Utah Code § 19-2-304 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-304
§ 19-2-304. Duties and authorities -- Rulemaking.
Status: in_force

7/1/2026 (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 under this part; (b) specifying criteria the director shall consider in prioritizing and awarding grants, including a limitation on the types of vehicles that are eligible for funds; (c) specifying the minimum qualifications of a person who: (i) installs conversion equipment on an eligible vehicle; and (ii) receives a grant from the division; (d) specifying the terms of a grant; and (e) requiring all grant applicants to apply on forms provided by the division. (2) The division shall: (a) administer the Conversion to Alternative Fuel Grant Program Fund to encourage eligible vehicle owners to reduce emissions from eligible vehicles; and (b) provide information about which conversion technology meets the requirements of this part. (3) The division may inspect vehicles for which a grant was made to ensure compliance with the terms of the grant.
Utah Code § 19-6-705 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-705
§ 19-6-705. Powers and duties of the director
Status: in_force

(1) The director shall: (a) administer and enforce the rules and orders of the board; (b) issue and revoke registration numbers for DIYer used oil collection centers and used oil collection centers; (c) after public notice and opportunity for a public hearing: (i) issue or modify a permit under this part; (ii) deny a permit when the director finds the application is not complete; and (iii) revoke a permit issued under this section upon a finding the permit holder has failed to ensure compliance with this part; (d) (i) coordinate with federal, state, and local government, and other agencies, including entering into memoranda of understanding, to ensure effective regulation of used oil under this part, minimize duplication of regulation, and encourage responsible recycling of used oil; and (ii) as the department finds appropriate to the implementation of this part, enter into contracts with local health departments to carry out specified functions under this part and be reimbursed by the department in accordance with the contract; (e) require forms, analyses, documents, maps, and other records as the director finds necessary to permit and inspect an operation regulated under this part; (f) establish a toll-free telephone line to provide information to the public regarding management of used oil and locations of used oil collection centers; and (g) accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this part. (2) The director may: (a) authorize any employee of the division to enter any facility regulated under this part at reasonable times and upon presentation of credentials for the purpose of inspection, audit, or sampling of the used oil site or facility, records, operations, or product; (b) direct a person whose activities are regulated under this part to take samples for a stated purpose and cause them to be analyzed at that person's expense; and (c) enforce board rules by issuing orders.
Utah Code § 19-12-102 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-102
§ 19-12-102. Definitions.
Status: in_force

As used in this chapter: (1) "Air pollutant" means the same as that term is defined in Section 19-2-102. (2) "Air pollutant source" means the same as that term is defined in Section 19-2-102. (3) "Air pollution" means the same as that term is defined in Section 19-2-102. (4) (a) Except as provided in Subsection (4)(b), "director" means: (i) for purposes of an application or certification under this chapter related to air pollution, the director of the Division of Air Quality; or (ii) for purposes of an application or certification under this chapter related to water pollution, the director of the Division of Water Quality. (b) For purposes of an application or certification under this chapter related to property within the jurisdiction of the Board of Oil, Gas, and Mining under Section 40-6-5, "director" means the director of the Division of Oil, Gas, and Mining. (5) (a) "Freestanding pollution control property" means tangible personal property located in the state, regardless of whether a purchaser purchases the tangible personal property voluntarily or to comply with a requirement of a governmental entity, if: (i) the primary purpose of the tangible personal property is the prevention, control, or reduction of air or water pollution by: (A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or (B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices; and (ii) the tangible personal property is not used at, in the construction of, or incorporated into a pollution control facility. (b) "Freestanding pollution control property" does not include: (i) a consumable: (A) chemical that is not reusable; (B) cleaning material that is not reusable; or (C) supply that is not reusable; (ii) the following used for human waste: (A) a septic tank; or (B) other property; (iii) property installed, constructed, or used for the moving of sewage to a collection facility of a public or quasi-public sewerage system; (iv) the following used for the comfort of personnel: (A) an air conditioner; (B) a fan; or (C) an item similar to Subsection (5)(b)(iv)(A) or (B); or (v) office equipment or an office supply if the primary purpose of the office equipment or office supply is not the prevention, control, or reduction of air or water pollution by: (A) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or (B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices. (6) (a) "Pollution control facility" means real property in the state, regardless of whether a purchaser purchases the real property voluntarily or to comply with a requirement of a governmental entity, if the primary purpose of the real property is the prevention, control, or reduction of air pollution or water pollution by: (i) the disposal or elimination of, or redesign to eliminate, waste and the use of treatment works for industrial waste; or (ii) (A) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources; and (B) the use of one or more air cleaning devices. (b) "Pollution control facility" includes: (i) an addition to real property described in Subsection (6)(a); (ii) the reconstruction of real property described in Subsection (6)(a); or (iii) an improvement to real property described in Subsection (6)(a). (c) "Pollution control facility" does not include: (i) a consumable: (A) chemical that is not reusable; (B) cleaning material that is not reusable; or (C) supply that is not reusable; (ii) the following used for human waste: (A) a septic tank; or (B) another facility; (iii) property installed, constructed, or used for the moving of sewage to a collection facility of a public or quasi-public sewerage system; (iv) the following used for the comfort of personnel: (A) an air conditioner; (B) a fan; or (C) an item similar to Subsection (6)(c)(iv)(A) or (B); or (v) office equipment or an office supply if the primary purpose of the office equipment or office supply is not the prevention, control, or reduction of air or water pollution by: (A) the disposal or elimination of, or redesign to eliminate waste, and the use of treatment works for industrial waste; or (B) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air contamination sources, and the use of one or more air cleaning devices. (7) "Treatment works" means the same as that term is defined in Section 19-5-102. (8) "Waste" means the same as that term is defined in Section 19-5-102. (9) "Water pollution" has the same meaning as "pollution" under Section 19-5-102.
Utah Code § 19-7-107 — Utah Code / Title 19 / Chapter 19-7 / § 19-7-107
§ 19-7-107. Privileged communications.
Status: in_force

(1) A person or an officer or employee of that person who performs an environmental self-evaluation, as defined by Section 19-7-103, or assists in the preparation of an environmental audit report, as defined by Section 19-7-103, or a consultant hired for the purpose of performing an environmental self-evaluation or audit report cannot be examined without the consent of the person for which the environmental self-evaluation is conducted unless ordered to testify by a court. (2) Subsection (1) does not apply if the environmental self-evaluation or audit report is subject to discovery or is admissible under Utah Rules of Evidence, Rule 508.
Utah Code § 19-6-326 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-326
§ 19-6-326. Written assurances.
Status: in_force

(1) Based upon risk to human health or the environment from potential exposure to hazardous substances or materials, the executive director, or the executive director's designee, may issue enforceable written assurances to a bona fide prospective purchaser, contiguous property owner, or innocent landowner of real property that no enforcement action under this part may be initiated regarding that real property against the person to whom the assurances are issued. (2) An assurance granted under Subsection (1) grants the person to whom the assurance is issued protection from imposition of any state law cost recovery and contribution actions under this part. (3) The executive director may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the administration of this section.
Utah Code § 19-1-110 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-110
§ 19-1-110. Department discussions with the Federalism Commission.
Status: in_force

(1) As used in this section, "commission" means the Federalism Commission created in Section 63C-4a-302. (2) The department shall meet with the commission as scheduled by the chairs of the commission and consistent with the usual schedule of the commission. (3) The commission may discuss with the department: (a) needs of industries that are subject to regulation under this title; (b) needs of the department; (c) policy and rulemaking changes or implementation; (d) United States Environmental Protection Agency regulations and other federal regulations that affect industries regulated under this title or the department; and (e) any other issue that is related to the environment or the functioning of the department.
Utah Code § 19-4-107 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-107
§ 19-4-107. Notice of violation -- Action by attorney general.
Status: in_force

(1) Upon discovery of any violation of this chapter or a rule of the board, the director shall promptly notify the supplier of the violation, state the nature of the violation, and issue an order requiring correction of that violation or the filing of a request for variance or exemption by a specific date. (2) The attorney general shall, upon request of the director, commence an action for an injunction or other relief relative to the order.
Utah Code § 19-5-117 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-117
§ 19-5-117. Purpose and construction of chapter.
Status: in_force

(1) It is the purpose of this chapter to provide: (a) additional and cumulative remedies to prevent, abate, and control the pollution of the waters of the state; and (b) sufficient authority to allow the state to meet federal requirements for the state's assumption of primacy under the federal Water Pollution Control Act, as amended by the Water Quality Act of 1987, 33 U.S.C. Section 1251 et seq. (2) Nothing in this chapter: (a) abridges or alters rights of action or remedies in equity or under common or statutory law, criminal or civil; or (b) estops the state or any municipality or person, as riparian owners or otherwise, in the exercise of their rights in equity or under common or statutory law to suppress nuisances or to abate pollution.
Utah Code § 19-4-117 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-117
§ 19-4-117. Emergency response plan required for community water systems -- Requirements -- Report.
Status: in_force

(1) As used in this section: (a) "Authorized employee" means an employee of a community water system authorized to access: (i) an operational technology; (ii) a control system; or (iii) a secure area. (b) (i) "Control system" means a physical or electronic system that implements a procedure or process for water treatment or water delivery at a community water system. (ii) "Control system" includes: (A) a computer system that monitors or controls water treatment or water delivery equipment in real time, including a supervisory control and data acquisition system; (B) a computer device that performs calculations or processes data related to water treatment or water delivery; and (C) a network device or server that allows an authorized employee to remotely access a computer system or computer device that monitors or controls water treatment or water delivery. (c) "Emergency response plan" means the plan described in Subsection (2) and 42 U.S.C. Sec. 300i-2(b). (d) "Operational technology" means a hardware, software, or firmware component of a control system. (e) "Secure area" means an area in a community water system that is not normally accessible by the public. (f) (i) "Security breach" means an incident that threatens the security of a community water system with the potential to impact the quality or quantity of delivered water. (ii) "Security breach" includes: (A) a breach of an operational technology or control system; or (B) an unauthorized attempt to delete, disable, destroy, or override data, an application, a device, or a computer network. (2) (a) By no later than December 31, 2026, and July 1 annually thereafter, a supplier of a community water system serving a population of 3,300 or greater shall complete an emergency response plan. (b) By no later than July 1, 2027, and annually thereafter, a supplier of a community water system serving a population less than 3,300 shall complete an emergency response plan. (c) A supplier of a community water system shall report to the division on or before July 1 of each year whether the supplier has completed an emergency response plan described in this Subsection (2). (d) An emergency response plan shall include a requirement to: (i) support and regularly update software used in a control system; (ii) deploy and maintain network protection for a control system, as needed; (iii) adopt best practices for secure authentication; (iv) provide annual cybersecurity training to an employee who has regular access to an operational technology or control system; (v) complete an internal assessment of the community water system's security vulnerabilities and implement corrective controls to address a security vulnerability; (vi) promptly remove access to all operational technology and control systems from an employee whose employment is terminated; (vii) prohibit an unauthorized copying of software and data; (viii) ensure that an automated operational technology or control system can be operated manually, as needed; (ix) report a security breach in accordance with Subsection (3); (x) adopt other security and records management requirements in conformity with state and federal requirements; and (xi) comply with a security directive by the director. (e) A supplier of a community water system shall make available for review to the director or the director's authorized representative, upon request: (i) the supplier's emergency response plan; (ii) an incident report; and (iii) any information related to an emergency response plan as requested by the director. (f) For resources not related to water treatment and delivery owned or managed by a supplier of a community water system, the supplier may: (i) create an alternative emergency response plan from the emergency response plan described in this Subsection (2); or (ii) incorporate the emergency response plan developed under this Subsection (2), or any part thereof, into the emergency response plan for the resource not related to water treatment and delivery. (3) (a) A supplier of a community water system shall report a security breach no later than two hours after the supplier discovers the security breach to the Utah Cyber Center created in Section 63A-16-1102. (b) The Utah Cyber Center shall notify the division of a reported security breach described in Subsection (3)(a) as soon as possible, but not later than one day after receiving the report from the supplier. (4) (a) By no later than October 31 of each year, the division shall submit a report on security at community water systems in the state to: (i) the Natural Resources, Agriculture, and Environment Interim Committee; and (ii) the Public Utilities, Energy, and Technology Interim Committee. (b) The report described in this Subsection (4) shall include: (i) information collected by the division regarding security incidents and emergency response plans at community water systems in the state; and (ii) recommendations from the division, if any, for legislative action and funding to improve physical and electronic security at community water systems. (5) The director shall provide information and technical resources to a community water system completing an emergency response plan described in Subsection (2).
Utah Code § 19-1-505 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-505
§ 19-1-505. Liability limitation.
Status: in_force

(1) (a) Subject to the other provisions of this section, a person may not be held liable as described in Subsection (1)(b) if: (i) the person is a manufacturer, processor, distributor, recycler, or seller of an engine coolant; and (ii) the engine coolant at issue contains denatonium benzoate in a concentration described in Section 19-1-503. (b) A person described in Subsection (1)(a) may not be held liable to any person for any of the following that results from the inclusion of denatonium benzoate in an engine coolant in the concentrations described in Section 19-1-503: (i) personal injury; (ii) death; (iii) property damage; (iv) damage to the environment, including natural resources; or (v) economic loss. (2) Subsection (1) does not apply to a liability to the extent that: (a) the cause of the liability is unrelated to the inclusion of denatonium benzoate in an engine coolant; or (b) the injury described in Subsection (1)(b) is the result of willful or wanton misconduct or gross negligence by a manufacturer, processor, distributor, recycler, or seller of engine coolant. (3) Nothing in this section shall be construed to exempt any manufacturer or distributor of denatonium benzoate from any liability related to denatonium benzoate.
Utah Code § 19-6-103 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-103
§ 19-6-103. Waste Management and Radiation Control Board -- Members -- Terms -- Organization -- Meetings -- Per diem and expenses.
Status: in_force

