (a) Any fee or payment imposed under this section does not apply to any Utah-based nonprofit trade association due to the membership in the organization of a member that is engaging in, or attempting to engage in, the placement of high-level nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility within the state. (b) Subsection (9)(a) does not apply to a nonprofit trade association if that association takes any affirmative action to promote or assist any individual or organization in efforts to conduct any activity prohibited by this part. (c) A member of any Utah-based nonprofit trade association is not exempt from any fee or payment under this section due to membership in the association.
Utah Code § 19-10-102 — Utah Code / Title 19 / Chapter 19-10 / § 19-10-102
§ 19-10-102. Definitions.
Status: in_force

As used in this chapter: (1) "Environmental institutional control" or "institutional control" means, with respect to real property, a deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and: (a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and (b) (i) limits the use of the real property, groundwater, or surface water; (ii) limits activities that may be performed on or at the property; or (iii) requires maintenance of an engineering or other control. (2) "Executive director" means the executive director of the Department of Environmental Quality or the executive director's designated representative.
Utah Code § 19-1-201 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-201
§ 19-1-201. Powers and duties of department -- Rulemaking authority -- Committee -- Monitoring environmental impacts of inland port.
Status: in_force

(1) The department shall: (a) enter into cooperative agreements with the Department of Health and Human Services to delineate specific responsibilities to assure that assessment and management of risk to human health from the environment are properly administered; (b) consult with the Department of Health and Human Services and enter into cooperative agreements, as needed, to ensure efficient use of resources and effective response to potential health and safety threats from the environment, and to prevent gaps in protection from potential risks from the environment to specific individuals or population groups; (c) enter into a cooperative agreement with each local health department that: (i) recognizes that the department and local health departments are the foundation for providing environmental health programs in this state; (ii) delineates the responsibilities of the department and each local health department, including those described in Subsection 26A-1-106(3), for the efficient delivery of environmental programs using federal, state, and local authorities, responsibilities, and resources; (iii) provides for the delegation of authority to local health departments for environmental programs, to the extent allowed by applicable law, identified in the plan, and requested by the local health department; (iv) recognizes the authority granted to a local health department under Section 26A-1-108; (v) passes through any federal, state, or other funding and resources to local health departments, as necessary and to the extent allowed by applicable law, for the efficient delivery of environmental programs; and (vi) is reviewed and updated annually; (d) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as follows: (i) for a board created in Section 19-1-106, rules regarding: (A) board meeting attendance; and (B) conflicts of interest procedures; (ii) procedural rules that govern: (A) an adjudicative proceeding, consistent with Section 19-1-301; and (B) a special adjudicative proceeding, consistent with Section 19-1-301.5; and (iii) for the expedited permit review process described in Subsection 19-1-309(7); (e) ensure that training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required: (i) under this title; (ii) by the department; or (iii) by an agency or division within the department; and (f) subject to Subsection (2), establish annual fees that conform with Title V of the Clean Air Act for each regulated pollutant as defined in Section 19-2-109.1, applicable to a source subject to the Title V program. (2) (a) A fee established under Subsection (1)(f) is in addition to a fee assessed under Subsection (3)(i) for issuance of an approval order. (b) In establishing a fee under Subsection (1)(f), the department shall comply with Section 63J-1-504 that requires a public hearing and requires the established fee to be submitted to the Legislature for the Legislature's approval as part of the department's annual appropriations request. (c) A fee established under this section shall cover the reasonable direct and indirect costs required to develop and administer the Title V program and the small business assistance program established under Section 19-2-109.2. (d) A fee established under Subsection (1)(f) shall be established for all sources subject to the Title V program and for all regulated pollutants. (e) An emission fee may not be assessed for a regulated pollutant if the emissions are already accounted for within the emissions of another regulated pollutant. (f) An emission fee may not be assessed for any amount of a regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollutant. (g) An emission fee shall be based on actual emissions for a regulated pollutant unless a source elects, before the issuance or renewal of a permit, to base the fee during the period of the permit on allowable emissions for that regulated pollutant. (h) The fees collected by the department