Utah Code § 19-6-403 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-403
§ 19-6-403. Powers and duties of board.
Status: in_force

The board shall regulate a petroleum storage tank by: (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, making rules that: (a) provide for the: (i) certification of a petroleum storage tank installer, inspector, tester, or remover; (ii) registration of an underground storage tank operator; (iii) registration of a petroleum storage tank; (iv) administration of the petroleum storage tank program; (v) format of, and required information in, a record kept by an underground storage or petroleum storage tank owner or operator who is participating in the fund; (vi) voluntary participation in the fund for a tank containing regulated substances, but excluded from the definition of a petroleum storage tank as provided in Section 19-6-415; (vii) certification of a petroleum storage tank consultant including: (A) a minimum education or experience requirement; and (B) a recognition of the educational requirement of a professional engineer licensed under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act, as meeting the education requirement for certification; and (viii) compliance with this chapter by an aboveground petroleum storage tank; (b) adopt the requirements for an underground storage tank contained in: (i) the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 6991, et seq., as may be amended in the future; and (ii) an applicable federal requirement authorized by the federal law referenced in Subsection (1)(b)(i); and (c) comply with the requirements of the Solid Waste Disposal Act, Subchapter IX, 42 U.S.C. Sec. 6991, et seq., as may be amended in the future, for the state's assumption of primacy in the regulation of an underground storage tank; and (2) applying the provisions of this part.
Utah Code § 19-6-120 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-120
§ 19-6-120. New hazardous waste operation plans -- Designation of hazardous waste facilities -- Fees for filing and plan review.
Status: in_force

(1) For purposes of this section, the following items shall be treated as submission of a new hazardous waste operation plan: (a) the submission of a revised hazardous waste operation plan specifying a different geographic site than a previously submitted plan; (b) an application for modification of a commercial hazardous waste incinerator if the construction or the modification would increase the commercial hazardous waste incinerator capacity above the capacity specified in the operation plan as of January 1, 1990, or the capacity specified in the operation plan application as of January 1, 1990, if no operation plan approval has been issued as of January 1, 1990; or (c) an application for modification of a commercial hazardous waste treatment, storage, or disposal facility, other than an incinerator, if the modification would be outside the boundaries of the property owned or controlled by the applicant, as shown in the application or approved operation plan as of January 1, 1990, or the initial approved operation plan if initial approval is subsequent to January 1, 1990. (2) Capacity under Subsection (1)(b) shall be calculated based on the throughput tonnage specified for the trial burn in the operation plan or the operation plan application if no operation plan approval has been issued as of January 1, 1990, and on annual operations of 7,000 hours. (3) (a) A hazardous waste facility that is subject to payment of fees under this section or Section 19-1-201 for plan reviews under Section 19-6-108 shall be designated by the department as either class I, class II, class III, or class IV facility. (b) The department shall designate a commercial hazardous waste facility containing either landfills, surface impoundments, land treatment units, thermal treatment units, incinerators, or underground injection wells, which primarily receive wastes generated by off-site sources not owned, controlled, or operated by the facility owner or operator, as a class I facility. (4) The maximum fee for filing and review of a class I facility operation plan is $200,000, and is due and payable as follows: (a) the owner or operator of a class I facility shall, at the time of filing for plan review, pay to the department the nonrefundable sum of $50,000; (b) upon issuance by the director of a notice of completeness under Section 19-6-108, the owner or operator of the facility shall pay to the department an additional nonrefundable sum of $50,000; and (c) the department shall bill the owner or operator of the facility for any additional actual costs of plan review, up to an additional $100,000. (5) (a) The department shall designate a hazardous waste incinerator that primarily receive wastes generated by sources owned, controlled, or operated by the facility owner or operator as a class II facility. (b) The maximum fee for filing and review of a class II facility operation plan is $150,000, and shall be due and payable as follows: (i) the owner or operator of a class II facility shall, at the time of filing for plan review under Section 19-6-108, pay to the department the nonrefundable sum of $50,000; and (ii) the department shall bill the owner or operator of the facility for any additional actual costs of plan review, up to an additional $100,000. (6) (a) The department shall designate a hazardous waste facility containing either landfills, surface impoundments, land treatment units, thermal treatment units, or underground injection wells, that primarily receive wastes generated by sources owned, controlled, or operated by the facility owner or operator, as a class III facility. (b) The maximum fee for filing and review of a class III facility operation plan is $100,000 and is due and payable as follows: (i) the owner or operator shall, at the time of filing for plan review, pay to the department the nonrefundable sum of $1,000; and (ii) the department shall bill the owner or operator of a class III facility for actual costs of operation plan review, up to an additional $99,000. (7) (a) A hazardous waste facility not described in Subsections (3) through (6) is designated as a class IV facility. (b) The maximum fee for filing and review of a class IV facility operation plan is $50,000 and is due and payable as follows: (i) the owner or operator shall, at the time of filing for plan review, pay to the department the nonrefundable sum of $1,000; and (ii) the department shall bill the owner or operator of a class IV facility for actual costs of operation plan review, up to an additional $49,000. (8) (a) The maximum fee for filing and review of a temporary authorization request, class II or class III modification request, or for a class I, class II, or class III facility is $50,000 and is due and payable as follows: (i) the owner or operator shall, at the time of filing for that review, pay to the department the nonrefundable sum of $1,000; and (ii) the department shall bill the owner or operator of the hazardous waste facility for actual costs of the review, up to an additional $49,000. (b) The maximum fee for filing and review of a class I modification request, for a class I, class II, or class III facility, and of a modification request for a class IV facility, is $20,000, and is due and payable as follows: (i) the owner or operator shall, at the time of filing for that review, pay to the department the nonrefundable sum of $1,000; and (ii) the department shall bill the owner or operator of the hazardous waste facility for actual costs of review up to an additional $19,000. (c) The owner or operator of a thermal treatment unit shall submit a trial or test burn schedule 90 days before to any planned trial or test burn. At the time the schedule is submitted, the owner or operator shall pay to the department the nonrefundable fee of $25,000. The department shall apply the fee to the costs of the review and processing of each trial or test burn plan, trial or test burn, and trial or test burn data report. The department shall bill the owner or operator of the facility for any additional actual costs of review and preparation. (9) (a) The owner or operator of a class III facility may obtain a plan review within the time periods for a class II facility operation plan by paying, at the time of filing for plan review, the maximum fee for a class II facility operation plan. (b) The owner or operator of a class IV facility may obtain a plan review within the time periods for a class II facility operation plan by paying, at the time of filing for plan review, the maximum fee for a class III facility operation plan. (c) An owner or operator of a class I, class II, or class III facility who submits a class II or class III modification request may obtain a plan review within the time periods for a class II facility operation plan by paying, at the time of filing for plan review, the maximum fee for a class II facility operation plan. (d) An owner or operator of a class I, class II, or class III facility who submits a class I modification request, and an owner or operator of a class IV facility who submits a modification request or a closure plan, may obtain a plan review within the time periods for a class II facility operation plan by paying, at the time of filing for plan review, the maximum fee for a class III facility operation plan. (10) Fees received by the department under this section shall be deposited into the General Fund as dedicated credits for hazardous waste plan reviews in accordance with Subsection (12) and Section 19-6-108. (11) (a) (i) The director shall establish an accounting procedure that separately accounts for fees paid by each owner or operator who submits a hazardous waste operation plan for approval under Section 19-6-108 and pays fees for hazardous waste plan reviews under this section or Section 19-1-201. (ii) The director shall credit fees paid by the owner or operator to that owner or operator. (iii) The director shall account for costs actually incurred in reviewing each operation plan and may only use the fees of each owner or operator for review of that owner or operator's plan. (b) If the costs actually incurred by the department in reviewing a hazardous waste operation plan of any facility are less than the nonrefundable fee paid by the owner or operator under this section, the department may, upon approval or disapproval of the plan by the board or upon withdrawal of the plan by the owner or operator, use any remaining funds that have been credited to that owner or operator for the purposes of administering provisions of the hazardous waste programs and activities authorized by this part. (12) (a) With regard to any review of a hazardous waste operation plan, modification request, or closure plan that is pending on April 25, 1988, the director may assess fees for that plan review. (b) The total amount of fees paid by an owner or operator of a hazardous waste facility whose plan review is affected by this Subsection (12) may not exceed the maximum fees allowable under this section for the appropriate class of facility. (13) (a) The department shall maintain accurate records of the department's actual costs for each plan review under this section. (b) A record described in Subsection (13)(a) shall be available for public inspection.
Utah Code § 19-6-417 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-417
§ 19-6-417. Use of fund revenues to investigate certain releases from petroleum storage tank.
Status: in_force

If the director is notified of or otherwise becomes aware of a release or suspected release of petroleum, he may expend revenues from the fund to investigate the release or suspected release if he has reasonable cause to believe the release is from a tank that is covered by the fund.
Utah Code § 19-1-102 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-102
§ 19-1-102. Purposes.
Status: in_force

The purpose of this title is to: (1) clarify the powers and duties of the Department of Environmental Quality in relationship to local health departments; (2) provide effective, coordinated management of state environmental concerns; (3) safeguard public health and quality of life by protecting and improving environmental quality while considering the benefits to public health, the impacts on economic development, property, wildlife, tourism, business, agriculture, forests, and other interests, and the costs to the public and to industry; (4) strengthen local health departments' environmental programs; (5) promote coordination and cooperation between the Department of Environmental Quality and local health departments; (6) build consensus among the public, industry, and local governments in developing environmental protection goals; and (7) appropriately balance the need for environmental protection with the need for economic and industrial development.
Utah Code § 19-3-105 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-105
§ 19-3-105. Definitions -- Legislative and gubernatorial approval required for radioactive waste license -- Exceptions -- Application for new, renewed, or amended license.
Status: in_force

(1) As used in this section: (a) "Alternate feed material" has the same definition as provided in Section 59-24-102. (b) "Approval application" means an application by a radioactive waste facility regulated under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit, license, registration, certification, or other authorization. (c) (i) "Class A low-level radioactive waste" means: (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and (B) radium-226 up to a maximum radionuclide concentration level of 10,000 picocuries per gram. (ii) "Class A low-level radioactive waste" does not include: (A) uranium mill tailings; (B) naturally occurring radioactive materials; or (C) the following radionuclides if classified as "special nuclear material" under the Atomic Energy Act of 1954, 42 U.S.C. 2014: (I) uranium-233; and (II) uranium-235 with a radionuclide concentration level greater than the concentration limits for specific conditions and enrichments established by an order of the Nuclear Regulatory Commission: (Aa) to ensure criticality safety for a radioactive waste facility in the state; and (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special nuclear material exemption order. (d) (i) "Radioactive waste facility" or "facility" means a facility that decays radioactive waste in storage, treats radioactive waste, or disposes of radioactive waste: (A) commercially for profit; or (B) generated at locations other than the radioactive waste facility. (ii) "Radioactive waste facility" does not include a facility that receives: (A) alternate feed material for reprocessing; or (B) radioactive waste from a location in the state designated as a processing site under 42 U.S.C. 7912(f). (e) "Radioactive waste license" or "license" means a radioactive material license issued by the director to own, construct, modify, or operate a radioactive waste facility. (2) The provisions of this section are subject to the prohibition under Section 19-3-103.7. (3) Subject to Subsection (8), a person may not own, construct, modify, or operate a radioactive waste facility without: (a) having received a radioactive waste license for the facility; (b) meeting the requirements established by rule under Section 19-3-104; (c) the approval of the governing body of the municipality or county responsible for local planning and zoning where the radioactive waste is or will be located; and (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the approval of the governor and the Legislature. (4) Subject to Subsection (8), a new radioactive waste license application, or an application to renew or amend an existing radioactive waste license, is subject to the requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment: (a) specifies a different geographic site than a previously submitted application; (b) would cost 50% or more of the cost of construction of the original radioactive waste facility or the modification would result in an increase in capacity or throughput of a cumulative total of 50% of the total capacity or throughput which was approved in the facility license as of January 1, 1990, or the initial approval facility license if the initial license approval is subsequent to January 1, 1990; or (c) requests approval to decay radioactive waste in storage, treat radioactive waste, or dispose of radioactive waste having a higher radionuclide concentration limit than allowed, under an existing approved license held by the facility, for the specific type of waste to be decayed in storage, treated, or disposed of. (5) The requirements of Subsection (4)(c) do not apply to an application to renew or amend an existing radioactive waste license if: (a) the radioactive waste facility requesting the renewal or amendment has received a license prior to January 1, 2004; and (b) the application to renew or amend its license is limited to a request to approve the receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level radioactive waste. (6) A radioactive waste facility that receives a new radioactive waste license after May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license application, renewal, or amendment that requests approval to decay radioactive waste in storage, treat radioactive waste, or dispose of radioactive waste not previously approved under an existing license held by the facility. (7) If the board finds that approval of additional radioactive waste license applications, renewals, or amendments will result in inadequate oversight, monitoring, or licensure compliance and enforcement of existing and any additional radioactive waste facilities, the board shall suspend acceptance of further applications for radioactive waste licenses. The board shall report the suspension to the Legislative Management Committee. (8) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104(10) do not apply to: (a) a radioactive waste license in effect on December 31, 2006, including all amendments to the license thereafter; (b) a license application for a facility in existence as of December 31, 2006, unless the license application includes an area beyond the facility boundary approved in the license described in Subsection (8)(a); or (c) an application to renew or amend a license described in Subsection (8)(a), if the renewal or amendment includes an area: (i) within the facility boundary approved in the license described in Subsection (8)(a); or (ii) within a hazardous waste corridor. (9) (a) The director shall review an approval application to determine whether the application complies with the requirements of this chapter and the rules of the board. (b) Within 60 days after the day on which the director receives an approval application described in Subsection (10)(a)(ii) or (iii), the director shall: (i) determine whether the application is complete and contains all the information necessary to process the application for approval; and (ii) (A) issue a notice of completeness to the applicant; or (B) issue a notice of deficiency to the applicant and list the additional information necessary to complete the application. (c) The director shall review information submitted in response to a notice of deficiency within 30 days after the day on which the director receives the information. (10) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) categorize approval applications as follows: (i) approval applications that: (A) are administrative in nature; (B) require limited scrutiny by the director; and (C) do not require public input; (ii) approval applications that: (A) require substantial scrutiny by the director; (B) require public input; and (C) are not described in Subsection (10)(a)(iii); and (iii) approval applications for: (A) the granting or renewal of a radioactive waste license; (B) the granting or renewal of a groundwater permit issued by the director for a radioactive waste facility; (C) an amendment to a radioactive waste license, or a groundwater permit, that allows the design and approval of a new disposal cell; (D) an amendment to a radioactive waste license or groundwater discharge permit for a radioactive waste facility to eliminate groundwater monitoring; and (E) a radioactive waste facility closure plan; (b) provide time periods for the director to review, and approve or deny, an application described in Subsection (10)(a) as follows: (i) for applications categorized under Subsection (10)(a)(i), within 30 days after the day on which the director receives the application; and (ii) for applications categorized under Subsection (10)(a)(ii), within 180 days after the day on which the director receives the application; (iii) for applications categorized under Subsection (10)(a)(iii), as follows: (A) for a new radioactive waste license, within 540 days after the day on which the director receives the application; (B) for a new groundwater permit issued by the director for a radioactive waste facility consistent with the provisions of Title 19, Chapter 5, Water Quality Act, within 540 days after the day on which the director receives the application; (C) for a radioactive waste license renewal, within 365 days after the day on which the director receives the application; (D) for a groundwater permit renewal issued by the director for a radioactive waste facility, within 365 days after the day on which the director receives the application; (E) for an amendment to a radioactive waste license, or a groundwater permit, that allows the design and approval of a new disposal cell, within 365 days after the day on which the director receives the application; (F) for an amendment to a radioactive waste license, or a groundwater discharge permit, for a radioactive waste facility to eliminate groundwater monitoring, within 365 days after the day on which the director receives the application; and (G) for a radioactive waste facility closure plan, within 365 days after the day on which the director receives the application; (c) toll the time periods described in Subsection (10)(b): (i) while an owner or operator of a facility responds to the director's request for information; (ii) during a public comment period; or (iii) while the federal government reviews the application; and (d) require the director to prepare a detailed written explanation of the basis for the director's approval or denial of an approval application.
Utah Code § 19-10-108 — Utah Code / Title 19 / Chapter 19-10 / § 19-10-108
§ 19-10-108. Appeals of institutional control decisions.
Status: in_force