(1) The board consists of the following 12 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 11 voting members appointed 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 is: (A) not connected with industry; and (B) a Utah-licensed professional engineer; (ii) two government representatives who do not represent the federal government; (iii) one representative from the manufacturing, mining, or fuel industry; (iv) one representative from the private solid or hazardous waste disposal industry; (v) one representative from the private hazardous waste recovery industry; (vi) one representative from the radioactive waste management industry; (vii) one representative from the uranium milling industry; (viii) 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; (ix) one representative from the public who is trained and experienced in public health and a licensed: (A) medical doctor; or (B) dentist; and (x) one representative who is: (A) a medical physicist or a health physicist; or (B) a professional employed in the field of radiation safety. (2) A member of the board shall: (a) be knowledgeable about solid and hazardous waste matters and radiation safety and protection 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 rules made by the department in accordance with Subsection 19-1-201(1)(d)(i)(B) and the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest. (3) (a) Members shall be appointed for terms of four years each. (b) Notwithstanding the requirements of Subsection (3)(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. (4) Each member is eligible for reappointment. (5) Board members shall continue in office until the expiration of their terms and until their successors are appointed, but not more than 90 days after the expiration of their terms. (6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor, after considering recommendations of the board and with the advice and consent of the Senate. (7) The board shall elect a chair and vice chair on or before April 1 of each year from its membership. (8) 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. (9) (a) The board shall hold a meeting at least once every three months including one meeting during each annual general session of the Legislature. (b) Meetings shall be held on the call of the chair, the director, or any three of the members. (10) Six members constitute a quorum at any meeting, and the action of the majority of members present is the action of the board.
Utah Code § 19-2a-106 — Utah Code / Title 19 / Chapter 19-2a / § 19-2a-106
§ 19-2a-106. Division of Air Quality Oil, Gas, and Mining Restricted Account.
Status: in_force

(1) As used in this section: (a) "Account" means the Division of Air Quality Oil, Gas, and Mining Restricted Account created by this section. (b) "Division" means the Division of Air Quality. (2) (a) There is created a restricted account within the General Fund known as the "Division of Air Quality Oil, Gas, and Mining Restricted Account." (b) The account consists of: (i) deposits to the account made under Section 51-9-306; (ii) appropriations from the Legislature; and (iii) interest and other earnings described in Subsection (2)(c). (c) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account. (3) (a) Upon appropriation by the Legislature, the division shall use money from the account to pay the costs of programs or projects administered by the division that are primarily related to oil, gas, and mining. (b) An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a): (i) federal money; or (ii) a dedicated credit. (4) Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.
Utah Code § 19-12-304 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-304
§ 19-12-304. Revocation of certification.
Status: in_force

(1) The director may revoke a certification issued under Section 19-12-303 if the director determines that: (a) the certification was obtained by fraud or gross misrepresentation; or (b) (i) for a pollution control facility, a requirement of Subsection 19-12-303(1)(a) is not met; or (ii) for freestanding pollution control property, a requirement of Subsection 19-12-303(1)(b) is not met. (2) A shutdown of a pollution control facility or freestanding pollution control property due to force majeure, including obsolescence, is not cause to revoke the certification of the pollution control facility or freestanding pollution control property. (3) The director shall provide notice of the director's determination to revoke a certification by issuing a notice of agency action. (4) The holder of a certification may obtain judicial review of the decision of the director to revoke the certification. (5) A revocation under this section is final and conclusive unless the holder of the certification obtains judicial review in accordance with Subsection (4). (6) If a revocation is affirmed on appeal, the revocation is final on the date the holder receives the notice described in Subsection (3). (7) If a revocation becomes final under this section, the director shall notify the State Tax Commission of the revocation. (8) If the director revokes a certification under this section: (a) the prior sales and use tax exemptions the holder of the certification claimed under Section 19-12-201 are forfeited; and (b) the State Tax Commission shall collect taxes not paid by the holder of the certification: (i) as a result of claiming the sales and use tax exemptions under Subsection (8)(a); and (ii) to the extent permitted by Title 59, Chapter 1, Part 14, Assessment, Collections, and Refunds Act.
Utah Code § 19-6-122 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-122
§ 19-6-122. Facilities to meet local zoning requirements.
Status: in_force

Notwithstanding any provisions of this part, persons seeking to operate a commercial hazardous waste disposal facility or site shall meet all local zoning requirements before beginning operations.
Utah Code § 19-2-302 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-302
§ 19-2-302. Definitions.
Status: in_force

7/1/2026As used in this part: (1) "Air quality standards" means vehicle emission standards equal to or greater than the standards established in bin 4 in Table S04-1 of 40 C.F.R. 86.1811-04(c)(6). (2) "Alternative fuel" means: (a) propane, natural gas, or electricity; or (b) other fuel that the board determines, by rule, to be: (i) at least as effective in reducing air pollution as the fuels listed in Subsection (2)(a); or (ii) substantially more effective in reducing air pollution as the fuel for which the engine was originally designed. (3) "Board" means the Air Quality Board. (4) "Clean fuel grant" means a grant awarded under this part from the Conversion to Alternative Fuel Grant Program Fund created in Section 19-1-403.3 for reimbursement for a portion of the incremental cost of an OEM vehicle or the cost of conversion equipment. (5) "Conversion equipment" means equipment designed to: (a) allow an eligible vehicle to operate on an alternative fuel; and (b) reduce an eligible vehicle's emissions of regulated pollutants, as demonstrated by: (i) certification of the conversion equipment by the Environmental Protection Agency or by a state or country that has certification standards that are recognized, by rule, by the board; (ii) testing the eligible vehicle, before and after the installation of the equipment, in accordance with 40 C.F.R. Part 86, Control of Emissions from New and In-Use Highway Vehicles and Engines, using all fuel the motor vehicle is capable of using; (iii) for a retrofit natural gas vehicle that is retrofit in accordance with Section 19-1-406, satisfying the emission standards described in Section 19-1-406; or (iv) any other test or standard recognized by board rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (6) "Cost" means the total reasonable cost of a conversion kit and the paid labor, if any, required to install it. (7) "Director" means the director of the Division of Air Quality. (8) "Division" means the Division of Air Quality, created in Subsection 19-1-105(1)(a). (9) "Eligible vehicle" means a: (a) commercial vehicle, as defined in Section 41-1a-102; (b) farm tractor, as defined in Section 41-1a-102; or (c) motor vehicle, as defined in Section 41-1a-102.
Utah Code § 19-6-414 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-414
§ 19-6-414. Grounds for revocation of certificate of compliance and ineligibility for payment of costs from fund.
Status: in_force

(1) If the director determines that any of the requirements of Subsection 19-6-412(2), Section 19-6-413, or Subsection 19-6-420(2) have not been met, the director shall notify the owner or operator by certified mail that: (a) the owner or operator's certificate of compliance may be revoked; (b) if the owner or operator is participating in the program, the owner or operator is violating the eligibility requirements for the fund; and (c) the owner or operator shall demonstrate the owner or operator's compliance with this part within 60 days after receipt of the notification or the certificate of compliance will be revoked and if participating in the program the owner or operator will be ineligible to receive payment for claims against the fund. (2) If the director determines the owner's or operator's compliance problems have not been resolved within 60 days after receipt of the notification in Subsection (1), the director shall send written notice to the owner or operator that the owner's or operator's certificate of compliance is revoked and he is no longer eligible for payment of costs from the fund. (3) Revocation of certificates of compliance may be appealed to the executive director.
Utah Code § 19-6-316 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-316
§ 19-6-316. Liability for costs of remedial investigations -- Liability agreements.
Status: in_force

(1) The executive director may recover only a proportionate share of costs of any remedial investigation performed under Sections 19-6-314 and 19-6-315 from each responsible party, as provided in this section. (2) (a) In apportioning responsibility for the remedial investigation, or liability for the costs of the remedial investigation, in any administrative proceeding or judicial action, the following standards apply: (i) liability shall be apportioned in proportion to each responsible party's respective contribution to the release; (ii) the apportionment of liability shall be based on equitable factors, including the quantity, mobility, persistence, and toxicity of hazardous substances contributed by a responsible party, and the comparative behavior of a responsible party in contributing to the release, relative to other responsible parties. (b) Liability may not be apportioned against a current or previous owner or operator who acquired or became the operator of the facility before March 18, 1985, who may otherwise be a responsible party but who did not know that any hazardous material which is the subject of a release was on, in, or at the facility prior to acquisition or operation of the facility, and the release is not the result of an act or omission of the current or previous owner or operator. (c) Liability may not be apportioned against a current or previous owner or operator who acquired or became the operator of the facility on or after March 18, 1985, who may otherwise be a responsible party but who did not know and had no reason to know, after having taken all appropriate inquiry into the previous ownership and uses of the facility, consistent with good commercial or customary practice at the time of the purchase, that any hazardous material which is the subject of a release was on, in, or at the facility prior to acquisition or operation of the facility, and the release is not the result of an act or omission of the current or previous owner or operator. (d) A responsible party who is not exempt under Subsection (2)(b) or (c) may be considered to have contributed to the release and may be liable for a proportionate share of costs as provided under this section either by affirmatively causing a release or by failing to take action to prevent or abate a release which has originated at or from the facility. A person whose property is contaminated by migration from an offsite release is not considered to have contributed to the release unless the person takes actions which exacerbate the release. (e) A responsible party who meets the criteria in Subsection (2)(b) or (c) or a person who is not considered to have contributed to a release under Subsection (2)(d) is not considered to have contributed to a release solely by failing to take abatement or remedial action pursuant to an administrative order. (f) (i) The burden of proving proportionate contribution shall be borne by each responsible party. (ii) If a responsible party does not prove his proportionate contribution, the court or the executive director shall apportion liability to the party based solely on available evidence and the standards of Subsection (2)(a). (iii) The ability of a responsible party to pay is not a factor in the apportionment of liability. (g) The court may not impose joint and several liability. (h) Each responsible party is strictly liable solely for his proportionate share of investigation costs. (3) The failure of the executive director to name all responsible parties is not a defense to an action under this section. (4) (a) Any party who incurs costs under this part in excess of his liability may seek contribution from any other party who is or may be liable under this part for the excess costs in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) In resolving claims made under Subsection (4)(a), the court shall allocate costs using the standards set forth in Subsection (2). (5) (a) A party who has resolved his liability in an agreement under Sections 19-6-314 through this section is not liable for claims for contribution regarding matters addressed in the settlement. (b) (i) An agreement does not discharge any of the liability of responsible parties who are not parties to the agreement, unless the terms of the agreement provide otherwise. (ii) An agreement made under this Subsection (5)(b) reduces the potential liability of other responsible parties by the amount of the agreement. (6) (a) If the executive director obtains less than complete relief from a party who has resolved his liability in an agreement under Sections 19-6-314 through this section, the executive director may bring an action against any party who has not resolved his liability in an agreement. (b) In apportioning liability, the standards of Subsection (2) apply. (c) A party who resolved his liability for some or all of the costs in an agreement under Sections 19-6-314 through this section may seek contribution from any person who is not party to an agreement under Sections 19-6-314 through this section. (7) (a) An agreement made under Sections 19-6-314 through this section may provide that the executive director will pay for costs of actions that the parties have agreed to perform, but which the executive director has agreed to finance, under the agreement. (b) If the executive director makes payments from the fund, he may recover the amount paid using the authority of Sections 19-6-314 through this section or any other applicable authority.
Utah Code § 19-6-123 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-123
§ 19-6-123. Kilns -- Siting.
Status: in_force

A cement kiln or lightweight aggregate kiln may not accept hazardous waste for recycling or for use as fuel without meeting the siting criteria for commercial hazardous waste treatment, storage, and disposal facilities established under Section 19-6-105.
Utah Code § 19-6-121 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-121
§ 19-6-121. Local zoning authority powers.
Status: in_force

Nothing in this part prohibits any local zoning authority from adopting zoning criteria for commercial hazardous waste disposal facilities or sites that are more stringent than any requirements adopted by the department.
Utah Code § 19-14-103 — Utah Code / Title 19 / Chapter 19-14 / § 19-14-103
§ 19-14-103. Nuclear energy regulation -- Rulemaking and fee authority.
Status: in_force

(1) (a) Subject to authorization by the Nuclear Regulatory Commission, the division may regulate or license activities related to the nuclear fuel cycle within state jurisdiction. (b) Chapter 3, Part 3, Placement of High Level Nuclear Waste, does not apply to nuclear fuel cycle activities regulated or licensed by the division under this chapter. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules establishing: (a) requirements and procedures for licensing nuclear fuel cycle activities; (b) standards and performance objectives for: (i) nuclear fuel cycle facility siting; (ii) compliance inspections; (iii) safety requirements; (iv) security measures; (v) environmental protection measures; (vi) emergency preparedness and response; and (vii) financial assurance and decommissioning; (c) procedures for coordinating with the Nuclear Regulatory Commission on regulatory processes; (d) qualification and training requirements for licensees and applicants; (e) record keeping and reporting requirements; and (f) enforcement procedures and penalties for violations of this chapter or rules made under this chapter. (3) (a) The division may establish and collect fees sufficient to cover the costs of: (i) licensing reviews and application processing; (ii) compliance inspections; (iii) program administration; (iv) staff training and development; and (v) cooperative activities with federal agencies. (b) The division shall comply with the requirements of Section 63J-1-504 in establishing fees under this Subsection (3). (c) The division shall deposit fees the division receives under this Subsection (3) into the Environmental Quality Restricted Account created in Section 19-1-108.
Utah Code § 19-6-1202 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1202
§ 19-6-1202. Definitions.
Status: in_force