under Subsection (1)(f) and penalties collected under Subsection 19-2-109.1(3) shall be deposited into the General Fund as the Air Pollution Operating Permit Program dedicated credit to be used solely to pay for the reasonable direct and indirect costs incurred by the department in developing and administering the program and the small business assistance program under Section 19-2-109.2. (3) The department may: (a) investigate matters affecting the environment; (b) investigate and control matters affecting the public health when caused by environmental hazards; (c) prepare, publish, and disseminate information to inform the public concerning issues involving environmental quality; (d) establish and operate programs, as authorized by this title, necessary for protection of the environment and public health from environmental hazards; (e) use local health departments in the delivery of environmental health programs to the extent provided by law; (f) enter into contracts with local health departments, in addition to a cooperative agreement required under Subsection (1)(c), or others to meet responsibilities established under this title; (g) acquire real and personal property by purchase, gift, devise, and other lawful means; (h) prepare and submit to the governor a proposed budget to be included in the budget submitted by the governor to the Legislature; (i) in accordance with Section 63J-1-504, establish a schedule of fees that may be assessed for actions and services of the department that are reasonable, fair, and reflect the cost of services provided; (j) for an owner or operator of a source subject to a fee established by Subsection (3)(i) who fails to timely pay that fee, assess a penalty of not more than 50% of the fee, in addition to the fee, plus interest on the fee computed at 12% annually; (k) prescribe by rule reasonable requirements not inconsistent with law relating to environmental quality for local health departments; (l) perform the administrative functions of the boards established by Section 19-1-106, including the acceptance and administration of grants from the federal government and from other sources, public or private, to carry out the board's functions; (m) upon the request of a board or a division director, provide professional, technical, and clerical staff and field and laboratory services, the extent of which are limited by the money available to the department for the staff and services; and (n) establish a supplementary fee, not subject to Section 63J-1-504, to provide service that the person paying the fee agrees by contract to be charged for the service to efficiently use department resources, protect department permitting processes, address extraordinary or unanticipated stress on permitting processes, or make use of specialized expertise. (4) In providing service under Subsection (3)(n), the department may not provide service in a manner that impairs another person's service from the department. (5) (a) As used in this Subsection (5): (i) "Environmental impacts" means: (A) impacts on air quality, including impacts associated with air emissions; and (B) impacts on water quality, including impacts associated with storm water runoff. (ii) "Inland port" means the same as that term is defined in Section 11-58-102. (iii) "Inland port area" means the area in and around the inland port that bears the environmental impacts of destruction, construction, development, and operational activities within the inland port. (iv) "Monitoring facilities" means: (A) for monitoring air quality, a sensor system consisting of monitors to measure levels of research-grade particulate matter, ozone, and oxides of nitrogen, and data logging equipment with internal data storage that are interconnected at all times to capture air quality readings and store data; and (B) for monitoring water quality, facilities to collect groundwater samples, including in existing conveyances and outfalls, to evaluate sediment, metals, organics, and nutrients due to storm water. (b) The department shall: (i) develop and implement a sampling and analysis plan to: (A) characterize the environmental baseline for air quality and water quality in the inland port area; (B) characterize the environmental baseline for only air quality for the Salt Lake International Airport; and (C) define the frequency, parameters, and locations for monitoring; (ii) establish and maintain monitoring facilities to measure the environmental impacts in the inland port area arising from destruction, construction, development, and operational activities within the inland port; (iii) publish the monitoring data on the department's website; and (iv) provide at least annually before November 30 a written report summarizing the monitoring data to: (A) the Utah Inland Port Authority board, established under Title 11, Chapter 58, Part 3, Port Authority Board; and (B) the Legislative Management Committee.
Utah Code § 19-6-303 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-303
§ 19-6-303. Rulemaking provisions.
Status: in_force

The executive director may regulate hazardous substances releases by making rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the substantive requirements of CERCLA, to establish the requirements for remedial investigation studies and remedial action plans.
Utah Code § 19-3-104 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-104
§ 19-3-104. Registration and licensing of radiation sources by department -- Assessment of fees -- Rulemaking authority and procedure -- Siting criteria -- Indirect and direct costs.
