Utah Code § 19-6-117 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-117
§ 19-6-117. Action against insurer or guarantor.
Status: in_force

(1) The state may assert a cause of action directly against an insurer or guarantor of an owner or operator if: (a) a cause of action exists against an owner or operator of a treatment, storage, or disposal facility, based upon conduct for which the director requires evidence of financial responsibility under Section 19-6-108, and that owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the federal Bankruptcy Code; or (b) jurisdiction over an owner or operator, who is likely to be solvent at the time of judgment, cannot be obtained in state or federal court. (2) In that action, the insurer or guarantor may assert all rights and defenses available to the owner or operator, in addition to rights and defenses that would be available to the insurer or guarantor in an action brought against him by the owner or operator.
Utah Code § 19-6-711 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-711
§ 19-6-711. Application of used oil to the land -- Limitations.
Status: in_force

(1) A person may not apply used oil to the land as a dust or weed suppressant or for other similar applications to the land unless the person has obtained: (a) written authorization as required under this chapter; and (b) a permit from the director. (2) The applicant for a permit under this section shall demonstrate: (a) the used oil is not mixed with any hazardous waste; (b) the used oil does not exhibit any hazardous characteristic other than ignitability; and (c) how the applicant will minimize the impact on the environment of the use of used oil as a dust or weed suppressant or for other similar applications to the land. (3) Prior to acting on the application, the director shall provide public notice of the application and shall provide opportunity for public comment under Section 19-6-712.
Utah Code § 19-7-109 — Utah Code / Title 19 / Chapter 19-7 / § 19-7-109
§ 19-7-109. Incentives for voluntary disclosure and compliance -- Waiver of civil penalties.
Status: in_force

(1) As used in this section, "regulated entity" means any person, business, or other entity subject to regulation under Title 19, Environmental Quality Code. (2) The department shall waive civil penalties for an instance of noncompliance with an environmental law or requirement: (a) that a regulated entity discovered through an environmental self-evaluation; (b) that a regulated entity voluntarily disclosed to the department in writing within 21 days after the entity's discovery of the violation; (c) that a regulated entity remedied or corrected within 60 days after discovery of the violation, or within a reasonable amount of time if the violation cannot be remedied within 60 days; and (d) regarding which the regulated entity submitted to the department a written outline of reasonable steps the regulated entity will take to prevent a recurrence. (3) The department may not waive penalties under Subsection (2) if: (a) the instance of noncompliance resulted from a lack of due diligence in complying with environmental laws, taking into account the size and nature of the regulated entity; (b) the instance of noncompliance is a recurrence of a similarly caused specific violation or a violation of the specific terms of a judicial or administrative consent order or agreement; (c) the instance of noncompliance resulted from reckless or willful disregard of environmental laws; (d) the regulated entity conducted the environmental self-evaluation for a fraudulent purpose; (e) the department had already initiated a compliance investigation at the time of the disclosure and the regulated entity had been advised of or was aware of the investigation; (f) the instance of noncompliance was discovered pursuant to a legally mandated monitoring, testing, or sampling requirement prescribed by law, rule, permit, order, or consent agreement; or (g) the instance of noncompliance resulted in serious actual harm or imminent and substantial endangerment to human health or the environment. (4) (a) To the extent the instance of noncompliance resulted in an economic benefit or competitive advantage over other similar regulated entities that did achieve compliance, the department may seek a civil penalty to recover the monetary amount of the economic benefit or competitive advantage resulting from the incidence of noncompliance. (b) Action under this Subsection (4) is not prohibited by Subsection (2). (5) This section does not limit the department's discretion in reducing penalties for noncompliance with an environmental law which may not fully qualify for waiver under this section, but which the department determines should be appropriately reduced.
Utah Code § 19-6-415 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-415
§ 19-6-415. Participation of excluded or exempt tanks.
Status: in_force

(1) An underground storage tank exempt from regulation under 40 C.F.R., Part 280, Subpart A, may become eligible for payments from the Petroleum Storage Tank Fund if the underground storage tank: (a) (i) is a farm or residential tank with a capacity of 1,100 gallons or less and is used for storing motor fuel for noncommercial purposes; (ii) is used for storing heating oil for consumptive use on the premises where stored; or (iii) is used for any oxygenate blending component for motor fuels; (b) complies with the requirements of Section 19-6-412; (c) meets other requirements established by rules made under Section 19-6-403; and (d) pays registration and tank fees and environmental assurance fees, equivalent to those fees outlined in Sections 19-6-408, 19-6-410.5, and 19-6-411. (2) An aboveground petroleum storage tank excluded from the definition of aboveground petroleum storage tank under Section 19-6-402, may become eligible for payments from the Petroleum Storage Tank Fund if the owner or operator: (a) pays those fees that are equivalent to the registration and tank fees and environmental assurance fees under Sections 19-6-408, 19-6-410.5, and 19-6-411; (b) complies with the requirements of Section 19-6-412; and (c) meets other requirements established by rules made under Section 19-6-403.
Utah Code § 19-3-202 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-202
§ 19-3-202. Practices of party states regarding low-level waste shipments -- Fees for inspections.
Status: in_force

(1) Each party state agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state including: (a) maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state; (b) periodic unannounced inspection of the premises of the generators and the waste management activities on the premises; (c) authorization of the containers in which the waste may be shipped, and a requirement that generators use only the type of containers authorized by the state; (d) assurance that inspections of the carriers which transport the waste are conducted by proper authorities, and appropriate enforcement action taken for violations; and (e) after receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, taking appropriate action to assure that the violations do not recur including the inspection of every individual low-level waste shipment by that generator. (2) Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this compact. (3) Nothing in this section limits any party state's authority to impose additional or more stringent standards on generators or carriers than those required under this section.
Utah Code § 19-2-106 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-106
§ 19-2-106. Rulemaking authority and procedure.
Status: in_force

(1) (a) In carrying out the duties of Section 19-2-104, the board may make rules for the purpose of administering a program under the federal Clean Air Act different than the corresponding federal regulations which address the same circumstances if: (i) the board holds a public comment period, as described in Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and a public hearing; and (ii) the board finds that the different rule will provide reasonable added protections to public health or the environment of the state or a particular region of the state. (b) The board shall consider the differences between an industry that continuously produces emissions and an industry that episodically produces emissions, and make rules that reflect those differences. (2) The findings described in Subsection (1)(a)(ii) shall be: (a) in writing; and (b) based on evidence, studies, or other information contained in the record that relates to the state of Utah and type of source involved. (3) In making rules, the board may incorporate by reference corresponding federal regulations.
Utah Code § 19-3-309 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-309
§ 19-3-309. Restricted accounts.
Status: in_force

(1) There is created within the General Fund a restricted account known as the "Nuclear Waste Facility Oversight Account" and referred to in this section as the "oversight account". (2) (a) The oversight account shall be funded from the fees imposed and collected under Subsections 19-3-308(1)(a) and (b). (b) The department shall deposit in the oversight account all fees collected under Subsections 19-3-308(1)(a) and (b). (c) The Legislature may appropriate the funds in this oversight account to departments of state government as necessary for those departments to carry out their duties to implement this part. (d) The department shall account separately for money paid into the oversight account for each separate application made pursuant to Section 19-3-304. (3) (a) There is created within the General Fund a restricted account known as the "Nuclear Accident and Hazard Compensation Account," to be referred to as the "compensation account" within this part. (b) The compensation account shall be funded from the fees assessed and collected under this part, except for Subsections 19-3-308(1)(a) and (b). (c) The department shall deposit in the compensation account all fees collected under this part, except for those fees under Subsections 19-3-308(1)(a) and (b). (d) The compensation account shall earn interest, which shall be deposited in the account. (e) The Legislature may appropriate the funds in the compensation account to the departments of state government as necessary for those departments to comply with the requirements of this part. (4) On the date when a state license is issued in accordance with Subsection 19-3-301(4)(a), the Division of Finance shall transfer all fees remaining in the oversight account attributable to that license into the compensation account.
Utah Code § 19-1-404 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-404
§ 19-1-404. Department duties -- Rulemaking -- Loan repayment.
Status: in_force

(1) The department shall: (a) administer the fund created in Section 19-1-403 and the federal money described in Subsection 19-1-403(2) to encourage emission reductions through energy efficient building practices and the use and acquisition of clean vehicles; and (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) specifying the amount of money in the fund and federal money to be dedicated annually for grants; (ii) limiting the number of motor vehicles per fleet operator that may be eligible for a grant in a year; (iii) specifying criteria the department shall consider in prioritizing and awarding loans and grants; (iv) specifying repayment periods; (v) specifying procedures for: (A) awarding loans and grants; and (B) collecting loans; and (vi) requiring loan and grant applicants to: (A) apply on forms provided by the department; (B) if the loan or grant is for a clean vehicle, agree in writing to use the clean fuel for which each clean vehicle is converted or purchased using loan or grant proceeds for a minimum of 70% of the vehicle miles traveled beginning from the time of conversion or purchase of the clean vehicle; (C) if the loan or grant is for a clean vehicle, agree in writing to notify the department if a clean vehicle converted or purchased using loan or grant proceeds becomes inoperable through mechanical failure or accident and to pursue a remedy outlined in department rules; (D) if the loan or grant is for a clean vehicle, provide reasonable data to the department on a clean vehicle converted or purchased with loan or grant proceeds; and (E) if the loan or grant is for a clean vehicle, submit a clean vehicle converted or purchased with loan or grant proceeds to inspections by the department as required in department rules and as necessary for administration of the loan and grant program. (2) (a) When developing repayment schedules for the loans, the department shall consider the projected savings from use of the clean vehicle. (b) A repayment schedule may not exceed 10 years. (c) The department shall make a loan from the fund or federal money described in Subsection 19-1-403(2) for a private sector business vehicle at an interest rate equal to the annual return earned in the state treasurer's Public Treasurer's Pool as determined the month immediately preceding the closing date of the loan. (d) The department shall make a loan from the fund or federal money described in Subsection 19-1-403(2) for a government vehicle with no interest rate. (3) The Division of Finance shall: (a) collect and account for the loans; and (b) have custody of the loan documents, including notes and contracts, evidencing the indebtedness of the fund or federal money described in Subsection 19-1-403(2).
Utah Code § 19-8-102 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-102
§ 19-8-102. Definitions.
Status: in_force

As used in this chapter: (1) "Account" means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. (2) "Agreement" means a voluntary cleanup agreement under this chapter. (3) "Applicant" means the person: (a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or (b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. (4) "Completion" means, regarding property covered by an agreement: (a) no further response actions are necessary; or (b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. (5) "Contaminant" means: (a) hazardous materials as defined in Section 19-6-302; (b) hazardous substance as defined in Section 19-6-302; (c) hazardous waste as defined in Section 19-6-102; (d) hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D, or Table One, 40 C.F.R. 261.24; (e) pollution as defined in Section 19-5-102; (f) regulated substance as defined in Section 19-6-402; and (g) solid waste as defined in Section 19-6-102. (6) "Environmental assessment" means the assessment described in Section 19-8-107. (7) "Executive director" means the executive director of the Utah Department of Environmental Quality or the executive director's representative. (8) "Program" means the Voluntary Environmental Cleanup Program created under this chapter. (9) "Response action" means the cleanup or removal of a contaminant from the environment. (10) "Solid waste" has the same meaning as defined in Section 19-6-102.
Utah Code § 19-6-1104 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1104
§ 19-6-1104. Applications for industrial byproduct reuse -- Approval by the director -- Exemption of approved industrial byproducts.
Status: in_force

(1) A person may submit to the director an application to reuse an industrial byproduct in a project. (2) The director shall respond to an application submitted under Subsection (1) within 60 days of the day on which the director determines the application is complete. (3) The director shall approve an application submitted under Subsection (1) if the applicant shows: (a) the industrial byproduct meets the health risk standard applicable to commercial or industrial exposure; (b) the industrial byproduct satisfies the applicable toxicity characteristic leaching procedure; and (c) the proposed method of installation and type of reuse meet the applicable health risk standard. (4) If the director approves or has approved an application to reuse an industrial byproduct under Subsection (3): (a) a person may reuse the industrial byproduct in any project; and (b) the reuse of the industrial byproduct is exempt from a requirement under this chapter to provide: (i) a human health or ecological risk assessment or site management plan; and (ii) an environmental covenant, as that term is defined in Section 57-25-102.
Utah Code § 19-6-411 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-411
§ 19-6-411. Petroleum storage tank fee for program participants.
Status: in_force

(1) In addition to the petroleum storage tank registration fee paid in Section 19-6-408, the owner or operator of a petroleum storage tank who elects to participate in the program under Section 19-6-410.5 shall also pay the following petroleum storage tank fees to the department for each facility: (a) an annual fee of: (i) $450 for each tank in a facility with an annual facility throughput rate of 70,000 gallons or less; (ii) $150 for each tank in a facility with an annual facility throughput rate of greater than 70,000 gallons; and (iii) $450 for each tank in a facility regarding which: (A) the facility's throughput rate is not reported to the department by no later than 30 days after the date this throughput information is requested by the department; or (B) the owner or operator elects to pay the fee under this Subsection (1)(a)(iii), rather than report under Subsection (1)(a)(i) or (ii); and (b) for any new tank: (i) that is installed to replace an existing tank at an existing facility, any annual petroleum storage tank fee paid for the current fiscal year for the existing tank is applicable to the new tank; and (ii) installed at a new facility or at an existing facility, which is not a replacement for another existing tank, the fees are as provided in Subsection (1)(a)(ii). (2) (a) As a condition of receiving a petroleum storage tank installation permit and being eligible for benefits under Section 19-6-419 from the fund, a petroleum storage tank installation company shall pay to the department the following fees to be deposited in the fund: (i) an annual fee of: (A) $2,000 per petroleum storage tank installation company if the installation company has installed 15 or fewer petroleum storage tanks within the 12 months preceding the fee due date; or (B) $4,000 per petroleum storage tank installation company if the installation company has installed 16 or more petroleum storage tanks within the 12 months preceding the fee due date; and (ii) $200 for each petroleum storage tank installed in the state, to be paid before installation begins. (b) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying which portions of a petroleum storage tank installation shall be subject to the permitting fees when less than a complete petroleum storage tank system is installed. (3) (a) Fees under Subsection (1) are due on or before July 1 annually. (b) If the department does not receive payment of the fee on or before July 1, the department shall impose a civil penalty of $100 per facility. (c) (i) The fee and the civil penalty accrue interest at 12% per annum. (ii) If the fee, the civil penalty, and all accrued interest are not received by the department by no later than September 1, the eligibility of the owner or operator to receive payments for claims against the fund lapses. (iii) In order for the owner or operator to reinstate eligibility to receive payments for claims against the fund, the owner or operator shall meet the requirements of Subsection 19-6-428(2). (4) (a) (i) Fees under Subsection (2)(a)(i) are due 30 days before the petroleum storage tank installation company begins the first install of a fiscal year. If the department does not receive payment of the fees 30 days before the petroleum storage tank installation company begins the first install of a fiscal year, the department shall impose a civil penalty of $100 per petroleum storage tank installation company. The fee and the civil penalty accrue interest at 12% per annum. (ii) If payment of the fee, civil penalty, and all accrued interest due are not received by the department by no later than 30 days after the petroleum storage tank installation company begins the first install of the fiscal year, the petroleum storage tank installation company's permit and eligibility to receive payments for claims against the fund lapse on the 31st day after the petroleum storage tank installation company begins the first install of the fiscal year. (b) (i) A petroleum storage tank installation company shall pay the fees under Subsection (2)(a) before installation and issuance of a petroleum storage tank installation company permit. If the department does not receive payment of the fees before installation, the department shall impose a civil penalty of $500 per petroleum storage tank. The fee and the civil penalty accrue interest at 12% per annum. (ii) If installation is complete without paying the installation permit fee and having a valid petroleum storage tank installation company permit, the petroleum storage tank installation company is not eligible to receive payments for claims against the fund for releases from the petroleum storage tank being installed that may occur before a certificate of compliance is issued for that petroleum storage tank. (c) The director may not reissue the petroleum storage tank installation company permit until the fee, civil penalty, and accrued interest are received by the department. (5) If the executive director determines that the fees established in Subsections (1) and (2) and the environmental assurance fee established in Section 19-6-410.5 are insufficient to maintain the fund on an actuarially sound basis, the executive director may petition the Legislature to increase the petroleum storage tank and petroleum storage tank installation company permit fees, and the environmental assurance fee to a level that will sustain the fund on an actuarially sound basis. (6) The director may waive all or part of the fees required to be paid for a petroleum storage tank under this section if no fuel has been dispensed from the tank on or after July 1, 1991. (7) (a) The director shall issue a certificate of compliance to the owner or operator of a petroleum storage tank, for which payment of fees has been made and other requirements have been met to qualify for a certificate of compliance under this part. (b) 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 a petroleum storage tank under Subsection (7)(a) that does not qualify for a certificate of compliance under this part.
Utah Code § 19-6-507 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-507
§ 19-6-507. Flow control for solid waste prohibited -- Exceptions.
Status: in_force