Any determination by the executive director under this chapter may be appealed as provided in Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 19-5-104 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-104
§ 19-5-104. Powers and duties of board.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules that: (a) taking into account Subsection (6): (i) implement the awarding of construction loans to political subdivisions and municipal authorities under Section 11-8-2, including: (A) requirements pertaining to applications for a loan; (B) requirements for determination of an eligible project; (C) requirements for determination of the costs upon which a loan is based, which costs may include engineering, financial, legal, and administrative expenses necessary for the construction, reconstruction, and improvement of a sewage treatment plant, including a major interceptor, collection system, or other facility appurtenant to the plant; (D) a priority schedule for awarding loans, in which the board may consider, in addition to water pollution control needs, any financial needs relevant, including per capita cost, in making a determination of priority; and (E) requirements for determination of the amount of the loan; (ii) implement the awarding of loans for nonpoint source projects pursuant to Section 73-10c-4.5; (iii) set effluent limitations and standards subject to Section 19-5-116; (iv) implement or effectuate the powers and duties of the board; and (v) protect the public health for the design, construction, operation, and maintenance of underground wastewater disposal systems, liquid scavenger operations, and vault and earthen pit privies; (b) govern inspection, monitoring, recordkeeping, and reporting requirements for underground injections and require permits for underground injections, to protect drinking water sources, except for wells, pits, and ponds covered by Section 40-6-5 regarding gas and oil, recognizing that underground injection endangers drinking water sources if: (i) injection may result in the presence of a contaminant in underground water that supplies or can reasonably be expected to supply a public water system, as defined in Section 19-4-102; and (ii) the presence of the contaminant may: (A) result in the public water system not complying with any national primary drinking water standards; or (B) otherwise adversely affect the health of persons; (c) govern sewage sludge management, including permitting, inspecting, monitoring, recordkeeping, and reporting requirements; and (d) notwithstanding Section 19-4-112, govern design and construction of irrigation systems that: (i) convey sewage treatment facility effluent of human origin in pipelines under pressure, unless contained in surface pipes wholly on private property and for agricultural purposes; and (ii) are constructed after May 4, 1998. (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall adopt and enforce rules and establish fees to cover the costs of: (i) managing the certification and testing program; and (ii) testing for certification of operators of treatment works and sewerage systems operated by political subdivisions. (b) In establishing certification rules under Subsection (2)(a), the board shall: (i) base the requirements for certification on the size, treatment process type, and complexity of the treatment works and sewerage systems operated by political subdivisions; (ii) allow operators until three years after the date of adoption of the rules to obtain initial certification; (iii) allow a new operator one year from the date the operator is hired by a treatment plant or sewerage system or three years after the date of adoption of the rules, whichever occurs later, to obtain certification; (iv) issue certification upon application and without testing, at a grade level comparable to the grade of current certification to operators who are currently certified under the voluntary certification plan for wastewater works operators as recognized by the board; and (v) issue a certification upon application and without testing that is valid only at the treatment works or sewerage system where that operator is currently employed if the operator: (A) is in charge of and responsible for the treatment works or sewerage system on March 16, 1991; (B) has been employed at least 10 years in the operation of that treatment works or sewerage system before March 16, 1991; and (C) demonstrates to the board the operator's capability to operate the treatment works or sewerage system at which the operator is currently employed by providing employment history and references as required by the board. (3) The board shall: (a) develop programs for the prevention, control, and abatement of new or existing pollution of the waters of the state; (b) adopt, modify, or repeal standards of quality of the waters of the state and classify those waters according to their reasonable uses in the interest of the public under conditions the board may prescribe for the prevention, control, and abatement of pollution; (c) give reasonable consideration in the exercise of its powers and duties to the economic impact of water pollution control on industry and agriculture; (d) meet the requirements of federal law related to water pollution; (e) establish and conduct a continuing planning process for control of water pollution, including the specification and implementation of maximum daily loads of pollutants; (f) (i) review total daily maximum load reports and recommendations for water quality end points and implementation strategies developed by the division before submission of the report, recommendation, or implementation strategy to the EPA; (ii) disapprove, approve, or approve with conditions the staff total daily maximum load recommendations; and (iii) provide suggestions for further consideration to the Division of Water Quality in the event a total daily maximum load strategy is rejected; (g) to ensure compliance with applicable statutes and regulations: (i) review a settlement negotiated by the director under Subsection 19-5-106(2)(k) that requires a civil penalty of $25,000 or more; and (ii) approve or disapprove the settlement described in Subsection (3)(g)(i); and (h) to ensure a prompt and fair settlement under Subsection 19-5-106(2)(k): (i) review an ongoing penalty negotiation between the director and a publicly-owned alleged violator of a provision under this chapter if: (A) the director's proposed penalty exceeds $25,000; (B) the alleged violator requests in writing that the board review the penalty negotiation; (C) the director and the alleged violator do not dispute the violations alleged by the director; and (D) the director and the alleged violator are unable to agree on a penalty amount; and (ii) upon receiving a written request for board review that meets the requirements described in Subsection (3)(h)(i): (A) assign no more than four board members to conduct a mediated settlement conference with the director and the alleged violator; (B) schedule a settlement conference for no sooner than 45 days and no later than 90 days after the day on which the written request is received; (C) recommend a reasonable penalty amount no later than 30 days after the settlement conference; and (D) inform the alleged violator that the director may commence a civil proceeding to assess penalties if necessary to prevent the running of a statute of limitation described in Sections 19-1-305 and 78B-2-307.5. (4) The board may: (a) order the director to issue, modify, or revoke an order: (i) prohibiting or abating discharges; (ii) (A) requiring the construction of new treatment works or any parts of the new treatment works; (B) requiring the modification, extension, or alteration of existing treatment works as specified by board rule or any parts of existing treatment works; or (C) the adoption of other remedial measures to prevent, control, or abate pollution; (iii) setting standards of water quality, classifying waters or evidencing any other determination by the board under this chapter; or (iv) requiring compliance with this chapter and with rules made under this chapter; (b) advise, consult, and cooperate with another agency of the state, the federal government, another state, an interstate agency, an affected group, an affected political subdivision, or affected industry to further the purposes of this chapter; or (c) delegate the authority to issue an operating permit to a local health department. (5) In performing the duties listed in Subsections (1) through (4), the board shall give priority to pollution that results in a hazard to the public health. (6) The board shall take into consideration the availability of federal grants: (a) in determining eligible project costs; and (b) in establishing priorities pursuant to Subsection (1)(a)(i). (7) The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under Section 19-5-106: (a) a permit; (b) a license; (c) a registration; (d) a certification; or (e) another administrative authorization made by the director. (8) A board member may not speak or act for the board unless the board member is authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
Utah Code § 19-6-105 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-105
§ 19-6-105. Rules of board.
Status: in_force

(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) establishing minimum standards for protection of human health and the environment, for the storage, collection, transport, transfer, recovery, treatment, and disposal of solid waste, including requirements for the approval by the director of plans for the construction, extension, operation, and closure of solid waste disposal sites; (b) identifying wastes that are determined to be hazardous, including wastes designated as hazardous under Sec. 3001 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C., Sec. 6921, et seq.; (c) governing generators and transporters of hazardous wastes and owners and operators of hazardous waste treatment, storage, and disposal facilities, including requirements for keeping records, monitoring, submitting reports, and using a manifest, without treating high-volume wastes such as cement kiln dust, mining wastes, utility waste, gas and oil drilling muds, and oil production brines in a manner more stringent than they are treated under federal standards; (d) requiring an owner or operator of a treatment, storage, or disposal facility that is subject to a plan approval under Section 19-6-108 or that received waste after July 26, 1982, to take appropriate corrective action or other response measures for releases of hazardous waste or hazardous waste constituents from the facility, including releases beyond the boundaries of the facility; (e) specifying the terms and conditions under which the director shall approve, disapprove, revoke, or review hazardous wastes operation plans; (f) governing public hearings and participation under this part; (g) establishing standards governing underground storage tanks and aboveground petroleum storage tanks, in accordance with Chapter 6, Part 4, Petroleum Storage Tank Act; (h) relating to the collection, transportation, processing, treatment, storage, and disposal of infectious waste in health facilities in accordance with the requirements of Section 19-6-106; (i) defining closure plans, modification requests, or both for hazardous waste, as class I, class I with prior director approval, class II, or class III;and (j) prohibiting refuse, offal, garbage, dead animals, decaying vegetable matter, or organic waste substance of any kind to be thrown, or remain upon or in a street, road, ditch, canal, gutter, public place, private premises, vacant lot, watercourse, lake, pond, spring, or well. (2) If any of the following are determined to be hazardous waste and are therefore subjected to the provisions of this part, the board shall, in the case of landfills or surface impoundments that receive the solid wastes, take into account the special characteristics of the wastes, the practical difficulties associated with applying requirements for other wastes to the wastes, and site-specific characteristics, including the climate, geology, hydrology, and soil chemistry at the site, if the modified requirements assure protection of human health and the environment and are no more stringent than federal standards applicable to waste: (a) solid waste from the extraction, beneficiation, or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium; (b) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; and (c) cement kiln dust waste. (3) The board shall establish criteria for siting commercial hazardous waste treatment, storage, and disposal facilities, including commercial hazardous waste incinerators. Those criteria shall apply to any facility or incinerator for which plan approval is required under Section 19-6-108.
Utah Code § 19-1-506 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-506
§ 19-1-506. Preemption.
Status: in_force

With respect to a retail container containing less than 55 gallons of engine coolant, a political subdivision of this state may not establish or enforce a prohibition, limitation, standard, or other requirement relating to the inclusion of a bittering agent in an engine coolant that differs from, or is in addition to, a requirement under this part.
Utah Code § 19-6-312 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-312
§ 19-6-312. Preinvestigation requirements.
Status: in_force