As used in this part: (1) "Collection": (a) means the aggregation of consumer electronic devices from consumers; and (b) includes all the activities up to the time a consumer electronic device is delivered to a recycler. (2) "Community collection event" means a scheduled event for a member of the public to dispose of or recycle: (a) a consumer electronic device or other electronic waste; (b) green or organic waste; (c) hazardous waste as that term is defined in Section 19-6-102; or (d) an item not considered household waste that is difficult to dispose of or recycle. (3) (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing a logical, arithmetic, or storage function, including: (i) a laptop computer; (ii) a desktop computer; or (iii) a tablet computer. (b) "Computer" includes the following permanently affixed to or incorporated into a device described in Subsection (3)(a): (i) a cable cord; (ii) permanent wiring; (iii) a central processing unit; or (iv) a monitor. (c) "Computer" does not include an automated typewriter or typesetter, a portable hand-held calculator, a portable digital assistant, a server, or similar device. (4) "Consumer" means a person who owns or uses a covered electronic device that is purchased primarily for personal or home business use. (5) "Consumer electronic device" means the following products sold to a consumer: (a) a computer; (b) a computer peripheral; (c) a television; or (d) a television peripheral. (6) "Eligible program" means a collection, reuse, or recycling system for a consumer electronic device, including: (a) a system by which a manufacturer, manufacturer's designee, or other private entity offers a consumer an option to return a consumer electronic device by mail; (b) a system using a physical collection site that a manufacturer, manufacturer's designee, or other private or public entity provides for a consumer to return a covered consumer electronic device; or (c) a system that uses a collection event held by a manufacturer, manufacturer's designee, or other private or public entity at which a consumer may return a consumer electronic device. (7) "Manufacturer" means a person who: (a) manufactures a consumer electronic device under a brand the person owns or is licensed to use; or (b) assumes the responsibilities and obligations of a person described in Subsection (7)(a). (8) "Peripheral" means a keyboard, printer, or other device that: (a) is sold exclusively for external use with a television or computer; and (b) provides input into or output from a television or computer. (9) (a) "Recycling" means the process of collecting and preparing electronic products for: (i) use in a manufacturing process; or (ii) recovery of reusable materials followed by delivery of reusable materials for use. (b) "Recycling" does not include destruction by incineration, waste-to-energy incineration, or other similar processes or land disposal. (10) "Reuse" means electronic waste: (a) that is tested and determined to be in good working order; and (b) that is removed from the waste stream to use for the same purpose for which it was manufactured, including the continued use of the whole system or components. (11) (a) "Sell" or "sale" means any transfer for consideration of title or of the right to use by lease or sales contract of a consumer electronic device to a consumer. (b) "Sell" or "sale" does not include: (i) the sale, resale, lease, or transfer of used consumer electronic devices; or (ii) a manufacturer's or a distributor's wholesale transaction with a distributor or retailer involving a consumer electronic device. (12) "Television" means a display system primarily intended to receive video programming via broadcast, cable, or satellite transmission.
Utah Code § 19-6-811 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-811
§ 19-6-811. Funding for management of certain waste tire piles -- Limitations.
Status: in_force

(1) (a) A county or municipality may apply to the director for payment from the fund for costs of a waste tire transporter or recycler to remove waste tires from an abandoned waste tire pile located within that county or municipality and deliver the waste tires to a recycler. (b) (i) Subject to Subsection (1)(b)(iii), an operator of a state or local government landfill or of a transfer station may apply to the director for payment from the fund for costs to remove waste tires from a waste tire pile located at that landfill or transfer station and deliver the waste tires to a recycler. (ii) If the removal and delivery of waste tires is to be conducted by a registered third-party waste tire transporter or recycler, the operator of a state or local government landfill or transfer station is subject to the competitive bidding process of Subsections (3) through (5). (iii) For a state or local government landfill or a transfer station located in a county of the first or second class, the division: (A) shall reimburse under Subsection (1)(b)(i) an operator of the state or local government landfill or of a transfer station in the order that the operator submits a completed request for reimbursement under Subsection (1)(b)(i); and (B) may not reimburse an operator of a state or local government landfill or a transfer station located in a county of the first or second class if, at the time the operator submits the operator's request for reimbursement, the aggregate of the reimbursements to state or local government landfills or transfer stations located in a county of the first or second class made under Subsection (1)(b)(i) in a fiscal year equals $80,000. (iv) Subsection (1)(b)(iii) does not apply to a state or local government landfill or transfer station that is located in a county of the third through sixth class. (c) (i) The director may authorize reimbursement of a waste tire transporter's or recycler's costs, subject to Subsections (1)(e) and (f) and as allowed under Subsection (2), to remove waste tires from an abandoned waste tire pile located in a municipality or county or a state or local government landfill waste tire pile and deliver the waste tires to a recycler. (ii) The cost of transporting waste tires from a transfer station to a landfill operated by a governmental entity is not eligible for reimbursement. (d) The director may deny an application for payment of waste tire pile removal and delivery costs, if the director determines that payment of the costs will result in there not being sufficient money in the fund to pay expected reimbursements for recycling or beneficial use under Section 19-6-809 during the next quarter. (e) To be eligible for reimbursement under Subsection (1)(b)(ii), a county or municipality shall receive a minimum of two eligible bids for transportation or recycling, unless it is impossible to receive two eligible bids due to a transporter or recycler: (i) declining to offer a bid for the project; or (ii) not being in compliance with state statute or rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (f) To be eligible for reimbursement under Subsection (1)(b), an operator of a state or local government landfill or transfer station shall submit to the director: (i) a statement: (A) confirming that the waste tires were received at the landfill or transfer station; (B) confirming that the landfill waste tire pile consists solely of waste tires diverted from the landfill or transfer station waste stream; and (C) describing the size and location of the landfill waste tire pile; and (ii) landfill or transfer station waste receipt records indicating the origin of the waste tires. (2) (a) The maximum number of miles for which the director may reimburse for transportation costs incurred by a waste tire transporter under this section is the number of miles, one way, between the location of the waste tire pile and the recycler. (b) This maximum number of miles available for reimbursement applies regardless of the location of the recycler to which the waste tires are transported under this section. (c) The director shall, upon request, advise any person preparing a bid under this section of the maximum number of miles available for reimbursement under this Subsection (2). (d) The cost under this Subsection (2) shall be calculated based on the cost to transport one ton of waste tires one mile. (3) (a) When waste tire piles are removed or transported by a third-party waste tire transporter or recycler, the county or municipality shall through a competitive bidding process make a good faith attempt to obtain a bid for the removal of the abandoned waste tire pile and transport to a recycler. (b) The county or municipality shall submit to the director: (i) a statement from the local health department that the waste tire pile is abandoned; and (ii) (A) the bid selected by the county or municipality; or (B) if no bids were received, a statement to that fact. (4) (a) If a bid is submitted, the director shall determine if the bid is reasonable, taking into consideration: (i) the location and size of the abandoned waste tire pile; (ii) the number and size of any other abandoned waste tire piles in the area; and (iii) the current market for waste tires of the type in the abandoned waste tire pile. (b) The director shall advise the county or municipality within 30 days of receipt of the bid whether or not the bid is determined to be reasonable. (5) (a) If the bid is found to be reasonable, the county or municipality may proceed to have the abandoned waste tire pile removed pursuant to the bid. (b) The county or municipality shall advise the director that the abandoned waste tire pile has been removed. (6) The recycler or waste tire transporter that removed the abandoned waste tires pursuant to the bid shall submit to the director a copy of the manifest, which shall state: (a) the number or tons of waste tires transported; (b) the location from which they were removed; (c) the recycler to which the waste tires were delivered; and (d) the amount charged by the transporter or recycler. (7) An operator of a state or local government landfill or transfer station shall submit to the director a statement providing: (a) the number or tons of waste tires removed from the landfill or transfer station; (b) the location from which the waste tires were removed; (c) the recycler to which the waste tires were delivered; and (d) if applicable, the amount charged by a third-party waste tire transporter or recycler to transport the waste tires to the recycler. (8) Upon receipt of the information required under Subsection (6) or (7), and determination that the information is complete, the director shall, within 30 days after receipt authorize the Division of Finance to reimburse the waste tire transporter or recycler the amount established under this section. (9) A person reimbursed under this section may not be reimbursed under Section 19-6-809, 19-6-812, or 19-6-813 for the same activities that underlay eligibility for reimbursement under this section.
Utah Code § 19-6-708 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-708
§ 19-6-708. Registration and permit exemptions.
Status: in_force

(1) The following persons are subject to Section 19-6-706, but are not subject to regulation as a registered or permitted site or facility under this part: (a) generators of DIYer used oil; and (b) farmers who generate in a calendar year an average of 25 gallons per month or less of used oil from vehicles or machinery used on the farm. (2) The following are subject to rules made by the board as necessary to obtain and maintain primacy of the state used oil program under 40 C.F.R. 279, Standards for the Management of Used Oil, but are not subject to any other provision of this part: (a) mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator's own vehicles are not subject to this part once the used oil and diesel fuel have been mixed, but prior to mixing, the used oil is subject to this part; (b) used oil transporters and used oil burners conducting incidental processing operations that occur during the normal course of used oil management prior to transportation or burning; (c) on-specification or off-specification used oil, after it is delivered, as documented by manifest, to a burner authorized to operate by the board or this part and rules made under this part; (d) used oil burners authorized by the board to burn on-specification or off-specification used oil; (e) used oil placed directly into a crude oil or natural gas pipeline, after the used oil is introduced into the pipeline; (f) used oil generated on vessels due to normal shipboard operations is not subject to this part until it is transported ashore; (g) rerefining distillation bottoms used as feedstock to manufacture asphalt products; (h) materials reclaimed from used oil, used beneficially, and not burned for energy recovery or used in a manner constituting disposal; (i) materials derived from used oil that are disposed of or used in a manner constituting disposal, but are subject to regulation under this chapter if the materials are identified as hazardous waste; (j) wastewater containing a de minimis amount of used oil, as defined in Subsection (3); (k) used oil contaminated with polychlorinated biphenyls (PCBs), if it is subject to regulation under 40 CFR 761, Toxic Substances Control Act; (l) used oils that are a hazardous waste under this chapter and may not be recycled; and (m) used oils that are not hazardous waste under this chapter and cannot be recycled under this part. (3) (a) As used in Subsection (2)(j), "de minimis quantities of used oil" means: (i) small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations; or (ii) small amounts of oil lost to the wastewater treatment system or unit during washing or draining operations. (b) "De minimis quantities of used oil" does not include used oil discarded as a result of abnormal operations resulting in substantial leaks, spills, or other releases, or to used oil recovered from wastewaters.
Utah Code § 19-6-714 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-714
§ 19-6-714. Recycling fee on sale of oil.
Status: in_force

(1) (a) Beginning on October 1, 1993, and ending on June 30, 2026, a recycling fee of 4 cents per quart or 16 cents per gallon is imposed upon the first sale in Utah by a lubricating oil vendor of lubricating oil. (b) Beginning on July 1, 2026, and ending on June 30, 2027, a recycling fee of 8 cents per quart or 32 cents per gallon is imposed upon the first sale of lubricating oil in Utah by a lubricating oil vendor. (c) Beginning on July 1, 2027, the division shall establish a fee upon the first sale of lubricating oil in Utah by a lubricating oil vendor, in accordance with Title 63J, Chapter 1, Budgetary Procedures Act. (d) A fee change described in Subsection (1)(c) is effective: (i) on the first day of a calendar quarter; and (ii) no sooner than 90 days after the day on which the division notifies the commission of the fee change. (2) A lubricating oil vendor shall collect the fee described in Subsection (1) at the time the lubricating oil is sold. (3) A fee under this section may not be collected on sales of lubricating oil: (a) shipped outside the state; (b) purchased in five-gallon or smaller containers and used solely in underground mining operations; or (c) in bulk containers of 55 gallons or more. (4) A fee under this section is in addition to all other state, county, or municipal fees and taxes imposed on the sale of lubricating oil. (5) The exemptions from sales and use tax provided in Section 59-12-104 do not apply to this part. (6) The commission may make rules to implement and enforce the provisions of this section.
Utah Code § 19-6-906 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-906
§ 19-6-906. Decontamination standards -- Specialist certification standards -- Rulemaking.
Status: in_force

(1) The Department of Health and Human Services shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with the local health departments and the Department of Environmental Quality, to establish: (a) decontamination and sampling standards and best management practices for the inspection and decontamination of property and the disposal of contaminated debris under this part; (b) appropriate methods for the testing of buildings and interior surfaces, and furnishings, soil, and septic tanks for contamination; and (c) when testing for contamination may be required. (2) The Department of Environmental Quality Waste Management and Radiation Control Board shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in consultation with the Department of Health and Human Services and local health departments, to establish within the Department of Environmental Quality Division of Environmental Response and Remediation: (a) certification standards for any private person, firm, or entity involved in the decontamination of contaminated property; and (b) a process for revoking the certification of a decontamination specialist who fails to maintain the certification standards. (3) All rules made under this part shall be consistent with other state and federal requirements. (4) The board has authority to enforce the provisions under Subsection (2).
Utah Code § 19-6-402 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-402
§ 19-6-402. Definitions.
Status: in_force