(1) Except as provided in Subsection (2), a public entity may not require solid waste discarded or rejected within the public entity's jurisdiction to be stored, recovered, or disposed of at a solid waste management facility owned or operated by a public entity. (2) A public entity may require solid waste discarded or rejected within the public entity's jurisdiction to be stored, recovered, or disposed of at a solid waste management facility owned or operated by a public entity if: (a) the solid waste is municipal residential waste; (b) no more than one landfill that may take the solid waste exists within: (i) the public entity's jurisdiction; and (ii) 125 miles outside the public entity's jurisdiction, as measured from the landfill's primary entrance by following the shortest route of ordinary travel by motor vehicle; or (c) the solid waste management facility owned or operated by the public entity receives less than 75 tons of solid waste per day. (3) A requirement described in Subsection (1) that is: (a) in effect on January 1, 2008 is void as of January 1, 2013; and (b) adopted on or after January 2, 2008 and in effect on May 4, 2008 is void as of May 5, 2008. (4) A person engaged in solid waste management that is aggrieved by a violation of this section may seek judicial review of the violation in a court of competent jurisdiction.
Utah Code § 19-1-403 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-403
§ 19-1-403. Clean Fuels and Emission Reduction Technology Program -- Contents -- Loans or grants made with fund money.
Status: in_force

(1) (a) There is created a revolving fund known as the Clean Fuels and Emission Reduction Technology Fund. (b) The fund consists of: (i) appropriations to the fund; (ii) other public and private contributions made under Subsection (1)(c); (iii) interest earnings on cash balances; and (iv) money collected for loan repayments and interest on loans. (c) The department may accept contributions from other public and private sources for deposit into the fund. (2) The department may accept federal money, including from the Infrastructure Investment and Jobs Act, P.L. 117-58, toward making: (a) a loan or grant for the cost of a new clean vehicle or refueling equipment; or (b) a grant for: (i) the installation of energy-efficient building envelope improvements at a dwelling; or (ii) construction of a qualified energy-efficient residential dwelling. (3) (a) The department may make a loan or a grant: (i) with money available in the fund for: (A) the conversion of a private sector business vehicle, a government vehicle, or a fleet of private sector business vehicles or government vehicles to use a clean fuel, if certified by the Air Quality Board under Subsection 19-1-405(1)(a); or (B) the purchase of a clean vehicle for use as a private sector business vehicle, a government vehicle, or a fleet of private sector business vehicles or government vehicles; and (ii) with federal money available under Subsection (2) for the cost of a new clean vehicle or clean vehicle refueling equipment. (b) The amount of a loan for any vehicle under Subsection (3)(a) may not exceed: (i) the actual cost of the vehicle conversion; (ii) the incremental cost of purchasing the clean vehicle; or (iii) the cost of purchasing the clean vehicle if there is no documented incremental cost. (c) The amount of a grant for any vehicle under Subsection (3)(a) may not exceed: (i) 50% of the actual cost of the vehicle conversion for the vehicle for which a grant is requested; or (ii) 100% of the cost of purchasing the vehicle for the vehicle for which a grant is requested. (d) (i) Subject to the availability of money in the fund or the federal money described in Subsection (2), the department may make a loan or grant for the purchase of refueling equipment for a private sector business vehicle, a government vehicle, or a fleet of private sector business vehicles or government vehicles. (ii) The maximum amount loaned or granted per installation of refueling equipment may not exceed the actual cost of the refueling equipment. (4) The department may: (a) establish an application fee for a loan or grant under this section by following Section 63J-1-504; and (b) reimburse itself for the costs incurred in administering the fund and federal money described in Subsection (2) from: (i) the fund; or (ii) application fees established under Subsection (4)(a). (5) (a) A loan made from money in the fund or federal money described in Subsection (2) shall be supported by loan documents evidencing the intent of the borrower to repay the loan. (b) The original loan documents described in this Subsection (5) shall be filed with the Division of Finance and a copy shall be filed with the department. (6) (a) The department may make grants to a person or government agency from the fund for the following: (i) installation of energy-efficient building envelope improvements at a dwelling; and (ii) construction of a qualified energy-efficient residential dwelling. (b) The size of a grant under this Subsection (6) shall be commensurate with the square footage of a dwelling, but may not exceed $5,000 per dwelling. (c) The department shall determine grant allocation under this Subsection (6). (d) The department may not issue a loan from the fund for the purposes outlined in Subsection (6)(a).
Utah Code § 19-4-114 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-114
§ 19-4-114. Source and storage minimum sizing requirements for public water systems.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b), upon submission of plans for a substantial addition to or alteration of a community water system, the director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of more than 3,300 based on at least the most recent three years of a community water system's actual water use data submitted in accordance with Subsections 19-4-104(1)(c)(iv) and (v). (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available to the division, or if the community water system determines that the data submitted does not represent future system use, the director may establish source and storage minimum sizing requirements for the community water system based on: (i) an engineering study submitted by the community water system and accepted by the director; or (ii) at least three years of historical water use data that is: (A) submitted by the community water system; and (B) accepted by the director. (c) A community water system serving a population of more than 3,300 shall provide the information necessary to establish the system-specific standards described in this Subsection (1) by no later than March 1, 2019. (2) (a) By no later than October 1, 2023, and except as provided in Subsection (2)(b), the director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of between 500 and no more than 3,300 based on at least the most recent three years of a community water system's actual water use data submitted in accordance with Subsections 19-4-104(1)(c)(iv) and (v). (b) If the water use data required under Subsection 19-4-104(1)(c)(iv) is not available to the division, or if the community water system determines that the data submitted does not represent future system use, the director may establish source and storage minimum sizing requirements for the community water system based on: (i) an engineering study submitted by the community water system and accepted by the director; or (ii) at least three years of historical water use data that is: (A) submitted by the community water system; and (B) accepted by the director. (c) A community water system serving a population of between 500 and no more than 3,300 shall provide the information necessary to establish system-specific standards described in this Subsection (2) by no later than March 1, 2023. (3) The director shall establish system-specific source and storage minimum sizing requirements for a community water system serving a population of fewer than 500 based on: (a) at least the most recent three years of a community water system's actual water use data submitted to the division and accepted by the director; (b) an engineering study submitted by the community water system and accepted by the director; (c) standards, comparable to those of established community water systems, as determined by the director; or (d) relevant information, as determined by the director. (4) The director shall: (a) for community water systems described in Subsection (3), establish a schedule to transition from statewide sizing standards to system-specific standards; (b) establish minimum sizing standards for public water systems that are not community water systems; (c) provide for the routine evaluation of changes to the system-specific standards; and (d) include, as part of system-specific standards, necessary fire storage capacity in accordance with the state fire code adopted under Section 15A-1-403 and as determined by the local fire code official. (5) The director may adjust system-specific sizing standards, established under this section for a public water system, based on information submitted by the public water system addressing the effect of any wholesale water deliveries or other system-specific conditions affecting infrastructure needs. (6) Except as provided for under Subsection (7), a wholesale water supplier is exempt from this section if the wholesale water supplier serves: (a) a total population of more than 10,000; and (b) a wholesale population that is 75% or more of the total population served. (7) Upon request of a wholesale water supplier and the community water systems receiving water from the wholesale water supplier, the director may establish regional source and storage minimum sizing standards for community water systems receiving water from the wholesale water supplier using actual water use data submitted by the wholesale water supplier and the community water systems served by the wholesale water supplier. (8) The director may adjust system-specific sizing standards established under this section for a public water system based on adopted enforceable water conservation measures that are consistent with regional water conservation goals adopted pursuant to Subsection 73-10-32(2)(d)(ii)(A) or (B).
Utah Code § 19-6-422 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-422
§ 19-6-422. Participation by state risk manager in suit, claim, or settlement.
Status: in_force

(1) If a suit is filed or a claim is made against a responsible party who is eligible for payments from the fund for bodily injury or property damage connected with a release of petroleum from a petroleum storage tank, the state risk manager and the state risk manager's legal counsel may participate with the responsible party and the responsible party's legal counsel in: (a) the defense of any suit; (b) determination of legal strategy and any other decisions affecting the defense of any suit; and (c) any settlement negotiations. (2) The state risk manager shall approve any settlement between the responsible party and a third party before payment of fund money is made.
Utah Code § 19-4-112 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-112
§ 19-4-112. Limit on authority of department and board to control irrigation facilities -- Precautions relating to nonpotable water systems.
Status: in_force

(1) Except as provided in this section and in Section 19-5-104, nothing contained in this chapter authorizes the department or board to: (a) exercise administrative control over water used solely for irrigation purposes, whether conveyed in pipes, ditches, canals, or by other facilities; or (b) adopt rules relating to the construction, operation, and maintenance of facilities for conveying irrigation water to the place of use. (2) Where nonpotable water is conveyed in pipelines under pressure in areas served by a potable water system, the following precautions shall be observed: (a) a distinctive coloring or other marking on all exposed portions of the nonpotable system shall be used; (b) potable and nonpotable water system service lines and extensions shall be completely separated and shall be installed in separate trenches; (c) all hydrants and sprinkling system control valves shall be operated by a removable key so that it is not possible to turn on the hydrant or valve without a key; (d) there shall be no cross connection between the potable and nonpotable water systems; (e) the nonpotable system may not be extended into any building except greenhouses or other buildings for plant and animal production; and (f) no connection in the nonpotable water system shall be made except by the persons responsible for its management.
Utah Code § 19-6-420 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-420
§ 19-6-420. Releases -- Abatement actions -- Corrective actions.
Status: in_force

(1) If the director determines that a release from a petroleum storage tank has occurred, the director shall: (a) identify and name as many of the responsible parties as reasonably possible; and (b) determine which responsible parties, if any, are covered by the fund regarding the release in question. (2) Regardless of whether the petroleum storage tank generating the release is covered by the fund: (a) the director may order the owner or operator to take abatement, or investigative or corrective action, including the submission of a corrective action plan; and (b) if the owner or operator fails to comply with the action ordered by the director under Subsection (2)(a), the director may take one or more of the following actions: (i) subject to the conditions in this part, use money from the fund, if the tank involved is covered by the fund, state cleanup appropriation, or the Petroleum Storage Tank Cleanup Fund created under Section 19-6-405.7 to perform investigative, abatement, or corrective action; (ii) commence an enforcement proceeding; (iii) enter into agreements or issue orders as allowed by Section 19-6-424.5; (iv) recover costs from responsible parties equal to their proportionate share of liability as determined by Section 19-6-424.5; or (v) where the owner or operator is the responsible party, revoke the responsible party's certificate of compliance, as described in Section 19-6-414. (3) (a) Subject to the limitations established in Section 19-6-419, the director shall provide money from the fund for abatement action for a release generated by a tank covered by the fund if: (i) the owner or operator takes the abatement action ordered by the director; and (ii) the director approves the abatement action. (b) If a release presents the possibility of imminent and substantial danger to the public health or the environment, the owner or operator may take immediate abatement action and petition the director for reimbursement from the fund for the costs of the abatement action. If the owner or operator can demonstrate to the satisfaction of the director that the abatement action was reasonable and timely in light of circumstances, the director shall reimburse the petitioner for costs associated with immediate abatement action, subject to the limitations established in Section 19-6-419. (c) The owner or operator shall notify the director within 24 hours of the abatement action taken. (4) (a) If the director determines corrective action is necessary, the director shall order the owner or operator to submit a corrective action plan to address the release. (b) If the owner or operator submits a corrective action plan, the director shall review the corrective action plan and approve or disapprove the plan. (c) In reviewing the corrective action plan, the director shall consider the following: (i) the threat to public health; (ii) the threat to the environment; and (iii) the cost-effectiveness of alternative corrective actions. (5) If the director approves the corrective action plan or develops the director's own corrective action plan, the director shall: (a) approve the estimated cost of implementing the corrective action plan; (b) order the owner or operator to implement the corrective action plan; (c) (i) if the release is covered by the fund, determine the amount of fund money to be allocated to an owner or operator to implement a corrective action plan; and (ii) subject to the limitations established in Section 19-6-419, provide money from the fund to the owner or operator to implement the corrective action plan. (6) (a) The director may not distribute any money from the fund for corrective action until the owner or operator obtains the director's approval of the corrective action plan. (b) An owner or operator who begins corrective action without first obtaining approval from the director and who is covered by the fund may be reimbursed for the costs of the corrective action, subject to the limitations established in Section 19-6-419, if: (i) the owner or operator submits the corrective action plan to the director by no later than seven days after beginning corrective action; and (ii) the director approves the corrective action plan. (7) If the director disapproves the plan, the director shall solicit a new corrective action plan from the owner or operator. (8) If the director disapproves the second corrective action plan, or if the owner or operator fails to submit a second plan within a reasonable time, the director may: (a) develop an alternative corrective action plan; and (b) act as authorized under Subsections (2) and (5). (9) (a) When notified that the corrective action plan has been implemented, the director shall inspect the location of the release to determine whether or not the corrective action has been properly performed and completed. (b) If the director determines the corrective action has not been properly performed or completed, the director may issue an order requiring the owner or operator to complete the corrective action within the time specified in the order. (10) (a) For releases not covered by the fund, the director may recover from the responsible party expenses incurred by the division for managing and overseeing the abatement, and investigation or corrective action of the release. These expenses shall be: (i) billed quarterly per release; (ii) due by no later than 30 days from billing; (iii) deposited into the Petroleum Storage Tank Cleanup Fund established in Section 19-6-405.7; (iv) used by the division for the administration of the petroleum storage tank program outlined in this part; and (v) billed per hourly rates as established under Section 63J-1-504. (b) If the responsible party fails to pay expenses under Subsection 10(a), the director may: (i) revoke the responsible party's certificate of compliance, as described in Section 19-6-414, if the responsible party is also the owner or operator; and (ii) pursue an action to collect expenses in Subsection 10(a), including the costs of collection. (11) This section does not apply to a release of a substance defined as a regulated substance in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980.
Utah Code § 19-6-421 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-421
§ 19-6-421. Third party payment restrictions and requirements.
Status: in_force

(1) If there are sufficient revenues in the fund, and subject to the provisions of Sections 19-6-419, 19-6-422, and 19-6-423, the director shall authorize payment from the fund to third parties regarding a release covered by the fund as provided in Subsection (2) if: (a) (i) he is notified that a final judgment or award has been entered against the responsible party covered by the fund that determines liability for bodily injury or property damage to third parties caused by a release from the tank; or (ii) approved by the state risk manager, the responsible party has agreed to pay an amount in settlement of a claim arising from the release; and (b) the responsible party has failed to satisfy the judgment or award, or pay the amount agreed to. (2) The director shall authorize payment to the third parties of the amount of the judgment, award, or amount agreed to subject to the limitations established in Section 19-6-419.
Utah Code § 19-6-709 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-709
§ 19-6-709. Reclamation of site or facility.
Status: in_force

(1) The owner or operator of any of the following operations shall reclaim the site of the operation to a post-operations land use, as approved by the board in coordination with the department, when the operation ceases or the permit is revoked: (a) DIYer used oil collection center; (b) used oil collection center; (c) used oil aggregation point; (d) used oil transfer facility; or (e) used oil processing or rerefining facility. (2) DIYer used oil collection centers, used oil collection centers, and used oil aggregation points are not required to post a reclamation surety under this part, but are subject to the reclamation requirements of this section. (3) Facilities and sites required to be permitted under this part shall post a reclamation surety in a form and amount required by board rule prior to issuance of a permit.
Utah Code § 19-6-1304 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1304
§ 19-6-1304. Distributed generation fee -- Deposit of revenue.
Status: in_force

(1) The division shall impose a fee on a small-scale solar entity installed on or after January 1, 2026, in an amount of: (a) for a small-scale solar entity of 2 megawatts or less, $10 for each installed system; or (b) for a small-scale solar entity between 2 megawatts and 20 megawatts, $500 for each installed system. (2) The division may collect the fee described in Subsection (1): (a) no more than one time in calendar year 2026; and (b) no more than one time in calendar year 2027. (3) The division shall deposit the revenue collected from the fee under this section: (a) into the account described in Section 19-6-1303; and (b) for the costs of conducting the study on solar panel recycling described in Section 19-6-1309. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules for the collection of fees under this section.
Utah Code § 19-5-125 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-125
§ 19-5-125. Yurt exemption.
Status: in_force

(1) As used in this section: (a) "Backcountry waste containment and disposal system" means a pickle pail, rocket box, tube toilet, John-E partner, or similar container used to collect and carry out waste, including fecal matter. (b) "Remote yurt" means the same as that term is defined in Section 15A-1-202. (2) Unless otherwise provided by ordinance in accordance with Subsection 15A-1-204(12)(b), a remote yurt is exempt from this chapter, rules made under this chapter, and local health department's jurisdiction over onsite wastewater disposal, except that the owner of a remote yurt shall ensure that an individual using the remote yurt uses a backcountry waste containment and disposal system and the local health department may enforce the provisions of this section.
Utah Code § 19-13-105 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-105
§ 19-13-105. Qualifying local contributions.
Status: in_force

Qualifying local contributions to the recycling market development zone may vary depending on available resources, and may include: (1) simplified procedures for obtaining permits; (2) dedication of available government grants; (3) waiver of business license or permit fees; (4) infrastructure improvements; (5) private contributions; (6) utility rate concessions; (7) suspension or relaxation of locally originated zoning laws or general plans; and (8) other proposed local contributions as the department finds promote the purposes of this part.
Utah Code § 19-5-108.5 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-108.5
§ 19-5-108.5. Storm water permits.
Status: in_force