Before undertaking any remedial investigations on a facility on the hazardous substances priority list, the executive director shall make reasonable attempts to: (1) identify potentially responsible parties for each facility; and (2) send written notice to each potentially responsible party informing the party of the party's potential responsibility.
Utah Code § 19-6-813 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-813
§ 19-6-813. Application for partial reimbursement -- Penalty.
Status: in_force

(1) An application for partial reimbursement shall be in the format prescribed by the local health department and shall include: (a) the recycler's name and a brief description of the recycler's business; (b) the quantity, in tons, of waste tires recycled or used in a beneficial use; (c) originals or copies of log books, receipts, bills of lading, or other similar documents to establish the tonnage of waste tires recycled or used in a beneficial use; (d) a description of how the waste tires were recycled; (e) proof that is satisfactory to the local health department that the waste tires were recycled or used in a beneficial use; and (f) the affidavit of the recycler warranting that the recycled waste tires or waste tires used for a beneficial use for which reimbursement is sought meet the requirements of Subsection 19-6-809(4). (2) In addition to any other penalty imposed under Section 19-6-821 or 19-6-822 or by any other law, any person who knowingly or intentionally provides false information to the local health department under Subsection (1): (a) is ineligible to receive any further reimbursement under this part; and (b) shall return to the Division of Finance any reimbursement previously received for deposit in the fund.
Utah Code § 19-6-817 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-817
§ 19-6-817. Administrative fees to local health departments -- Reporting by local health departments.
Status: in_force

(1) (a) The Division of Finance shall pay quarterly to the local health departments from the fund $5 per ton of tires for which a partial reimbursement is made under this part. (b) The payment under Subsection (1)(a) shall be allocated among the local health departments in accordance with recommendations of the Utah Association of Local Health Officers. (c) The recommendation shall be based on the efforts expended and the costs incurred by the local health departments in enforcing this part and rules made under this part. (2) (a) Each local health department shall track all waste tires removed from abandoned waste tire piles within its jurisdiction, to determine the amount of waste tires removed and the recycler to which they are transported. (b) The local health department shall report this information quarterly to the director.
Utah Code § 19-6-1302 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1302
§ 19-6-1302. Powers and duties of board and director -- Rulemaking.
Status: in_force

(1) Except as otherwise provided in this chapter, the board shall make rules, beginning on July 1, 2028: (a) to provide for: (i) the appropriate method to perform a hazardous waste analysis of a solar panel described in Section 19-6-1305; (ii) identification of hazardous solar panel waste; (iii) the disposal of hazardous solar panel waste consistent with this part; and (iv) registration of a solar panel waste disposal site operator; and (b) in accordance with: (i) an applicable federal requirement established by federal law; and (ii) Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) (a) The director shall administer the requirements for testing and disposal of solar panel waste established under this part. (b) To administer the requirements of this part, the director may: (i) hire and employ division personnel; (ii) advise, consult, and cooperate with a state agency, federal agency, or other person; (iii) enforce a rule made by the board and any requirement of this part by issuing notices and orders; (iv) under the direction of the executive director, represent the state in matters pertaining to interstate solar panel waste management and control, including entering into interstate compacts and other similar agreements; and (v) require an owner or operator of solar panel waste to: (A) provide information or a record relating to a solar panel and solar panel equipment; and (B) complete a hazardous waste analysis for solar panel waste in accordance with Section 19-6-1305.
Utah Code § 19-7-104 — Utah Code / Title 19 / Chapter 19-7 / § 19-7-104
§ 19-7-104. Unlawful disclosure -- Environmental audit report.
Status: in_force

(1) Information that is divulged, disseminated, or otherwise disclosed in violation of Utah Rules of Evidence, Rule 508, may not be admitted as evidence in an administrative or judicial proceeding. (2) If any person, including a department employee or a presiding hearing officer, divulges or disseminates any part of the information contained in an environmental audit report and that report is privileged under Utah Rules of Evidence, Rule 508, the privilege is not waived except as provided under Utah Rules of Evidence, Rule 508(d)(1). (3) An environmental audit report obtained pursuant to an in camera review is a protected record for purposes of Title 63G, Chapter 2, Government Records Access and Management Act, and a department employee or attorney representing the department may not disclose the report except in accordance with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act.
Utah Code § 19-6-315 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-315
§ 19-6-315. Remedial investigations of scored 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; and (b) include recommendations for remedial action. (2) (a) After determining that a hazardous substance release is occurring from a scored 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 perform a remedial investigation. (b) The executive director may define in the agreement the scope of the investigation, the form of the report, and the time limits for completion of the investigation. (c) If the potentially 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 a remedial investigation, or determines that the remedial investigation performed by responsible parties 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 § 19-4-106 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-106
§ 19-4-106. Director -- Appointment -- Authority -- Duties.
Status: in_force

(1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) The director shall: (a) develop programs to promote and protect the quality of the public drinking water supplies of the state; (b) advise, consult, and cooperate with other agencies of this and other states, the federal government, and with other groups, political subdivisions, and industries in furtherance of the purpose of this chapter; (c) review plans, specifications, and other data pertinent to proposed or expanded water supply systems to ensure proper design and construction; (d) ensure that a community water system has an emergency response plan that meets the requirements described in Subsection 19-4-117(2); (e) subject to this chapter, enforce rules made by the board through the issuance of orders that may be subsequently revoked, which orders may require: (i) discontinuance of use of unsatisfactory sources of drinking water; (ii) suppliers to notify the public concerning the need to boil water; or (iii) suppliers in accordance with existing rules, to take remedial actions necessary to protect or improve an existing water system; and (f) as authorized by the board and subject to this chapter, act as executive secretary of the board under the direction of the chair of the board. (3) The director may authorize employees or agents of the department, after reasonable notice and presentation of credentials, to enter any part of a public water system at reasonable times to inspect the facilities and water quality records required by board rules, conduct sanitary surveys, take samples, and investigate the standard of operation and service delivered by public water systems. (4) As provided in this chapter and in accordance with rules made by the board, the director may: (a) issue and enforce a notice of violation and an administrative order; and (b) assess and make a demand for payment of an administrative penalty arising from a violation of 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. (5) If the director brings a civil action under Subsection 19-4-109(8) that may result in a court order for a receivership or divestment described in Subsection 19-4-109(8)(c), the director shall report the status of the civil action to: (a) if the Legislature is not in session, the chairs of the Natural Resources, Agriculture, and Environment Interim Committee; or (b) if the Legislature is in session, the chair of the House Natural Resources, Agriculture, and Environment Committee and the chair of the Senate Natural Resources, Agriculture, and Environment Committee.
Utah Code § 19-12-203 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-203
§ 19-12-203. Refunds -- Interest.
Status: in_force

(1) A person that pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase or lease that would otherwise be exempt under Section 19-12-201, except that the director has not issued a certification under Section 19-12-303, may obtain a refund of the tax if: (a) the director subsequently issues a certification under Section 19-12-303; and (b) the person files a claim for the refund with the State Tax Commission on or before the earlier of: (i) three years after the date the director issues the certification under Section 19-12-303; or (ii) six years after the date the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act. (2) A person that pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a purchase or lease that is exempt under Section 19-12-201, may obtain a refund of the tax if the person files a claim for the refund with the State Tax Commission within three years after the date the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act. (3) (a) If a person files a claim for a refund of taxes under Subsection (1) within 180 days after the date the director issues a certification under Section 19-12-303, interest shall be added to the amount of the refund the State Tax Commission grants: (i) at the interest rate and, except as provided in Subsection (3)(a)(ii), in the manner provided in Section 59-1-402; and (ii) beginning on the date the person pays the tax under Title 59, Chapter 12, Sales and Use Tax Act, for which the person is claiming the refund. (b) If a person files a claim for a refund of taxes under Subsection (1) more than 180 days after the date the director issues a certification under Section 19-12-303, interest shall be added to the amount of the refund the State Tax Commission grants: (i) at the interest rate and, except as provided in Subsection (3)(b)(ii), in the manner provided in Section 59-1-402; and (ii) beginning 30 days after the date the person files the claim for a refund. (4) If a person files a claim for a refund of taxes under Subsection (2), interest shall be added to the amount of the refund the State Tax Commission grants: (a) at the interest rate and, except as provided in Subsection (4)(b), in the manner provided in Section 59-1-402; and (b) beginning 30 days after the date the person files the claim for the refund.
Utah Code § 19-6-810 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-810
§ 19-6-810. Recycling waste tires from abandoned waste tire piles and other waste tire piles.
Status: in_force

(1) A recycler may be reimbursed for recycling or beneficial use of waste tires from an abandoned waste tire pile within the state if: (a) prior to recycling or the beneficial use of any of the waste tires, the recycler receives an affidavit from the local health department of the jurisdiction where the waste tire pile is located, stating: (i) the waste tire pile is abandoned; and (ii) the local health department has not been able to: (A) locate the persons responsible for the waste tire pile; or (B) cause the persons responsible for the waste tire pile to remove it; (b) the waste tire transporter who transports the waste tires to the recycler: (i) is registered; (ii) has received from the local health department an affidavit stating it has authorized the transporter to remove the waste tires and deliver them to a recycler; and (iii) provides a copy of the affidavit to the recycler; and (c) the recycler provides to the local health department: (i) proof of compliance with this Subsection (1) in the required form; and (ii) the information required under Section 19-6-809. (2) A recycler may receive partial reimbursement for recycling or the beneficial use of waste tires from waste tire piles within the state that are not abandoned if: (a) prior to recycling or the beneficial use of any of the waste tires, the recycler receives an affidavit from the local health department of the jurisdiction where the waste tire pile is located, stating the waste tire pile is not abandoned; (b) the recycler obtains an affidavit from the owner of the waste tire pile or the owner's authorized designee stating: (i) the waste tires are from a pile to which no tires have been added after June 30, 1991; or (ii) if the waste tires are from a waste tire pile to which waste tires have been added after June 30, 1991, all the waste tires provided to the recycler were generated within the state; (c) the waste tires are transported to the recycler by a registered waste tire transporter, who provides a manifest to the recycler; and (d) the recycler provides to the local health department: (i) proof of compliance with this Subsection (2) in the required form; and (ii) the information required under Section 19-6-809.
Utah Code § 19-5-116 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-116
§ 19-5-116. Limitation on effluent limitation standards for BOD, Total Suspended Solids, Bacteria, and pH for domestic or municipal sewage.
Status: in_force

Unless required to meet instream water quality standards or federal requirements established under the federal Clean Water Act, the board may not establish, under Section 19-5-104, effluent limitation standards for Biochemical Oxygen Demand (BOD), Total Suspended Solids (SS), Bacteria, and pH for domestic or municipal sewage that are more stringent than the following: (1) Biochemical Oxygen Demand (BOD): The arithmetic mean of BOD values determined on effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any seven-day period. (2) Total Suspended Solids (SS): The arithmetic mean of SS values determined on effluent samples collected during any 30-day period may not exceed 25 mg/l, nor shall the arithmetic mean exceed 35 mg/l during any seven-day period. (3) Bacteria: (a) The geometric mean of total coliforms and fecal coliform bacteria in effluent samples collected during any 30-day period may not exceed either 2000/100 ml for total coliforms or 200/100 ml for fecal coliforms. The geometric mean during any seven-day period may not exceed 2500/100 ml for total coliforms or 250/100 for fecal coliforms. (b) The geometric mean of E. coli bacteria in effluent samples collected during any 30-day period shall not exceed 126 per 100 mL nor shall the geometric mean exceed 158 per 100 mL respectively during any 7-day period. (4) pH: The pH level shall be maintained at a level not less than 6.5 or greater than 9.0.
Utah Code § 19-4-115 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-115
§ 19-4-115. Drinking water quality in schools and child care centers.
Status: in_force