As used in this part: (1) "Abatement action" means action taken to limit, reduce, mitigate, or eliminate: (a) a release from a petroleum storage tank; or (b) the damage caused by that release. (2) "Aboveground petroleum storage tank" means a storage tank that is, by volume, less than 10% buried in the ground, including the pipes connected to the storage tank and: (a) (i) has attached underground piping; or (ii) rests directly on the ground; (b) contains regulated substances; (c) has the capacity to hold 501 gallons or more; and (d) is not: (i) used in agricultural operations, as defined by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) used for heating oil for consumptive use on the premises where stored; (iii) related to a petroleum facility under SIC Code 2911 or 5171 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget; (iv) directly related to oil or gas production and gathering operations; (v) used in the fueling of aircraft or ground service equipment at a commercial airport that serves passengers or cargo, with commercial airport defined in Section 72-10-102; or (vi) exempted from the definition of "aboveground petroleum storage tank" by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, because the storage tank is outside the purposes of this part. (3) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (4) "Bodily injury" means bodily harm, sickness, disease, or death sustained by an individual. (5) "Certificate of compliance" means a certificate issued to a facility by the director: (a) demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has met the requirements of this part; and (b) listing petroleum storage tanks at the facility, specifying: (i) which tanks may receive petroleum; and (ii) which tanks have not met the requirements for compliance. (6) "Certificate of registration" means a certificate issued to a facility by the director demonstrating that an owner or operator of a facility containing one or more petroleum storage tanks has: (a) registered the tanks; and (b) paid the annual tank fee. (7) (a) "Certified petroleum storage tank consultant" means a person who: (i) for a fee, or in connection with services for which a fee is charged, provides or contracts to provide information, opinions, or advice relating to petroleum storage tank release: (A) management; (B) abatement; (C) investigation; (D) corrective action; or (E) evaluation; (ii) has submitted an application to the director; (iii) received a written statement of certification from the director; and (iv) meets the education and experience standards established by the board under Subsection 19-6-403(1)(a)(vii). (b) "Certified petroleum storage tank consultant" does not include: (i) (A) an employee of the owner or operator of the petroleum storage tank; or (B) an employee of a business operation that has a business relationship with the owner or operator of the petroleum storage tank, and markets petroleum products or manages petroleum storage tanks; or (ii) an individual licensed to practice law in this state who offers only legal advice on petroleum storage tank release: (A) management; (B) abatement; (C) investigation; (D) corrective action; or (E) evaluation. (8) "Closed" means a petroleum storage tank that is no longer in use that has been: (a) emptied and cleaned to remove the liquids and accumulated sludges; and (b) (i) removed along with all underground components; or (ii) filled with an inert solid material, and in the case of piping, secured and capped. (9) "Corrective action plan" means a plan for correcting a release from a petroleum storage tank that includes provisions for any of the following: (a) cleanup or removal of the release; (b) containment or isolation of the release; (c) treatment of the release; (d) correction of the cause of the release; (e) monitoring and maintenance of the site of the release; (f) provision of alternative water supplies to a person whose drinking water has become contaminated by the release; or (g) temporary or permanent relocation, whichever is determined by the director to be more cost-effective, of a person whose dwelling has been determined by the director to be no longer habitable due to the release. (10) "Costs" means money expended for: (a) investigation; (b) abatement action; (c) corrective action; (d) judgments, awards, and settlements for bodily injury or property damage to third parties; (e) legal and claims adjusting costs incurred by the state in connection with judgments, awards, or settlements for bodily injury or property damage to third parties; or (f) costs incurred by the state risk manager in determining the actuarial soundness of the fund. (11) "Covered by the fund" means the requirements of Section 19-6-424 have been met. (12) "Director" means the director of the Division of Environmental Response and Remediation. (13) "Division" means the Division of Environmental Response and Remediation, created in Subsection 19-1-105(1)(c). (14) "Dwelling" means a building that is usually occupied by a person lodging there at night. (15) "Enforcement proceedings" means a civil action or the procedures to enforce orders established by Section 19-6-425. (16) "Facility" means the petroleum storage tanks located on a single parcel of property or on any property adjacent or contiguous to that parcel. (17) "Fund" means the Petroleum Storage Tank Fund created in Section 19-6-409. (18) "Operator" means a person in control of or who is responsible on a daily basis for the maintenance of a petroleum storage tank that is in use for the storage, use, or dispensing of a regulated substance. (19) "Owner" means: (a) in the case of an underground storage tank in use on or after November 8, 1984, a person who owns an underground storage tank used for the storage, use, or dispensing of a regulated substance; (b) in the case of an underground storage tank in use before November 8, 1984, but not in use on or after November 8, 1984, a person who owned the tank immediately before the discontinuance of its use for the storage, use, or dispensing of a regulated substance; and (c) in the case of an aboveground petroleum storage tank, a person who owns the aboveground petroleum storage tank. (20) "Petroleum" includes crude oil or a fraction of crude oil that is liquid at: (a) 60 degrees Fahrenheit; and (b) a pressure of 14.7 pounds per square inch absolute. (21) "Petroleum storage tank" means a tank that: (a) is an underground storage tank; (b) is an aboveground petroleum storage tank; or (c) is a tank containing regulated substances that is voluntarily submitted for participation in the fund under Section 19-6-415. (22) "Petroleum storage tank installation company" means a person or governmental entity that installs petroleum storage tanks. (23) "Petroleum storage tank installation company permit" means a permit issued by the director to a petroleum storage tank installation company. (24) "Petroleum Storage Tank Restricted Account" means the account created in Section 19-6-405.5. (25) "Program" means the environmental assurance program under Section 19-6-410.5. (26) "Property damage" means physical injury to, destruction of, or loss of use of tangible property. (27) (a) "Regulated substance" means petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil through processes of separation, conversion, upgrading, and finishing. (b) "Regulated substance" includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. (28) (a) "Release" means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from a petroleum storage tank into ground water, surface water, or subsurface soils. (b) A release of a regulated substance from a petroleum storage tank is considered a single release from that tank system. (29) (a) "Responsible party" means a person who: (i) is the owner or operator of a facility; (ii) owns or has legal or equitable title in a facility or a petroleum storage tank; (iii) owned or had legal or equitable title in a facility at the time petroleum was received or contained at the facility; (iv) operated or otherwise controlled activities at a facility at the time petroleum was received or contained at the facility; or (v) is a petroleum storage tank installation company. (b) "Responsible party," as defined in Subsections (29)(a)(i), (ii), and (iii), does not include: (i) a person who is not an operator and, without participating in the management of a facility and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership: (A) primarily to protect the person's security interest in the facility; or (B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or (ii) governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), 42 U.S.C. Sec. 9601(20)(D). (c) The exemption created by Subsection (29)(b)(i)(B) does not apply to actions taken by the state or the state's officials or agencies under this part. (d) The terms and activities "indicia of ownership," "primarily to protect a security interest," "participation in management," and "security interest" under this part are in accordance with 40 C.F.R. Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9). (e) The terms "participate in management" and "indicia of ownership" as defined in 40 C.F.R. Part 280, Subpart I, as amended, and 42 U.S.C. Sec. 6991b(h)(9) include and apply to the fiduciaries listed in Subsection (29)(b)(i)(B). (30) "Rests directly on the ground" means that at least some portion of a petroleum storage tank situated aboveground is in direct contact with soil. (31) "Soil test" means a test, established or approved by board rule, to detect the presence of petroleum in soil. (32) "State cleanup appropriation" means money appropriated by the Legislature to the department to fund the investigation, abatement, and corrective action regarding releases not covered by the fund. (33) "Underground piping" means piping that is buried in the ground that is in direct contact with soil and connected to an aboveground petroleum storage tank. (34) "Underground storage tank" means a tank regulated under Subtitle I, Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991c, et seq., including: (a) underground pipes and lines connected to a storage tank; (b) underground ancillary equipment; (c) a containment system; and (d) each compartment of a multi-compartment storage tank.
Utah Code § 19-3-102 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-102
§ 19-3-102. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Waste Management and Radiation Control Board created under Section 19-1-106. (2) (a) "Broker" means a person that performs one or more of the following functions for a generator: (i) arranges for transportation of the radioactive waste; (ii) collects or consolidates shipments of radioactive waste; or (iii) processes radioactive waste in some manner. (b) "Broker" does not include a carrier whose sole function is to transport the radioactive waste. (3) "Byproduct material" means the same as that term is defined in 42 U.S.C. Sec. 2014(e)(2). (4) "Class B and class C low-level radioactive waste" means the same as that term is defined in 10 C.F.R. Sec. 61.55. (5) "Director" means the director of the Division of Waste Management and Radiation Control. (6) "Division" means the Division of Waste Management and Radiation Control created in Subsection 19-1-105(1)(d). (7) "Generator" means a person that: (a) possesses any material or component: (i) that contains radioactivity or is radioactively contaminated; and (ii) for which the person foresees no further use; and (b) transfers the material or component to: (i) a commercial radioactive waste treatment or disposal facility; or (ii) a broker. (8) "Hazardous waste corridor" means an area of land within a county that the legislative body of the county: (a) designates for the siting of a radioactive waste facility; and (b) restricts from all residential use or development. (9) "High-level nuclear waste" means the same as the term "high-level radioactive waste" is defined in 42 U.S.C. Sec. 10101. (10) "Low-level radioactive waste" means the same as that term is defined in 42 U.S.C. Sec. 10101. (11) "Radiation" means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. (12) "Radioactive" means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. (13) "Unlicensed facility" means a structure, road, or property: (a) adjacent to, but outside of, a licensed or permitted area; and (b) that is not used for waste disposal or waste management.
Utah Code § 19-6-409 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-409
§ 19-6-409. Petroleum Storage Tank Fund -- Source of revenues.
Status: in_force

(1) (a) There is created an enterprise fund entitled the "Petroleum Storage Tank Fund." (b) The sole sources of revenues for the fund are: (i) petroleum storage tank fees paid under Section 19-6-411; (ii) petroleum storage tank installation company permit fees paid under Section 19-6-411; (iii) the environmental assurance fee and penalties paid under Section 19-6-410.5; (iv) appropriations to the fund; (v) principal and interest received from the repayment of loans made by the director under Subsection (5); and (vi) interest accrued on revenues listed in this Subsection (1)(b). (c) Interest earned on fund money is deposited into the fund. (2) The director may expend money from the fund to pay costs: (a) covered by the fund under Section 19-6-419; (b) of administering this part; (c) incurred by the state for a legal service or claim adjusting service provided in connection with a claim, judgment, award, or settlement for bodily injury or property damage to a third party; (d) incurred by the director in determining the actuarial soundness of the fund; (e) incurred by a third party claiming injury or damages from a release reported on or after May 11, 2010, for hiring a certified petroleum storage tank consultant: (i) to review an investigation or corrective action by a responsible party; and (ii) in accordance with Subsection (4); and (f) allowed under this part that are not listed under this Subsection (2). (3) Costs for the administration of this part shall be as appropriated by the Legislature. (4) The director shall: (a) in paying costs under Subsection (2)(e): (i) determine a reasonable limit on costs paid based on the: (A) extent of the release; (B) impact of the release; and (C) services provided by the certified petroleum storage tank consultant; (ii) pay, per release, costs for one certified petroleum storage tank consultant agreed to by all third parties claiming damages or injury; (iii) include costs paid in the coverage limits allowed under Section 19-6-419; and (iv) not pay legal costs of third parties; (b) review and give careful consideration to reports and recommendations provided by a certified petroleum storage tank consultant hired by a third party; and (c) make reports and recommendations provided under Subsection (4)(b) available on the division's website. (5) The director may loan, in accordance with this section, money available in the fund to a person to be used for: (a) upgrading a petroleum storage tank; (b) replacing a petroleum storage tank; or (c) permanently closing a petroleum storage tank. (6) (a) A person may apply to the director for a loan under Subsection (5)(c) if the tanks owned or operated by that person are in substantial compliance with state and federal requirements or will be brought into substantial compliance using money from the fund. (b) A person may apply to the director for a loan under Subsection (5)(a) or (b) if: (i) the requirements of Subsection (6)(a) are met; and (ii) the person participates in the program under Section 19-6-410.5. (7) The director shall consider loan applications under Subsection (6) to meet the following objectives: (a) support availability of gasoline in rural parts of the state; (b) support small businesses; and (c) reduce the threat of a petroleum release endangering the environment. (8) (a) A loan made under this section may not be for more than: (i) $300,000 for all tanks at any one facility; (ii) $100,000 per tank; and (iii) 80% of the total cost of: (A) upgrading a petroleum storage tank; (B) replacing a petroleum storage tank; or (C) permanently closing a petroleum storage tank. (b) A loan made under this section shall: (i) have a fixed annual interest rate of 0%; (ii) have a term no longer than 10 years; (iii) be made on the condition the loan applicant obtains adequate security for the loan as established by board rule under Subsection (9); and (iv) comply with rules made by the board under Subsection (9). (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules establishing: (a) form, content, and procedure for a loan application; (b) criteria and procedures for prioritizing a loan application; (c) requirements and procedures for securing a loan; (d) procedures for making a loan; (e) procedures for administering and ensuring repayment of a loan, including late payment penalties; (f) procedures for recovering on a defaulted loan; and (g) the maximum amount of the fund that may be used for loans. (10) A decision by the director to loan money from the fund and otherwise administer the fund is not subject to Title 63G, Chapter 4, Administrative Procedures Act. (11) The Legislature shall appropriate money from the fund to the department for the administration costs associated with making loans under this section. (12) The director may enter into an agreement with a public entity or private organization to perform a task associated with administration of loans made under this section. (13) The director may request that the Legislature appropriate money in the fund that is in excess of the cash balance required for actuarial soundness to the Petroleum Storage Tank Cleanup Fund created in Section 19-6-405.7.
Utah Code § 19-2-109.2 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-109.2
§ 19-2-109.2. Small business assistance program.
Status: in_force

The division shall establish a small business stationary source technical and environmental compliance assistance program that conforms with Title V of the 1990 Clean Air Act to assist small businesses to comply with state and federal air pollution laws.
Utah Code § 19-3-308 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-308
§ 19-3-308. Application fee and annual fees.
Status: in_force