(1) As used in this section: (a) "Applicant" means a person who is conducting or proposing to conduct a use of land and who a permittee requires or allows to use low impact development. (b) "Independent review" is a review conducted: (i) in accordance with this section; and (ii) by an engineer, or engineering firm, designated by the division as having technical expertise in the area of storm water calculations. (c) "Low impact development" means structural or natural engineered systems located close to the source of storm water that use or mimic natural processes to encourage infiltration, evapotranspiration, or reuse of the storm water. (d) "Permittee" means a municipality or county with a storm water permit under the Utah Pollutant Discharge Elimination System. (e) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage. (f) "Storm water permit" means a permit issued to a permittee by the division for the permittee's municipal separate storm sewer system. (g) "Utah Pollutant Discharge Elimination System" means the state-wide program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits under this chapter. (2) A permittee shall reduce any requirement for an applicant to manage or control storm water runoff rates or storm water runoff volumes for flood control purposes to account for the reduction in storm water associated with approved low impact development practices. (3) The director shall create and maintain a list of engineers, including engineering firms, capable of providing independent review of low impact development designs and storm water calculations for use by an applicant and a permittee pursuant to an appeal described in Subsection (4). (4) (a) An applicant who appeals a permittee's determination regarding post-construction retention requirements under the permittee's storm water permit may request the permittee to refer the appeal to independent review for purposes of determining the technical aspects of the appeal, including: (i) the required size of any low impact development system; (ii) the calculations of reductions in storm water runoff rates or storm water runoff volumes for flood control due to the use of low impact development; and (iii) the feasibility of constructing low impact development practices required by the permittee. (b) If an applicant makes a request under Subsection (4)(a): (i) the permittee shall: (A) select an engineer or engineering firm from the list described in Subsection (3); and (B) pay one-half of the cost of the independent review. (ii) An engineer or engineering firm selected by the permittee under Subsection (4)(b)(i) may not be: (A) associated with the application that is the subject of the appeal; or (B) employed by the permittee. (iii) The applicant shall pay: (A) one-half of the cost of the independent review; and (B) the municipality's published appeal fee.
Utah Code § 19-6-816.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-816.5
§ 19-6-816.5. Fund balance maintenance.
Status: in_force

(1) As used in this section: (a) "Qualified recycler" means a recycler who is qualified to receive a partial reimbursement under Section 19-6-809 during a fiscal year for which there are surplus funds. (b) "Surplus funds" means, at the end of a fiscal year, money in the fund in excess of $2,000,000 after all partial reimbursements and payments to local health departments as provided in this part have been paid. (2) At the end of a fiscal year, the Division of Finance shall use surplus funds to make payments to qualified recyclers equal to $10 for each ton of waste tires, material derived from waste tires, or chipped tires, for which the recycler received a partial reimbursement under Subsection 19-6-809(2). (3) If the surplus funds are insufficient to make the payments described in Subsection (2), the Division of Finance shall prorate the amount per ton that is paid to each qualified recycler. (4) The Division of Finance may not make a payment under this section that would cause the balance of the fund to be less than $2,000,000.
Utah Code § 19-6-902 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-902
§ 19-6-902. Definitions.
Status: in_force

As used in this part: (1) "Board" means the Waste Management and Radiation Control Board, as defined in Section 19-1-106, within the Department of Environmental Quality. (2) "Certified decontamination specialist" means an individual who has met the standards for certification as a decontamination specialist and has been certified by the board under Subsection 19-6-906(2). (3) "Contaminated" or "contamination" means: (a) polluted by hazardous materials that cause property to be unfit for human habitation or use due to immediate or long-term health hazards; or (b) that a property is polluted by hazardous materials as a result of the use, production, or presence of methamphetamine in excess of decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409. (4) "Contamination list" means a list maintained by the local health department of properties: (a) reported to the local health department under Section 19-6-903; and (b) determined by the local health department to be contaminated. (5) (a) "Decontaminated" means property that at one time was contaminated, but the contaminants have been removed. (b) "Decontaminated" for a property that was contaminated by the use, production, or presence of methamphetamine means that the property satisfies decontamination standards adopted by the Department of Health and Human Services under Section 26B-7-409. (6) "Hazardous materials": (a) has the same meaning as "hazardous or dangerous material" as defined in Section 76-18-501; and (b) includes any illegally manufactured controlled substances. (7) "Health department" means a local health department under Title 26A, Local Health Authorities. (8) "Owner of record": (a) means the owner of real property as shown on the records of the county recorder in the county where the property is located; and (b) may include an individual, financial institution, company, corporation, or other entity. (9) "Property": (a) means any real property, site, structure, part of a structure, or the grounds surrounding a structure; and (b) includes single-family residences, outbuildings, garages, units of multiplexes, condominiums, apartment buildings, warehouses, hotels, motels, boats, motor vehicles, trailers, manufactured housing, shops, or booths. (10) "Reported property" means property that is the subject of a law enforcement report under Section 19-6-903.
Utah Code § 19-4-109 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-109
§ 19-4-109. Violations -- Penalties -- Reimbursement for expenses.
Status: in_force

(1) As used in this section: (a) "Criminal negligence" means the same as that term is defined in Section 76-2-103. (b) "Receiver" means an individual appointed by the court as the court's agent to take possession of, manage, and, if authorized by this section or court order, transfer, sell, divest, lease, license, exchange, collect, or otherwise dispose of receivership property. (2) (a) A person that violates this chapter, a rule or order issued under the authority of this chapter, or the terms of a permit or other administrative authorization issued under the authority of this chapter is subject to a civil penalty: (i) not to exceed $1,000 per day per violation, with respect to a public water system serving a population of less than 10,000 individuals; or (ii) exactly $1,000 per day per violation, with respect to a public water system serving a population of more than 10,000 individuals. (b) In all cases, each day of violation is considered a separate violation. (3) The director may assess and make a demand for payment of a civil penalty under this section and may compromise or settle that penalty. (4) To make a demand for payment of a civil penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act: (a) the date, facts, and nature of each act or omission charged; (b) the provision of the statute, rule, order, permit, or administrative authorization that is alleged to have been violated; (c) each penalty that the director proposes to assess, together with the amount and date of effect of that penalty; and (d) that failure to pay the penalty or respond may result in a civil action for collection. (5) A person notified according to Subsection (4) may request an adjudicative proceeding. (6) Upon request by the director, the attorney general may institute a civil action to collect a penalty assessed under this section. (7) (a) A person who, with criminal negligence, violates any rule or order made or issued pursuant to this chapter, or with criminal negligence fails to take corrective action required by an order, is guilty of a class B misdemeanor and subject to a fine of not more than $5,000 per day for each day of violation. (b) A person described in Subsection (7)(a) is subject in a civil proceeding to a civil penalty of not more than $5,000 per day for each day of violation. (8) (a) The director may bring a civil action for appropriate relief, including a permanent or temporary injunction, for a violation for which the director is authorized to issue a compliance order under Subsection 19-4-106(2)(d) or Section 19-4-107. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director shall bring an action under this Subsection (8) in the county where the violation occurs if the director brings the action in a district court. (c) In a civil action brought by the director under Subsection (8)(a), a court may: (i) appoint a receiver for a supplier in accordance with Utah Rules of Civil Procedure, Rule 66, to implement a corrective or remedial action for a violation described in Subsection (8)(a) if: (A) the violation poses a serious public health risk; and (B) the supplier in violation is unwilling or unable to implement a corrective or remedial action to resolve the violation in a manner consistent with this chapter; and (ii) require a supplier in violation to divest ownership of a public water system if the court finds divestiture is reasonably necessary to ensure long-term compliance with this chapter. (d) Nothing in Subsection (8)(c) limits the ability of the director to seek appropriate relief under Subsection (8)(a). (9) (a) The attorney general is the legal advisor for the board and the director and shall defend them in an action or proceeding brought against the board or director. (b) The county attorney or district attorney, as appropriate under Section 17-68-302 or 17-68-303, in the county in which a cause of action arises, shall bring an action, civil or criminal, requested by the director, to abate a condition that exists in violation of, or to prosecute for the violation of, or to enforce the laws or the standards, orders, and rules of the board or the director issued under this chapter. (c) The director may initiate action under this section and be represented by the attorney general. (10) If a person fails to comply with a cease and desist order that is not subject to a stay pending administrative or judicial review, the director may initiate an action for and be entitled to injunctive relief to prevent further or continued violation of the order. (11) A bond may not be required for injunctive relief under this chapter. (12) Except as provided in Subsection 19-1-303.5(2) and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund.
Utah Code § 19-3-201 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-201
§ 19-3-201. Interstate Compact on Low-level Radioactive Waste -- Policy and purpose of compact.
Status: in_force

The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of the wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.
Utah Code § 19-6-419 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-419
§ 19-6-419. Costs covered by the fund -- Costs paid by owner or operator -- Payments to third parties -- Apportionment of costs.
Status: in_force

(1) If all requirements of this part have been met and a release occurs from a tank that is covered by the fund, the costs per release are covered as provided under this section. (2) For releases reported before May 11, 2010, the responsible party shall pay: (a) the first $10,000 of costs; and (b) (i) all costs over $1,000,000, if the release was from a tank: (A) located at a facility engaged in petroleum production, refining, or marketing; or (B) with an average monthly facility throughput of more than 10,000 gallons; and (ii) all costs over $500,000, if the release was from a tank: (A) not located at a facility engaged in petroleum production, refining, or marketing; and (B) with an average monthly facility throughput of 10,000 gallons or less. (3) For releases reported before May 11, 2010, if money is available in the fund and the responsible party has paid costs of $10,000, the director shall pay costs from the fund in an amount not to exceed: (a) $990,000 if the release was from a tank: (i) located at a facility engaged in petroleum production, refining, or marketing; or (ii) with an average monthly facility throughput of more than 10,000 gallons; and (b) $490,000 if the release was from a tank: (i) not located at a facility engaged in petroleum production, refining, or marketing; and (ii) with an average monthly facility throughput of 10,000 gallons or less. (4) For a release reported on or after May 11, 2010, the responsible party shall pay: (a) the first $10,000 of costs; and (b) (i) all costs over $2,000,000, if the release was from a tank: (A) located at a facility engaged in petroleum production, refining, or marketing; or (B) with an average monthly facility throughput of more than 10,000 gallons; and (ii) all costs over $1,000,000, if the release was from a tank: (A) not located at a facility engaged in petroleum production, refining, or marketing; and (B) with an average monthly facility throughput of 10,000 gallons or less. (5) For a release reported on or after May 11, 2010, if money is available in the fund and the responsible party has paid costs of $10,000, the director shall pay costs from the fund in an amount not to exceed: (a) $1,990,000 if the release was from a tank: (i) located at a facility engaged in petroleum production, refining, or marketing; or (ii) with an average monthly facility throughput of more than 10,000 gallons; and (b) $990,000 if the release was from a tank: (i) not located at a facility engaged in petroleum production, refining, or marketing; and (ii) with an average monthly facility throughput of 10,000 gallons or less. (6) The director may pay fund money to a responsible party up to the following amounts in a fiscal year: (a) $1,990,000 to a responsible party owning or operating less than 100 petroleum storage tanks; or (b) $3,990,000 to a responsible party owning or operating 100 or more petroleum storage tanks. (7) (a) In authorizing payments for costs from the fund, the director shall apportion money: (i) first, to the following type of expenses incurred by the state: (A) legal; (B) adjusting; and (C) actuarial; (ii) second, to costs incurred for: (A) investigation; (B) abatement action; and (C) corrective action; and (iii) third, to payment of: (A) judgments; (B) awards; and (C) settlements to third parties for bodily injury or property damage. (b) The board shall make rules governing the apportionment of costs among third party claimants.
Utah Code § 19-6-412 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-412
§ 19-6-412. Petroleum storage tank -- Certificate of compliance.
Status: in_force

(1) An owner or operator of a petroleum storage tank shall have a certificate of compliance for the facility. (2) The director shall issue a certificate of compliance if: (a) the owner or operator has a certificate of registration; (b) the owner or operator demonstrates the owner or operator is participating in the program under Section 19-6-410.5, or otherwise demonstrates compliance with financial assurance requirements as defined by rule; (c) all state and federal statutes, rules, and regulations have been substantially complied with; and (d) all tank test requirements of Section 19-6-413 have been met. (3) If the ownership of or responsibility for the petroleum storage tank changes, the certificate of compliance is still valid unless it has been revoked or has lapsed. (4) The director may issue a certificate of compliance for a period of less than one year to maintain an administrative schedule of certification. (5) The director shall reissue a certificate of compliance if the owner or operator of a petroleum storage tank has complied with the requirements of Subsection (2). (6) If the owner or operator electing to participate in the program has a number of tanks in an area where the director finds it would be difficult to accurately determine which of the tanks may be the source of a release, the owner may only elect to place all of the tanks in the area in the program, but not just some of the tanks in the area.
Utah Code § 19-6-309 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-309
§ 19-6-309. Emergency provisions.
Status: in_force

(1) (a) If the executive director has reason to believe any hazardous materials release that occurred after March 18, 1985, is presenting a direct and immediate threat to public health or the environment, the executive director may: (i) issue an order requiring the owner or operator of the facility to take abatement action within the time specified in the order; or (ii) bring suit on behalf of the state in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to require the owner or operator to take immediate abatement action. (b) If the executive director determines the owner or operator cannot be located or is unwilling or unable to take abatement action, the executive director may: (i) reach an agreement with one or more potentially responsible parties to take abatement action; or (ii) use fund money to investigate the release and take abatement action. (2) The executive director may use money from the fund created in Section 19-6-307: (a) for abatement action even if an adjudicative proceeding or judicial review challenging an order or a decision to take abatement action is pending; and (b) to investigate a suspected hazardous materials release if the executive director has reason to believe the release may present a direct and immediate threat to public health. (3) This section takes precedence over any conflicting provision in this part.
Utah Code § 19-3-108.1 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-108.1
§ 19-3-108.1. Powers and duties of director.
Status: in_force

(1) The director shall, in connection with this chapter and rules of the board adopted under this part: (a) develop programs to promote and protect the public from radiation sources in the state; (b) advise, consult, cooperate with, and provide technical assistance to another agency, a state, the federal government, a political subdivision, an industry, or another person in carrying out this part; (c) receive specifications or other information relating to a licensing application for radioactive material or registration of a radiation source for review, approval, disapproval, or termination; (d) issue a permit, license, registration, certification, or other administrative authorization; (e) review and approve a plan; (f) assess a penalty in accordance with Section 19-3-109; (g) impound radioactive material under Section 19-3-111; (h) issue an order necessary to enforce this part; (i) enforce an order by an appropriate administrative and judicial proceeding; and (j) institute a judicial proceeding to secure compliance with this part. (2) The director may: (a) cooperate with any person in studies, research, or demonstration projects regarding radioactive waste management or control of radiation sources; (b) employ employees as may be reasonably necessary to carry out this part; (c) subject to Subsection 19-3-103.1(2)(b), settle or compromise any administrative or civil action initiated to compel compliance with this part and rules adopted under this part; and (d) authorize employees or representatives of the department to enter, at reasonable times and upon reasonable notice, in and upon public or private property for the purpose of inspecting and investigating conditions and records concerning radiation sources and as otherwise authorized by this part.
Utah Code § 19-7-103 — Utah Code / Title 19 / Chapter 19-7 / § 19-7-103
§ 19-7-103. Definitions.
Status: in_force

As used in this chapter: (1) "Administrative proceeding" means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. (2) "Environmental audit report" means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. (3) "Environmental law" means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. (4) "Environmental self-evaluation" means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. A person may perform an environmental self-evaluation through the use of employees or the use of outside consultants.
Utah Code § 19-6-603 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-603
§ 19-6-603. Collection for recycling.
Status: in_force

(1) A person selling lead acid batteries at retail shall at the point of sale accept a customer's used lead acid battery and a maximum of one additional used lead acid battery when the customer purchases a new lead acid battery. (2) A person selling lead acid batteries at wholesale shall at the point of sale accept a customer's used lead acid batteries. (3) (a) A person selling lead acid batteries at retail shall post on the premises a clearly legible notice that is at least 8 1/2 inches by 11 inches in size and visible to customers that states: "It is illegal under state law to discard a motor vehicle battery or other lead acid battery. You must recycle your used battery. State law requires us to accept up to two of your used lead acid batteries for recycling when you purchase a new lead acid battery. "You may take lead acid batteries for recycling to (the retailer shall insert the name and address of at least one facility under Subsection 19-6-602(1)(b), (c), or (d) that is near the retailer)." (b) A person selling lead acid batteries wholesale shall post on the premises a clearly legible notice that is at least 8 1/2 inches by 11 inches in size and visible to customers that states: "It is illegal under state law to discard a motor vehicle battery or other lead acid battery. You must recycle your used battery. State law requires us to accept your used lead acid battery for recycling, including when you purchase a new lead acid battery." (4) Lead acid batteries that a lead acid battery retailer is not required to accept under this section shall be disposed of only at facilities listed under Subsections 19-6-602(1)(b), (c), or (d).
Utah Code § 19-1-202 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-202
§ 19-1-202. Duties and powers of the executive director.
Status: in_force