Status: in_force

(1) As used in this section: (a) "Decommissioning" includes financial assurance. (b) "Source material" and "byproduct material" mean the same as those terms are defined in the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2014, as amended. (2) The division may require the registration or licensing of radiation sources that constitute a significant health hazard. (3) A source of ionizing radiation, including an ionizing radiation producing machine, shall be registered or licensed by the department. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules: (a) necessary for controlling exposure to sources of radiation that constitute a significant health hazard; (b) to meet the requirements of federal law relating to radiation control to ensure the radiation control programs under this part are qualified to maintain primacy from the federal government; (c) to establish certification procedure and qualifications for persons who survey mammography equipment and oversee quality assurance practices at mammography facilities; and (d) as necessary regarding the possession, use, transfer, or delivery of source and byproduct material and the disposal of byproduct material to establish requirements for: (i) the licensing, operation, decontamination, and decommissioning, including financial assurances; and (ii) the reclamation of sites, structures, and equipment used in conjunction with the activities described in this Subsection (4). (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and byproduct material and the disposal of byproduct material at uranium mills or commercial waste facilities, as provided in this Subsection (5). (b) If the Nuclear Regulatory Commission does not grant the amendment for state agreement status on or before March 30, 2003, fees under Subsection (5)(c) do not apply and are not required to be paid until on and after the later date of: (i) October 1, 2003; or (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for agreement state status for uranium recovery regulation. (c) For the payment periods beginning on and after July 1, 2003, the department shall establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject to the restrictions under Subsection (5)(b). (d) The division shall deposit fees the division receives under this Subsection (5) into the Environmental Quality Restricted Account created in Section 19-1-108. (6) (a) The division shall assess fees for registration, licensing, and inspection of radiation sources under this section. (b) The division shall comply with the requirements of Section 63J-1-504 in assessing fees for licensure and registration. (c) The division shall deposit fees the division receives under this Subsection (6) into the Environmental Quality Restricted Account created in Section 19-1-108. (7) (a) Except as provided in Subsection (8), the board may not adopt rules, for the purpose of the state assuming responsibilities from the United States Nuclear Regulatory Commission with respect to regulation of sources of ionizing radiation, that are more stringent than the corresponding federal regulations that address the same circumstances. (b) In adopting rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may incorporate corresponding federal regulations by reference. (8) (a) The board may adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are more stringent than corresponding federal regulations for the purpose described in Subsection (7) only if the board makes a written finding after public comment and hearing and based on evidence in the record that corresponding federal regulations are not adequate to protect public health and the environment of the state. (b) The findings described in Subsection (8)(a) shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record that form the basis for the board's conclusion. (9) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall by rule: (i) authorize independent qualified experts to conduct inspections required under this chapter of x-ray facilities registered with the division; and (ii) establish qualifications and certification procedures necessary for independent experts to conduct the inspections described in Subsection (9)(a)(i). (b) Independent experts under this Subsection (9) are not considered employees or representatives of the division or the state when conducting the inspections. (10) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may by rule establish criteria for siting commercial low-level radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section 19-3-103.7. (b) Subject to Subsection 19-3-105(10), any facility under Subsection (10)(a) for which a radioactive material license is required by this section shall comply with criteria established under this Subsection (10). (c) Subject to Subsection 19-3-105(10), a facility may not receive a radioactive material license until siting criteria have been established by the board. The criteria also apply to facilities that have applied for but not received a radioactive material license. (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules that: (a) establish financial assurance requirements for closure and postclosure care of radioactive waste land disposal facilities; and (b) establish financial assurance requirements for closure and postclosure care of an unlicensed facility. (12) The rules described in Subsection (11) shall include the following provisions: (a) the financial assurance shall be based on an annual estimate and shall include closure and postclosure costs in areas subject to the licensed or permitted portions of the facility; (b) financial assurance for an unlicensed facility that supports the operation of a licensed or permitted facility shall include the estimated cost of: (i) the removal of structures; (ii) the testing of structures, roads, and property to ensure no radiological contamination has occurred outside of