(1) As used in this section: (a) "Action level" means a lead concentration equal to five parts per billion. (b) "Certified laboratory" means a laboratory certified by the Department of Health and Human Services that analyzes drinking water for lead. (c) "Child care center" means: (i) a center based child care, as defined in Section 26B-2-401; or (ii) an exempt provider, as defined in Section 26B-2-401. (d) "Consumable tap" means a sink or fountain used for consumption of water or food preparation. (e) "School" means a public or private: (i) elementary school or secondary school; (ii) preschool; or (iii) kindergarten. (2) (a) A school shall, and a child care center may test the school's or child care center's consumable taps for lead by no later than December 31, 2023. (b) In conducting a test under this Subsection (2), a school or child care center shall: (i) comply with current state testing guidelines for reducing lead in drinking water in schools and child care centers; and (ii) submit a sample to a certified laboratory that has entered into a memorandum of understanding with the division as described in Subsection (3). (c) Notwithstanding Subsection (2)(a), if a school or child care center has conducted a test for lead in drinking water in a consumable tap of the school or child care center on or after January 1, 2016, but before May 4, 2022, the school or child care center: (i) is not required to conduct a test under Subsection (2)(a) on the previously sampled consumable tap; (ii) if the test described in this Subsection (2)(c) finds a lead level for a consumable tap equals or exceeds the action level, shall take steps to stop the use of the consumable tap or to reduce the lead level below the action level as described in Subsection (5); and (iii) by no later than the end of the time period established under Subsection (4)(c), shall report to the division: (A) the findings of the test described in this Subsection (2)(c); and (B) any steps taken under Subsection (2)(c)(ii). (3) (a) The division shall enter into a memorandum of understanding with one or more certified laboratories under which the division pays the costs of testing a sample submitted by a school or child care center in accordance with Subsection (2). (b) Subject to appropriations, the division shall pay the costs of testing in the order that a sample is submitted to the certified laboratory. (c) A certified laboratory shall report test results for a sample submitted in accordance with Subsection (2) to: (i) the school or child care center that submitted the sample; and (ii) the division. (4) (a) If after paying the costs of testing under Subsection (3) there remains money appropriated under this section, the division may issue grants to schools and child care centers for costs associated with taking action under Subsection (5). (b) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) to establish a procedure for a school or child care center applying for a grant under Subsection (4)(a); and (ii) for what constitutes steps to reduce the lead level below the action level as described in Subsection (5). (c) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the time period to take steps to reduce the lead level below the action level as described in Subsection (5). (5) If a test result of a consumable tap under Subsection (2) results in a lead level that equals or exceeds the action level, the school or child care center shall: (a) within the time period established under Subsection (4)(c) take steps to stop the use of the consumable tap or to reduce the lead level below the action level; and (b) report the steps taken under Subsection (5)(a) to the division within 30 days after taking the steps. (6) After the time period established under Subsection (4)(c) has ended, the division shall post on a public website for at least five years from the day on which the division receives the information: (a) the test results for a test taken under Subsection (2); and (b) the steps taken as required under Subsection (5).
Utah Code § 19-4-116 — Utah Code / Title 19 / Chapter 19-4 / § 19-4-116
§ 19-4-116. Fee schedule -- Exemption -- Report -- Monitoring of fees.
Status: in_force

(1) (a) The department shall establish a fee schedule for the regulation of public water systems in the state in accordance with Section 63J-1-504. (b) To create the fee schedule described in Subsection (1)(a), the department shall: (i) complete a review of program costs and indirect costs of regulating public water systems in the state, after consulting with industry, local governments, special districts, and special service districts; (ii) use the findings from the review described in Subsection (1)(b)(i); and (iii) evaluate other sources of funding to support the regulation of public water systems in the state. (c) The fee schedule described in Subsection (1)(a) may: (i) implement an annual fee on a public water system in the state, on the basis of consumption, for the direct delivery of water to an end user for human consumption and other domestic uses; (ii) implement a reasonable fee for plan review; (iii) implement a reasonable fee for a public water system sanitary survey; (iv) provide for reasonable and timely oversight of the fee schedule by the department; and (v) be in an amount needed to reasonably enable the department and public water systems to: (A) employ qualified personnel to appropriately oversee public drinking water regulation; and (B) beginning on July 1, 2026, fund water infrastructure projects ranked and prioritized in the unified water infrastructure plan under Section 73-10g-603. (d) The fee schedule described in Subsection (1)(a) may include fees that provide financial incentives: (i) to a public water system that is not a community water system if the public water system complies with Section 19-4-114; and (ii) to a community water system if the community water system: (A) installs water meters on each residential connection in the community water system; (B) adopts tiered water rates; (C) creates a drinking water master plan report within 10 years before the day on which the fee is imposed; and (D) complies with Section 19-4-114. (2) Except for water delivered by a wholesale water supplier directly to an end user for human consumption and other domestic uses, a public water system that is a wholesale water supplier is exempt from the fee established under Subsection (1)(c)(i). (3) Agricultural water, as that term is defined in Section 73-10g-601, is exempt from the fee established under Subsection (1). (4) A public water system shall submit payment of the fee established by Subsection (1) to the department: (a) in accordance with a schedule provided by the department; and (b) using a form provided by the department. (5) (a) Except as provided in Subsection (5)(b), the department shall deposit fees collected under this section into the Water Infrastructure Fund created in Section 73-10g-107. (b) The department shall retain a portion of the fees collected under Subsection (1)(c) to offset the department's costs in regulating public water systems. (6) The Office of the Legislative Fiscal Analyst shall monitor fees collected under this section.
Utah Code § 19-3-206 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-206
§ 19-3-206. Direction to compact committee member.
Status: in_force

The Utah compact committee member designated under Section 19-3-204 may not bring to the committee for approval and shall vote to disapprove any arrangement under Subsection 19-3-204(4) for a facility to receive class B or class C low-level radioactive waste for commercial storage, decay in storage, treatment, incineration, or disposal within the state.
Utah Code § 19-6-703 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-703
§ 19-6-703. Definitions.
Status: in_force

(1) "Board" means the Waste Management and Radiation Control Board created in Section 19-1-106. (2) "Commission" means the State Tax Commission. (3) "Department" means the Department of Environmental Quality created in Title 19, Chapter 1, General Provisions. (4) "Director" means the director of the Division of Waste Management and Radiation Control. (5) "Division" means the Division of Waste Management and Radiation Control, created in Section 19-1-105. (6) "DIY" means do it yourself. (7) "DIYer" means a person who generates used oil through household activities, including maintenance of personal vehicles. (8) "DIYer used oil" means used oil a person generates through household activities, including maintenance of personal vehicles. (9) "DIYer used oil collection center" means any site or facility that accepts or aggregates and stores used oil collected only from DIYers. (10) "Hazardous waste" means any substance defined as hazardous waste under Title 19, Chapter 6, Hazardous Substances. (11) "Lubricating oil" means the fraction of crude oil or synthetic oil used to reduce friction in an industrial or mechanical device. Lubricating oil includes rerefined oil. (12) "Lubricating oil vendor" means the person making the first sale of a lubricating oil in Utah. (13) "Manifest" means the form used for identifying the quantity and composition and the origin, routing, and destination of used oil during its transportation from the point of collection to the point of storage, processing, use, or disposal. (14) "Off-specification used oil" means used oil that exceeds levels of constituents and properties as specified by board rule and consistent with 40 CFR 279, Standards for the Management of Used Oil. (15) "On-specification used oil" means used oil that does not exceed levels of constituents and properties as specified by board rule and consistent with 40 CFR 279, Standards for the Management of Used Oil. (16) (a) "Processing" means chemical or physical operations under Subsection (16)(b) designed to produce from used oil, or to make used oil more amenable for production of: (i) gasoline, diesel, and other petroleum derived fuels; (ii) lubricants; or (iii) other products derived from used oil. (b) "Processing" includes: (i) blending used oil with virgin petroleum products; (ii) blending used oils to meet fuel specifications; (iii) filtration; (iv) simple distillation; (v) chemical or physical separation; and (vi) rerefining. (17) "Recycled oil" means oil reused for any purpose following its original use, including: (a) the purpose for which the oil was originally used; and (b) used oil processed or burned for energy recovery. (18) "Rerefining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition varies with column operation and feedstock. (19) "Used oil" means any oil, refined from crude oil or a synthetic oil, that has been used and as a result of that use is contaminated by physical or chemical impurities. (20) (a) "Used oil aggregation point" means any site or facility that accepts, aggregates, or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons. (b) A used oil aggregation point may also accept oil from DIYers. (21) "Used oil burner" means a person who burns used oil for energy recovery. (22) "Used oil collection center" means any site or facility registered with the state to manage used oil and that accepts or aggregates and stores used oil collected from used oil generators, other than DIYers, who are regulated under this part and bring used oil to the collection center in shipments of no more than 55 gallons and under the provisions of this part. Used oil collection centers may accept DIYer used oil also. (23) "Used oil fuel marketer" means any person who: (a) directs a shipment of off-specification used oil from its facility to a used oil burner; or (b) first claims the used oil to be burned for energy recovery meets the used oil fuel specifications of 40 CFR 279, Standards for the Management of Used Oil, except when the oil is to be burned in accordance with rules for on-site burning in space heaters in accordance with 40 CFR 279. (24) "Used oil generator" means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. (25) "Used oil handler" means a person generating used oil, collecting used oil, transporting used oil, operating a transfer facility or aggregation point, processing or rerefining used oil, or marketing used oil. (26) "Used oil processor or rerefiner" means a facility that processes used oil. (27) "Used oil transfer facility" means any transportation-related facility, including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours during the normal course of transportation and not longer than 35 days. (28) (a) "Used oil transporter" means the following persons unless they are exempted under Subsection (28)(b): (i) any person who transports used oil; (ii) any person who collects used oil from more than one generator and transports the collected oil; (iii) except as exempted under Subsection (28)(b)(i), (ii), or (iii), any person who transports collected DIYer used oil from used oil generators, collection centers, aggregation points, or other facilities required to be permitted or registered under this part and where household DIYer used oil is collected; and (iv) owners and operators of used oil transfer facilities. (b) "Used oil transporter" does not include: (i) persons who transport oil on site; (ii) generators who transport shipments of used oil totalling 55 gallons or less from the generator to a used oil collection center as allowed under 40 CFR 279.24, Off-site Shipments; (iii) generators who transport shipments of used oil totalling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator as allowed under 40 CFR 279.24, Off-site Shipments; (iv) persons who transport used oil generated by DIYers from the initial generator to a used oil generator, used oil collection center, used oil aggregation point, used oil processor or rerefiner, or used oil burner subject to permitting or registration under this part; or (v) railroads that transport used oil and are regulated under 49 U.S.C. Subtitle V, Rail Programs, and 49 U.S.C. 5101 et seq., federal Hazardous Materials Transportation Uniform Safety Act.
Utah Code § 19-6-310 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-310
§ 19-6-310. Apportionment of liability -- Liability agreements -- Legal remedies.
Status: in_force

(1) The executive director may recover only the proportionate share of costs of any investigation and abatement performed under Section 19-6-309 and this section from each responsible party, as provided in this section. (2) (a) In apportioning responsibility for the investigation and abatement, or liability for the costs of the investigation and abatement, in any administrative proceeding or judicial action, the following standards apply: (i) liability shall be apportioned in proportion to each responsible party's respective contribution to the release; and (ii) the apportionment of liability shall be based on equitable factors, including the quantity, mobility, persistence, and toxicity of hazardous materials contributed by a responsible party, and the comparative behavior of a responsible party in contributing to the release, relative to other responsible parties. (b) Liability may not be apportioned against a current or previous owner or operator who acquired or became the operator of the facility before March 18, 1985, who may otherwise be a responsible party but who did not know that any hazardous material which is the subject of a release was on, in, or at the facility prior to acquisition or operation of the facility, and the release is not the result of an act or omission of the current or previous owner or operator. (c) Liability may not be apportioned against a current or previous owner or operator who acquired or became the operator of the facility on or after March 18, 1985, who may otherwise be a responsible party but who did not know and had no reason to know, after having taken all appropriate inquiry into the previous ownership and uses of the facility, consistent with good commercial or customary practice at the time of the purchase, that any hazardous material which is the subject of a release was on, in, or at the facility prior to acquisition or operation of the facility, and the release is not the result of an act or omission of the current or previous owner or operator. (d) A responsible party who is not exempt under Subsection (2)(b) or (c) may be considered to have contributed to the release and may be liable for a proportionate share of costs as provided under this section either by affirmatively causing a release or by failing to take action to prevent or abate a release which has originated at or from the facility. A person whose property is contaminated by migration from an offsite release is not considered to have contributed to the release unless the person takes actions which exacerbate the release. (e) A responsible party who meets the criteria in Subsection (2)(b) or (c) or a person who is not considered to have contributed to a release under Subsection (2)(d) is not considered to have contributed to a release solely by failing to take abatement or remedial action pursuant to an administrative order. (f) (i) The burden of proving proportionate contribution shall be borne by each responsible party. (ii) If a responsible party does not prove his proportionate contribution, the court or the executive director shall apportion liability to the party based solely on available evidence and the standards of Subsection (2)(a). (iii) The ability of a responsible party to pay is not a factor in the apportionment of liability. (g) The court may not impose joint and several liability. (h) Each responsible party is strictly liable solely for his proportionate share of investigation and abatement costs. (3) The failure of the executive director to name all responsible parties is not a defense to an action under this section. (4) (a) Any party who incurs costs under Section 19-6-309 and this section in excess of the party's liability may seek contribution from any other party who is or may be liable under Section 19-6-309 and this section for the excess costs in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) In resolving claims made under Subsection (4)(a), the court shall allocate costs using the standards set forth in Subsection (2). (5) (a) A party who has resolved his liability in an agreement under Section 19-6-309 and this section is not liable for claims for contribution regarding matters addressed in the settlement. (b) (i) An agreement does not discharge any of the liability of responsible parties who are not parties to the agreement, unless the terms of the agreement provide otherwise. (ii) An agreement made under this subsection reduces the potential liability of other responsible parties by the amount of the agreement. (6) (a) If the executive director obtains less than complete relief from a party who has resolved his liability in an agreement under Section 19-6-309 and this section, the executive director may bring an action against any party who has not resolved his liability in an agreement. (b) In apportioning liability, the standards of Subsection (2) apply. (c) A party who resolved his liability for some or all of the costs in an agreement under Section 19-6-309 and this section may seek contribution from any person who is not party to an agreement under Section 19-6-309 and this section. (7) (a) An agreement made under Section 19-6-309 and this section may provide that the executive director will pay for costs of actions that the parties have agreed to perform, but which the executive director has agreed to finance, under the agreement. (b) If the executive director makes payments from the fund, he may recover the amount paid using the authority of Section 19-6-309 and this section or any other applicable authority. (8) (a) The executive director may not recover costs of any investigation performed under the authority of Subsection 19-6-309(2)(b) if the investigation does not confirm that a release presenting a direct and immediate threat to public health has occurred. (b) This subsection takes precedence over any conflicting provision of this section regarding cost recovery.
Utah Code § 19-12-201 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-201
§ 19-12-201. Sales and use tax exemption for certain purchases or leases related to pollution control.
Status: in_force