(1) The executive director shall: (a) administer and supervise the department; (b) coordinate policies and program activities conducted through boards, divisions, and offices of the department; (c) approve the proposed budget of each board, division, and office within the department; (d) approve all applications for federal grants or assistance in support of any department program; (e) with the governor's specific, prior approval, expend funds appropriated by the Legislature necessary for participation by the state in any fund, property, or service provided by the federal government; and (f) in accordance with Section 19-1-301, appoint one or more administrative law judges to hear an adjudicative proceeding within the department. (2) The executive director may: (a) issue orders to enforce state laws and rules established by the department except where the enforcement power is given to a board created under Section 19-1-106, unless the executive director finds that a condition exists that creates a clear and present hazard to the public health or the environment and requires immediate action, and if the enforcement power is vested with a board created under Section 19-1-106, the executive director may with the concurrence of the governor order any person causing or contributing to the condition to reduce, mitigate, or eliminate the condition; (b) with the approval of the governor, participate in the distribution, disbursement, or administration of any fund or service, advanced, offered, or contributed by the federal government for purposes consistent with the powers and duties of the department; (c) accept and receive funds and gifts available from private and public groups for the purposes of promoting and protecting the public health and the environment and expend the funds as appropriated by the Legislature; (d) make policies not inconsistent with law for the internal administration and government of the department, the conduct of its employees, and the custody, use, and preservation of the records, papers, books, documents, and property of the department; (e) create advisory committees as necessary to assist in carrying out the provisions of this title; (f) appoint division directors who may be removed at the will of the executive director and who shall be compensated in an amount fixed by the executive director; (g) advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, affected groups, political subdivisions, and industries in carrying out the purposes of this title; (h) consistent with Title 63A, Chapter 17, Utah State Personnel Management Act, employ employees necessary to meet the requirements of this title; (i) authorize any employee or representative of the division to conduct inspections as permitted in this title; (j) encourage, participate in, or conduct any studies, investigations, research, and demonstrations relating to hazardous materials or substances releases necessary to meet the requirements of this title; (k) collect and disseminate information about hazardous materials or substances releases; (l) review plans, specifications, or other data relating to hazardous substances releases as provided in this title; (m) maintain, update not less than annually, and make available to the public a record of sites, by name and location, at which response actions for the protection of the public health and environment under Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, or under Title 19, Chapter 8, Voluntary Cleanup Program, have been completed in the previous calendar year, and those that the department plans to address in the upcoming year pursuant to this title, including if upon completion of the response action the site: (i) will be suitable for unrestricted use; or (ii) will be suitable only for restricted use, stating the institutional controls identified in the remedy to which use of the site is subject; and (n) for purposes of implementing environmental mitigation and response actions: (i) accept and receive environmental mitigation and response funds from private and public groups, including as a condition of a consent decree, settlement agreement, stipulated agreement, or court order; and (ii) administer the implementation of environmental mitigation and response actions in accordance with the terms and conditions in which funds were received, including: (A) disbursing funds to private or public entities, governmental units, state agencies, or Native American tribes; (B) expending funds to implement environmental mitigation and response actions; and (C) returning unused funds to the original source of the funds as a condition of receipt of the funds, if applicable.
Utah Code § 19-5-111 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-111
§ 19-5-111. Notice of violations -- Hearings.
Status: in_force

(1) Whenever the director determines there are reasonable grounds to believe that there has been a violation of this chapter or any order of the director or the board, the director may give written notice to the alleged violator specifying the provisions that have been violated and the facts that constitute the violation. (2) The notice shall require that the matters complained of be corrected. (3) Except as provided in Subsection (4), the notice may order the alleged violator to appear before an administrative law judge as provided by Section 19-1-301 at a time and place specified in the notice and answer the charges. (4) A person that receives a notice may request an informal adjudicative proceeding to contest a notice or fine imposed in accordance with Subsection 19-5-108.3(7)(c), Section 63G-4-203, and procedural rules the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 19-5-110 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-110
§ 19-5-110. Designation by governor of areas with quality control problems -- Classification of waters -- Adoption of standards of quality.
Status: in_force

(1) The governor may identify and designate by boundary, or make a determination not to designate, areas within the state which, as a result of urban-industrial concentration or other factors, have substantial water quality control problems, and designate planning agencies and waste treatment management agencies for these areas. (2) The board may group the waters of the state into classes according to their present most reasonable uses, and after public hearing, upgrade and reclassify from time to time the waters of the state to the extent that it is practical and in the public interest. (3) (a) The board may establish standards of quality for each classification consistent with most reasonable present and future uses of the waters, and the standards may be modified or changed from time to time. (b) Prior to classifying waters, setting quality standards or modifying or repealing them the board shall conduct public hearings for the consideration, adoption, or amendment of the classifications of waters and standards of purity and quality. (c) The notice shall specify the waters concerning which a classification is sought to be made for which standards are sought to be adopted and the time, date, and place of the hearing. (d) The notice shall be: (i) published: (A) at least twice in a newspaper of general circulation in the area affected; and (B) as required in Section 45-1-101; and (ii) mailed at least 30 days before the public hearing to the chief executive of each political subdivision of the area affected and to other persons the board has reason to believe will be affected by the classification and the setting of standards. (4) (a) The adoption of standards of quality for the waters of the state and classification of the waters or any modification or change in classification shall be effectuated by an order of the board which shall be published: (i) in a newspaper of general circulation in the area affected; and (ii) as required in Section 45-1-101. (b) In classifying waters and setting standards of water quality, adopting rules, or making any modification or change in classification or standards, the board shall allow and announce a reasonable time, not exceeding statutory deadlines contained in the federal Clean Water Act, for persons discharging wastes into the waters of the state to comply with the classification or standards and may, after public hearing if requested by the permittee, set and revise schedules of compliance and include these schedules within the terms and conditions of permits for the discharge of pollutants. (5) Any discharge in accord with classification or standards authorized by a permit is not pollution for the purpose of this chapter.
Utah Code § 19-6-1205 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1205
§ 19-6-1205. Local government arrangement -- Community collection event publication.
Status: in_force

(1) If a local government enters into an arrangement with a manufacturer to facilitate consumer electronics recycling in accordance with this part, the local government may enter into the arrangement without requiring a request for proposal or similar competitive procurement process required by law. (2) (a) A local government may submit a community collection event to the department for publication on the department's website as described in Subsection 19-6-1204(4). (b) To publish a community collection event on the department's website, a local government or person shall provide the following information to the department: (i) the location of the community collection event; (ii) a description of a consumer electronic device accepted for recycling; (iii) hours of operation for the community collection event; and (iv) other relevant information as requested by the department.
Utah Code § 19-6-405.7 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-405.7
§ 19-6-405.7. Petroleum Storage Tank Cleanup Fund -- Revenue and purposes -- Relation to Petroleum Storage Tank Fund.
Status: in_force

(1) There is created an enterprise fund entitled the "Petroleum Storage Tank Cleanup Fund," which is referred to in this section as the cleanup fund. (2) The cleanup fund sources of revenue are: (a) any voluntary contributions received by the department for the cleanup of facilities; (b) legislative appropriations made to the cleanup fund; and (c) costs recovered under this part. (3) The cleanup fund shall earn interest, which shall be deposited in the cleanup fund. (4) The director may use the cleanup fund money for administration, investigation, abatement action, and preparing and implementing a corrective action plan regarding releases and suspected releases not covered by the Petroleum Storage Tank Fund created in Section 19-6-409.
Utah Code § 19-12-301 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-301
§ 19-12-301. Application for certification of a pollution control facility.
Status: in_force

(1) The following may apply to the director for certification of a pollution control facility erected, constructed, installed, or acquired, or to be erected, constructed, installed, or acquired: (a) an owner, including a contract purchaser, of a trade or business that includes a pollution control facility; (b) a person who, as a lessee or in accordance with an agreement, conducts a trade or business that includes a pollution control facility; or (c) a person who operates a pollution control facility in accordance with an agreement with a person described in Subsection (1)(a) or (b). (2) A person may file an application under this section after: (a) the person enters into a firm construction contract with another person; or (b) construction has commenced. (3) An application for certification under this section shall: (a) be in a form the director prescribes; and (b) contain: (i) a description of the pollution control facility; (ii) for a purchase or lease of property, a part, a product, or a service for which a person seeks to claim a sales and use tax exemption under Section 19-12-201, a description of the property, part, product, or service; (iii) the existing or proposed operation procedure for the pollution control facility; and (iv) a statement of the purpose served or to be served by the pollution control facility. (4) The director may require an application to contain additional information the director finds necessary to determine whether to grant certification under Section 19-12-303. (5) This section does not apply to the certification of freestanding pollution control property.
Utah Code § 19-1-303.5 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-303.5
§ 19-1-303.5. Reimbursement of extraordinary expenses from civil penalty -- Requirements -- Rulemaking.
Status: in_force

(1) The provisions of this section apply to a civil penalty and fine collected under the authority of this title. (2) (a) The department may reimburse the department, a local government, or a local health department from money collected from a civil penalty or fine for a qualifying extraordinary expense incurred in a qualifying environmental enforcement activity. (b) To request reimbursement for a qualifying extraordinary expense incurred in a qualifying environmental enforcement activity, a local government or local health department shall submit to the department: (i) documentation necessary to support a claim for a qualifying extraordinary expense, as defined in department rule; (ii) proof of a request by the department for assistance in the qualifying environmental enforcement activity; and (iii) timely written notice of the expected extraordinary expense. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to: (a) establish a procedure for a local government or local health department to claim a reimbursement described in Subsection (2); (b) define a qualifying environmental enforcement activity; (c) define a qualifying extraordinary expense; (d) define timely written notice described in Subsection (2)(b)(iii); and (e) establish the documentation necessary to support a claim for an extraordinary expense as described in Subsection (2)(b)(i).
Utah Code § 19-2a-103 — Utah Code / Title 19 / Chapter 19-2a / § 19-2a-103
§ 19-2a-103. Gasoline vapor recovery -- Penalties.
Status: in_force

(1) As used in this section: (a) "Gasoline cargo tank" means a tank that: (i) is intended to hold gasoline; (ii) has a capacity of 1,000 gallons or more; and (iii) is attached to or intended to be drawn by a motor vehicle. (b) "Operator" means an individual who controls a motor vehicle: (i) to which a gasoline cargo tank is attached; or (ii) that draws a gasoline cargo tank. (c) "Petroleum storage tank" means the same as that term is defined in Section 19-6-402. (2) The operator of a gasoline cargo tank shall comply with requirements of this section if the operator: (a) permits the loading of gasoline into the gasoline cargo tank; or (b) loads a petroleum storage tank with gasoline from the gasoline cargo tank. (3) Except as provided in Subsection (6), the operator of a gasoline cargo tank may permit the loading of gasoline into a tank described in Subsection (2) or load a petroleum storage tank with gasoline from the gasoline cargo tank described in Subsection (1) only if: (a) emissions from the tank that dispenses 10,000 gallons or more in any one calendar month are controlled by the use of: (i) a properly installed and maintained vapor collection and control system that is equipped with fittings that: (A) make a vapor-tight connection; and (B) prevent the release of gasoline vapors by automatically closing upon disconnection; and (ii) submerged filling or bottom filling methods; and (b) the resulting vapor emitted into the air does not exceed the levels described in Subsection (4). (4) Vapor emitted into the air as a result of the loading of a tank under Subsection (3) may not exceed 0.640 pounds per 1,000 gallons transferred. (5) (a) The department may fine an operator who violates this section: (i) up to $1,000 for a first offense; or (ii) up to $2,000 for a second offense. (b) An operator who violates this section is guilty of a class C misdemeanor for a third or subsequent offense. (6) If a facility at which a petroleum storage tank is located does not have the equipment necessary for an operator of a gasoline cargo tank to comply with Subsection (3), the operator is excused from the requirements of Subsections (3) and (4) and may not be fined or penalized under Subsection (5).
Utah Code § 19-15-202 — Utah Code / Title 19 / Chapter 19-15 / § 19-15-202
§ 19-15-202. Permit processing timeline.
Status: in_force

(1) Subject to Subsections (2) and (3), if the division director receives an application described in Section 19-15-201, the applicable division director shall approve or deny an application within 120 days of the date on which the applicable division director receives the complete application. (2) (a) The division director may, based on extraordinary circumstances, and without the concurrence of the applicant, extend the deadline described in Subsection (1) for a reasonable period not to exceed 30 days. (b) If the division director extends the deadline as described in Subsection (2), the division director shall provide written findings to explain the need for the extension. (3) The division director may, with concurrence of the applicant, extend the deadline described in Subsection (1) for a term agreed upon by the division director and the applicant.
Utah Code § 19-5-122 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-122
§ 19-5-122. Underground wastewater disposal systems -- Fee imposed on new systems.
Status: in_force

(1) Beginning July 1, 2001, a one-time fee is imposed on a new underground wastewater disposal system installed. (2) Beginning July 1, 2002, the fee shall be established by the department in accordance with Section 63J-1-504. (3) (a) The fee shall be paid when plans and specifications for the construction of a new underground wastewater disposal system are approved by the local health department or the Department of Environmental Quality. (b) A local health department shall remit the fee revenue to the Division of Finance quarterly. (4) The fee revenue shall be: (a) deposited into the Underground Wastewater Disposal Restricted Account created in Section 19-5-123; and (b) used to pay for costs of underground wastewater disposal system training programs.
Utah Code § 19-1-503 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-503
§ 19-1-503. Requirements for engine coolant sold in state.
Status: in_force

On or after January 1, 2011, a person may not sell engine coolant to a person in this state that is manufactured on or after January 1, 2011, if the engine coolant: (1) contains more than 10% ethylene glycol; and (2) does not contain: (a) denatonium benzoate within the following amounts: (i) a minimum of 30 parts per million; and (ii) a maximum of 50 parts per million; or (b) a similar bittering agent that renders the engine coolant unpalatable if it meets or exceeds the degree of aversion as compared to denatonium benzoate at a concentration of 30 parts per million.
Utah Code § 19-8-114 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-114
§ 19-8-114. Additional permits not required.
Status: in_force

(1) Response action conducted as part of a voluntary cleanup agreement under this chapter does not require a state or local environmental permit, except as required by a program delegated to the state by the federal government under this title. (2) The department shall by rule require that the applicant conducting the voluntary cleanup under this chapter comply with any federal or state standard, requirement, criterion, or limitation to which the response action would otherwise be subject if a permit were required.
Utah Code § 19-13-104 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-104
§ 19-13-104. Criteria for recycling market development zone -- Application process and fees.
Status: in_force

(1) An area may be designated as a recycling market development zone only if: (a) the county or municipality agrees to make a qualifying local contribution under Section 19-13-105; and (b) the county or municipality provides for postconsumer waste collection for recycling within the county or municipality. (2) The executive authority of any municipality or county desiring to be designated as a recycling market development zone shall: (a) obtain the written approval of the municipality or county's legislative body; and (b) file an application with the department demonstrating the county or municipality meets the requirements of this part. (3) The application shall be in a form prescribed by the department, and shall include: (a) a plan developed by the county or municipality that identifies local contributions meeting the requirements of Section 19-13-105; (b) a county or municipality development plan that outlines: (i) the specific investment or development reasonably expected to take place; (ii) any commitments obtained from businesses to participate, and in what capacities regarding recycling markets; (iii) the county's or municipality's economic development plan and demonstration of coordination between the zone and the county or municipality in overall development goals; (iv) zoning requirements demonstrating that sufficient portions of the proposed zone area are zoned as appropriate for the development of commercial, industrial, or manufacturing businesses; (v) the county's or municipality's long-term waste management plan and evidence that the zone will be adequately served by the plan; and (vi) the county or municipality postconsumer waste collection infrastructure; (c) the county's or municipality's proposed means of assessing the effectiveness of the development plan or other programs implemented within the zone; (d) state whether within the zone either of the following will be established: (i) commercial manufacturing or industrial processes that will produce end products that consist of not less than 50% recovered materials, of which not less than 25% is postconsumer waste material; or (ii) commercial composting; (e) any additional information required by the department; and (f) any additional information the county or municipality considers relevant to its designation as a recycling market development zone. (4) A county or municipality applying for designation as a recycling market development zone shall pay to the department an application fee determined under Section 63J-1-504.
Utah Code § 19-6-803 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-803
§ 19-6-803. Definitions.
Status: in_force