the licensed area; and (iii) stabilization and water infiltration control; (c) financial assurance cost estimates for a single approved waste disposal unit for which the volume of waste already placed and proposed to be placed in the unit within the surety period is less than the full waste capacity of the unit shall reflect the closure and postclosure costs for a waste disposal unit smaller than the approved waste disposal unit, if the unit could be reduced in size, meet closure requirements, and reduce closure costs; (d) financial assurance cost estimates for two approved adjacent waste disposal units that have been approved to be combined into a single unit and for which the combined volume of waste already placed and proposed to be placed in the units within the surety period is less than the combined waste capacity for the two separate units shall reflect either two separate waste disposal units or a single combined unit, whichever has the lowest closure and postclosure costs; (e) the licensee or permittee shall annually propose closure and postclosure costs upon which financial assurance amounts are based, including costs of potential remediation at the licensed or permitted facility and, notwithstanding the obligations described in Subsection (12)(b), any unlicensed facility; (f) to provide the information in Subsection (12)(e), the licensee or permittee shall provide: (i) a proposed annual cost estimate using the current edition of RS Means Facilities Construction Cost Data or using a process, including an indirect cost multiplier, previously agreed to between the licensee or permittee and the director; or (ii) (A) for an initial financial assurance determination and for each financial assurance determination every five years thereafter, a proposed competitive site-specific estimate for closure and postclosure care of the facility at least once every five years; and (B) for each year between a financial assurance determination described in Subsection (12)(f)(ii)(A), a proposed financial assurance estimate that accounts for current site conditions and that includes an annual inflation adjustment to the financial assurance determination using the Gross Domestic Product Implicit Price Deflator of the Bureau of Economic Analysis, United States Department of Commerce, calculated by dividing the latest annual deflator by the deflator for the previous year; and (g) the director shall: (i) annually review the licensee's or permittee's proposed closure and postclosure estimate; and (ii) approve the estimate if the director determines that the estimate would be sufficient to provide for closure and postclosure costs. (13) Subject to the financial assurance requirements described in Subsections (11) and (12), if the director and the licensee or permittee do not agree on a final financial assurance determination made by the director, the licensee or permittee may appeal the determination in: (a) an arbitration proceeding governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act, with the costs of the arbitration to be split equally between the licensee or permittee and the division, if both the licensee or permittee and the director agree in writing to arbitration; or (b) a special adjudicative proceeding under Section 19-1-301.5.
Utah Code § 19-6-604 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-604
§ 19-6-604. Disposal by battery retailer.
Status: in_force

(1) A lead acid battery retailer may not dispose of a used lead acid battery except by delivery to: (a) a lead acid battery wholesaler; (b) a lead acid battery manufacturer for delivery to a secondary lead smelter that meets state and federal permit requirements; (c) a collection or recycling facility; or (d) a secondary lead smelter that meets state and federal permit requirements. (2) Removal or disposal of acid or other contents from lead acid batteries shall be done only in accordance with board rules. (3) A lead acid battery retailer shall ensure removal of lead acid batteries received under Section 19-6-602 or 19-6-603 from the retail collection point.
Utah Code § 19-4-102 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-102
§ 19-4-102. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Drinking Water Board appointed under Section 19-4-103. (2) "Community water system" means a public water system that serves residents year-round. (3) "Contaminant" means a physical, chemical, biological, or radiological substance or matter in water. (4) "Director" means the director of the Division of Drinking Water. (5) "Division" means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). (6) (a) "Groundwater source" means an underground opening from or through which groundwater flows or is pumped from a subsurface water-bearing formation. (b) "Groundwater source" includes: (i) a well; (ii) a spring; (iii) a tunnel; or (iv) an adit. (7) "Maximum contaminant level" means the maximum permissible level of a contaminant in water that is delivered to a user of a public water system. (8) (a) "Public water system" means a system providing water for human consumption and other domestic uses that: (i) has at least 15 service connections; or (ii) serves an average of 25 individuals daily for at least 60 days of the year. (b) "Public water system" includes: (i) a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and (ii) a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. (9) "Retail water supplier" means a person that: (a) supplies water for human consumption and other domestic uses to an end user; and (b) has more than 500 service connections. (10) "Supplier" means a person who owns or operates a public water system. (11) "Wholesale water supplier" means a person that provides most of that person's water to a retail water supplier.
Utah Code § 19-8-108 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-108
§ 19-8-108. Voluntary agreement -- Procedure and establishment.