(1) Except as provided in Subsection (2), a purchase or lease of the following is exempt from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act: (a) freestanding pollution control property; (b) tangible personal property if the tangible personal property is: (i) incorporated into freestanding pollution control property; or (ii) used at, used in the construction of, or incorporated into a pollution control facility; (c) a part, if the part is used in the repair or replacement of property described in Subsection (1)(a) or (b); (d) a product transferred electronically, if the property transferred electronically is: (i) incorporated into freestanding pollution control property; or (ii) used at, used in the construction of, or incorporated into a pollution control facility; or (e) a service, if the service is performed on: (i) freestanding pollution control property; (ii) a pollution control facility; or (iii) property described in Subsection (1)(b), a part described in Subsection (1)(c), or a product described in Subsection (1)(d). (2) A purchase or lease of the following is not exempt under this section: (a) a consumable chemical that is not reusable; (b) a consumable cleaning material that is not reusable; or (c) a consumable supply that is not reusable. (3) A purchase or lease of office equipment or an office supply is not exempt under this section if the primary purpose of the office equipment or office supply is not the prevention, control, or reduction of air or water pollution by: (a) the disposal or elimination of, or redesign to eliminate, waste, and the use of treatment works for industrial waste; or (b) the disposal, elimination, or reduction of, or redesign to eliminate or reduce, air pollutants, air pollution, or air pollution sources, and the use of one or more air cleaning devices.
Utah Code § 19-6-702 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-702
§ 19-6-702. Legislative findings.
Status: in_force

(1) The Legislature finds millions of gallons of used oil are generated each year in Utah, and this oil is: (a) a valuable petroleum resource that can be recycled; and (b) in spite of the potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by means that pollute the water, land, and air, and endanger the public health, safety, and welfare. (2) The Legislature finds used oil should be collected, treated, and reused in a manner that conserves energy and does not present a hazard to public health or the environment. (3) The Legislature finds in light of the harmful consequences that can result from the improper disposal and use of used oil, and its value as a resource, the collection, recycling, and reuse of used oil is in the public interest.
Utah Code § 19-3-305 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-305
§ 19-3-305. Application for license.
Status: in_force

The application for a construction and operating license shall contain information required by department rules, which shall include: (1) results of studies adequate to: (a) identify the presence of any groundwater aquifers in the area of the proposed site; (b) assess the quality of the groundwater of all aquifers identified in the area of the proposed site; (c) provide reports on the monitoring of vadose zone and other near surface groundwater; (d) provide reports on hydraulic conductivity tests; and (e) provide any other information necessary to estimate adequately the groundwater travel distance; (2) identification of transportation routes and transportation plans within the state and demonstration of compliance with federal, state, and local transportation requirements; (3) estimates of the composition, quantities, and concentrations of waste to be generated by the activities covered by the license; (4) the environmental, social, and economic impact of the facility in the area of the proposed facility and on the state as a whole; (5) detailed engineering plans and specifications for the construction and operation of the facility and for the closure of the facility; (6) detailed cost estimates and funding sources for construction, operation, and closure of the facility; (7) a security plan that includes a detailed description of security measures that would be installed in and around the facility; (8) a detailed description of site suitability, including a description of the geologic, geochemical, geotechnical, hydrologic, ecologic, archaeologic, meteorologic, climatologic, and biotic features of the site and vicinity; (9) specific identification of: (a) the applicant, the wastes to be accepted, the sources of waste, and the owners and operators of the facility; and (b) the persons or entities having legal responsibility for the facility and wastes; (10) quantitative and qualitative environmental and health risk assessments for all proposed activities, including transfer, storage, and transportation of wastes; (11) technical qualifications, including training and experience of the applicant, staff, and personnel who are to engage in the proposed activities; (12) a quality assurance program, radiation safety program, and environmental monitoring program; (13) a regional emergency plan for an area surrounding the facility having at least a 75-mile radius, but which may be greater, if required by department rule; and (14) any other information and monitoring the department determines necessary to insure the protection of the public health and the environment.
Utah Code § 19-5-119 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-119
§ 19-5-119. State permits not required where federal government has primary responsibility.
Status: in_force

If for any reason, including cessation of federal funding, the federal government has the primary responsibility for the discharge permit or underground injection permit programs in this state, discharge or underground injection permits established by this chapter are not required.
Utah Code § 19-6-125 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-125
§ 19-6-125. Incineration of medical waste.
Status: in_force

(1) Except as provided in Subsection (2), the division may not approve an operation plan or issue a permit for construction of a new facility that: (a) incinerates infectious waste or chemotherapeutic agents; and (b) is located within a two-mile radius of an area zoned residential on January 1, 2014. (2) The division may approve renewal or modification of an operation plan or a permit for a facility that is in operation as of May 13, 2014.
Utah Code § 19-6-704 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-704
§ 19-6-704. 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 and to comply with 40 CFR 279, Standards for the Management of Used Oil, to ensure the state's primacy to manage used oil under 40 CFR 279. For these purposes the board shall: (a) establish by rule conditions and procedures for registration and revocation of registration as a used oil collection center, used oil aggregation point, or DIYer used oil collection center; (b) provide by rule that used oil aggregation points that do not accept DIYer used oil are required to comply with used oil collection standards under this part, but are not required to be permitted or registered; (c) establish by rule conditions and fees required to obtain permits and operate as used oil transporters, used oil transfer facilities, used oil processors and rerefiners, and used oil fuel marketers; (d) establish by rule the amount of liability insurance or other financial responsibility the applicant shall have to qualify for a permit under Subsection (1)(c); (e) establish by rule the form and amount of reclamation surety required for reclamation of any site or facility required to be permitted under this part; (f) establish by rule standards for tracking, analysis, and recordkeeping regarding used oil subject to regulation under this part, including: (i) manifests for handling and transferring used oil; (ii) analyses necessary to determine if used oil is on-specification or off-specification; (iii) records documenting date, quantities, and character of used oil transported, processed, transferred, or sold; (iv) records documenting persons between whom transactions under this subsection occurred; and (v) exemption of DIYer used oil collection centers from this subsection except as necessary to verify volumes of used oil picked up by a permitted transporter and the transporter's name and federal EPA identification number; (g) authorize inspections and audits of facilities, centers, and operations subject to regulation under this part; (h) establish by rule standards for: (i) used oil generators; (ii) used oil collection centers; (iii) DIYer used oil collection centers; (iv) aggregation points; (v) curbside used oil collection programs; (vi) used oil transporters; (vii) used oil transfer facilities; (viii) used oil burners; (ix) used oil processors and rerefiners; and (x) used oil marketers; (i) establish by rule standards for determining on-specification and off-specification used oil and specified mixtures of used oil, subject to Section 19-6-707 regarding rebuttable presumptions; (j) establish by rule standards for closure, remediation, and response to releases involving used oil; and (k) establish a public education program to promote used oil recycling and use of used oil collection centers. (2) The board may: (a) hold a hearing that is not an adjudicative proceeding relating to any aspect of or matter in the administration of this part; (b) require retention and submission of records required under this part; or (c) require audits of records and recordkeeping 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 19-6-714 and 19-6-715 are the responsibility of the commission under Section 19-6-716.
Utah Code § 19-6-410.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-410.5
§ 19-6-410.5. Environmental assurance program -- Participant fee.
Status: in_force

(1) As used in this section: (a) "Cash balance" means cash plus investments and current accounts receivable minus current accounts payable, excluding the liabilities estimated by the executive director. (b) "Commission" means the State Tax Commission, as defined in Section 59-1-101. (2) (a) There is created an environmental assurance program. (b) The program shall provide to a participating owner or operator, upon payment of the fee imposed under Subsection (4), assistance with satisfying the financial responsibility requirements of 40 C.F.R., Part 280, Subpart H, by providing money from the fund established in Section 19-6-409, subject to the terms and conditions of this part, and rules implemented under this part. (3) (a) Subject to Subsection (3)(b), participation in the program is voluntary. (b) An owner or operator seeking to satisfy financial responsibility requirements through the program shall use the program for all petroleum storage tanks that the owner or operator owns or operates. (4) (a) There is assessed an environmental assurance fee of 13/20 cent per gallon on the first sale or use of petroleum products in the state. (b) The environmental assurance fee and any other revenue collected under this section shall be deposited into the fund created in Section 19-6-409 and used solely for the purposes listed in Section 19-6-409. (5) (a) The commission shall administer, collect, and enforce the fee imposed under this section according to the same procedures used in the administration, collection, and enforcement of the state sales and use tax under: (i) Title 59, Chapter 1, General Taxation Policies; and (ii) Title 59, Chapter 12, Part 1, Tax Collection. (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules to establish: (i) the method of payment of the environmental assurance fee; (ii) the procedure for reimbursement or exemption of an owner or operator that does not participate in the program, including an owner or operator of an aboveground petroleum storage tank; and (iii) the procedure for confirming with the department that an owner or operator qualifies for reimbursement or exemption under Subsection (5)(b)(ii). (c) The commission may retain an amount not to exceed 2.5% of fees collected under this section for the cost to the commission of rendering its services. (d) By January 1, 2015, for underground storage tanks, and by July 1, 2026, for aboveground petroleum storage tanks, the division shall, by rule, create: (i) a model for assessing the risk profile of each facility participating in the program, for purposes of qualifying for a rebate of a portion of the environmental assurance fee described in Subsection (4) collected from an owner or operator that participates in the program; and (ii) a rebate schedule listing the amount of the environmental assurance fee that an owner or operator participating in the program may qualify for based on risk profiles determined by the model developed under Subsection (5)(d)(i). (e) The rebate described in Subsection (5)(d): (i) may not exceed 40% of the actual fee collected from an owner or operator of a low-risk petroleum storage tank as defined in the risk-based model developed under Subsection (5)(d); (ii) is administered on a per facility basis; (iii) is based on the facility's risk profile at the end of the prior calendar year; (iv) is only applicable to an environmental assurance fee collected after December 30, 2014, for underground storage tanks, and June 30, 2026, for aboveground petroleum storage tanks; and (v) shall be claimed in the form of a refund from the commission. (f) The refund described in Subsection (5)(e)(v) may be claimed on a monthly basis. (6) (a) The person responsible for payment of the fee under this section shall, by the last day of the month following the month in which the sale occurs: (i) complete and submit the form prescribed by the commission; and (ii) pay the fee to the commission. (b) (i) The penalties and interest for failure to file the form or to pay the environmental assurance fee are the same as the penalties and interest under Sections 59-1-401 and 59-1-402. (ii) The commission shall deposit penalties and interest collected under this section in the fund. (c) The commission shall report to the department a person who is delinquent in payment of the fee under this section. (7) (a) (i) If the cash balance of the fund on June 30 of any year exceeds $60,000,000, the assessment of the environmental assurance fee as provided in Subsection (4) is reduced to 1/4 cent per gallon beginning the following November 1. (ii) If after the environmental assurance fee is reduced under Subsection (7)(a)(i) and the cash balance of the fund on June 30 of any year is less than $20,000,000, the assessment of the environmental assurance fee reverts back to 13/20 cent per gallon as provided in Subsection (4) beginning the following November 1. (b) The commission shall determine the cash balance of the fund each year as of June 30. (c) Before September 1 of each year, the department shall provide the commission with the accounts payable of the fund as of June 30.
Utah Code § 19-6-719 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-719
§ 19-6-719. Used oil collection account.
Status: in_force

There is created in the General Fund a restricted account known as the Used Oil Collection Administration Account. All money received by the state from the recycling fee placed on lubricating oil under this part, all permit fees, all penalties imposed under this part, and all money received as a grant or donation to be used for the administration of this part shall be placed in this account to be appropriated to the division for the management of DIYer used oil under this part subject to the priorities in Section 19-6-720.
Utah Code § 19-6-423 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-423
§ 19-6-423. Claim or suit against responsible parties -- Prerequisites for payment from fund to responsible parties or third parties -- Limitations of liability for third party claims.
Status: in_force