(1) (a) Any application for a waste transfer, storage, decay in storage, treatment, or disposal facility shall be accompanied by an initial fee of $5,000,000. (b) The applicant shall subsequently pay an additional fee to cover the costs to the state associated with review of the application, including costs to the state and the state's contractors for permitting, technical, administrative, legal, safety, and emergency response reviews, planning, training, infrastructure, and other impact analyses, studies, and services required to evaluate a proposed facility. (2) For the purpose of funding the state oversight and inspection of any waste transfer, storage, decay in storage, treatment, or disposal facility, and to establish state infrastructure, including providing for state Department of Environmental Quality, state Department of Transportation, state Department of Public Safety, and other state agencies' technical, administrative, legal, infrastructure, maintenance, training, safety, socio-economic, law enforcement, and emergency resources necessary to respond to these facilities, the owner or operator shall pay to the state a fee as established by department rule under Section 63J-1-504, to be assessed: (a) per ton of storage cask and high-level nuclear waste per year for storage, decay in storage, treatment, or disposal of high-level nuclear waste; (b) per ton of transportation cask and high-level nuclear waste for each transfer of high-level nuclear waste; (c) per ton of storage cask and greater than class C radioactive waste for the storage, decay in storage, treatment, or disposal of greater than class C radioactive waste; and (d) per ton of transportation cask and greater than class C radioactive waste for each transfer of greater than class C radioactive waste. (3) Funds collected under Subsection (2) shall be placed in the Nuclear Accident and Hazard Compensation Account, created in Subsection 19-3-309(3). (4) The owner or operator of the facility shall pay the fees imposed under this section to the department on or before the 15th day of the month following the month in which the fee accrued. (5) Annual fees due under this part accrue on July 1 of each year and shall be paid to the department by July 15 of that year.
Utah Code § 19-3-106.2 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-106.2
§ 19-3-106.2. Perpetual care and maintenance of commercial radioactive waste disposal facilities -- Radioactive Waste Perpetual Care and Maintenance Account created -- Contents -- Use of restricted account money -- Evaluation.
Status: in_force

(1) As used in this section, "perpetual care and maintenance" means perpetual care and maintenance of a commercial radioactive waste treatment or disposal facility, excluding sites within the facility used for the disposal of byproduct material, as required by applicable laws, rules, and license requirements beginning 100 years after the date of final closure of the facility. (2) (a) There is created a restricted account within the General Fund known as the "Radioactive Waste Perpetual Care and Maintenance Account" to finance perpetual care and maintenance of commercial radioactive waste treatment or disposal facilities, excluding sites within those facilities used for the disposal of byproduct material. (b) The sources of revenue for the restricted account are: (i) fees paid into the account by the owner or operator of a commercial radioactive waste treatment or disposal facility; and (ii) investment income derived from money in the restricted account. (c) (i) The revenues for the restricted account shall be segregated into subaccounts for each commercial radioactive waste treatment or disposal facility covered by the restricted account. (ii) Each subaccount shall contain: (A) the fees paid by each owner or operator of a commercial radioactive waste treatment or disposal facility; and (B) the associated investment income. (3) (a) The state treasurer shall invest money in the account with the primary goal of providing for the stability, income, and growth of the principal. (b) The state treasurer shall seek account growth that is designed to achieve a minimum target account balance of $414,838,740 in the year 2141. (c) Nothing in this section requires a specific outcome in investing. (d) The state treasurer may deduct administrative costs incurred in managing account assets from earnings before distributing them. (e) (i) The state treasurer may employ professional asset managers to assist in the investment of assets of the account. (ii) The state treasurer may only provide compensation to asset managers from earnings generated by the account's investments. (f) The state treasurer shall invest and manage the account assets as a prudent investor would, by: (i) considering the purposes, terms, distribution requirements, and other circumstances of the account; and (ii) exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor. (g) In determining whether or not the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall: (i) consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and (ii) evaluate the state treasurer's investment and management decisions respecting individual assets not in isolation, but in the context of an account portfolio as a whole and as a part of an overall investment strategy that has risk and return objectives reasonably suited to the account. (h) (i) Beginning in 2021, the state treasurer shall report every five years to the Legislative Management Committee the following information about the account's investments at the sub-account level: (A) market value of investments; (B) asset allocation targets; (C) investment performance measured against appropriate benchmarks, at the portfolio and individual investment level; (D) projected investment returns; (E) actual contributions; (F) projected 10 and 20 year market values; and (G) whether account growth is progressing adequately to reasonably achieve the minimum target account balance established in Subsection (3)(b). (ii) The Legislative Management Committee shall: (A) review and evaluate the report; and (B) determine whether to recommend further action, including whether to impose a fee on an owner or operator of a commercial radioactive waste treatment or disposal facility for the perpetual care and maintenance of the facility. (4) The Legislature may appropriate money from the Radioactive Waste Perpetual Care and Maintenance Account for: (a) perpetual care and maintenance of a commercial radioactive waste treatment or disposal facility, excluding sites within the facility used for the disposal of byproduct material, beginning 100 years after the date of final closure of the facility; or (b) maintenance or monitoring of, or implementing corrective action at, a commercial radioactive waste treatment or disposal facility, excluding sites within the facility used for the disposal of byproduct material, before the end of 100 years after the date of final closure of the facility, if: (i) the owner or operator is unwilling or unable to carry out postclosure maintenance, monitoring, or corrective action; and (ii) the financial surety arrangements made by the owner or operator, including any required under applicable law, are insufficient to cover the costs of postclosure maintenance, monitoring, or corrective action. (5) The money appropriated from the Radioactive Waste Perpetual Care and Maintenance Account for the purposes specified in Subsection (4)(a) or (b) at a particular commercial radioactive waste treatment or disposal facility may be appropriated only from the subaccount established under Subsection (2)(c) for the facility. (6) The attorney general shall bring legal action against the owner or operator or take other steps to secure the recovery or reimbursement of the costs of maintenance, monitoring, or corrective action, including legal costs, incurred pursuant to Subsection (4)(b). (7) This section does not apply to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source Material.
Utah Code § 19-6-509 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-509
§ 19-6-509. Recycling data -- Publication.
Status: in_force

(1) As used in this section: (a) (i) "Municipal solid waste" means nonhazardous solid waste, including garbage, refuse, office waste, or other similar material that results from the operation of residential, municipal, commercial, or institutional establishments or community activities. (ii) "Municipal solid waste" does not include a plastic or material that is converted or held at an advanced recycling facility, including: (A) post-use polymers; or (B) recovered feedstock. (b) "Recyclable material" means municipal solid waste that is suitable for recycling. (c) "Recyclable material hauler" means a person, including a political subdivision, who: (i) for compensation, collects and transports recyclable material; and (ii) uses the billing and collection system of a political subdivision to bill or collect payment from the recyclable material hauler's customers. (d) "Recycle" means to take action to recover recyclable materials from the municipal solid waste stream for the purposes of use or reuse, conversion into raw materials, or use in the production of new products. (e) "Recycling facility" means a facility that: (i) accepts recyclable material collected and paid for through a political subdivision's billing process; (ii) separates the recyclable material by material type; (iii) sells the recyclable material; and (iv) sends the waste stream contaminant to a landfill. (f) "Recycling facility annual report" is a report submitted each year by a recycling facility to the Division of Waste Management and Radiation Control. (2) A recyclable material hauler shall collect data on the approximate tonnage of recyclable material collected by the recyclable material hauler that the recyclable material hauler delivered directly, or through an intermediary hauler, to: (a) a landfill; or (b) a recycling facility. (3) (a) At least two times each calendar year, a recyclable material hauler shall report the data described in Subsection (2) to each political subdivision that the recyclable material hauler uses for billing and collection. (b) The recyclable material hauler shall provide data under Subsection (3)(a) for the longer of: (i) the time since the recyclable material hauler last provided the data; or (ii) six months before the day on which the data is provided. (4) Within 45 days after the day on which a recyclable material hauler provides data under this section, the political subdivision shall publish the data, as available: (a) in a newsletter produced by the political subdivision; and (b) if the political subdivision operates a website, on the website operated by the political subdivision. (5) (a) A recycling facility shall submit a recycling facility annual report by March 1. (b) The recycling facility shall complete the recycling facility annual report: (i) using the methods approved by the Division of Waste Management and Radiation Control; and (ii) including data collected during the previous calendar year. (c) The Division of Waste Management and Radiation Control shall compile the data submitted in the recycling facility annual reports described in this Subsection (5) by June 1 each year. (6) A political subdivision shall publish the data or an electronic link to the data compiled by the Division of Waste Management and Radiation Control from the recycling facility annual reports described in Subsection (5): (a) in a newsletter produced by the political subdivision that is published between June 1 and October 1 of each year; and (b) if a political subdivision operates a website, on the website each year beginning on a date that occurs between June 1 and October 1, and ending no earlier than December 31 of the same year.
Utah Code § 19-1-306 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-306
§ 19-1-306. Records of the department.
Status: in_force

(1) Except as provided in this section, records of the department shall be subject to Title 63G, Chapter 2, Government Records Access and Management Act. (2) (a) The standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552, and not the standards of Subsections 63G-2-305(1) and (2), shall govern access to records of the department for which business confidentiality has been claimed under Section 63G-2-309, to the extent those records relate to a program: (i) that is delegated, authorized, or for which primacy has been granted to the state; (ii) for which the state is seeking delegation, authorization, or primacy; or (iii) under the federal Comprehensive Environmental Response, Compensation, and Liability Act. (b) The regulation of the United States Environmental Protection Agency interpreting the federal Freedom of Information Act, as it appeared at 40 C.F.R. Part 2 on January 1, 1992, shall also apply to the records described in Subsection (1). (3) (a) The department may, upon request, make trade secret and confidential business records available to the United States Environmental Protection Agency insofar as they relate to a delegated program, to a program for which the state is seeking delegation, or to a program under the federal Comprehensive Environmental Response, Compensation, and Liability Act. (b) In the event a record is released to the United States Environmental Protection Agency under Subsection (3)(a), the department shall convey any claim of confidentiality to the United States Environmental Protection Agency and shall notify the person who submitted the information of its release. (4) Trade secret and confidential business records under Subsection (2) shall be managed as protected records under the Government Records Access and Management Act, and all provisions of that act shall apply except Subsections 63G-2-305(1) and (2). (5) Records obtained from the United States Environmental Protection Agency and requested by that agency to be kept confidential shall be managed as protected records under the Government Records Access and Management Act, and all provisions of that act shall apply except to the extent they conflict with this section.
Utah Code § 19-13-107 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-107
§ 19-13-107. Quarterly consideration.
Status: in_force

The department shall take action quarterly on any application requesting designation as a recycling market development zone.
Utah Code § 19-6-424 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-424
§ 19-6-424. Claims not covered by fund.
Status: in_force

(1) The director may not authorize payments from the fund unless: (a) the claim was based on a release occurring during a period for which that tank was covered by the fund; (b) there are sufficient revenues in the fund; and (c) the claim was made: (i) no later than one year after that fund-covered tank is closed; or (ii) no later than six months after the end of the period during which the tank was covered by the fund. (2) The director may authorize payments from the fund if the claim was made by a responsible party, as determined in accordance with Section 19-6-420 or 19-6-424.5, that: (a) was in good standing with the program under Section 19-6-410.5 at the time ownership ceased; and (b) lost coverage for a release due to the actions or inactions of a subsequent responsible party. (3) The director may not authorize payments from the fund for a petroleum storage tank installation company unless: (a) the claim was based on a release occurring during the period prior to the issuance of a certificate of compliance; (b) the claim was made no later than 12 months after the date the tank is issued a certificate of compliance for that tank; and (c) there are sufficient revenues in the fund. (4) The director may require the claimant to provide additional information as necessary to demonstrate coverage by the fund at the time of submittal of the claim. (5) If the Legislature repeals or refuses to reauthorize the program for petroleum storage tanks established in this part, the director may authorize payments from the fund as provided in this part for claims made until the end of the time period established in Subsection (1), (2), or (3) provided there are sufficient revenues in the fund.
Utah Code § 19-8-103 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-103
§ 19-8-103. Creation of restricted account -- Purposes.
Status: in_force

(1) There is created within the General Fund the Environmental Voluntary Cleanup restricted account. (2) The account shall be used to fund department administration and oversight of voluntary cleanups initiated under this chapter. (3) The account may earn interest, which shall be deposited in the account, to be used for the purposes under this section.
Utah Code § 19-3-106.4 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-106.4
§ 19-3-106.4. Generator site access permits.
Status: in_force

(1) A generator or broker may not transfer radioactive waste to a commercial radioactive waste treatment or disposal facility in the state without first obtaining a generator site access permit from the director. (2) The director may grant a generator site access permit to a generator or broker if: (a) the Nuclear Regulatory Commission or the agreement state where the generator's or broker's facility is located has the jurisdiction to regulate the generator's or broker's handling, packaging, or transporting of radioactive materials; or (b) the generator or broker agrees to grant the division reasonable access to its facilities for the inspection and verification of radioactive waste using Nuclear Regulatory Commission approved accountability guidelines. (3) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing a generator site access permit program. (4) (a) Except as provided in Subsection (4)(b), the division shall establish fees for generator site access permits in accordance with Section 63J-1-504. (b) On and after July 1, 2001, through June 30, 2002, the fees are: (i) $1,300 for generators transferring 1,000 or more cubic feet of radioactive waste per year; (ii) $500 for generators transferring less than 1,000 cubic feet of radioactive waste per year; and (iii) $5,000 for brokers. (c) The division shall deposit fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108. (5) This section does not apply to a generator or broker transferring radioactive waste to a uranium mill licensed under 10 C.F.R. Part 40, Domestic Licensing of Source Material.
Utah Code § 19-11-301 — Utah Code / Title 19 / Chapter 19-11 / § 19-11-301
§ 19-11-301. Utah member of board -- Designation.
Status: in_force

The member of the board representing the state of Utah shall be designated by the governor of the state of Utah.
Utah Code § 19-6-325 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-325
§ 19-6-325. Voluntary agreements -- Parties -- Funds -- Enforcement.
Status: in_force