Status: in_force

(1) (a) Before the executive director may evaluate any detailed plan or report regarding the remediation goals and proposed methods of remediation, the applicant and the executive director shall have entered into a voluntary cleanup agreement under this chapter. (b) The agreement shall establish the terms and conditions for the evaluation of investigation, remediation, and status reports. (2) Before the applicant may initiate any response action covered by an agreement, a voluntary cleanup agreement shall have been signed by the applicant and the executive director, except that the applicant may take emergency measures as necessary, but shall coordinate these measures with the appropriate emergency response authorities. (3) A voluntary cleanup agreement shall provide for: (a) recovery by the department of all reasonable costs: (i) incurred in the voluntary cleanup in the review and oversight of the applicant's work plan and reports and as a result of the department's field activities regarding the cleanup; (ii) attributable to the voluntary cleanup agreement; and (iii) in excess of the amount of fees submitted by the applicant under Section 19-8-107; and (b) a schedule of payments by the applicant to the department, to be made by the applicant for recovery of all department costs attributable to the voluntary cleanup program, including: (i) direct and indirect costs of overhead, salaries, equipment, and utilities; (ii) legal, management, and support costs; and (iii) appropriate tasks, deliverables, and schedules. (4) A voluntary cleanup agreement shall: (a) identify all statutes and rules with which the applicant shall comply; (b) describe any work plan or report the applicant shall submit to the executive director for review, including a final report that provides all information necessary for the executive director to confirm that all work contemplated by the voluntary cleanup agreement has been completed; (c) include a schedule for submitting the information required by Subsection (4)(b); and (d) state the technical standards to be applied in evaluating the work plans and reports. (5) If an agreement under this section is not established between the applicant and the executive director within 30 days after good faith negotiations between the parties have been initiated: (a) the applicant or the executive director may, upon providing written notice to the other party, withdraw from the negotiations; and (b) the applicant's application fee is not refundable. (6) The department may not initiate an enforcement action against an applicant regarding a contamination or release, or any activity that resulted in the contamination or release if the applicant: (a) is in compliance with this chapter regarding the contamination or release; and (b) has entered into a voluntary cleanup agreement that is in effect under this chapter regarding the contamination or release.
Utah Code § 19-5-113 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-113
§ 19-5-113. Power of director to enter property for investigation -- Records and reports required of owners or operators.
Status: in_force

(1) The director or the director's authorized representative has, after presentation of credentials, the authority to enter at reasonable times upon any private or public property for the purpose of: (a) sampling, inspecting, or investigating matters or conditions relating to pollution or the possible pollution of any waters of the state, effluents or effluent sources, monitoring equipment, or sewage sludge; and (b) reviewing and copying records required to be maintained under this chapter. (2) (a) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that require a person managing sewage sludge, or the owner or operator of a disposal system, including a system discharging into publicly owned treatment works, to: (i) establish and maintain reasonable records and make reports relating to the operation of the system or the management of the sewage sludge; (ii) install, use, and maintain monitoring equipment or methods; (iii) sample, and analyze effluents or sewage sludges; and (iv) provide other information reasonably required. (b) The records, reports, and information shall be available to the public except as provided in Subsection 19-1-306(2) or Subsections 63G-2-305(1) and (2), Government Records Access and Management Act, as appropriate, for other than effluent information.
Utah Code § 19-6-1306 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1306
§ 19-6-1306. Solar panel waste disposal site -- Solar panel waste recycling facility -- Operator registration.
Status: in_force

(1) Beginning on July 1, 2028, a person may not place, discard, or otherwise dispose of solar panel waste in a landfill operated by a municipality, county, political subdivision of the state, or other entity unless: (a) the landfill is registered with the division as a solar panel waste disposal site in accordance with Subsection (2); or (b) the person can demonstrate to the landfill operator that the solar panel waste is not hazardous solar panel waste. (2) (a) An operator of a landfill may submit an application to register with the division as a solar panel waste disposal site. (b) An applicant for registration as a solar panel waste disposal site shall: (i) submit an application to the division in a form and manner prescribed by the director; (ii) provide the name and business address of the applicant; (iii) submit a plan to the director for handling and safely treating, storing, or disposing of hazardous solar panel waste; and (iv) comply with an application requirement established by board rule. (3) (a) An applicant may submit an application to register with the division as a solar panel waste recycling facility. (b) An applicant for registration as a solar panel waste recycling facility shall: (i) submit an application to the division in a form and manner prescribed by the director; (ii) provide the name and business address of the applicant; (iii) submit a plan to the director for handling and safely treating, storing, or recycling hazardous solar panel waste; and (iv) comply with an application requirement established by board rule.