(1) (a) The director may authorize payments from the fund to a responsible party if the responsible party receives actual or constructive notice: (i) of a release likely to give rise to a claim; or (ii) that in connection with a release a: (A) suit has been filed; or (B) claim has been made against the responsible party for: (I) bodily injury; or (II) property damage. (b) A responsible party described in Subsection (1)(a) shall: (i) inform the state risk manager immediately of a release, suit, or claim described in Subsection (1)(a); (ii) allow the state risk manager and the state risk manager's legal counsel to participate with the responsible party and the responsible party's legal counsel in: (A) the defense of a suit; (B) determination of legal strategy; (C) other decisions affecting the defense of a suit; and (D) settlement negotiations; and (iii) conduct the defense of a suit or claim in good faith. (2) The director may authorize payment of fund money for a judgment or award to third parties if the state risk manager: (a) is allowed to participate in the defense of the suit as required under Subsection (1)(b); and (b) approves the settlement. (3) The director may make a payment from the fund to a third party pursuant to Section 19-6-421 or fund a corrective action plan pursuant to Section 19-6-420 if the payment or funding does not impose a liability or make a payment for: (a) an obligation of a responsible party for: (i) workers' compensation benefits; (ii) disability benefits; (iii) unemployment compensation; or (iv) other benefits similar to benefits described in Subsections (3)(a)(i) through (iii); (b) a bodily injury award to: (i) a responsible party's employee arising from and in the course of the employee's employment; or (ii) the spouse, child, parent, brother, sister, heirs, or personal representatives of the employee described in Subsection (3)(b)(i); (c) bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of an aircraft, motor vehicle, or watercraft; (d) property damage to a property owned by, occupied by, rented to, loaned to, bailed to, or otherwise in the care, custody, or control of a responsible party except to the extent necessary to complete a corrective action plan; (e) bodily injury or property damage for which a responsible party is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless the responsible party entered into the contract or agreement to meet the financial responsibility requirements of: (i) Subtitle I of the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991c et seq., or regulations issued under this act; or (ii) this part, or rules made under this part; (f) bodily injury or property damage for which a responsible party is liable to a third party solely on account of personal injury to the third party's spouse; (g) bodily injury, property damage, or the cost of corrective action caused by releases reported before May 11, 2010 that are covered by the fund if the total amount previously paid by the director to compensate third parties and fund corrective action plans for the releases equals: (i) $990,000 for a single release; and (ii) for all releases by a responsible party in a fiscal year: (A) $1,990,000 for a responsible party owning less than 100 petroleum storage tanks; and (B) $3,990,000 for a responsible party owning 100 or more petroleum storage tanks; and (h) bodily injury, property damage, or the cost of corrective action caused by releases reported on or after May 11, 2010, covered by the fund if the total amount previously paid by the director to compensate third parties and fund corrective action plans for the releases equals: (i) $1,990,000 for a single release; and (ii) for all releases by a responsible party in a fiscal year: (A) $1,990,000 for a responsible party owning less than 100 petroleum storage tanks; and (B) $3,990,000 for a responsible party owning 100 or more petroleum storage tanks.
Utah Code § 19-7-106 — Utah Code / Title 19 / Chapter 19-7 / § 19-7-106
§ 19-7-106. In camera review -- Burden of proof.
Status: in_force

(1) The person seeking disclosure of an environmental audit report shall request an in camera review of the audit report by a court of record. (2) (a) If a court of record determines through in camera review that all or part of an environmental audit report is not privileged, the court shall order the disclosure of the nonprivileged portions of the environmental audit report. (b) The privileged portions of the environmental audit report may not be disclosed. (3) The person asserting the environmental self-evaluation privilege has the burden of establishing a prima facie case of privilege. (4) The person seeking disclosure of an environmental audit report has the burden of proving that the environmental audit report is not privileged or excepted pursuant to the Utah Rules of Evidence, Rule 508.
Utah Code § 19-1-209 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-209
§ 19-1-209. Fast track permitting for critical minerals.
Status: in_force

(1) As used in this section: (a) "Critical mineral" means the same as that term is defined in Section 79-10-101. (b) "Critical minerals project" means an activity requiring one or more state permits related to the extraction or processing of a critical mineral. (c) "Critical minerals zone" means the same as that term is defined in Section 79-10-101. (d) "Permit" means the same as that term is defined in Section 79-10-101. (2) (a) A division within the department shall prioritize division resources to process a permit that is: (i) requested to be issued by the division; and (ii) related to a critical minerals project described in Subsection (2)(b). (b) This Subsection (2) applies to a critical minerals project that is: (i) for the extraction or processing of a critical mineral within a critical minerals zone; or (ii) included in the strategic plan developed by the Critical Minerals Council under Subsection 79-10-302(1). (3) The department shall work cooperatively with the Division of Oil, Gas, and Mining to develop processes under which permits for a critical minerals project described in Subsection (2)(b) that are issued by a division within the department and the Division of Oil, Gas, and Mining: (a) may be issued at parallel times rather than sequentially; and (b) minimize the need for a person to comply with duplicative, overlapping, or conflicting requirements. (4) Nothing in this section abrogates or interferes with the powers or duties of the Division of Oil, Gas, and Mining.
Utah Code § 19-6-311 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-311
§ 19-6-311. Hazardous substances priority list.
Status: in_force

(1) The executive director shall develop and, as frequently as is necessary, revise a hazardous substances priority list by making a rule that: (a) identifies separately national priority list sites, proposed national priority list sites, and scored sites that pose a significant threat to the public health or the environment; and (b) declares those sites to be eligible to be addressed under the authority granted by this part. (2) The executive director may not spend fund money or use the authority granted by this part to address any facilities containing hazardous substances that are not on the hazardous substances priority list. (3) The executive director shall remove facilities from the hazardous substances priority list when appropriate.
Utah Code § 19-7-108 — Utah Code / Title 19 / Chapter 19-7 / § 19-7-108
§ 19-7-108. Scope of chapter.
Status: in_force

This chapter shall apply to all administrative and judicial proceedings commenced on or after March 21, 1995.
Utah Code § 19-6-205 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-205
§ 19-6-205. Siting plan -- Procedure for adoption -- Review -- Effect.
Status: in_force

(1) After completion of the guidelines, the board shall prepare and publish a preliminary siting plan for the state. The preliminary siting plan is not final until adopted by the board in accordance with Subsection (2) and shall be based upon the guidelines adopted under Section 19-6-204 and be published within one year after adoption of the guidelines. (2) (a) After completion of its guidelines, the board shall publish notice of intent to prepare a siting plan. The notice shall invite all interested persons to nominate sites for inclusion in the siting plan. It shall be published at least twice in not less than two newspapers with statewide circulation and shall also be sent to any person, business, or other organization that has notified the board of an interest or involvement in hazardous waste management activities. (b) Nominations for the location of hazardous waste sites shall be accepted by the board for a period of 120 days after the date of first publication of notice. Nominations may include a description of the site or sites suggested or may simply suggest a general area. In addition, any nomination may provide data and reasons in support of inclusion of the site nominated. (c) The board, in cooperation with other state agencies and private sources, shall then prepare an inventory of: (i) the hazardous wastes generated in the state; (ii) those likely to be generated in the future; (iii) those being generated in other states that are likely to be treated, disposed of, or stored in the state; (iv) the sites within the state currently being used for hazardous waste and those suggested through the nomination process; (v) the treatment, storage, and disposal processes and management practices that are required to comply with Section 19-6-108; and (vi) an estimate of the public and private costs for meeting the long-term demand for hazardous waste treatment, disposal, and storage facilities. (d) (i) After the hazardous waste inventory and cost estimate are complete, the board, with the use of the guidelines developed in Section 19-6-204, shall provide for the geographical distribution of enough sites to fulfill the state's needs for hazardous waste disposal, treatment, and storage for the next 25 years. (ii) The board may not exclude any area of the state from consideration in the selection of potential sites but, to the maximum extent possible, shall give preference to sites located in areas already dedicated through zoning or other land use regulations to industrial use or to areas located near industrial uses. However, the board shall give consideration to excluding an area designated for disposal of uranium mill tailings or for disposal of nuclear wastes unless the proposed disposal site is approved by the affected county through its county executive and county legislative body. (e) The board shall also analyze and identify areas of the state where, due to the concentration of industrial waste generation processes or to favorable geology or hydrology, the construction and operation of hazardous waste treatment, disposal, and storage facilities appears to be technically, environmentally, and economically feasible. (3) (a) The preliminary siting plan prepared pursuant to Subsection (2) shall, before adoption, be distributed to all units of local government located near existing or proposed sites. (b) Notice of the availability of the preliminary siting plan for examination shall be published at least twice in two newspapers, if available, with general circulation in the areas of the state that potentially will be affected by the plan. (c) The board shall also issue a statewide news release that informs persons where copies of the preliminary siting plan may be inspected or purchased at cost. (d) After release of the preliminary siting plan, the board shall hold not less than two public hearings in different areas of the state affected by the proposed siting plan to allow local officials and other interested persons to express their views and submit information relevant to the plan. The hearings shall be conducted not less than 60 nor more than 90 days after release of the plan. Within 30 days after completion of the hearings, the board shall prepare and make available for public inspection a summary of public comments. (4) (a) The board, between 30 and 60 days after publication of the public comments, shall prepare a final siting plan. (b) The final siting plan shall be widely distributed to members of the public. (c) The board, at any time between 30 and 60 days after release of the final plan, on its own initiative or that of interested parties, shall hold not less than two public hearings in each area of the state affected by the final plan to allow local officials and other interested persons to express their views. (d) The board, within 30 days after the last hearing, shall vote to adopt, adopt with modification, or reject the final siting plan. (5) (a) Any person adversely affected by the board's decision may seek judicial review of the decision by filing a petition for review with the district court for Salt Lake County within 90 days after the board's decision. (b) Judicial review may be had, however, only on the grounds that the board violated the procedures set forth in this section, that it acted without or in excess of its powers, or that its actions were arbitrary or capricious and not based on substantial evidence. (6) If the final siting plan is adopted, the board shall cause it to be published. (7) After publication of the final siting plan, the board shall engage in a continuous monitoring and review process to ensure that the long-range needs of hazardous waste producers likely to dispose of hazardous wastes in this state are met at a reasonable cost. An annual review of the adequacy of the plan shall be conducted and published by the board. (8) (a) If necessary, the board may amend the siting plan to provide additional sites or delete sites which are no longer suitable. (b) Before any plan amendment adding or deleting a site is adopted, the board, upon not less than 20 days' public notice, shall hold at least one public hearing in the area where the affected site is located. (9) After adoption of the final plan, an applicant for approval of a plan to construct and operate a hazardous waste treatment, storage, and disposal facility who seeks protection under this part shall select a site contained on the final site plan. (10) Nothing in this part, however, shall be construed to prohibit the construction and operation of an approved hazardous waste treatment, storage, and disposal facility at a site which is not included within the final site plan, but such a facility is not entitled to the protections afforded under this part.
Utah Code § 19-2-109.7 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-109.7
§ 19-2-109.7. Permit by rule registration expansion study.
Status: in_force

(1) As used in this section: (a) "Permit by rule" means a permitting or registration process in which a stationary source submits a written registration notice to the director to exempt the stationary source from the requirement to obtain an approval order. (b) "Permit by rule" includes a permitting or registration process designed to exempt a category of similar stationary sources from the requirement to obtain an approval order. (2) The division shall conduct a study on the feasibility of expanding the division's permit by rule program by: (a) reviewing successful permit by rule programs in other states; (b) identifying potential categories of sources suitable for inclusion in the permit by rule program, including: (i) abrasive cleaning; (ii) aggregate processing; (iii) asphalt plants; (iv) auto body refinishing shops; (v) boilers and combustion devices; (vi) concrete batch plants; (vii) crushing and screening operations; (viii) degreasing operations; (ix) dry cleaning; (x) dust control; (xi) emergency generators, pumps, and compressors; (xii) fuel dispensing; (xiii) internal combustion engines; (xiv) mineral processing; (xv) natural gas-fired boilers and heaters; (xvi) printing operations; (xvii) sand and gravel operations; (xviii) surface coating; (xix) landfills; and (xx) wood processing; and (c) assessing the environmental and economic impacts of expanding the program. (3) On or before November 30, 2025, the division shall: (a) make rules to include at least five categories of sources listed in Subsection (2)(b) in the division's permit by rule program in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b) report to the Natural Resources, Agriculture, and Environment Interim Committee: (i) the division's recommendations for expanding the permit by rule program, including: (A) the addition of new categories of sources, if any, to the program; and (B) changes to statute or rules necessary to implement the program; and (ii) the estimated impacts of expanding the permit by rule program on: (A) air quality; (B) permitting efficiency; and (C) regulated sources.
Utah Code § 19-6-715 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-715
§ 19-6-715. Recycling fee collection procedures.
Status: in_force

(1) A lubricating oil vendor shall pay the fee collected under Section 19-6-714 to the commission: (a) monthly on or before the last day of the month immediately following the last day of the previous month if: (i) the lubricating oil vendor is required to file a sales and use tax return with the commission monthly under Section 59-12-108; or (ii) the lubricating oil vendor is not required to file a sales and use tax return under Title 59, Chapter 12, Sales and Use Tax Act; or (b) quarterly on or before the last day of the month immediately following the last day of the previous quarter if the lubricating oil vendor is required to file a sales and use tax return with the commission quarterly under Section 59-12-107. (2) A lubricating oil vendor may retain no more than 2% of the recycling fee the lubricating oil vendor collects under Section 19-6-714 for the costs of collecting the fee. (3) The payment of the fee to the commission shall be accompanied by a form provided by the commission.
Utah Code § 19-8-119 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-119
§ 19-8-119. Apportionment or contribution.
Status: in_force