(1) (a) Under this part, and subject to Subsection (1)(b), the executive director may enter into a voluntary agreement with a responsible party providing for the responsible party to conduct an investigation or a cleanup action on sites that contain hazardous materials. (b) The executive director and a responsible party may not enter into a voluntary agreement under this part unless all known potentially responsible parties: (i) have been notified by either the executive director or the responsible party of the proposed agreement; and (ii) have been given an opportunity to comment on the proposed agreement prior to the parties' entering into the agreement. (2) (a) The executive director may receive funds from any responsible party that signs a voluntary agreement allowing the executive director to: (i) review any proposals outlining how the investigation or cleanup action is to be performed; and (ii) oversee the investigation or cleanup action. (b) Funds received by the executive director under this section shall be deposited in the fund and used by the executive director as provided in the voluntary agreement. (3) If a responsible party fails to perform as required under a voluntary agreement entered into under this part, the executive director may take action and seek penalties to enforce the agreement as provided in the agreement. (4) The executive director may not use the provisions of Section 19-6-310, 19-6-316, or 19-6-318 to recover costs received or expended pursuant to a voluntary agreement from any person not a party to that agreement. (5) (a) Any party who incurs costs under a voluntary agreement in excess of his liability may seek contribution from any other party who is or may be liable under this part for the excess costs in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) In resolving claims made under Subsection (5)(a), the court shall allocate costs using the standards in Subsection 19-6-310(2). (6) This section takes precedence over conflicting provisions in this chapter regarding agreements with responsible parties to conduct an investigation or cleanup action.
Utah Code § 19-6-124 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-124
§ 19-6-124. Burial of nonhazardous solid waste by an individual.
Status: in_force

(1) Notwithstanding any other provision of this chapter, an individual may bury nonhazardous solid waste on the individual's own property if: (a) the individual lives in an area where no public or duly licensed waste disposal service is available; (b) the individual owns the nonhazardous solid waste; and (c) the nonhazardous solid waste is generated on the individual's private property. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules necessary for the administration of this section.
Utah Code § 19-1-105 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-105
§ 19-1-105. Divisions of department -- Control by division directors.
Status: in_force

(1) The following divisions are created within the department: (a) the Division of Air Quality, to administer: (i) Chapter 2, Air Conservation Act; and (ii) Chapter 2a, Air Quality - Special Provisions; (b) the Division of Drinking Water, to administer Chapter 4, Safe Drinking Water Act; (c) the Division of Environmental Response and Remediation, to administer: (i) Chapter 6, Part 3, Hazardous Substances Mitigation Act; and (ii) Chapter 6, Part 4, Petroleum Storage Tank Act; (d) the Division of Waste Management and Radiation Control, to administer: (i) Chapter 3, Radiation Control Act; (ii) Chapter 6, Part 1, Solid and Hazardous Waste Act; (iii) Chapter 6, Part 2, Hazardous Waste Facility Siting Act; (iv) Chapter 6, Part 5, Solid Waste Management Act; (v) Chapter 6, Part 6, Lead Acid Battery Disposal; (vi) Chapter 6, Part 7, Used Oil Management Act; (vii) Chapter 6, Part 8, Waste Tire Recycling Act; (viii) Chapter 6, Part 11, Industrial Byproduct Reuse; (ix) Chapter 6, Part 12, Disposal of Electronic Waste Program; and (x) Chapter 6, Part 13, Testing and Disposal of Solar Panel Waste; and (e) the Division of Water Quality, to administer Chapter 5, Water Quality Act. (2) Each division is under the immediate direction and control of a division director appointed by the executive director. (3) (a) A division director shall possess the administrative skills and training necessary to perform the duties of division director. (b) A division director shall hold one of the following degrees from an accredited college or university: (i) a four-year degree in physical or biological science or engineering; (ii) a related degree; or (iii) a degree in law. (4) The executive director may remove a division director at will. (5) A division director shall serve as the executive secretary to the policymaking board, created in Section 19-1-106, that has rulemaking authority over the division director's division.
Utah Code § 19-1-603 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-603
§ 19-1-603. Environmental Mitigation and Response Fund.
Status: in_force

(1) There is created an expendable special revenue fund known as the Environmental Mitigation and Response Fund. (2) The fund consists of: (a) public and private funding sources made under Subsections (3) and (4); (b) legally binding bankruptcy, financial assurance, or natural resource damage claim settlements; and (c) interest earnings on cash balances. (3) The department may accept contributions for deposit into the fund from public and private sources, including from a source as a condition of a consent decree, settlement agreement, stipulated agreement, or court order. (4) If funds are deposited as part of a consent decree, settlement agreement, stipulated agreement, or court order, the source of the funding may specify terms and conditions in which the funds may be used, in accordance with the consent decree, settlement agreement, stipulated agreement, or court order. (5) Unless mandated by court order, the department may refuse funds if the department determines it is incapable of meeting the terms and conditions of the agreement to obtain the funds, including covering the costs to administer the fund and oversee the implementation of the specific mitigation or response action. (6) The fund may account for assets held by the state for: (a) an individual; (b) a private or public entity; (c) another governmental unit, including a local or federal agency; (d) a state agency; or (e) a Native American tribe.
Utah Code § 19-2-109.6 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-109.6
§ 19-2-109.6. Plantwide applicability limitation -- Publication of guidance required -- Report to committee -- Rulemaking.
Status: in_force

(1) As used in this section: (a) "Facility" means any building, structure, or installation that emits or may emit an air pollutant. (b) "Plantwide applicability limitation" means the same as that term is defined in 40 C.F.R. Sec. 52.21. (2) The director shall, in conformity with the 1990 Clean Air Act and implementing federal regulations: (a) develop written guidance on plantwide applicability limitations: (i) consistent with the EPA's Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review Regulations Memorandum, dated August 4, 2020; (ii) describing the benefits and advantages for a facility that may qualify for a plantwide applicability limitation; (iii) considering examples of relevant guidance materials published in other states; and (iv) considering examples of relevant programs implemented in other states; (b) make rules on plantwide applicability limitations in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) establishing an application procedure for obtaining a plantwide applicability limitation; (ii) establishing the circumstances under which a plantwide applicability limitation may be reopened and adjusted; (iii) ensuring the division receives input from a facility when the facility's plantwide applicability limitation is modified or reopened; (iv) requiring public participation when a facility subject to a plantwide applicability limitation is reopened; and (v) in contrast to 40 C.F.R. Sec. 51.166(w)(10)(iv)(b), requiring the director to renew a plantwide applicability limitation at the same level if the emissions level calculated upon renewal in accordance with 40 C.F.R. Sec. 51.166(w)(6) is equal to or greater than 80% of the existing plantwide applicability limitation level; (c) publish the guidance described in Subsection (2)(a) on the division's website in a manner that is easily accessible to members of industry and the public; (d) identify any facilities in the state that may benefit from a plantwide applicability limitation and share with the facilities the guidance described in Subsection (2)(a); and (e) upon request by a facility, provide individual consultation on how to apply for a plantwide applicability limitation. (3) On or before November 30 of each year, the division shall submit a report to the Natural Resources, Agriculture, and Environment Interim Committee: (a) detailing the status of facilities adopting a plantwide applicability limitation in the state, including the number of plantwide applicability limitation applications approved and rejected; and (b) recommending improvements to the plantwide applicability limitation program. (4) The division may make rules to implement the provisions of this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 19-6-706 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-706
§ 19-6-706. Disposal of used oil -- Prohibitions.
Status: in_force

(1) (a) Except as authorized by the director, or by rule of the board, or as exempted in this section, a person may not place, discard, or otherwise dispose of used oil: (i) in any solid waste treatment, storage, or disposal facility operated by a political subdivision or a private entity, except as authorized for the disposal of used oil that is hazardous waste under state law; (ii) in sewers, drainage systems, septic tanks, surface or ground waters, watercourses, or any body of water; or (iii) on the ground. (b) A person who unknowingly disposes of used oil in violation of Subsection (1)(a)(i) is not guilty of a violation of this section. (2) (a) A person may dispose of an item or substance that contains de minimis amounts of oil in disposal facilities under Subsection (1)(a)(i) if: (i) to the extent reasonably possible all oil has been removed from the item or substance; and (ii) no free flowing oil remains in the item or substance. (b) (i) A nonterne plated used oil filter complies with this section if it is not mixed with hazardous waste and the oil filter has been gravity hot-drained by one of the following methods: (A) puncturing the filter antidrain back valve or the filter dome end and gravity hot-draining; (B) gravity hot-draining and crushing; (C) dismantling and gravity hot-draining; or (D) any other equivalent gravity hot-draining method that will remove used oil from the filter at least as effectively as the methods listed in this Subsection (2)(b)(i). (ii) As used in this Subsection (2), "gravity hot-drained" means drained for not less than 12 hours near operating temperature but above 60 degrees Fahrenheit. (iii) This Subsection (2) does not require a person who recycles an engine block to drain a used oil filter or remove a used oil filter from that engine block. (3) A person may not mix or commingle used oil with the following substances, except as incidental to the normal course of processing, mechanical, or industrial operations: (a) solid waste that is to be disposed of in any solid waste treatment, storage, or disposal facility, except as authorized by the director under this chapter; or (b) any hazardous waste so the resulting mixture may not be recycled or used for another beneficial purpose as authorized under this part. (4) (a) This section does not apply to releases to land or water of de minimis quantities of used oil, except: (i) the release of de minimis quantities of used oil is subject to any regulation or prohibition under the authority of the department; and (ii) the release of de minimis quantities of used oil is subject to any rule made by the board under this part prohibiting the release of de minimis quantities of used oil to the land or water from tanks, pipes, or other equipment in which used oil is processed, stored, or otherwise managed by used oil handlers, except wastewater under Subsection 19-6-708(2)(j). (b) As used in this Subsection (4), "de minimis quantities of used oil:" (i) means small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations; and (ii) does not include used oil discarded as a result of abnormal operations resulting in substantial leaks, spills, or other releases. (5) Used oil may not be used for road oiling, dust control, weed abatement, or other similar uses that have the potential to release used oil in the environment, except in compliance with Section 19-6-711 and board rule. (6) (a) (i) Facilities in existence on July 1, 1993, and subject to this section may apply to the director for an extension of time beyond that date to meet the requirements of this section. (ii) The director may grant an extension of time beyond July 1, 1993, upon a finding of need under Subsection (6)(b) or (c). (iii) The total of all extensions of time granted to one applicant under this Subsection (6)(a) may not extend beyond January 1, 1995. (b) The director upon receipt of a request for an extension of time may request from the facility any information the director finds reasonably necessary to evaluate the need for an extension. This information may include: (i) why the facility is unable to comply with the requirements of this section on or before July 1, 1993; (ii) the processes or functions which prevent compliance on or before July 1, 1993; (iii) measures the facility has taken and will take to achieve compliance; and (iv) a proposed compliance schedule, including a proposed date for being in compliance with this section. (c) Additional extensions of time may be granted by the director upon application by the facility and a showing by the facility that: (i) the additional extension is reasonably necessary; and (ii) the facility has made a diligent and good faith effort to comply with this section within the time frame of the prior extension.
Utah Code § 19-3-321 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-321
§ 19-3-321. Exemptions.
Status: in_force

This part does not apply to interim storage of nuclear waste if: (1) the waste: (a) is produced from a project authorized by the United States Department of Energy; (b) is from a test reactor; and (c) is produced at a facility owned by the state; and (2) the project described in Subsection (1)(a) is permitted and licensed by the division under this title.
Utah Code § 19-6-116 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-116
§ 19-6-116. Application of part subject to state assumption of primary responsibility from federal government -- Authority of political subdivisions.
Status: in_force

(1) The requirements of this part applicable to the generation, treatment, storage, or disposal of hazardous waste, and the rules adopted under this part, do not take effect until this state is qualified to assume, and does assume, primacy from the federal government for the control of hazardous wastes. (2) This part does not alter the authority of political subdivisions of the state to control solid and hazardous wastes within their local jurisdictions so long as any local laws, ordinances, or rules are not inconsistent with this part or the rules of the board.
Utah Code § 19-6-602 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-602
§ 19-6-602. Lead acid batteries -- Disposal limitations.
Status: in_force

(1) A person may not place, discard, or otherwise dispose of a lead acid battery in any solid waste treatment, storage, or disposal facility operated by a municipality, county, other political subdivision, or other entity. All lead acid batteries shall be disposed of by delivery to: (a) a lead acid battery retailer as provided in Section 19-6-603; (b) a lead acid battery wholesaler; (c) a collection or recycling facility; or (d) a secondary lead smelter that meets state and federal permit requirements. (2) (a) Lead acid batteries shall be removed from vehicles prior to crushing or shredding. (b) The removed lead acid batteries shall be disposed of in accordance with this part.
Utah Code § 19-1-111 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-111
§ 19-1-111. Governance committee with local health departments.
Status: in_force