As used in this part: (1) "Abandoned waste tire pile" means a waste tire pile regarding which the local department of health has not been able to: (a) locate the persons responsible for the tire pile; or (b) cause the persons responsible for the tire pile to remove the tire pile. (2) (a) "Beneficial use" means the use of chipped tires in a manner that is not recycling, storage, or disposal, but that serves as a replacement for another product or material for specific purposes. (b) "Beneficial use" includes the use of chipped tires: (i) as daily landfill cover; (ii) for civil engineering purposes; (iii) as low-density, light-weight aggregate fill; or (iv) for septic or drain field construction. (c) "Beneficial use" does not include the use of waste tires or material derived from waste tires: (i) in the construction of fences; or (ii) as fill, other than low-density, light-weight aggregate fill. (3) "Board" means the Waste Management and Radiation Control Board created under Section 19-1-106. (4) "Chip" or "chipped tire" means a two inch square or smaller piece of a waste tire. (5) "Commission" means the Utah State Tax Commission. (6) (a) "Consumer" means a person who purchases a new tire to satisfy a direct need, rather than for resale. (b) "Consumer" includes a person who purchases a new tire for a motor vehicle to be rented or leased. (7) "Crumb rubber" means waste tires that have been ground, shredded, or otherwise reduced in size such that the particles are less than or equal to 3/4 inch in diameter and are 98% wire free by weight. (8) "Director" means the director of the Division of Waste Management and Radiation Control. (9) "Disposal" means the deposit, dumping, or permanent placement of waste tire in or on land or in water in the state. (10) "Dispose of" means to deposit, dump, or permanently place waste tire in or on land or in water in the state. (11) "Division" means the Division of Waste Management and Radiation Control created in Section 19-1-105. (12) "Fund" means the Waste Tire Recycling Fund created in Section 19-6-807. (13) "Landfill waste tire pile" means a waste tire pile: (a) located within the permitted boundary of a landfill or transfer station operated by a governmental entity; and (b) consisting solely of waste tires brought to a landfill or transfer station for disposal and diverted from the landfill or transfer station waste stream to the waste tire pile. (14) "Local health department" means the local health department, as defined in Section 26A-1-102, with jurisdiction over the recycler. (15) "Materials derived from waste tires" means tire sections, tire chips, tire shreddings, rubber, steel, fabric, or other similar materials derived from waste tires. (16) "Mobile facility" means a mobile facility capable of cutting waste tires on site so the waste tires may be effectively disposed of by burial, such as in a landfill. (17) "New motor vehicle" means a motor vehicle that has never been titled or registered. (18) "Passenger tire equivalent" means a measure of mixed sizes of tires where each 25 pounds of whole tires or material derived from waste tires is equal to one waste tire. (19) "Proceeds of the fee" means the money collected by the commission from payment of the recycling fee including interest and penalties on delinquent payments. (20) "Recycler" means a person who: (a) annually uses, or can reasonably be expected within the next year to use, a minimum of 100,000 waste tires generated in the state or 1,000 tons of waste tires generated in the state to recover energy or produce energy, crumb rubber, chipped tires, or an ultimate product; and (b) is registered as a recycler in accordance with Section 19-6-806. (21) "Recycling fee" means the fee provided for in Section 19-6-805. (22) "Shredded waste tires" means waste tires or material derived from waste tires that has been reduced to a six inch square or smaller. (23) (a) "Storage" means the placement of waste tires in a manner that does not constitute disposal of the waste tires. (b) "Storage" does not include: (i) the use of waste tires as ballast to maintain covers on agricultural materials or to maintain covers at a construction site; (ii) the storage for five or fewer days of waste tires or material derived from waste tires that are to be recycled or applied to a beneficial use; or (iii) the storage of a waste tire before the tire is: (A) resold wholesale or retail; or (B) recapped. (24) (a) "Store" means to place waste tires in a manner that does not constitute disposal of the waste tires. (b) "Store" does not include: (i) to use waste tires as ballast to maintain covers on agricultural materials or to maintain covers at a construction site; or (ii) to store for five or fewer days waste tires or material derived from waste tires that are to be recycled or applied to a beneficial use. (25) "Tire" means a pneumatic rubber covering designed to encircle the wheel of a vehicle in which a person or property is or may be transported or drawn upon a highway. (26) "Tire retailer" means a person engaged in the business of selling new tires either as replacement tires or as part of a new vehicle sale. (27) "Transfer station" is defined by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (28) (a) "Ultimate product" means a product that has as a component materials derived from waste tires and that the director finds has a demonstrated market. (b) "Ultimate product" includes pyrolized materials derived from: (i) waste tires; or (ii) chipped tires. (c) "Ultimate product" does not include a product regarding which a waste tire remains after the product is disposed of or disassembled. (29) "Waste tire" means: (a) a tire that is no longer suitable for the tire's original intended purpose because of wear, damage, or defect; or (b) a tire that a tire retailer removes from a vehicle for replacement with a new or used tire. (30) "Waste tire pile" means a pile of 200 or more waste tires at one location. (31) (a) "Waste tire transporter" means a person engaged in picking up or transporting at one time more than 10 whole waste tires, or the equivalent amount of material derived from waste tires, generated in Utah for the purpose of storage, processing, or disposal. (b) "Waste tire transporter" includes a person engaged in the business of collecting, hauling, or transporting waste tires or who performs these functions for another person, except as provided in Subsection (31)(c). (c) "Waste tire transporter" does not include: (i) a person transporting waste tires generated solely by: (A) that person's personal vehicles; (B) a commercial vehicle fleet owned or operated by that person or that person's employer; (C) vehicles sold, leased, or purchased by a motor vehicle dealership owned or operated by that person or that person's employer; or (D) a retail tire business owned or operated by that person or that person's employer; (ii) a solid waste collector operating under a license issued by a unit of local government as defined in Section 63M-5-103, or a local health department; (iii) a recycler of waste tires; (iv) a person transporting tires by rail as a common carrier subject to federal regulation; or (v) a person transporting processed or chipped tires.
Utah Code § 19-5-107 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-107
§ 19-5-107. Discharge of pollutants unlawful -- Discharge permit required.
Status: in_force

(1) (a) Except as provided in this chapter or rules made under it, it is unlawful for any person to discharge a pollutant into waters of the state or to cause pollution which constitutes a menace to public health and welfare, or is harmful to wildlife, fish, or aquatic life, or impairs domestic, agricultural, industrial, recreational, or other beneficial uses of water, or to place or cause to be placed any waste in a location where there is probable cause to believe it will cause pollution. (b) For purposes of injunctive relief, any violation of this subsection is a public nuisance. (2) (a) A person may not generate, store, treat, process, use, transport, dispose, or otherwise manage sewage sludge, except in compliance with this chapter and rules made under it. (b) For purposes of injunctive relief, any violation of this subsection is a public nuisance. (3) It is unlawful for any person, without first securing a permit from the director, to: (a) make any discharge or manage sewage sludge not authorized under an existing valid discharge permit; or (b) construct, install, modify, or operate any treatment works or part of any treatment works or any extension or addition to any treatment works, or construct, install, or operate any establishment or extension or modification of or addition to any treatment works, the operation of which would probably result in a discharge.
Utah Code § 19-6-510 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-510
§ 19-6-510. Study of glass recycling.
Status: in_force

(1) As used in this section: (a) "Division" means the Division of Waste Management and Radiation Control created in Section 19-1-105. (b) "Glass cullet" means broken or crushed glass suitable for reuse or reprocessing. (c) "Material recovery facility" means a facility that sorts recyclable material from single-stream recycling for sale to manufacturers. (d) "Multi-stream recycling" means the sorting or separating of recyclable material by a consumer by material type or category before collection. (e) "Recyclable material" means the same as that term is defined in Section 19-6-509. (f) "Single-stream recycling" means the collection of recyclable material by: (i) a public entity; or (ii) a person with whom the public entity has as a collection agreement. (2) The division shall conduct a statewide study of glass recycling that: (a) includes an inventory of current glass recycling methods; (b) identifies areas in this state that may benefit from increased glass recycling; (c) identifies strategies for increasing the amount of glass collected by: (i) increasing the number of glass recycling drop off locations; (ii) increasing the number of, or funding for, material recovery facilities; (iii) expanding curbside glass recycling collection; (iv) expanding multi-stream recycling collection and processing; (v) identifying additional uses or end users of glass cullet; and (vi) implementing educational strategies for informing the public: (A) of the benefits of glass recycling; and (B) how to recycle household glass. (3) (a) The division shall report the results of the study described in Subsection (2) to the Natural Resources, Agriculture, and Environment Interim Committee at or before the committee's September 2025 interim meeting. (b) For each study item described in Subsection (2), the report described in Subsection (3)(a) shall include: (i) research findings; and (ii) policy recommendations.
Utah Code § 19-1-402 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-402
§ 19-1-402. Definitions.
Status: in_force

As used in this part: (1) "Air barrier system" means air barrier material, a system, or an assembly that is specifically and primarily designed to minimize the passage of air through the building thermal envelope and the assemblies when installed in or on a dwelling. (2) "Clean fuel" means: (a) propane, natural gas, renewable natural gas, hydrogen, or electricity; or (b) other fuel that meets the clean fuel vehicle standards in the federal Clean Air Act Amendments of 1990, 42 U.S.C. Sec. 7521 et seq. (3) (a) "Clean vehicle" means a vehicle that: (i) uses a clean fuel; (ii) is an electric-hybrid vehicle; or (iii) is an electric vehicle. (b) "Clean vehicle" may include heavy duty equipment, such as: (i) a tractor; (ii) earth-moving equipment; (iii) an off-highway vehicle; or (iv) other equipment approved by the director of the Division of Air Quality. (4) "Dwelling" means a house, multi-family dwelling, apartment complex, or other residential type building. (5) "Electric-hybrid vehicle" means a vehicle: (a) primarily powered by an electric motor that draws current from: (i) rechargeable storage batteries; (ii) fuel cells; or (iii) other sources of electric current; and (b) that also operates on or is capable of operating on a nonelectrical source of power. (6) "Electric vehicle" means a vehicle powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electric current and does not need carbon based fuel for operation. (7) "Energy-efficient building envelope improvements" means an insulation and air barrier system that meets the prescriptive criteria for insulation and air barrier systems established by the 2021 International Energy Conservation Code. (8) "Fund" means the Clean Fuels and Emission Reduction Technology Fund created in Section 19-1-403. (9) (a) "Government vehicle" means a motor vehicle: (i) registered in Utah; and (ii) owned and operated by: (A) the state; (B) a public trust authority; (C) a school district; (D) a county; or (E) a municipality. (b) "Government vehicle" includes a metropolitan rapid transit motor vehicle, bus, truck, law enforcement vehicle, or emergency vehicle. (10) "Incremental cost" means the difference between the cost of an OEM vehicle and the same vehicle model manufactured without the clean fuel fueling system. (11) "Insulation" means a material or system that is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on the dwelling unit. (12) "OEM vehicle" means a vehicle manufactured by the original vehicle manufacturer or the manufacturer's contractor as a clean vehicle. (13) "Private sector business vehicle" means a motor vehicle registered in Utah that is owned and operated solely in the conduct of a private business enterprise. (14) "Qualified energy-efficient residential dwelling" means a dwelling with an energy efficiency rating determined by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (15) "Refueling equipment" means: (a) compressors when used separately; (b) compressors used in combination with cascade tanks; (c) other equipment that constitute a central refueling system capable of dispensing vehicle fuel; and (d) electric charging stations and equipment.
Utah Code § 19-2-105.3 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-105.3
§ 19-2-105.3. Clean fuel requirements for fleets.
Status: in_force

(1) As used in this section: (a) "1990 Clean Air Act" means the federal Clean Air Act as amended in 1990. (b) "Clean fuel" means: (i) propane, compressed natural gas, or electricity; (ii) other fuel the board determines annually on or before July 1 is at least as effective as fuels under Subsection (1)(b)(i) in reducing air pollution; and (iii) other fuel that meets the clean fuel vehicle standards in the 1990 Clean Air Act. (c) "Fleet" means 10 or more vehicles: (i) owned or operated by a single entity as defined by board rule; and (ii) capable of being fueled or that are fueled at a central location. (d) "Fleet" does not include motor vehicles that are: (i) held for lease or rental to the general public; (ii) held for sale or used as demonstration vehicles by motor vehicle dealers; (iii) used by motor vehicle manufacturers for product evaluations or tests; (iv) authorized emergency vehicles as defined in Section 41-6a-102; (v) registered under Title 41, Chapter 1a, Part 2, Registration, as farm vehicles; (vi) special mobile equipment as defined in Section 41-1a-102; (vii) heavy duty trucks with a gross vehicle weight rating of more than 26,000 pounds; (viii) regularly used by employees to drive to and from work, parked at the employees' personal residences when they are not at their employment, and not practicably fueled at a central location; (ix) owned, operated, or leased by public transit districts; or (x) exempted by board rule. (2) (a) After evaluation of reasonably available pollution control strategies, and as part of the state implementation plan demonstrating attainment of the national ambient air quality standards, the board may by rule require fleets in specified geographical areas to use clean fuels if the board determines fleet use of clean fuels is: (i) necessary to demonstrate attainment of the national ambient air quality standards in an area where they are required; and (ii) reasonably cost effective when compared to other similarly beneficial control strategies for demonstrating attainment of the national ambient air quality standards. (b) A vehicle retrofit to operate on compressed natural gas in accordance with Section 19-1-406 qualifies as a clean fuel vehicle under this section. (3) After evaluation of reasonably available pollution control strategies, and as part of a state implementation plan demonstrating only maintenance of the national ambient air quality standards, the board may by rule require fleets in specified geographical areas to use clean fuels if the board determines fleet use of clean fuels is: (a) necessary to demonstrate maintenance of the national ambient air quality standards in an area where they are required; and (b) reasonably cost effective as compared with other similarly beneficial control strategies for demonstrating maintenance of the national ambient air quality standards. (4) Rules the board makes under this section may include: (a) dates by which fleets are required to convert to clean fuels under the provisions of this section; (b) definitions of fleet owners or operators; (c) definitions of vehicles exempted from this section by rule; (d) certification requirements for persons who install clean fuel conversion equipment, including testing and certification standards regarding installers; and (e) certification fees for installers, established under Section 63J-1-504. (5) Implementation of this section and rules made under this section are subject to the reasonable availability of clean fuel in the local market as determined by the board.
Utah Code § 19-6-207 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-207
§ 19-6-207. Facility at site approved in siting plan -- Exemption from zoning and local approval requirements -- Transportation restrictions limited.
Status: in_force

(1) The construction or operation of a hazardous waste treatment, storage, or disposal facility at a site included within the siting plan is not required to conform to any local zoning or other land use regulation, law, or ordinance. (2) The owner of any hazardous waste treatment, storage, or disposal facility proposed to be located at a site included in the siting plan is not required to obtain approval of the site from any county or municipal planning commission or similar authority and no local unit of government may prohibit or unduly restrict the transportation of hazardous waste through the governmental unit to an approved hazardous waste treatment, storage, or disposal facility.
Utah Code § 19-6-425 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-425
§ 19-6-425. Violation of part -- Civil penalty -- Civil action -- Reimbursement for expenses.
Status: in_force

(1) Except as provided in Section 19-6-407, any person who violates any 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 any requirement, rule, agreement, or order issued under this part by bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the director shall bring an action in the county where the underground storage tank or petroleum storage tank is located if the director brings the action in the district court. (3) Except as provided in Subsection 19-1-303.5(2) and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty imposed under this section into the Petroleum Storage Tank Restricted Account created in Section 19-6-405.5.
Utah Code § 19-6-601 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-601
§ 19-6-601. Definitions.
Status: in_force

As used in this part: (1) "Board" means the Waste Management and Radiation Control Board appointed under Title 19, Chapter 6, Hazardous Substances. (2) "Director" means the director of the Division of Waste Management and Radiation Control.
Utah Code § 19-10-107 — Utah Code / Title 19 / Chapter 19-10 / § 19-10-107
§ 19-10-107. Records regarding institutional controls.
Status: in_force

The department shall maintain a record of the properties subject to environmental institutional controls established under this chapter. The department may archive the records.
Utah Code § 19-6-707 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-707
§ 19-6-707. Rebuttable presumption regarding used oil mixtures.
Status: in_force

(1) (a) Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, Subpart D. (b) This presumption may be rebutted by demonstrating the used oil does not contain hazardous waste, such as by using the analytical method from SW-846, Edition III, to show the used oil does not contain significant concentrations of halogenated hazardous constituents as listed by board rule. (2) (a) The rebuttable presumption under Subsection (1) does not apply to metalworking oils or fluids containing chlorinated paraffins, if they are processed through a tolling agreement to reclaim the metalworking oils or fluids. (b) The rebuttable presumption under Subsection (1) does apply to metalworking oils or fluids if the oils or fluids are recycled in any other manner or are disposed. (3) (a) The rebuttable presumption under Subsection (1) does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units when the CFCs are destined for reclamation. (b) The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
Utah Code § 19-1-504 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-504
§ 19-1-504. Recordkeeping.
Status: in_force

(1) A manufacturer or packager of engine coolant that sells the engine coolant to a person in this state shall maintain for at least three years a record of the following for a bittering agent used in the engine coolant in accordance with Section 19-1-503: (a) the trade name; (b) the scientific name; and (c) the active ingredients. (2) A manufacturer or packager shall make the information described in Subsection (1) available to the public upon request.
Utah Code § 19-1-308 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-308
§ 19-1-308. Background checks for employees.
Status: in_force

(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201. (2) Beginning July 1, 2018, the department shall require all appointees and applicants for the following positions to submit to a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring as a condition of employment: (a) administrative services managers; (b) financial analysts; (c) financial managers; and (d) schedule AB and AD employees, in accordance with Section 63A-17-301, in appointed positions. (3) Each appointee or applicant for a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request. (4) The department shall require that an individual required to submit to a background check under Subsection (3) provide a signed waiver on a form provided by the department that meets the requirements of Subsection 53-10-108(4). (5) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the department shall submit to the bureau: (a) the applicant's personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; and (b) a request for all information received as a result of the local, regional, and nationwide background check. (6) The department is responsible for the payment of all fees required by Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by the bureau. (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that: (a) determine how the department will assess the employment status of an individual upon receipt of background information; and (b) identify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).
Utah Code § 19-5-114 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-114
§ 19-5-114. Spills or discharges of oil or other substance -- Notice to director.
Status: in_force

Any person who spills or discharges any oil or other substance which may cause the pollution of the waters of the state shall immediately notify the director of the spill or discharge, any containment procedures undertaken, and a proposed procedure for cleanup and disposal, in accordance with rules of the board.
Utah Code § 19-1-303 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-303
§ 19-1-303. Criminal and civil penalties -- Liability for violations -- Reimbursement.
Status: in_force

(1) (a) Any person who violates a provision of this title or a lawful order or rule made under the authority of this title by the department shall: (i) in a civil proceeding, be assessed a penalty not to exceed the sum of $5,000; or (ii) in a criminal proceeding: (A) for the first violation, be guilty of a class B misdemeanor; and (B) for a subsequent similar violation within two years, be guilty of a class A misdemeanor. (b) In addition, a person is liable for any expense incurred by the department in removing or abating any violation. (2) Assessment or conviction under this title does not relieve the person assessed or convicted from civil liability for any act which was also a violation of a public health law. (3) Each day of violation of this title or a rule made by the department may be considered a separate violation. (4) The enforcement procedures and penalties provided in Subsections (1) through (3) do not apply to chapters in this title which provide for other specific enforcement procedures and penalties. (5) Except as provided in Subsection 19-1-303.5(2) or otherwise in this title, and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this title into the General Fund.
Utah Code § 19-3-205 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-205
§ 19-3-205. Eligible party states -- Requirements regarding joinder and withdrawal from compact -- Consent of Congress.
Status: in_force