(1) Any party who incurs costs under a voluntary agreement entered into under this part in excess of the party's liability may seek contribution in an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, from any other party who is or may be liable under Subsection 19-6-302(21) or 19-6-402(29) for the excess costs after providing written notice to any other party that the party bringing the action has entered into a voluntary agreement and will incur costs. (2) In resolving claims made under Subsection (1), the court shall allocate costs using the standards in Subsection 19-6-310(2).
Utah Code § 19-2-109.4 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-109.4
§ 19-2-109.4. Project entity transition permit.
Status: in_force

(1) As used in this section: (a) "Alternative permit" means an amendment to a transition permit that allows for multiple operating scenarios, including: (i) the operating scenario set forth in the transition permit; and (ii) at least one alternative operating scenario that allows: (A) the operation of the new electrical generation facility at full capacity as contemplated by the transition permit; and (B) continued operation of one or more existing generating units at or below the capacity factor and in compliance with the other conditions specified in the application for the amendment to the transition permit. (b) "Division" means the Division of Air Quality created in Section 19-1-105. (c) "Existing generating unit" means an electric generating unit that is part of an existing electrical generation facility owned at any time by a project entity. (d) "New electrical generation facility" means an electrical generation facility powered by natural gas, hydrogen, or any combination of natural gas and hydrogen. (e) "Pre-existing permit" means the air quality permit held by the operator of an existing electrical generation facility prior to any amendments associated with transitioning to a new facility. (f) "Project entity" means the same as that term is defined in Section 11-13-103. (g) "Transition permit" means an amendment to the pre-existing permit, issued to the operator of an existing electrical generation facility for the purpose of transitioning to a new electrical generation facility, which authorizes construction of the new electrical generation facility but does not require closure of all existing generating units until after the new electrical generation facility commences operation. (2) The division shall accept an application for an alternative permit from a project entity that has previously obtained a transition permit. (3) If the application for an alternative permit meets the requirements established by the board: (a) the division shall issue an approval order for the alternative permit to the project entity; (b) if the division approves the alternative permit, the conditions of the transition permit, including those requiring an existing generating unit to cease operation and to be placed in maintenance status shall remain in effect until: (i) the project entity's sale of the existing generating units; or (ii) both the resolution of all administrative and judicial challenges to the alternative permit and the expiration of the applicable limitations period to file such challenges; and (c) the project entity shall submit all documentation required to modify any federal operating permit required to be maintained by the project entity, consistent with deadlines established by the division. (4) If an alternative permit is not approved under Subsection (3), the conditions of the transition permit shall remain effective. (5) The division shall evaluate an application for an alternative permit independently from any pre-existing permit or transition permit based on updated assumptions, modeling, and requirements established in rule by the division and may rely upon the reduction of capacity of the existing electrical generation facility only as necessary to ensure that emissions of the new electrical generation facility do not exceed thresholds established by federal law which would necessitate new source review as a major modification. (6) If an administrative or judicial challenge to the alternative permit succeeds in invalidating: (a) a portion of the alternative permit, the remaining conditions of the alternative permit shall remain valid and in force; or (b) the primary operating scenario of the alternative permit or the entire alternative permit, the transition permit shall remain in force with respect to the conditions governing the construction and operation of the new electrical generation facility.
Utah Code § 19-3-107 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-107
§ 19-3-107. State radioactive waste plan.
Status: in_force

(1) The board shall prepare a state plan for management of radioactive waste by July 1, 1993. (2) The plan shall: (a) provide an estimate of radioactive waste capacity needed in the state for the next 20 years; (b) assess the state's ability to minimize waste and recycle; (c) evaluate radioactive waste treatment and disposal options, as well as radioactive waste needs and existing capacity; (d) evaluate facility siting, design, and operation; (e) review funding alternatives for radioactive waste management; and (f) address other radioactive waste management concerns that the board finds appropriate for the preservation of the public health and the environment.
Utah Code § 19-6-119 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-119
§ 19-6-119. Nonhazardous solid waste disposal fees.
Status: in_force

(1) (a) In accordance with Section 63J-1-504, on or before July 1, 2018, and each fiscal year after July 1, 2018, the department shall establish a fee schedule for the treatment, transfer, and disposal of all nonhazardous solid waste. (b) The department shall, before establishing the annual fee schedule described in Subsection (1)(a), consult with industry and local government and complete a review of program costs and indirect costs of regulating nonhazardous solid waste in the state and use the findings of the review to create the fee schedule. (c) The fee schedule described in Subsection (1)(a) shall: (i) create an equitable and fair, though not necessarily equal or uniform, fee to be paid by all persons whose treatment, transfer, or disposal of nonhazardous solid waste creates a regulatory burden to the department, based on the actual cost, and taking into consideration whether the owner or operator of a facility elects to self-inspect under Section 19-6-109, except as provided in Subsection (1)(d); (ii) cover the fully burdened costs of the program and provide for reasonable and timely oversight by the department; (iii) adequately meet the needs of industry, local government, and the department, including enabling the department to employ the appropriate number of qualified personnel to appropriately oversee industry and local government regulation; (iv) provide stable funding for the Environmental Quality Restricted Account created in Section 19-1-108; and (v) for solid waste managed at a transfer facility, be no greater than the cost of regulatory services provided to the transfer facility. (d) A person who treats, transfers, stores, or disposes of solid waste from the extraction, beneficiation, and processing of ores and minerals on a site owned, controlled, or operated by that person may not be charged a fee under this section for the treatment, transfer, storage, or disposal of solid waste from the extraction, beneficiation, and processing of ores and minerals that are generated: (i) on-site by the person; or (ii) by off-site sources owned, controlled, or operated by the person. (2) On and after January 1, 2019, a facility required to pay fees under this section shall: (a) pay the fees imposed by this section to the department by the 15th day of the month following the quarter in which the fees accrued; and (b) with the fees required under Subsection (2)(a), submit to the department, on a form prescribed by the department, information that verifies the amount of nonhazardous solid waste received and the fees that the owner or operator is required to pay. (3) In setting the fee schedule described in Subsection (1)(a), the department shall ensure that a party is not charged multiple fees for the same solid waste, except the department may charge a separate fee for a transfer station. (4) The department shall: (a) deposit all fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108; and (b) in preparing the department's budget for the governor and the Legislature, separately indicate the amount of the department's budget necessary to administer the solid and hazardous waste program established by this part. (5) The department may contract or agree with a county to assist in performing nonhazardous solid waste management activities, including agreements for: (a) the development of a solid waste management plan required under Section 17E-7-101; and (b) pass-through of available funding. (6) This section does not exempt a facility from applicable regulation under the Atomic Energy Act, 42 U.S.C. Secs. 2014 and 2021 through 2114.
Utah Code § 19-8-118 — Utah Code / Title 19 / Chapter 19-8 / § 19-8-118
§ 19-8-118. Cleanups conducted prior to May 5, 1997.
Status: in_force

(1) A person who has completed a response action prior to May 5, 1997, at a site that would have been eligible for participation in the program under this chapter, may submit an application to the executive director under Section 19-8-107 for a certificate of completion under Section 19-8-111. (2) The application shall include information required by department rules concerning the property addressed by the application and the response action conducted at the site. (3) The executive director and applicant shall identify in the voluntary agreement any necessary studies to be conducted by the applicant to demonstrate the cleanup has been completed as provided in Section 19-8-110. (4) Applications submitted under this section are subject to Sections 19-8-110 through 19-8-113 to the extent those sections are applicable.
Utah Code § 19-6-720 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-720
§ 19-6-720. Grants and donations -- Support for programs -- Priorities.
Status: in_force

(1) The division may solicit or request and receive gifts, grants, donations, and other assistance from any source. Funds or resources received shall be deposited in the account created in Section 19-6-719 and shall be appropriated to the division for the management of DIYer used oil under this part subject to priorities set in Subsection (2). (2) Appropriations received by the division shall be expended, as available, for the management of DIYer used oil under this part in the following order of priority: (a) first, division and board costs of implementation; (b) second, recycling incentive payments under Section 19-6-717; (c) third, public education programs; (d) fourth, awarding grants as funds are available for the establishment of the following, with emphasis on providing used oil collection facilities and programs in rural areas: (i) used oil collection centers; and (ii) curbside used oil collection programs, including costs of retrofitting trucks, curbside containers, hiring permitted transporters described in Subsection 19-6-710(2), and other costs of curbside collection programs; and (e) fifth, provide funding to local health departments for enforcement of the management of DIYer used oil under this part in coordination with the board. (3) In awarding grants under Subsection (2)(d), the board shall work with governmental entities in areas of the state where used oil collection centers are limited or do not exist, or where public access to the centers is limited, to promote the establishment of DIYer used oil collection centers.
Utah Code § 19-6-307 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-307
§ 19-6-307. Hazardous Substances Mitigation Fund.
Status: in_force

(1) There is created an expendable special revenue fund entitled the "Hazardous Substances Mitigation Fund." (2) The fund consists of money generated from the following revenue sources: (a) any voluntary contributions received for the cleanup of hazardous substances facilities; (b) appropriations made to the fund by the Legislature; (c) money received by the state under Sections 19-6-310 and 19-6-316; and (d) money from the Environmental Quality Restricted Account in accordance with Subsection 19-1-108(5). (3) (a) The fund shall earn interest. (b) Interest earned on fund money shall be deposited into the fund. (4) The executive director may use fund money to: (a) take emergency action as provided in Sections 19-6-309 and 19-6-310; (b) conduct remedial investigations as provided in Sections 19-6-314 through 19-6-316; (c) pay the amount required by the federal government as the state's portion of the cost of cleanups under authority of CERCLA, as appropriated by the Legislature for that purpose; and (d) pay the amount required by the federal government as the state's portion of the cost of cleanups under 42 U.S.C. Sec. 6991 et seq., the Leaking Underground Storage Tank Trust Fund, as appropriated by the Legislature for that purpose.
Utah Code § 19-5-106 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-106
§ 19-5-106. Director -- Appointment -- Duties.
Status: in_force

(1) The executive director shall appoint the director. The director shall serve under the administrative direction of the executive director. (2) The director shall: (a) develop programs for the prevention, control, and abatement of new or existing pollution of the waters of the state; (b) advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter; (c) develop programs for the management of sewage sludge; (d) subject to the provisions of this chapter, enforce rules made by the board through the issuance of orders, which orders may include: (i) prohibiting or abating discharges of wastes into the waters of the state; (ii) requiring the construction of new control facilities or any parts of them or the modification, extension, or alteration of existing control facilities or any parts of them, or the adoption of other remedial measures to prevent, control, or abate water pollution; or (iii) prohibiting any other violation of this chapter or rules made under this chapter; (e) review plans, specifications, or other data relative to pollution control systems or any part of the systems provided for in this chapter; (f) issue construction or operating permits for the installation or modification of treatment works or any parts of the treatment works; (g) after public notice and opportunity for public hearing, issue, continue in effect, renew, revoke, modify, or deny discharge permits under reasonable conditions the board may prescribe to: (i) control the management of sewage sludge; or (ii) prevent or control the discharge of pollutants, including effluent limitations for the discharge of wastes into the waters of the state; (h) meet the requirements of federal law related to water pollution; (i) under the direction of the executive director, represent the state in all matters pertaining to water pollution, including interstate compacts and other similar agreements; (j) collect and disseminate information relating to water pollution and the prevention, control, and abatement of water pollution; (k) subject to Subsections 19-5-104(3)(g) and (h), settle or compromise any civil action initiated by the division to compel compliance with this chapter or the rules made under this chapter; and (l) (i) approve, approve in part, approve with conditions, or deny, in writing, an application for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act; and (ii) issue an operating permit for water reuse under Title 73, Chapter 3c, Wastewater Reuse Act. (3) The director may: (a) employ full-time employees as necessary to carry out the provisions of this chapter; (b) subject to the provisions of this chapter, authorize any employee or representative of the department to enter, at reasonable times and upon reasonable notice, in or upon public or private property for the purposes of inspecting and investigating conditions and plant records concerning possible water pollution; (c) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution and causes of water pollution as necessary for the discharge of duties assigned under this chapter, including the establishment of inventories of pollution sources; (d) collect and disseminate information relating to water pollution and the prevention, control, and abatement of water pollution; (e) subject to the provisions of this chapter, exercise all incidental powers necessary to carry out the purposes of this chapter, including certification to any state or federal authorities for tax purposes only if the construction, installation, or acquisition of any facility, land, building, machinery, equipment, or any part of them conforms with this chapter; (f) cooperate with any person in studies and research regarding water pollution and its control, abatement, and prevention; (g) encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to water pollution and causes of water pollution; or (h) as authorized by the board and subject to the provisions of this chapter, act as executive secretary of the board under the direction of the chairman of the board.
Utah Code § 19-15-201 — Utah Code / Title 19 / Chapter 19-15 / § 19-15-201
§ 19-15-201. Department permitting authority -- Application requirements.
Status: in_force