(1) As used in this section: (a) "Exempt application" means an application for federal funding that meets the criteria established under Subsection (3)(g). (b) "Federal funding" means a grant, contract, or other funding from the federal government that could provide funds for a local health department to fulfill the duties and responsibilities of the local health department. (c) "Governance committee" means the committee created in Subsection (2). (2) The department shall establish a committee that consists of: (a) the executive director or the executive director's designee; (b) two representatives of the department appointed by the executive director; and (c) three representatives of local health departments appointed by a group representing all the local health departments in the state. (3) The governance committee shall: (a) review all state and federal funding to the department to identify funding that the department may use to support: (i) the requirements of Subsection 26A-1-106(3); and (ii) the minimum performance standards created by the department under Subsection 26A-1-106(4); (b) review the allocation of environmental quality resources between the department and the local health departments, including whether funds allocated by contract or cooperative agreement were: (i) allocated in accordance with the formula described in Section 26A-1-116; and (ii) subject to requirements satisfying or exceeding the minimum performance standards created by the department under Section 26A-1-106; (c) evaluate rules and department policies that affect a local health department in accordance with Subsection (4); (d) consider policy changes proposed by the department or by a local health department; (e) coordinate the implementation of environmental quality programs to maximize environmental quality resources; (f) except as provided by Subsection (3)(g), review each department application for any federal funding that affects a local health department before the department submits the application; and (g) establish a process by which the committee may exempt an application for federal funding from the review required under Subsection (3)(f). (4) When evaluating a policy or rule that affects a local health department, the governance committee shall: (a) compute an estimate of the cost a local health department will bear to comply with the policy or rule; (b) specify whether there is any funding provided to a local health department to implement the policy or rule; and (c) advise whether the policy or rule is needed. (5) The governance committee shall create bylaws to govern the committee's operations.
Utah Code § 19-6-407 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-407
§ 19-6-407. Registration -- Change of ownership or operation -- Civil penalty.
Status: in_force

(1) (a) An owner or operator of an underground storage tank shall register the tank with the director if the tank: (i) is in use; or (ii) was closed after January 1, 1974. (b) If a new person assumes ownership or operational responsibilities for an underground storage tank, that person shall inform the director of the change by no later than 30 days after the change occurs. (c) An installer of an underground storage tank shall notify the director by no later than 30 days before the installation of an underground storage tank. (2) (a) An owner or operator of an aboveground petroleum storage tank shall register the aboveground petroleum storage tank with the director if the aboveground petroleum storage tank is in use after May 5, 2021. (b) If a new person assumes ownership or operational responsibilities for an aboveground petroleum storage tank, the new person shall inform the director of the change by no later than 30 days after the change occurs. (c) An installer of an aboveground petroleum storage tank shall notify the director at least 30 days before the installation of an aboveground petroleum storage tank. (d) An owner or operator of an aboveground petroleum storage tank shall register the aboveground petroleum storage tank by no later than: (i) June 30, 2022, if the aboveground petroleum storage tank is installed on or before June 30, 2022; or (ii) if the aboveground petroleum storage tank is installed on or after July 1, 2022, at least 30 days before the day on which installation of the aboveground petroleum storage tank begins. (e) When notifying the director under this Subsection (2), an owner of an aboveground petroleum storage tank described in this Subsection (2) shall pay a processing fee established under Section 63J-1-504. (f) Before operating an aboveground petroleum storage tank on or after June 30, 2023, the owner or operator of the aboveground petroleum storage tank shall provide financial responsibility by participating in the program under Section 19-6-410.5 or demonstrating coverage through another method approved by the board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (g) (i) The director shall certify when an owner or operator of an aboveground petroleum storage tank is in compliance with this Subsection (2). (ii) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the identification, through a tag or other readily identifiable method, of an aboveground petroleum storage tank under Subsection (2)(a) that is not certified by the director as in compliance with this Subsection (2). (3) The director may issue a notice of agency action assessing a civil penalty in the amount of $1,000 if an owner, operator, or installer of an underground storage tank or aboveground petroleum storage tank fails to register the tank or provide notice as required in Subsection (1) or (2). (4) The penalties collected under authority of this section shall be deposited in the Petroleum Storage Tank Restricted Account created in Section 19-6-405.5.
Utah Code § 19-6-712 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-712
§ 19-6-712. Issuance of permits -- Public comments and hearing.
Status: in_force

(1) In considering permit applications under this part, the director shall: (a) ensure the application is complete prior to acting on it; (b) (i) publish notice of the permit application and the opportunity for public comment in: (A) a newspaper of general circulation in the state; and (B) a newspaper of general circulation in the county where the operation for which the application is submitted is located; and (ii) as required in Section 45-1-101; (c) allow the public to submit written comments to the director within 15 days after date of publication; (d) consider timely submitted public comments and the criteria established in this part and by rule in determining whether to grant the permit; and (e) send a written copy of the decision to the applicant and to persons submitting timely comments under Subsection (1)(c). (2) The director's decision under this section may be appealed to the executive director as provided by rule.
Utah Code § 19-4-111 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-111
§ 19-4-111. Prohibition of fluoride in public water systems.
Status: in_force

(1) As used in this section, "fluoride" means a chemical compound that contains the fluoride ion and is used to fluoridate drinking water, including: (a) fluorosilicic acid; (b) sodium fluorosilicate; or (c) sodium fluoride. (2) A person may not add fluoride to water in, or water that will be introduced into, a public water system. (3) A political subdivision may not enact or enforce an ordinance that requires or permits the addition of fluoride to water in, or water that will be introduced into, a public water system.
Utah Code § 19-13-106 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-106
§ 19-13-106. Eligibility review.
Status: in_force

(1) The department shall: (a) review and evaluate an application submitted under Section 19-13-104; and (b) determine whether the municipality or county is eligible for designation as a recycling market development zone. (2) In designating recycling market development zones, the department shall consider: (a) whether the current waste management practices and conditions of the county or municipality are favorable to the development of postconsumer waste material markets; (b) whether the creation of the zone is necessary to assist in attracting private sector recycling investments to the area; and (c) the amount of available landfill capacity to serve the zone.
Utah Code § 19-1-305 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-305
§ 19-1-305. Administrative enforcement proceedings -- Tolling of limitation period.
Status: in_force

Issuing a notice of a violation, an order, or a notice of agency action under this title tolls the running of the period of limitation for commencing a civil action to assess or collect a penalty until the sooner of: (1) the day on which the notice of violation, order, or agency action becomes final under Title 63G, Chapter 4, Administrative Procedures Act; or (2) three years from the day on which the department issues a notice or order described in this section.
Utah Code § 19-2-109.1 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-109.1
§ 19-2-109.1. Operating permit required -- Fees -- Implementation.
Status: in_force

(1) A person may not operate a source of air pollution required to have a permit under Title V of the 1990 Clean Air Act without having obtained an operating permit from the director under procedures the board establishes by rule. (2) (a) Operating permits issued under this section shall be for a period of five years unless the director makes a written finding, after public comment and hearing, and based on substantial evidence in the record, that an operating permit term of less than five years is necessary to protect the public health and the environment of the state. (b) The director may issue, modify, or renew an operating permit only after providing public notice, an opportunity for public comment, and an opportunity for a public hearing. (c) The director shall, in conformity with the 1990 Clean Air Act and implementing federal regulations, revise the conditions of issued operating permits to incorporate applicable federal regulations in conformity with Section 502(b)(9) of the 1990 Clean Air Act, if the remaining period of the permit is three or more years. (d) The director may terminate, modify, revoke, or reissue an operating permit for cause. (3) If the owner or operator of a source subject to this section fails to timely pay a fee established under Subsection 19-1-201(1)(f), the director may: (a) impose a penalty of not more than 50% of the fee, in addition to the fee, plus interest on the fee computed at 12% annually; or (b) revoke the operating permit. (4) The owner or operator of a source subject to this section may contest a fee assessment or associated penalty in an adjudicative hearing under the Title 63G, Chapter 4, Administrative Procedures Act, and Section 19-1-301, as provided in this Subsection (4). (a) The owner or operator shall pay the fee under protest before being entitled to a hearing. Payment of a fee or penalty under protest is not a waiver of the right to contest the fee or penalty under this section. (b) A request for a hearing under this Subsection (4) shall be made after payment of the fee and within six months after the fee was due. (5) To reinstate an operating permit revoked under Subsection (3) the owner or operator shall pay the outstanding fees, a penalty of not more than 50% of outstanding fees, and interest on the outstanding fees computed at 12% annually. (6) Failure of the director to act on an operating permit application or renewal is a final administrative action only for the purpose of obtaining judicial review by any of the following persons to require the director to take action on the permit or the permit's renewal without additional delay: (a) the applicant; (b) a person who participated in the public comment process; or (c) a person who could obtain judicial review of that action under applicable law.
Utah Code § 19-13-109 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-109
§ 19-13-109. Revocation of designations.
Status: in_force

(1) The department may revoke the designation of a recycling market development zone if no businesses utilize the tax incentives during any calendar year. (2) Before revocation of the zone, the department shall conduct a public hearing within a reasonable distance of the zone to determine reasons for inactivity and explore possible alternative actions.
Utah Code § 19-3-314 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-314
§ 19-3-314. Local jurisdiction.
Status: in_force

This part does not preclude any political subdivision of the state from establishing additional requirements under applicable state and federal law.
Utah Code § 19-12-305 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-305
§ 19-12-305. Rulemaking authority.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of a certification related to air pollution, other than air pollution related to property described in Subsection (3), the Air Quality Board may make rules establishing procedures for: (a) processing and evaluating an application for certification; and (b) the issuance and revocation of a certification. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of a certification related to water pollution, other than water pollution related to property described in Subsection (3), the Water Quality Board may make rules establishing procedures for: (a) processing and evaluating an application for certification; and (b) the issuance or revocation of a certification. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of a certification related to property within the jurisdiction of the Board of Oil, Gas, and Mining under Section 40-6-5, the Board of Oil, Gas and Mining may make rules establishing procedures for: (a) processing and evaluating an application for certification; and (b) the issuance or revocation of a certification.
Utah Code § 19-2-203 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-203
§ 19-2-203. Grants and programs -- Conditions.
Status: in_force

(1) The director may make grants for implementing: (a) verified technologies for eligible vehicles or equipment; and (b) certified vehicles, engines, or equipment. (2) (a) The division may develop programs, including exchange, rebate, or low-cost purchase programs, to encourage replacement of: (i) landscaping and maintenance equipment with equipment that is lower in emissions; and (ii) other equipment or products identified by the board in rule as being a significant potential source of air pollution, as defined in Subsection 19-2-102(3). (b) The division may enter into agreements with local health departments to administer the programs described in Subsection (2)(a). (3) As a condition for receiving the grant, a person receiving a grant under Subsection (1) or receiving a grant under this Subsection (3) shall agree to: (a) provide information to the division about the vehicles, equipment, or technology acquired with the grant proceeds; (b) allow inspections by the division to ensure compliance with the terms of the grant; (c) permanently disable replaced vehicles, engines, and equipment from use; and (d) comply with the conditions for the grant. (4) Grants and programs under Subsections (1) and (2) may be administered using a rebate program. (5) Grants issued under this section may not exceed the actual cost of the project.
Utah Code § 19-2-303 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-303
§ 19-2-303. Grants and programs -- Conditions.
Status: in_force

7/1/2026 (1) The director may make grants from the Conversion to Alternative Fuel Grant Program Fund created in Section 19-1-403.3 to a person who installs conversion equipment on an eligible vehicle as described in this part. (2) A person who installs conversion equipment on an eligible vehicle: (a) may apply to the division for a grant to offset the cost of installation; and (b) shall pass along any savings on the cost of conversion equipment to the owner of the eligible vehicle being converted in the amount of grant money received. (3) As a condition for receiving the grant, a person who installs conversion equipment shall agree to: (a) provide information to the division about the eligible vehicle to be converted with the grant proceeds; (b) allow inspections by the division to ensure compliance with the terms of the grant; and (c) comply with the conditions for the grant. (4) A grant issued under this section may not exceed the lesser of 50% of the cost of the conversion system and associated labor, or $2,500, per converted eligible vehicle.
Utah Code § 19-13-102 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-102
§ 19-13-102. Definitions.
Status: in_force

As used in this part: (1) "Composting" means the controlled decay of landscape waste or sewage sludge and organic industrial waste, or a mixture of these, by the action of bacteria, fungi, molds, and other organisms. (2) "Postconsumer waste material" means any product generated by a business or consumer that has served its intended end use, and that has been separated from solid waste for the purposes of collection, recycling, and disposition and that does not include secondary waste material. (3) (a) "Recovered materials" means waste materials and by-products that have been recovered or diverted from solid waste. (b) "Recovered materials" does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (4) (a) "Recycling" means the diversion of materials from the solid waste stream and the beneficial use of the materials and includes a series of activities by which materials that would become or otherwise remain waste are diverted from the waste stream for collection, separation, and processing, and are used as raw materials or feedstocks in lieu of or in addition to virgin materials in the manufacture of goods sold or distributed in commerce or the reuse of the materials as substitutes for goods made from virgin materials. (b) "Recycling" does not include burning municipal solid waste for energy recovery. (5) "Recycling market development zone" or "zone" means an area designated by the office as meeting the requirements of this part. (6) (a) "Secondary waste material" means industrial by-products that go to disposal facilities and waste generated after completion of a manufacturing process. (b) "Secondary waste material" does not include internally generated scrap commonly returned to industrial or manufacturing processes, such as home scrap and mill broke. (7) "Tax incentive" means a nonrefundable tax credit available under Section 59-7-610 or 59-10-1007.
Utah Code § 19-6-106 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-106
§ 19-6-106. 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 Resource Conservation and Recovery Act and, to the extent the board may have jurisdiction, under the federal Comprehensive Environmental Response, Compensation and Liability Act, or the federal Emergency Planning and Community Right to Know Act of 1986, 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 purposes described in Subsection (1), only if it 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. 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 conclusion.
Utah Code § 19-6-1307 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1307
§ 19-6-1307. Violations -- Civil penalty.
Status: in_force

(1) Any person that violates a requirement of this part or any order issued or rule made under the authority of this part is subject to a civil penalty of not more than $10,000 per day for each day of violation. (2) (a) The director may enforce a requirement, rule, agreement, or order issued under this part by bringing an action in a court under Title 78A, Judiciary and Judicial Administration. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director shall bring an action in a court in the county where the solar panel waste is located. (3) The division shall deposit a civil penalty collected under this part into the account described in Section 19-6-1303.
Utah Code § 19-6-306 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-306
§ 19-6-306. Civil penalty -- Lawsuits.
Status: in_force