(1) Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact becomes effective upon enactment into law by that party, but it is not initially effective until enacted into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval. (2) After the compact has initially taken effect under Subsection (1), any eligible party state may become a party to this compact by the execution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July 1, 1983, whichever occurs first, unless the compact has by then been enacted as a statute by that state. (3) Section 19-3-203 takes effect on July 1, 1983, if consent is given by Congress. As provided in Public Law 96-573, Congress may withdraw its consent to the compact after every five-year period.
Utah Code § 19-3-303 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-303
§ 19-3-303. Definitions.
Status: in_force

As used in this part: (1) "Final judgment" means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired. (2) "Goods" means any materials or supplies, whether raw, processed, or manufactured. (3) "Greater than class C radioactive waste" means low-level radioactive waste that has higher concentrations of specific radionuclides than allowed for class C waste. (4) "Gross value of the contract" means the totality of the consideration received for any goods, services, or municipal-type services delivered or rendered in the state without any deduction for expense paid or accrued with respect to it. (5) "High-level nuclear waste" means the same as that term is defined in Section 19-3-102. (6) "Municipal-type services" includes, but is not limited to: (a) fire protection service; (b) waste and garbage collection and disposal; (c) planning and zoning; (d) street lighting; (e) life support and paramedic services; (f) water; (g) sewer; (h) electricity; (i) natural gas or other fuel; or (j) law enforcement. (7) "Organization" means a corporation, limited liability company, partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise, whether or not for profit. (8) "Placement" means transportation, transfer, storage, decay in storage, treatment, or disposal. (9) "Political subdivision" means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation. (10) "Rule" means a rule made by the department under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (11) "Service" or "services" means any work or governmental program which provides a benefit. (12) "Storage facility" means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. (13) "Transfer facility" means any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points. (14) "Waste" or "wastes" means high-level nuclear waste and greater than class C radioactive waste.
Utah Code § 19-6-819 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-819
§ 19-6-819. Powers and duties of the board.
Status: in_force

(1) The board shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer this part. For these purposes the board shall establish by rule: (a) conditions and procedures for acting to issue or revoke a registration as a waste tire recycler or transporter under Section 19-6-806; (b) the amount of liability insurance or other financial responsibility the applicant is required to have to qualify for registration under Section 19-6-806, which amount may not be more than $300,000 for any liability the waste tire transporter or recycler may incur in recycling or transporting waste tires; (c) the form and amount of financial assurance required for a site or facility used to store waste tires, which amount shall be sufficient to ensure the cleanup or removal of waste tires from that site or facility; (d) standards and required documentation for tracking and record keeping of waste tires subject to regulation under this part, including: (i) manifests for handling and transferring waste tires; (ii) records documenting date, quantities, and size or type of waste tires transported, processed, transferred, or sold; (iii) records documenting persons between whom transactions under this Subsection (1)(d) occurred and the amounts of waste tires involved in those transactions; and (iv) requiring that documentation under this Subsection (1)(d) be submitted on a quarterly basis, and that this documentation be made available for public inspection; (e) authorize inspections and audits of waste tire recycling, transportation, or storage facilities and operations subject to this part; (f) standards for payments authorized under Sections 19-6-809, 19-6-810, 19-6-811, and 19-6-812; (g) regarding applications to the director for reimbursements under Section 19-6-811, the content of the reimbursement application form and the procedure to apply for reimbursement; (h) requirements for the storage of waste tires, including permits for storage; (i) the types of energy recovery or other appropriate environmentally compatible uses eligible for reimbursement, which: (i) shall include pyrolization, but not retreading; and (ii) shall apply to all waste tire recycling and beneficial use reimbursements within the state; (j) the applications of waste tires that are not eligible for reimbursement; (k) the applications of waste tires that are considered to be the storage or disposal of waste tires; and (l) provisions governing the storage or disposal of waste tires, including the process for issuing permits for waste tire storage sites. (2) The board may: (a) require retention and submission of the records required under this part; (b) require audits of the records and record keeping procedures required under this part and rules made under this part, except that audits of records regarding the fee imposed and collected by the commission under Sections 19-6-805 and 19-6-808 are the responsibility of the commission; and (c) as necessary, make rules requiring additional information as the board determines necessary to effectively administer Section 19-6-812, which rules may not place an undue burden on the operation of landfills.
Utah Code § 19-6-112 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-112
§ 19-6-112. Notice of violations -- Order for correction -- Civil action to enforce.
Status: in_force

(1) Whenever the director determines that any person is in violation of any applicable approved hazardous wastes operation plan or solid waste plan, the requirements of this part, or any of the board's rules, the director may cause written notice of that violation to be served upon the alleged violator. The notice shall specify the provisions of the plan, this part or rule alleged to have been violated, and the facts alleged to constitute the violation. (2) The director may: (a) issue an order requiring that necessary corrective action be taken within a reasonable time; or (b) request the attorney general or the county attorney in the county in which the violation is taking place to bring a civil action for injunctive relief and enforcement of this part. (3) Pending promulgation of rules for corrective action under Section 19-6-105, the director may issue corrective action orders on a case-by-case basis, as necessary to carry out the purposes of this part.
Utah Code § 19-5-124 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-124
§ 19-5-124. Phosphorus limit for household dishwashing detergent.
Status: in_force

(1) As used in this section, "household dishwashing detergent" means a substance used: (a) to clean an item commonly used for preparing food, eating, or drinking; and (b) by an individual for a personal, family, or household purpose. (2) Except as provided by Subsection (3), a person may not sell a household dishwashing detergent that contains 0.5% or more phosphorus by weight on or after July 1, 2010. (3) This section does not apply to a dishwashing detergent designed and used for a commercial or industrial purpose.
Utah Code § 19-6-809 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-809
§ 19-6-809. Partial reimbursement.
Status: in_force

(1) (a) A recycler may submit an application under Section 19-6-813 to the local health department having jurisdiction over the applicant's business address for partial reimbursement for the cost of transporting and processing a waste tire or a material derived from a waste tire that: (i) meets the requirements of Subsections (3) and (4); and (ii) is used within the state for: (A) energy recovery or production; (B) the creation of an ultimate product; (C) the production of crumb rubber, if a contract exists for the sale of the crumb rubber for use, either within or outside the state, as a component in an ultimate product; (D) the production of a chipped tire, if: (I) the chipped tire is beneficially used, either within or outside the state; and (II) a contract exists for the sale of the chipped tire; or (E) a use defined in rule as recycling. (b) A recycler is not eligible to receive partial reimbursement for transportation or processing costs related to the creation of an ultimate product if: (i) the recycler used crumb rubber as a component of the ultimate product; and (ii) the recycler, or another recycler, previously received under this section partial reimbursement for transportation or processing costs related to the production of the crumb rubber. (c) A recycler who qualifies under this section for partial reimbursement may waive the reimbursement and request in writing that the reimbursement be paid to a person who: (i) delivers a waste tire or material derived from a waste tire to the recycler; or (ii) processes the waste tire before the recycler receives the waste tire or a material derived from the waste tire for recycling. (d) A recycler is not eligible to receive partial reimbursement for transportation or processing costs for baling: (i) whole waste tires; or (ii) materials derived from waste tires that are larger than shredded waste tires. (2) Subject to the limitations in Section 19-6-816, a recycler is entitled to: (a) $65 as partial reimbursement for each ton of waste tires or material derived from waste tires converted to crumb rubber, if a contract exists for the sale of the crumb rubber for use as a component in an ultimate product; (b) $50 as partial reimbursement for each ton of waste tires or material derived from waste tires recycled, other than as crumb rubber; and (c) $20 as partial reimbursement for each ton of chipped tires used for a beneficial use. (3) (a) A recycler is eligible for a partial reimbursement if the recycler establishes, in cooperation with a tire retailer or transporter, or both, a reasonable schedule to remove waste tires in sufficient quantities to allow for economic transportation of waste tires located in a municipality, as defined in Section 10-1-104, within the state. (b) A recycler who is eligible for partial reimbursement under Subsection (3)(a) may also receive partial reimbursement for recycling a tire received from a location within the state other than those associated with a retail tire business, including a waste tire from a waste tire pile or an abandoned waste tire pile, as provided by Section 19-6-810. (4) A recycler who applies for partial reimbursement under Subsection (1) shall demonstrate to the local health department identified in Subsection (1)(a) that: (a) the waste tire or material derived from a waste tire that qualifies for the reimbursement was: (i) (A) removed and transported by a registered waste tire transporter, a recycler, or a tire retailer; or (B) generated by a private person who: (I) is not a waste tire transporter as defined in Section 19-6-803; and (II) brings the waste tire to the recycler; and (ii) generated in the state; and (b) if the tire is from a waste tire pile or abandoned waste tire pile, the recycler complied with the requirements of Section 19-6-810.
Utah Code § 19-6-718 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-718
§ 19-6-718. Limitations on liability of operator of collection center.
Status: in_force

(1) Subject to Subsection (2), a person may not recover from the owner, operator, or lessor of a DIYer used oil collection center any costs of response actions at another location resulting from a release or threatened release of used oil collected at the center if the owner, operator, or lessor: (a) operates the DIYer used oil collection center in compliance with this part and rules made under this part and the director upon inspection finds the center is in compliance with this part and rules made under this part; (b) does not mix any used oil collected with any hazardous waste or PCBs or with any material that would render the resulting mixture as a hazardous waste; (c) does not knowingly accept any used oil containing hazardous waste or PCBs; (d) ensures the used oil is transported from the center by a permitted used oil transporter; and (e) complies with Section 114(c) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. (2) (a) This section applies only to that portion of a used oil collection center used for the collection of DIYer used oil under this part. (b) This section does not apply to willful or grossly negligent activities of the owner, operator, or lessor in operating the DIYer used oil collection center. (c) This section does not affect or modify in any way the obligations or liability of any person other than the owner, operator, or lessor under any other provisions of state or federal law, including common law, for injury or damage resulting from a release of used oil or hazardous waste. (d) For the purposes of this section, the owner, operator, or lessor of a DIYer used oil collection center may presume a quantity of not more than five gallons, except under Subsection (2)(e), of used oil accepted from a member of the public is not mixed with a hazardous waste or PCBs if: (i) the oil is accepted in accordance with the inspection and identification procedures required by board rule; and (ii) the owner, operator, or lessor operates the DIYer used oil collection center in good faith and in compliance with this part and rules made under this part. (e) The owner, operator, or lessor of a DIYer used oil collection center may claim the presumption under Subsection (2)(d) for a quantity of more than five gallons but not more than 55 gallons, if the quantity received is: (i) from a farmer exempted under Subsection 19-6-708(1)(b); (ii) generated by farming equipment; and (iii) handled in accordance with all requirements of this section. (f) This section does not affect or modify the obligations or liability of any owner, operator, or lessor of a DIYer used oil collection center regarding that person's services or functions other than accepting DIYer used oil under this part.
Utah Code § 19-3-317 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-317
§ 19-3-317. Severability.
Status: in_force

If any provision of this part is held to be invalid, unconstitutional, or otherwise held to be inconsistent with law, the remainder of this part is not affected and remains in full force.
Utah Code § 19-2-109.3 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-109.3
§ 19-2-109.3. Public access to information.
Status: in_force

A copy of each permit application, compliance plan, emissions or compliance monitoring report, certification, and each operating permit issued under this chapter shall be made available to the public in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
Utah Code § 19-6-1103 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1103
§ 19-6-1103. Rulemaking.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to implement this part, including: (1) a streamlined application procedure designed to encourage and allow reuse of an industrial byproduct in a public project; and (2) reasonable, objective standards for demonstrating, without regard to the industrial byproduct's source, the safety of the reuse and future reuse of an industrial byproduct.
Utah Code § 19-1-301 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-301
§ 19-1-301. Adjudicative proceedings.
Status: in_force

(1) As used in this section, "dispositive action" means a final agency action that: (a) the executive director takes following an adjudicative proceeding on a request for agency action; and (b) is subject to judicial review under Section 63G-4-403. (2) This section governs adjudicative proceedings that are not special adjudicative proceedings as defined in Section 19-1-301.5. (3) (a) The department and its boards shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. (b) The procedures for an adjudicative proceeding conducted by an administrative law judge are governed by: (i) Title 63G, Chapter 4, Administrative Procedures Act; (ii) this title; (iii) rules adopted by the department under: (A) Subsection 63G-4-102(6); or (B) this title; and (iv) the Utah Rules of Civil Procedure, in the absence of a procedure established under Subsection (3)(b)(i), (ii), or (iii). (4) Except as provided in Section 19-2-113, an administrative law judge shall hear a party's request for agency action. (5) The executive director shall appoint an administrative law judge who: (a) has a minimum of: (i) 10 years of experience practicing law; and (ii) five years of experience practicing in the field of: (A) environmental compliance; (B) natural resources; (C) regulation by an administrative agency; or (D) a field related to a field listed in Subsections (5)(a)(ii)(A) through (C); and (b) has a working knowledge of the federal laws and regulations and state statutes and rules applicable to a request for agency action. (6) In appointing an administrative law judge who meets the qualifications described in Subsection (5), the executive director may: (a) compile a list of persons who may be engaged as an administrative law judge pro tempore by mutual consent of the parties to an adjudicative proceeding; (b) appoint an assistant attorney general as an administrative law judge pro tempore; or (c) (i) appoint an administrative law judge as an employee of the department; and (ii) assign the administrative law judge responsibilities in addition to conducting an adjudicative proceeding. (7) (a) An administrative law judge: (i) shall conduct an adjudicative proceeding; (ii) may take any action that is not a dispositive action; and (iii) shall submit to the executive director a proposed dispositive action, including: (A) written findings of fact; (B) written conclusions of law; and (C) a recommended order. (b) The executive director may: (i) approve, approve with modifications, or disapprove a proposed dispositive action submitted to the executive director under Subsection (7)(a); or (ii) return the proposed dispositive action to the administrative law judge for further action as directed. (c) In making a decision regarding a dispositive action, the executive director may seek the advice of, and consult with: (i) the assistant attorney general assigned to the department; or (ii) a special master who: (A) is appointed by the executive director; and (B) is an expert in the subject matter of the proposed dispositive action. (d) The executive director shall base a final dispositive action on the record of the proceeding before the administrative law judge. (8) To conduct an adjudicative proceeding, an administrative law judge may: (a) compel: (i) the attendance of a witness; and (ii) the production of a document or other evidence; (b) administer an oath; (c) take testimony; and (d) receive evidence as necessary. (9) A party may appear before an administrative law judge in person, through an agent or employee, or as provided by department rule. (10) (a) Except as provided in Subsection (10)(b), an administrative law judge or the executive director may not participate in an ex parte communication with a party to an adjudicative proceeding regarding the merits of the adjudicative proceeding unless notice and an opportunity to be heard are afforded to all parties. (b) The executive director may discuss ongoing operational matters that require the involvement of a division director without violating Subsection (10)(a). (c) Upon receiving an ex parte communication from a party to a proceeding, an administrative law judge or the executive director shall place the communication in the public record of the proceeding and afford all parties to the proceeding with an opportunity to comment on the communication. (d) If an administrative law judge or the executive director receives an ex parte communication, the person who receives the ex parte communication shall place the communication into the public record of the proceedings and afford all parties an opportunity to comment on the information. (11) Nothing in this section limits a party's right to an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 19-1-508 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-508
§ 19-1-508. Exemptions.
Status: in_force

This part does not apply to: (1) the sale of a motor vehicle or a part of a motor vehicle that contains engine coolant; or (2) a wholesale container of engine coolant that contains 55 gallons or more of engine coolant if it contains a conspicuous label indicating whether or not it contains a bittering agent.
Utah Code § 19-6-204 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-204
§ 19-6-204. Guidelines for facility siting -- Considerations in adopting.
Status: in_force

(1) The board shall adopt and publish guidelines for the location of hazardous waste treatment, storage, and disposal facilities. The guidelines shall ensure that facilities are sited so that the wastes located there will not constitute an unacceptable health hazard or impact the environment in an unacceptable manner. (2) Proposed guidelines for siting shall take into account the following considerations: (a) the zoning classification of the site proposed and its proximity to present or projected land use dedicated to industrial development; (b) the existing land uses and the density of population in areas neighboring the proposed site; (c) the density of population in areas adjacent to probable hazardous waste delivery routes; (d) the risk and impact of accidents which might occur during the transportation of hazardous wastes to the site; (e) the determination of areas that are dedicated to an incompatible public use or are unsuitable for other reasons for the location of hazardous wastes; (f) the geology of the proposed site with special attention to the presence of fault zones and the risk of contamination to ground and surface waters through leaching and runoff; (g) the risk to life and property from fires or explosions that might occur if improper storage and disposal methods are used; (h) the economic and environmental impact of the proposed facility site location upon local governmental units adjacent to, or within which, the facility is proposed for location; (i) closure and postclosure monitoring and maintenance requirements; and (j) other criteria required for the siting of hazardous wastes under state or federal law.
Utah Code § 19-8-104 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-104
§ 19-8-104. Program.
Status: in_force

(1) There is created under this chapter and within the Department of Environmental Quality the Voluntary Environmental Cleanup Program. (2) The program shall be administered by the executive director. (3) The program shall be funded by application fees and imposed oversight costs as provided in this chapter.
Utah Code § 19-6-102.1 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-102.1
§ 19-6-102.1. Treatment or disposal -- Exclusions.
Status: in_force