(1) Any person who violates any final order or rule issued or made under this part is subject in a civil proceeding to a penalty of not more than $10,000 per day for each day of violation. (2) Any person who violates the terms of any agreement made under authority of this part is subject in a civil proceeding to pay: (a) any penalties stipulated in the agreement; or (b) if no penalties are stipulated in the agreement, a penalty of not more than $10,000 per day for each day of violation. (3) Except as provided in Subsection 19-1-303.5(2) and unless prohibited by federal law, the executive director shall deposit all money collected from a civil penalty under this section into the General Fund. (4) (a) The executive director may enforce any orders issued under authority of this part by bringing a suit to enforce the order in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the executive director brings a suit described in Subsection (4)(a) in the district court, the executive director shall bring the suit in: (i) Salt Lake County; or (ii) the county where the hazardous substances release occurred. (c) After a remedial investigation has been completed, the executive director may bring a suit in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, against all responsible parties, asking the court for injunctive relief and to apportion liability among the responsible parties for performance of remedial action.
Utah Code § 19-6-505 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-505
§ 19-6-505. Long-term agreements for joint action -- Construction, acquisition, or sale of interest in management facilities -- Issuance of bonds.
Status: in_force

(1) (a) Two or more public entities, which for the purposes of this section shall only include any political subdivision of the state, the state and its agencies, and the United States and its agencies, may enter into long-term agreements with one another pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, and any one or more public entities may enter into long-term agreements with any private entity or entities for joint or cooperative action related to the acquisition, construction, ownership, operation, maintenance, and improvement of solid waste management facilities, regardless of whether the facilities are owned or leased by a public entity or entities, private entity or entities, or combination of them and pursuant to which solid waste of one or more public entities, any private entity or entities, or combination of them, are made available for solid waste management pursuant to the terms, conditions, and consideration provided in the agreement. (b) Any payments made by a public entity for services received under the agreement are not an indebtedness of the public entity within the meaning of any constitutional or statutory restriction, and no election is necessary for the authorization of the agreement. (c) Any public entity or any public entity in combination with a private entity agreeing to make solid waste management facilities available may, in the agreement, agree to make available to other public entities a specified portion of the capacity of the solid waste management facilities, without regard to its future need of the specified capacity for its own use and may in the agreement agree to increase the capacity of its solid waste management facilities from time to time, as necessary, in order to take care of its own needs and to perform its obligations to the other parties to the agreement. (2) (a) Two or more public entities or any one or more public entities together with any private entity or entities may construct or otherwise acquire joint interests in solid waste management facilities, or any part of them, for their common use, or may sell to any other public or private entity or entities a partial interest or interests in its solid waste management facility. (b) Any public entity otherwise qualifying under Title 11, Chapter 14, Local Government Bonding Act or Title 11, Chapter 17, Utah Industrial Facilities and Development Act may issue its bonds pursuant to these acts for the purpose of acquiring a joint interest in solid waste management facilities, or any part thereof, whether the joint interest is to be acquired through construction of new facilities or the purchase of an interest in existing facilities.
Utah Code § 19-1-108 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-108
§ 19-1-108. Environmental Quality Restricted Account.
Status: in_force

(1) There is created the Environmental Quality Restricted Account. (2) The sources of money for the Environmental Quality Restricted Account are: (a) radioactive waste disposal fees collected under Sections 19-3-106 and 19-3-106.4 and other fees collected under Subsection 19-3-104(5) or 19-3-104(6); (b) hazardous waste disposal fees collected under Section 19-6-118; (c) PCB waste disposal fees collected under Section 19-6-118.5; (d) nonhazardous solid waste fees collected under Section 19-6-119; and (e) the investment income derived from money in the Environmental Quality Restricted Account. (3) In each fiscal year the balance of the money collected from the waste disposal fees listed in Subsection (2), collectively, shall be deposited into the Environmental Quality Restricted Account. (4) The Legislature may annually appropriate money from the Environmental Quality Restricted Account to the department for the costs of administering: (a) radiation control programs; and (b) solid and hazardous waste programs. (5) Each fiscal year beginning on or after July 1, 2018, and ending on or before June 30, 2022, the Division of Finance shall transfer $200,000 from the Environmental Quality Restricted Account to the Hazardous Substances Mitigation Fund, to provide money to: (a) meet the state's cost share requirements for cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq. as amended; and (b) respond to an emergency as provided in Section 19-6-309. (6) After the requirements of Subsection (3) are met, sources of money for the Environmental Quality Restricted Account described in Subsection (2)(a) may only be used for the purpose described in Subsection (4)(a). (7) To stabilize funding for the radiation control programs and the solid and hazardous waste programs, the Legislature shall in years of excess revenues reserve in the Environmental Quality Restricted Account sufficient money to meet departmental needs in years of projected shortages. (8) The Legislature may not appropriate money from the General Fund to the department as a supplemental appropriation to cover the costs of the radiation control programs and the solid and hazardous waste programs in an amount exceeding 25% of the amount of waste disposal fees collected during the most recent prior fiscal year. (9) Money appropriated under this part that is not expended at the end of the fiscal year lapses into the Environmental Quality Restricted Account. (10) (a) The balance in the Environmental Quality Restricted Account may not exceed $4,000,000 above the anticipated revenue need for the money in the Environmental Quality Restricted Account for the fiscal year. (b) Excess funds under Subsection (10)(a) shall be credited on a proportionate basis to each person who paid money to the Environmental Quality Restricted Account in the previous fiscal year.
Utah Code § 19-2-120 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-120
§ 19-2-120. Information required of owners or operators of air pollutant sources.
Status: in_force

The owner or operator of a stationary air pollutant source in the state shall furnish to the director the reports required by rules made in accordance with Section 19-2-104 and any other information the director finds necessary to determine whether the source is in compliance with state and federal regulations and standards. The information shall be correlated with applicable emission standards or limitations and shall be available to the public during normal business hours at the office of the division.
Utah Code § 19-6-418 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-418
§ 19-6-418. Recovery of costs by director.
Status: in_force

(1) The director may recover: (a) from a responsible party the proportionate share of costs the party is responsible for as determined under Section 19-6-424.5; (b) any amount required to be paid by the owner under this part which the owner has not paid; and (c) costs of collecting the amounts in Subsections (1)(a) and (1)(b). (2) The director may pursue an action or recover costs from any other person if that person caused or substantially contributed to the release. (3) All costs recovered under this section shall be deposited in the Petroleum Storage Tank Cleanup Fund created in Section 19-6-405.7.
Utah Code § 19-6-428 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-428
§ 19-6-428. Eligibility for participation in the fund.
Status: in_force

(1) Subject to Section 19-6-410.5, an owner or operator of a petroleum storage tank may elect to participate in the program by meeting the requirements of this part, including paying the tank fees and environmental assurance fee as provided in Sections 19-6-410.5 and 19-6-411. (2) (a) If an owner or operator elects to participate in the program after a period of non-participation, the owner or operator of the petroleum storage tank shall, in order to subsequently participate in the program: (i) perform a tank tightness test; (ii) except as provided in Subsection (2)(b), (c), or (d), perform a site check, including soil and, when applicable, groundwater samples, to demonstrate that no release of petroleum exists or that there has been adequate remediation of releases as required by board rules; (iii) provide the required tests and samples to the director; and (iv) comply with the requirements of this part. (b) A site check under Subsection (2)(a)(ii) is not required if the director determines, with reasonable cause, that soil and groundwater samples are unnecessary to establish that no petroleum has been released. (c) (i) For an aboveground petroleum storage tank, a site check under Subsection (2)(a)(ii) is not required to participate in the program and historic contamination is covered as provided in Subsection (2)(c)(ii) if the release meets the requirements of this part. (ii) (A) Historic contamination, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, is covered only if the historic contamination is discovered more than five years after the day the owner or operator elects to participate in the program. (B) Historic contamination is 20% covered beginning on the five-year date after five years of continuous participation in the program. (C) Historic contamination is covered at increasing amounts of 20% each year after the five years of continuous participation in the program until after 10 years of continuous participation in the program the historic contamination is covered at 100%. (iii) New releases, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are covered at 100% beginning on the day the aboveground petroleum storage tank participates in the program. (d) (i) For an underground storage tank that previously elected not to participate in the program, a site check under Subsection (2)(a)(ii) is not required to begin participating in the program and historic contamination is covered as provided in under Subsection (2)(d)(ii) if the release meets the requirements of this part. (ii) (A) Historic contamination, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, is covered only if the historic contamination is discovered more than five years after the day the owner or operator elects to participate in the program. (B) Historic contamination is 20% covered after five years of continuous participation in the program. (C) Historic contamination is covered at increasing amounts of 20% each year after the five years of continuous participation in the program until after 10 years of continuous participation in the program the historic contamination is covered at 100%. (iii) New releases, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, are covered at 100% beginning on the day the underground storage tank participates in the program. (3) The director shall review the tests and samples provided under Subsection (2)(a)(iii) to determine: (a) whether or not any release of the petroleum has occurred; or (b) if the remediation is adequate.
Utah Code § 19-6-805 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-805
§ 19-6-805. Recycling fee.
Status: in_force

(1) (a) A recycling fee is imposed upon each purchase from a tire retailer of a new tire by a consumer. The fee shall be paid by the consumer to the tire retailer at the time the new tire is purchased. (b) The recycling fee does not apply to recapped or resold used tires. (2) The fee for each tire with a rim diameter up to and including 24.5 inches, single or dual bead capacity is $1.
Utah Code § 19-6-904 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-904
§ 19-6-904. Decontamination specialist reporting to local health departments.
Status: in_force

(1) A certified decontamination specialist is required to report to the local health department the location of any property that is the subject of decontamination work by that decontamination specialist. The report shall be submitted prior to commencement of the decontamination work. (2) The report under Subsection (1) shall include: (a) sufficient information to allow the local health department to investigate and verify the location of the property, including the address and description of the property; and (b) a proposed work plan for decontaminating the property. (3) Upon completion of the decontamination process, a report certifying that the property is decontaminated shall be submitted to the local health department within 30 days.
Utah Code § 19-13-108 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-108
§ 19-13-108. Duration of designation.
Status: in_force

A recycling market development zone designation ends five years from the date the department designates the area as a recycling market development zone, at the end of which the county or municipality may reapply for the designation.
Utah Code § 19-6-319 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-319
§ 19-6-319. Remedial action investigation report -- Remedial action plan implementation -- Enforcement provisions.
Status: in_force

(1) Upon receipt of a remedial action investigation report for a proposed national priority list site or a scored site, the executive director shall: (a) review the report; (b) provide a period for public comment; and (c) issue an order defining the remedial action plan for the facility. (2) (a) To implement the remedial action plan, the executive director shall seek to reach an agreement with all responsible parties to perform the remedial action. (b) In reaching an agreement for a proposed national priority list site, the executive director shall follow procedures established by the National Contingency Plan to avoid inconsistent state and federal action. (c) The executive director may define in the agreement the remedial action required and the time limits for completion of the remedial action. (d) If the responsible parties fail to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement.
Utah Code § 19-1-106 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-106
§ 19-1-106. Boards within department.
Status: in_force

(1) The following policymaking boards are created within the department: (a) the Air Quality Board, appointed under Section 19-2-103; (b) the Drinking Water Board, appointed under Section 19-4-103; (c) the Water Quality Board, appointed under Section 19-5-103; and (d) the Waste Management and Radiation Control Board, appointed under Section 19-6-103. (2) The authority of the boards created in Subsection (1) is limited to the specific authority granted them under this title. (3) A vacancy that occurs during an expired term in a board described in Subsection (1) shall be filled in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
Utah Code § 19-6-321 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-321
§ 19-6-321. Construction with other state and federal laws -- Governmental immunity.
Status: in_force

(1) Except as provided in Subsection (2), nothing in this part affects or modifies in any way the obligations or liability of any person under a contract or any other provision of this part or state or federal law, including common law, for damages, indemnification, injury, or loss associated with a hazardous material or substance release or a substantial threat of a hazardous material or substance release. (2) In addition to the governmental immunity granted in Title 63G, Chapter 7, Governmental Immunity Act of Utah, the state and its political subdivisions are not liable for actions performed under this part except as a result of intentional misconduct or gross negligence including reckless, willful, or wanton misconduct. (3) Nothing in this part affects, limits, or modifies in any way the authority granted to the state, any state agency, or any political subdivision under other state or federal law.
Utah Code § 19-14-104 — Utah Code / Title 19 / Chapter 19-14 / § 19-14-104
§ 19-14-104. Federal engagement -- Agreement State status expansion -- Cooperative agreements -- Reporting.
Status: in_force

(1) The division shall: (a) evaluate the feasibility and benefit of pursuing expanded Agreement State status with the Nuclear Regulatory Commission regarding nuclear fuel cycle activities; (b) if the division determines that pursuing expanded Agreement State status is feasible and beneficial, pursue expanded Agreement State status with the Nuclear Regulatory Commission; and (c) develop procedures for coordinating with the Nuclear Regulatory Commission on regulatory processes retained by the federal government. (2) The director may enter into cooperative agreements or memoranda of understanding with the Nuclear Regulatory Commission or other federal agencies to: (a) implement this chapter; (b) facilitate coordination between state and federal nuclear energy regulation; (c) ensure consistent regulatory standards; (d) share technical expertise and resources; and (e) provide for joint inspections or other cooperative activities. (3) On or before November 30 of each year, the division shall report to the Natural Resources, Agriculture, and Environment Interim Committee regarding: (a) progress toward expanded Agreement State status; (b) nuclear fuel cycle activities licensed or regulated by the state; (c) fees collected under Section 19-14-103; (d) staffing levels and training activities for the office; (e) coordination activities with federal agencies; and (f) any significant challenges or issues encountered in implementing this chapter.