As used in Subsections 19-6-108(3)(b) and 19-6-108(3)(c)(ii)(B), the term "treatment or disposal" specifically excludes the recycling, use, reuse, or reprocessing of: (1) fly ash waste, bottom ash waste, slag waste, or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; (2) waste from the extraction, beneficiation, and processing of ores and minerals; or (3) cement kiln dust, including recycle, reuse, use, or reprocessing for road sanding, sand blasting, road construction, railway ballast, construction fill, aggregate, and other construction-related purposes.
Utah Code § 19-6-314 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-314
§ 19-6-314. Remedial investigations of priority list sites -- Parties involved -- Powers of the executive director.
Status: in_force

(1) All remedial investigations conducted under the authority of this section shall: (a) meet the substantive requirements of CERCLA; (b) follow procedures established by the National Contingency Plan to avoid inconsistent state and federal action; and (c) include recommendations for remedial action. (2) (a) After determining that a hazardous substance release is occurring from a national priority list site or proposed national priority list site, and identifying responsible parties under Section 19-6-312, the executive director shall make reasonable efforts to reach an agreement with the identified responsible parties to conduct a remedial investigation. (b) The executive director may define in the agreement the scope of the remedial investigation, the form of the report, and the time limits for completion of the investigation. (c) If any responsible party fails to perform as required under an agreement entered under the authority of this section, the executive director may take action to enforce the agreement. (3) (a) If the executive director is unable to reach an agreement with one or more responsible parties to perform a remedial investigation, the executive director may issue an order directing one or more responsible parties to perform the remedial investigation. (b) The executive director may define in the order the scope of the remedial investigation, the form of the report, and the time limits for completion of the remedial investigation. (4) (a) If the executive director is unable to obtain an agreement with one or more responsible parties to perform a remedial investigation, chooses not to order any responsible party to perform the remedial investigation, or determines that the remedial investigation performed by a responsible party does not meet the substantive requirements of CERCLA, the executive director may direct the department to conduct or correct the remedial investigation. (b) The executive director may recover the costs incurred in conducting a remedial investigation from responsible parties according to the standards contained in Section 19-6-316.
Utah Code § 19-2-121 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-121
§ 19-2-121. Ordinances of political subdivisions authorized.
Status: in_force

Any political subdivision of the state may enact and enforce ordinances to control air pollution that are consistent with this chapter.
Utah Code § 19-2-118 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-118
§ 19-2-118. Violation of injunction evidence of contempt.
Status: in_force

Failure to comply with the terms of any injunction issued under this chapter is prima facie evidence of contempt which is punishable as for other civil contempts.
Utah Code § 19-3-103.7 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-103.7
§ 19-3-103.7. Prohibition of certain radioactive wastes -- Alternative classification -- Concentrated depleted uranium.
Status: in_force

(1) Except as provided in Subsection (2), an entity may not accept in the state or apply for a license to accept in the state for commercial storage, decay in storage, treatment, incineration, or disposal waste, that at the time of acceptance is: (a) class B or class C low-level radioactive waste; or (b) radioactive waste having a higher radionuclide concentration than the highest radionuclide concentration allowed under licenses existing on February 25, 2005, that have met all the requirements of Section 19-3-105. (2) (a) Subject to the other provisions of this Subsection (2), at the request of a licensee or applicant, the director may authorize provisions for the classification and characteristics of waste for land disposal within the state on a specific basis, if after evaluation of the specific characteristics of the waste, disposal site, and method of disposal, the director finds that: (i) when considering the characteristics of the waste and the site-specific applicable method of disposal, there is reasonable assurance of compliance with the performance objectives, dose limits, and other applicable requirements set forth in rules made by the board that govern the type of issues addressed in 10 C.F.R. Part 61, Licensing Requirements for Land Disposal of Radioactive Waste, Subpart C, Performance Objectives; and (ii) the dose limits of the waste are equal to or less than that of: (A) class A low-level radioactive waste; and (B) waste described under Subsection (1)(b). (b) The prohibition of accepting waste or applying for accepting waste described in Subsection (1) does not apply to waste that is classified in compliance with the requirements of this Subsection (2). (c) Within five business days of the day on which the director makes findings to authorize the classification and characteristics of waste on a specific basis under Subsection (2)(a), the director shall notify: (i) the chairs of the Natural Resources, Agriculture, and Environment Interim Committee; or (ii) if the findings are issued during a general legislative session, the chair of the House Natural Resources, Agriculture, and Environment Standing Committee and the chair of the Senate Natural Resources, Agriculture, and Environment Standing Committee. (d) The director's authorization for the classification and characteristics of waste on a specific basis under this Subsection (2) does not take effect until 90 days from the day on which the director makes the findings under Subsection (2)(a) to authorize the classification and characteristics of the waste. (e) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this Subsection (2). (3) The director shall require as a condition to the disposal by a radioactive waste facility of a total aggregate quantity of more than one metric ton of concentrated depleted uranium: (a) an approved performance assessment; (b) designation of a federal cell by the director; and (c) pursuant to an agreement acceptable to the director, that the United States Department of Energy accepts perpetual management of the federal cell, title to the land on which the federal cell is located, title to the waste in the federal cell, and financial stewardship for the federal cell and waste in the federal cell.
Utah Code § 19-11-101 — Utah Code / Title 19 / Chapter 19-11 / § 19-11-101
§ 19-11-101. Title.
Status: in_force

This chapter is known as the "Western Interstate Nuclear Compact."
Utah Code § 19-5-103 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-103
§ 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms -- Organization -- Meetings -- Per diem and expenses.
Status: in_force

(1) The board consists of the following nine members: (a) the following non-voting member, except that the member may vote to break a tie vote between the voting members: (i) the executive director; or (ii) an employee of the department designated by the executive director; and (b) the following eight voting members, who shall be appointed or reappointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies: (i) one representative who: (A) is an expert and has relevant training and experience in water quality matters; (B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist with relevant training and experience; and (C) represents local and special service districts in the state; (ii) two government representatives who do not represent the federal government; (iii) one representative from the mineral industry; (iv) one representative from the manufacturing industry; (v) one representative who represents agricultural and livestock interests; (vi) one representative from the public who represents: (A) an environmental nongovernmental organization; or (B) a nongovernmental organization that represents community interests and does not represent industry interests; and (vii) one representative from the public who is trained and experienced in public health. (2) A member of the board shall: (a) be knowledgeable about water quality matters, as evidenced by a professional degree, a professional accreditation, or documented experience; (b) be a resident of Utah; (c) attend board meetings in accordance with the attendance rules made by the department under Subsection 19-1-201(1)(d)(i)(A); and (d) comply with all applicable statutes, rules, and policies, including the conflict of interest rules made by the department under 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) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term. (4) (a) A member shall be appointed for a term of four years and is eligible for reappointment. (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that half of the appointed board is appointed every two years. (5) A member shall hold office until the expiration of the member's term and until the member's successor is appointed, not to exceed 90 days after the formal expiration of the term. (6) The board shall: (a) organize and annually select one of its members as chair and one of its members as vice chair; (b) hold at least four regular meetings each calendar year; and (c) keep minutes of its proceedings which are open to the public for inspection. (7) The chair may call a special meeting upon the request of three or more members of the board. (8) Each member of the board and the director shall be notified of the time and place of each meeting. (9) Five members of the board constitute a quorum for the transaction of business, and the action of a majority of members present is the action of the board. (10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 19-6-206 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-206
§ 19-6-206. Exclusive remedy for devaluation of property caused by approved facility.
Status: in_force

(1) (a) Before construction of a hazardous waste management facility, but in no case later than nine months after approval of a plan for a hazardous waste treatment, storage, or disposal facility, any owner or user of property adversely affected by approval may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, against the owner of the proposed facility. (b) If the court determines that the planned construction and operation of the hazardous waste management facility will result in the devaluation of the plaintiff's property or will otherwise interfere with the plaintiff's rights in the property, the court shall order the owner to compensate the plaintiff in an amount equal to the value of the plaintiff's loss. (2) The remedy provided in Subsection (1) is the exclusive remedy for owners or users aggrieved by the proposed construction and operation of a hazardous waste treatment, disposal, or storage facility, and no court has jurisdiction to enjoin the construction or operation of any facility located at a site included in the siting plan adopted by the board. (3) (a) Nothing in this part prevents an owner or user of property aggrieved by the construction and operation of a facility from seeking damages that result from a subsequent modification of the design or operation of a facility but damages are limited to the incremental damage that results from the modification. (b) Any action for damages from a modification shall be brought within nine months after the plans for modification of the design or operation of the facility are approved. (4) For the purpose of assessing damages, the value of the rights affected is fixed at the date the facility plan is approved and the actual value of the right at that date is the basis for the determination of the amount of damage suffered, and no improvements to the property subsequent to the date of approval of the plans shall be included in the assessment of damages. Similarly, for any subsequent modification of a facility, value is fixed at the date of approval of the amended facility plan. (5) (a) The owner or operator of a proposed facility may, at any time before an award of damages, abandon the construction or operation of the facility or any modification and cause the action to be dismissed. (b) As a condition of dismissal, however, the owner or operator shall compensate the plaintiff for any actual damage sustained as a result of construction or operation of the facility before abandonment together with court costs and a reasonable attorney's fee. (6) Nothing in this part prevents a court from enjoining any activity at a hazardous waste facility that is outside of, or not in compliance with, the terms and conditions of an approved hazardous waste operations plan.
Utah Code § 19-6-317 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-317
§ 19-6-317. Remedial investigation report -- Remedial action plan implementation -- Legal remedies.
Status: in_force

(1) Upon receipt of a remedial investigation report for a national priority list site, the executive director shall: (a) review the report; (b) provide a period for public comment; (c) issue an order defining a remedial action plan consistent with CERCLA for the facility; and (d) follow the procedures established by the National Contingency Plan to avoid inconsistent state and federal action. (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) The executive director may define in the agreement the remedial action required and the time limits for completion of the remedial action. (c) 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. (3) (a) If the executive director is unable to reach an agreement with one or more responsible parties to perform remedial action, the executive director may order all responsible parties to perform the remedial action. (b) The executive director may define in the order the remedial action required and the time limits for completion of the remedial action.
Utah Code § 19-6-102 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-102
§ 19-6-102. Definitions.
Status: in_force

As used in this part: (1) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (2) "Closure plan" means a plan under Section 19-6-108 to close a facility or site at which the owner or operator has disposed of nonhazardous solid waste or has treated, stored, or disposed of hazardous waste including, if applicable, a plan to provide postclosure care at the facility or site. (3) (a) "Commercial nonhazardous solid waste treatment, storage, or disposal facility" means a facility that receives, for profit, nonhazardous solid waste for treatment, storage, or disposal. (b) "Commercial nonhazardous solid waste treatment, storage, or disposal facility" does not include a commercial facility that: (i) receives waste for recycling; (ii) receives waste to be used as fuel, in compliance with federal and state requirements; (iii) is solely under contract with a local government within the state to dispose of nonhazardous solid waste generated within the boundaries of the local government; (iv) receives only waste from the exploration and production of oil and gas; or (v) is a farm or ranch operation that receives animal mortality or animal offal waste: (A) for the purpose of composting or beneficial reuse; and (B) from a facility that processes one or more animals supplied by the farm or ranch operation. (4) "Construction waste or demolition waste": (a) means waste from building materials, packaging, and rubble resulting from construction, demolition, remodeling, and repair of pavements, houses, commercial buildings, and other structures, and from road building and land clearing; and (b) does not include: (i) asbestos; (ii) contaminated soils or tanks resulting from remediation or cleanup at a release or spill; (iii) waste paints; (iv) solvents; (v) sealers; (vi) adhesives; or (vii) hazardous or potentially hazardous materials similar to that described in Subsections (4)(b)(i) through (vi). (5) "Director" means the director of the Division of Waste Management and Radiation Control. (6) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste into or on land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters. (7) "Division" means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). (8) "Generation" or "generated" means the act or process of producing nonhazardous solid or hazardous waste. (9) (a) "Hazardous waste" means a solid waste or combination of solid wastes other than household waste that, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (b) "Hazardous waste" does not include those wastes listed in 40 C.F.R. Sec. 261.4(b). (10) "Health facility" means a: (a) hospital; (b) psychiatric hospital; (c) home health agency; (d) hospice; (e) skilled nursing facility; (f) intermediate care facility; (g) intermediate care facility for people with an intellectual disability; (h) residential health care facility; (i) maternity home or birthing center; (j) free standing ambulatory surgical center; (k) facility owned or operated by a health maintenance organization; (l) state renal disease treatment center, including a free standing hemodialysis unit; (m) the office of a private physician or dentist whether for individual or private practice; (n) veterinary clinic; or (o) mortuary. (11) "Household waste" means any waste material, including garbage, trash, and sanitary wastes in septic tanks, derived from households, including single-family and multiple-family residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas. (12) "Infectious waste" means a solid waste that contains or may reasonably be expected to contain pathogens of sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease. (13) "Manifest" means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. (14) "Mixed waste" means material that is a hazardous waste as defined in this chapter and is also radioactive as defined in Section 19-3-102. (15) "Modification request" means a request under Section 19-6-108 to modify a permitted facility or site for the purpose of disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste. (16) "Operation plan" or "nonhazardous solid or hazardous waste operation plan" means a plan or approval under Section 19-6-108, including: (a) a plan to own, construct, or operate a facility or site for the purpose of transferring, treating, or disposing of nonhazardous solid waste or treating, storing, or disposing of hazardous waste; (b) a closure plan; (c) a modification request; or (d) an approval that the director is authorized to issue. (17) "Permit" includes an operation plan. (18) "Permittee" means a person who is obligated under an operation plan. (19) (a) "Solid waste" means garbage, refuse, sludge, including sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations and from community activities. (b) "Solid waste" does not include solid or dissolved materials in domestic sewage or in irrigation return flows or discharges for which a permit is required under Title 19, Chapter 5, Water Quality Act, or under the Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq. (c) "Solid waste" does not include metal that is: (i) purchased as a valuable commercial commodity; and (ii) not otherwise hazardous waste or subject to conditions of the federal hazardous waste regulations, including the requirements for recyclable materials found at 40 C.F.R. 261.6. (d) "Solid waste" does not include post-use polymers or recovered feedstock, as those terms are defined in Section 19-6-502, converted or held at an advanced recycling facility. (20) "Solid waste management facility" means the same as that term is defined in Section 19-6-502. (21) "Storage" means the actual or intended containment of solid or hazardous waste either on a temporary basis or for a period of years in such a manner as not to constitute disposal of the waste. (22) (a) "Transfer" means the collection of nonhazardous solid waste from a permanent, fixed, supplemental collection facility for movement to a vehicle for movement to an offsite nonhazardous solid waste storage or disposal facility. (b) "Transfer" does not mean: (i) the act of moving nonhazardous solid waste from one location to another location on the site where the nonhazardous solid waste is generated; or (ii) placement of nonhazardous solid waste on the site where the nonhazardous solid waste is generated in preparation for movement off that site. (23) "Transportation" means the off-site movement of solid or hazardous waste to any intermediate point or to any point of storage, treatment, or disposal. (24) "Treatment" means a method, technique, or process designed to change the physical, chemical, or biological character or composition of any solid or hazardous waste so as to neutralize the waste or render the waste nonhazardous, safer for transport, amenable for recovery, amenable to storage, or reduced in volume. (25) "Underground storage tank" means a tank that is regulated under Subtitle I of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.
Utah Code § 19-5-202 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-202
§ 19-5-202. Capital asset management.
Status: in_force

(1) As a condition of receiving state or federal financing or grants to be used for an improvement to a capital asset related to wastewater or sewer infrastructure, the governing body of a wastewater service provider shall commit to adopt a capital asset management plan. (2) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset management plan required by Subsection (1).
Utah Code § 19-2-107.7 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-107.7
§ 19-2-107.7. Water heater regulations.
Status: in_force

(1) As used in this section: (a) "Natural gas-fired water heater" means a device that heats water by the combustion of natural gas to a thermostatically-controlled temperature not exceeding 210 degrees Fahrenheit for use external to the vessel at pressures not exceeding 160 pounds per square inch gauge. (b) "Ozone nonattainment area" means an area that does not meet the primary or secondary air quality standards for ozone under the national ambient air quality standards described in 42 U.S.C. Sec. 7407(d). (c) "PM2.5 nonattainment area" means an area that does not meet the primary or secondary air quality standards for fine particulate matter, PM2.5, under the national ambient air quality standards described in 42 U.S.C. Sec. 7407(d). (d) "Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy. (2) A person may not sell or purchase a natural gas-fired water heater that is manufactured after July 1, 2018 with the intent to install it in Utah if the natural gas-fired water heater exceeds the applicable nitrogen oxide emission rate limit set in Title 15A, State Construction and Fire Codes Act. (3) A manufacturer in Utah shall display the model number and nitrogen oxide emission rate of a water heater complying with this section on: (a) the shipping carton for the water heater; and (b) the permanent rating plate of each water heater unit. (4) This section does not apply to a water heater unit that: (a) uses a fuel other than natural gas; (b) is used in a recreational vehicle; (c) is manufactured in Utah for shipment and use outside of Utah; or (d) is intended to be installed in an area of Utah that is not included in an ozone nonattainment area or a PM2.5 nonattainment area.
Utah Code § 19-6-108.3 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-108.3
§ 19-6-108.3. Director to issue written assurances, make determinations, and partition operation plans -- Board to make rules.
Status: in_force

(1) Based upon risk to human health or the environment from potential exposure to hazardous waste, the director may: (a) even if corrective action is incomplete, issue an enforceable written assurance to a person acquiring an interest in real property covered by an operation plan that the person to whom the assurance is issued: (i) is not a permittee under the operation plan; and (ii) will not be subject to an enforcement action under this part for contamination that exists or for violations under this part that occurred before the person acquired the interest in the real property covered by the operation plan; (b) determine that corrective action to the real property covered by the operation plan is: (i) complete; (ii) incomplete; (iii) unnecessary with an environmental covenant; or (iv) unnecessary without an environmental covenant; and (c) partition from an operation plan a portion of real property subject to the operation plan after determining that corrective action for that portion of real property is: (i) complete; (ii) unnecessary with an environmental covenant; or (iii) unnecessary without an environmental covenant. (2) If the director determines that an environmental covenant is necessary under Subsection (1)(b) or (c), the director shall require that the real property be subject to an environmental covenant according to Title 57, Chapter 25, Uniform Environmental Covenants Act. (3) An assurance issued under Subsection (1) protects the person to whom the assurance is issued from any cost recovery and contribution action under state law. (4) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may adopt rules to administer this section.
Utah Code § 19-6-814 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-814
§ 19-6-814. Local health department responsibility.
Status: in_force

(1) A local health department that has received an application for partial reimbursement from a recycler shall within 15 calendar days after receiving the application: (a) review the application for completeness; (b) conduct an on-site investigation of the recycler's waste tire use if the application is the initial application of the recycler; and (c) submit the recycler's application for partial reimbursement together with a brief written report of the results of the investigation and the dollar amount approved for payment to the Division of Finance. (2) If the local health department approves a dollar amount for partial reimbursement which is less than the amount requested by the recycler, the local health department shall submit its written report of the investigation and recommendation to the recycler at least five days prior to submitting the report and recommendation to the Division of Finance.
Utah Code § 19-2-110 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-110
§ 19-2-110. Violations -- Notice to violator -- Corrective action orders -- Conference, conciliation, and persuasion by director -- Hearings.
Status: in_force

(1) Whenever the director has reason to believe that a violation of any provision of this chapter or any rule issued under it has occurred, the director may serve written notice of the violation upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, the facts alleged to constitute the violation, and may include an order that necessary corrective action be taken within a reasonable time. (2) Nothing in this chapter prevents the director from making efforts to obtain voluntary compliance through warning, conference, conciliation, persuasion, or other appropriate means. (3) Hearings may be held before an administrative law judge as provided by Section 19-1-301.
Utah Code § 19-6-812 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-812
§ 19-6-812. Landfilling shredded tires -- Reimbursement.
Status: in_force

(1) A waste tire may be disposed of in a landfill if: (a) the land fill is operated in compliance with the requirements of Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act; (b) the waste tire is shredded; and (c) the waste tire is stored in a segregated cell or other landfill facility that ensures that the disposed shredded waste tire is in a clean and accessible condition so that the waste tire may be reasonably retrieved and recycled at a future time. (2) The owner or operator of a landfill may apply to the local health department having jurisdiction over the applicant's business address for reimbursement of $20 per ton of waste tires placed in the landfill if: (a) the waste tires are disposed in compliance with Subsection (1); (b) the waste tires are generated from within the state; and (c) the application includes: (i) the site from which the waste tires are removed; (ii) the landfill where the waste tires are disposed; and (iii) the amount of shredded tires disposed. (3) An application for reimbursement under this section is substantially the same as the application process required of recyclers applying for partial reimbursement under Section 19-6-813. (4) A waste tire, for which reimbursement is paid under this section, is not eligible for additional reimbursement under this part.
Utah Code § 19-3-201.1 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-201.1
§ 19-3-201.1. Definitions.
Status: in_force

As used in this compact: (1) "Facility" means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low-level waste, excluding federal waste facilities. (2) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste. (3) "Host state" means a state in which a facility is located. (4) (a) "Low-level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. (b) "Low-level waste" does not include waste containing more than 10 nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations.
Utah Code § 19-6-903 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-903
§ 19-6-903. Law enforcement reporting and records -- Removal from list.
Status: in_force

(1) (a) When any state or local law enforcement agency in the course of its official duties observes any paraphernalia of a clandestine drug laboratory operation, including chemicals or equipment used in the manufacture of unlawful drugs, the agency shall report the location where the items were observed to the local health department. (b) (i) The law enforcement officer shall make the report under Subsection (1)(a) at the location where the observation occurred, if making the report at that time will not compromise an ongoing investigation. (ii) If the report cannot be made at the location, the report shall be made as soon afterward as is practical. (c) The report under Subsection (1)(a) shall include: (i) the date of the observation; (ii) the name of the reporting agency and the case number of the case that involves the location of the observation; (iii) the contact information of the officer involved, including name and telephone number; (iv) the address of the location and descriptions of the property that may be contaminated; and (v) a brief description of the evidence at the location that led to the belief the property at the location may be contaminated. (2) The law enforcement agency shall forward to the local health department copies of the reports made under Subsection (1). (3) (a) Upon receipt of a complaint or a report from law enforcement regarding possibly contaminated property, the local health officer or his designee shall determine if reasonable evidence exists that the property is contaminated. (b) The local health department shall place property considered to be contaminated on a contamination list. (4) The local health departments shall maintain searchable records of the properties on their contamination lists and shall: (a) make the records reasonably available to the public; (b) provide written notification to persons requesting access to the records that the records are only advisory in determining if specific property has been contaminated by clandestine drug lab activity; and (c) remove the contaminated property from the list when the following conditions have been met: (i) the local health department has monitored the decontamination process and, after documenting that the test results meet decontamination standards, has authorized the removal of or purging of the contamination information from the department's records; or (ii) a certified decontamination specialist submits a report to the local health department stating that the property is decontaminated.
Utah Code § 19-6-429 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-429
§ 19-6-429. False information and claims.
Status: in_force

(1) Any person who presents or causes to be presented any oral or written statement, knowing the statement contains false information, in order to obtain a certificate of compliance is guilty of a class B misdemeanor. (2) (a) Any person who presents or causes to be presented any claim for payment from the fund, knowing the claim contains materially false information or knowing the claim is not eligible for payment from the fund, is subject to the criminal penalties under Section 76-6-525 regarding fraud. (b) The level of criminal penalty shall be determined by the value involved, in the same manner as in Section 76-6-525.
Utah Code § 19-2-115 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-115
§ 19-2-115. Violations -- Penalties -- Reimbursement for expenses.
Status: in_force

(1) As used in this section, the terms "knowingly," "willfully," and "criminal negligence" shall mean as defined in Section 76-2-103. (2) (a) A person who violates this chapter, or any rule, order, or permit issued or made under this chapter is subject in a civil proceeding to a penalty not to exceed $10,000 per day for each violation. (b) Subsection (2)(a) also applies to rules made under the authority of Section 19-2-104, for implementation of 15 U.S.C.A. 2601 et seq., Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response. (c) Penalties assessed for violations described in 15 U.S.C.A. 2647, Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response, may not exceed the amounts specified in that section and shall be used in accordance with that section. (3) A person is guilty of a class A misdemeanor and is subject to imprisonment under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person knowingly violates any of the following under this chapter: (a) an applicable standard or limitation; (b) a permit condition; or (c) a fee or filing requirement. (4) A person is guilty of a third degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation who knowingly: (a) makes any false material statement, representation, or certification, in any notice or report required by permit; or (b) renders inaccurate any monitoring device or method required to be maintained by this chapter or applicable rules made under this chapter. (5) Any fine or penalty assessed under Subsections (2) or (3) is in lieu of any penalty under Section 19-2-109.1. (6) A person who willfully violates Section 19-2-120 is guilty of a class A misdemeanor. (7) A person who knowingly violates any requirement of an applicable implementation plan adopted by the board, more than 30 days after having been notified in writing by the director that the person is violating the requirement, knowingly violates an order issued under Subsection 19-2-110(1), or knowingly handles or disposes of asbestos in violation of a rule made under this chapter is guilty of a third degree felony and subject to imprisonment under Section 76-3-203 and a fine of not more than $25,000 per day of violation in the case of the first offense, and not more than $50,000 per day of violation in the case of subsequent offenses. (8) (a) As used in this section: (i) "Hazardous air pollutant" means any hazardous air pollutant listed under 42 U.S.C. Sec. 7412 or any extremely hazardous substance listed under 42 U.S.C. Sec. 11002(a)(2). (ii) "Organization" means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. (iii) "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (b) (i) A person is guilty of a class A misdemeanor and subject to imprisonment under Section 76-3-204 and a fine of not more than $25,000 per day of violation if that person with criminal negligence: (A) releases into the ambient air any hazardous air pollutant; and (B) places another person in imminent danger of death or serious bodily injury. (ii) As used in this Subsection (8)(b), "person" does not include an employee who is carrying out the employee's normal activities and who is not a part of senior management personnel or a corporate officer. (c) A person is guilty of a second degree felony and is subject to imprisonment under Section 76-3-203 and a fine of not more than $50,000 per day of violation if that person: (i) knowingly releases into the ambient air any hazardous air pollutant; and (ii) knows at the time that the person is placing another person in imminent danger of death or serious bodily injury. (d) If a person is an organization, it shall, upon conviction of violating Subsection (8)(c), be subject to a fine of not more than $1,000,000. (e) (i) A defendant who is an individual is considered to have acted knowingly under Subsections (8)(c) and (d), if: (A) the defendant's conduct placed another person in imminent danger of death or serious bodily injury; and (B) the defendant was aware of or believed that there was an imminent danger of death or serious bodily injury to another person. (ii) Knowledge possessed by a person other than the defendant may not be attributed to the defendant. (iii) Circumstantial evidence may be used to prove that the defendant possessed actual knowledge, including evidence that the defendant took affirmative steps to be shielded from receiving relevant information. (f) (i) It is an affirmative defense to prosecution under this Subsection (8) that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of: (A) an occupation, a business, a profession; or (B) medical treatment or medical or scientific experimentation conducted by professionally approved methods and the other person was aware of the risks involved prior to giving consent. (ii) The defendant has the burden of proof to establish any affirmative defense under this Subsection (8)(f) and shall prove that defense by a preponderance of the evidence. (9) Except as provided in Subsection 19-1-303.5(2) and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund.
Utah Code § 19-10-104 — Utah Code / Title 19 / Chapter 19-10 / § 19-10-104
§ 19-10-104. Requirements for creation of institutional control.
Status: in_force

An environmental institutional control shall: (1) be in writing and shall be recorded by the owner of the real property in the county recorder's office in the county where the real property is located; (2) contain a legal description of the area of the real property that is subject to the institutional control; (3) include a statement documenting any requirements for maintenance of the institutional control, including a description of the institutional control and the reason it must remain in place to protect the public health, safety, or welfare, or the environment; (4) include a statement that the institutional control runs with the land and is binding on all successors in interest unless or until the institutional control is removed as provided in Section 19-10-105; (5) include a statement acknowledging the department's right of access to the property at all reasonable times to verify that the institutional controls are being maintained; (6) include a statement explaining how the institutional control can be modified or terminated and stating that if any person desires to cancel or modify the institutional control in the future, the person shall obtain prior written approval from the executive director pursuant to this chapter; (7) include a notarized signature of the executive director indicating approval of the environmental institutional control; and (8) include the notarized signature of the property owner indicating approval of the environmental institutional control.
Utah Code § 19-6-114 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-114
§ 19-6-114. Service of notice, order, or other document.
Status: in_force

In accordance with procedural rules adopted by the department, service of any notice, order, or other document issued by, or under the authority of, the director may be made by forwarding a copy of that notice, order, or other document by registered mail, directed to the person's designated address.
Utah Code § 19-6-1301 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1301
§ 19-6-1301. Definitions.
Status: in_force

As used in this part: (1) "Account" means the Solar Panel Waste Restricted Account created in Section 19-6-1303. (2) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (3) "Hazardous solar panel waste" means solar panel waste that is hazardous waste in accordance with 40 C.F.R. Sec. 261.3. (4) "Hazardous waste analysis" means a test to determine whether solar panel waste is hazardous solar panel waste that is: (a) approved by the board; and (b) consistent with 40 C.F.R. Part 261, Identification and Listing of Hazardous Waste. (5) "Landfill" means a solid waste treatment, storage, or disposal facility. (6) "Nameplate capacity" means the same as that term is defined in Section 79-6-1101. (7) "Small-scale solar entity" means the seller of a solar energy system with a nameplate capacity of less than 20 megawatts. (8) "Solar panel" means a device that is: (a) rated to generate at least 200 watts of electric energy from solar energy; and (b) designed for long-term residential, commercial, or utility-scale installation. (9) "Solar panel installer" means a person that installs a solar panel for: (a) residential use; or (b) commercial use. (10) "Solar panel waste" means a solar panel that is discarded or rejected as being spent, useless, worthless, or in excess of the solar panel owner's or operator's needs at the time of discard or rejection. (11) "Solar panel waste disposal site" means a landfill or other disposal site that the director has approved for hazardous solar panel waste in accordance with Section 19-6-1306. (12) "Utility-scale solar facility" means a commercial facility that: (a) has a capacity to generate electricity from solar energy; (b) has not reached the end of the facility's operational life; and (c) uses solar equipment with a nameplate capacity of at least 20 megawatts.
Utah Code § 19-5-201 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-201
§ 19-5-201. Definitions.
Status: in_force

As used in this part: (1) "Capital asset" means an asset that: (a) is a significant investment or an essential component necessary to provide a wastewater service, including: (i) a facility; (ii) infrastructure, whether above or below ground level; (iii) equipment; or (iv) a communications network; and (b) is owned by a wastewater service provider. (2) "Governing body" means a political subdivision governing body defined in Section 63A-15-102. (3) "Large underground wastewater disposal system" is as defined by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (4) "Wastewater service provider" means a political subdivision of the state that owns, operates, or otherwise sponsors through agreement a sewerage system, a treatment works, or large underground wastewater disposal system for the collection, storage, treatment, or disposal of domestic waste.
Utah Code § 19-1-403.3 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-403.3
§ 19-1-403.3. Conversion to Alternative Fuel Grant Program Fund -- Contents -- Grants made with fund money.
Status: in_force

(1) (a) There is created an expendable special revenue fund known as the "Conversion to Alternative Fuel Grant Program Fund." (b) The fund consists of: (i) appropriations to the fund; (ii) other public and private contributions made under Subsection (1)(c); (iii) fees established by the department, as described in Subsection (3)(a), and deposited into the fund; and (iv) interest earnings on cash balances. (c) The department may accept contributions from other public and private sources for deposit into the fund. (2) The department may make a grant with money available in the fund to a person who installs conversion equipment on an eligible vehicle, as described in Sections 19-2-302 through 19-2-304. (3) The department may: (a) establish an application fee for a grant from the fund by following the procedures and requirements of Section 63J-1-504; and (b) reimburse the department for the costs incurred in administering the fund from: (i) the fund; or (ii) application fees established under Subsection (3)(a). (4) (a) The fund balance may not exceed $10,000,000. (b) Interest on cash balances in excess of the amount necessary to maintain the fund balance at $10,000,000 shall be deposited into the General Fund.
Utah Code § 19-6-815 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-815
§ 19-6-815. Payment by Division of Finance.
Status: in_force

(1) The Division of Finance is authorized to pay the recycler partial reimbursements described in Section 19-6-809 from the fund. (2) The Division of Finance shall pay the dollar amount of partial reimbursement approved by the local health department to the recycler within the next payment period established by rule of the Division of Finance, after receipt of the local health department's report and recommendation.
Utah Code § 19-13-103 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-103
§ 19-13-103. Duties of the department.
Status: in_force

The department shall: (1) facilitate recycling development zones through state support of county incentives that encourage development of manufacturing enterprises that use recycling materials currently collected; (2) evaluate an application from a county or municipality executive authority to be designated as a recycling market development zone and determine if the county or municipality qualifies for that designation; (3) provide technical assistance to municipalities and counties in developing applications for designation as a recycling market development zone; (4) assist counties and municipalities designated as recycling market development zones in obtaining assistance from the federal government and agencies of the state; (5) assist a qualified business in obtaining the benefits of an incentive or inducement program authorized by this part; and (6) monitor the implementation and operation of this part and conduct a continuing evaluation of the progress made in the recycling market development zone.
Utah Code § 19-2a-107 — Utah Code / Title 19 / Chapter 19-2a / § 19-2a-107
§ 19-2a-107. Point source pollution of halogens -- Control technology plan -- Annual report.
Status: in_force

(1) As used in this section: (a) "Division" means the Division of Air Quality created in Section 19-1-105. (b) "Major halogen source" means a facility, building, structure, or installation that has the potential to emit 3,000 tons or more of a halogen per year from the smelting, mining, or extracting of magnesium. (2) (a) The division may complete a best available control technology emissions reduction plan to reduce halogen emissions for all major halogen sources. (b) The division may require an operating major halogen source to implement a plan described in Subsection (2)(a) with an implementation date determined by the division. (c) The division may create a plan described in Subsection (2)(a) based on the division's status report for halogen reductions and standards recommendations submitted to the Natural Resources, Agriculture, and Environment Interim Committee in October 2024. (3) The division may modify the plan described in Subsection (2) to include a more cost-effective control technology if the cost-effective control technology achieves the same or better reduction in halogen emissions as the best available control technology. (4) (a) The division shall submit a halogen emissions report to the Natural Resources, Agriculture, and Environment Interim Committee on or before October 31 of each year. (b) The report described in Subsection (4)(a) shall include: (i) the status of halogen emissions in this state; (ii) the effectiveness of the controls described in Subsection (2); and (iii) recommendations, if any, from the division for legislative action to address halogen emissions.