(1) For any permit required under this title, the department and the department's divisions with permitting authorities described in the following chapters shall act as the permitting authorities for a midstream facility: (a) Chapter 2, Air Conservation Act; (b) Chapter 2a, Air Quality - Special Provisions; (c) Chapter 3, Radiation Control Act; (d) Chapter 4, Safe Drinking Water Act; (e) Chapter 5, Water Quality Act; (f) Chapter 6, Hazardous Substances; and (g) Chapter 7, Environmental Self-Evaluation Act. (2) The department and the department's divisions described in Subsection (1) shall coordinate with the Governor's Office of Economic Opportunity for permitting coordination across agencies and divisions. (3) A permit application for a midstream facility shall include: (a) a detailed description of the proposed midstream facility; (b) environmental and safety assessments as required by applicable law; (c) evidence of financial capacity to complete the project; and (d) other information the division directors with permitting authorities described in Subsection (1) determine necessary to evaluate the application. (4) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing: (a) the form and process for submitting an application; and (b) additional application requirements for each of the department's permitting divisions applicable to the project. (5) The department and the department's divisions may charge a fee for review of a midstream facility consistent with existing fee authorities under this title. (6) Nothing in this section alters the jurisdiction or authority of the department and the department's divisions permitting authorities or creates a presumption that a division is required to issue or approve a permit. (7) Nothing in this section or in the coordination duties of the Governor's Office of Economic Opportunity described in Subsection (2) limits, alters, or supersedes the authority of the Board of Oil, Gas, and Mining or the Division of Oil, Gas, and Mining to regulate oil and gas operations, including the fostering and promotion of natural resource development under Title 40, Mines and Mining.
Utah Code § 19-6-202 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-202
§ 19-6-202. 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) "Disposal" means the final disposition of hazardous wastes into or onto the lands, waters, and air of this state. (3) "Hazardous wastes" means hazardous waste as defined in Section 19-6-102. (4) "Hazardous waste treatment, disposal, and storage facility" means a facility or site used or intended to be used for the treatment, storage, or disposal of hazardous waste materials, including physical, chemical, or thermal processing systems, incinerators, and secure landfills. (5) "Site" means land used for the treatment, disposal, or storage of hazardous wastes. (6) "Siting plan" means the state hazardous waste facilities siting plan adopted by the board pursuant to Sections 19-6-204 and 19-6-205. (7) "Storage" means the containment of hazardous wastes for a period of more than 90 days. (8) "Treatment" means any method, technique, or process designed to change the physical, chemical, or biological character or composition of any hazardous waste to neutralize or render it nonhazardous, safer for transport, amenable to recovery or storage, convertible to another usable material, or reduced in volume and suitable for ultimate disposal.
Utah Code § 19-1-602 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-602
§ 19-1-602. Definitions.
Status: in_force

As used in this part: (1) "Environmental mitigation" means an action or activity intended to remedy, reduce, or offset known negative impacts to the environment. (2) "Environmental response action" means action taken to prevent, eliminate, minimize, investigate, monitor, clean up, or remove contaminants in the environment. (3) "Financial assurance" means a mechanism or instrument intended to provide funds if necessary to the department to conduct closure, monitoring, or cleanup of a specific facility or site in accordance with the applicable environmental requirements provided in this title. (4) "Funding source" means an individual or entity that provides a monetary contribution to the Environmental Mitigation and Response Fund. (5) "Natural resource damage" means damages to land, fish, wildlife, biota, air, water, ground water, drinking water supplies, and other resources that are held in trust for the public or otherwise controlled by the United States, the state, or local government. (6) "Unused funds" means the remaining funds from a specific funding source following the complete implementation of the environmental mitigation or response actions pursuant to the terms and conditions of the contribution.
Utah Code § 19-3-103.1 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-103.1
§ 19-3-103.1. Board authority and duties under this part.
Status: in_force

(1) The board may: (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to implement this part; (b) (i) hold a hearing that is not an adjudicative proceeding; or (ii) appoint a hearing officer to conduct a hearing that is not an adjudicative proceeding; (c) accept, receive, and administer grants or other money or gifts from public and private agencies, including the federal government, for the purpose of carrying out any function of this chapter; (d) order the director to impound radioactive material in accordance with Section 19-3-111; or (e) advise, consult, cooperate with, or provide technical assistance to another agency of the state or federal government, another state, an interstate agency, an affected group, an affected political subdivision, an affected industry, or other person in carrying out the purposes of this part. (2) The board shall: (a) promote the planning and application of pollution prevention and radioactive waste minimization measures to prevent the unnecessary waste and depletion of natural resources; (b) to ensure compliance with applicable statutes and rules: (i) review a settlement negotiated by the director in accordance with Subsection 19-3-108.1(2)(c) that requires a civil penalty equal to or greater than $25,000; and (ii) approve or disapprove the settlement described in Subsection (2)(b)(i); and (c) review the qualifications of, and issue certificates of approval to, individuals who: (i) survey mammography equipment; or (ii) oversee quality assurance practices at mammography facilities. (3) The board may not issue, amend, renew, modify, revoke, or terminate any of the following that are subject to the authority granted to the director under Section 19-3-108.1: (a) a permit; (b) a license; (c) a registration; (d) a certification; or (e) another administrative authorization made by the director.
Utah Code § 19-5-105.5 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-105.5
§ 19-5-105.5. Agriculture water.
Status: in_force

(1) (a) The board shall draft any rules relating to agriculture water in cooperation with the commission. (b) The commission shall advise the board before the board may adopt a rule relating to agriculture water. (2) A program or rule adopted by the board for agriculture production or irrigation water shall: (a) be consistent with the federal Clean Water Act; and (b) if possible, be developed in a voluntary cooperative program with the agriculture producer associations and the commission. (3) (a) The board's authority to regulate a discharge is subject to Subsection (3)(b) relating to an agriculture discharge. (b) (i) A person responsible for an agriculture discharge shall mitigate the resulting damage in a reasonable manner, as approved by the director after consulting with the commission chair. (ii) A penalty imposed on an agriculture discharge shall be consistent with the penalty policy described in Section 19-5-115 and associated rules, as determined by the director in consultation with the commission chair. (iii) An agriculture producer may not be held liable for an agriculture discharge resulting from a large weather event if the agriculture producer has taken reasonable measures, as the board defines by rule, to prevent an agriculture discharge.
Utah Code § 19-1-502 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-502
§ 19-1-502. Definitions.
Status: in_force

(1) "Bittering agent" means an aversive agent that renders engine coolant unpalatable. (2) "Engine coolant" means: (a) a substance or preparation, regardless of its origin, used as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system; or (b) a product that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.
Utah Code § 19-2a-105 — Utah Code / Title 19 / Chapter 19-2a / § 19-2a-105
§ 19-2a-105. Prescribed fires, pile burns, and nonfull suppression events.
Status: in_force

(1) As used in this section: (a) "Board" means the Air Quality Board. (b) "Burn plan" means the plan required for each fire application ignited by a land manager. (c) "Burn window" means the period of time during which the prescribed fire is scheduled for ignition. (d) "Director" means the director of the division. (e) "Division" means the Division of Air Quality created in Section 19-1-105. (f) "Exceptional event" means one or more prescribed burning or pile burning events and the resulting emissions that affect air quality in such a way that there exists a clear causal relationship between the specific event and the monitored exceedance or violation. (g) "Land manager" means a person who administers, directs, oversees, or controls the use of public or private land, including the application of fire to the land. (h) "Large prescribed fire" means a fire that a land manager ignites to meet a specific objective, including a resource benefit that covers 20 acres or more per burn. (i) "Large prescribed pile fire" means a fire that a land manager ignites to meet a specific objective, including a resource benefit, that exceeds 30,000 cubic feet per day. (j) "Nonfull suppression event" means a naturally ignited wildland fire for which a land manager secures less than full suppression to accomplish a specific prestated resource management objective in a predefined geographic area. (k) "Pile burning" means a fire or fires that a land manager ignites for fuel mitigation designed to reduce the risk of catastrophic fire, improve ecological health, and prevent dangerous wildfires by burning piled or scattered leaves, pine needles, downed trees, natural woody debris, thick vegetation, or similar organic material left behind after logging or other forest treatments. (l) "Prescribed burning" means the planned and controlled burning of plant material in order to minimize the risk of catastrophic wildfire or to meet specific land management objectives. (m) "Wildland" means an area in which development is essentially nonexistent other than the existence of a pipeline, power line, road, railroad, or other transportation or conveyance facility or one or more structures that are widely scattered. (2) (a) The division may not permit a land manager to conduct a large prescribed fire or large prescribed pile fire if the land manager does not comply with the rules made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) In the rules made by the board under this Subsection (2), the board shall require the land manager to: (i) describe the use of a state, county, or municipal resource in the large prescribed fire or large prescribed pile fire; (ii) provide the division the burn plan for a large prescribed fire or large prescribed pile fire by no later than one week before the day of the burn window; and (iii) notify the division of a nonfull suppression event once a fire becomes a nonfull suppression event. (3) The director shall approve a prescribed burning or pile burning in wildland areas and the prescribed burning or pile burning may be conducted under the following conditions: (a) the United States National Weather Service clearing index in the area of the burn is 500 or greater; (b) the United States National Weather Service clearing index in the area of the burn is less than 500, and to maximize the opportunities for prescribed burning or pile burning the director approves a prescribed burning or pile burning after the land manager demonstrates to the director that the planned prescribed burning or pile burning will: (i) not cause an exceedance of a national ambient air quality standard outside the wildland area; (ii) minimize the long range transport of smoke; and (iii) protect visibility in mandatory federal class 1 areas; or (c) the United States National Weather Service clearing index in the burn area is less than 500 and the prescribed burning or pile burning may cause an exceedance of a national ambient air quality standard outside the wildland area if the land manager demonstrates to the director that the prescribed burning or pile burning fuel conditions are optimal to: (i) protect safety of the public and fire staff; (ii) minimize the risk of catastrophic fire; (iii) achieve necessary watershed and ecological conditions; and (iv) establish, restore, or maintain a sustainable and resilient wildland ecosystem or to preserve endangered or threatened species through a program of prescribed burning or pile burning. (4) The director shall approve a prescribed burning or pile burning to reduce hazardous fuels for public safety in areas not defined as wildland and the prescribed burning or pile burning may be conducted under the following conditions: (a) the United States National Weather Service clearing index in the area of the burn is 500 or greater; or (b) the United States National Weather Service clearing index in the area of the burn is less than 500, and to maximize the opportunities for prescribed burning or pile burning the director approves a prescribed burning or pile burning after the land manager: (i) provides a demonstration that includes an assessment of the impact to local receptors; (ii) implements measures to notify residents; and (iii) minimizes residents exposure to smoke. (5) The director shall approve a prescribed burning or pile burning for resource management purposes in areas not defined as wildland and the prescribed burning or pile burning may be conducted under the following conditions: (a) the United States National Weather Service clearing index in the area of the burn is 500 or greater; or (b) the United States National Weather Service clearing index in the area of the burn is less than 500, and to maximize the opportunities for prescribed burning or pile burning the director approves a prescribed burning or pile burning after the land manager demonstrates that the planned prescribed burning or pile burning will: (i) not cause an exceedance of a national ambient air quality standard; (ii) minimize the long range transport of smoke; and (iii) protect visibility in mandatory federal class 1 areas. (6) The division shall make the necessary filings with the United States Environmental Protection Agency if a prescribed burning or pile burning approved by the director results in an exceptional event.
Utah Code § 19-6-404 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-404
§ 19-6-404. Powers and duties of director.
Status: in_force

(1) The director shall: (a) administer the petroleum storage tank program established in this part; and (b) as authorized by the board and subject to the provisions of this part, act as executive secretary of the board under the direction of the chairman of the board. (2) As necessary to meet the requirements or carry out the purposes of this part, the director may: (a) advise, consult, and cooperate with other persons; (b) employ persons; (c) authorize a certified employee or a certified representative of the department to conduct facility inspections and reviews of records required to be kept by this part and by rules made under this part; (d) encourage, participate in, or conduct studies, investigation, research, and demonstrations; (e) collect and disseminate information; (f) enforce rules made by the board and any requirement in this part by issuing notices and orders; (g) review plans, specifications, or other data; (h) under the direction of the executive director, represent the state in matters pertaining to interstate petroleum storage tank management and control, including entering into interstate compacts and other similar agreements; (i) enter into contracts or agreements with political subdivisions for the performance of any of the department's responsibilities under this part if: (i) the contract or agreement is not prohibited by state or federal law and will not result in a loss of federal funding; and (ii) the director determines that: (A) the political subdivision is willing and able to satisfactorily discharge its responsibilities under the contract or agreement; and (B) the contract or agreement will be practical and effective; (j) take any necessary enforcement action authorized under this part, including filing a lien against the real property, which is subject to cleanup and is owned by a responsible party, for the costs of abatement, investigative and corrective actions taken by the agency, if necessary, and depositing any funds received into the Petroleum Storage Tank Cleanup Fund created in Section 19-6-405.7; (k) require an owner or operator of a petroleum storage tank to: (i) furnish information or records relating to the tank, its equipment, and contents; (ii) monitor, inspect, test, or sample the tank, its contents, and any surrounding soils, air, or water; or (iii) provide access to the tank at reasonable times; (l) take any abatement, investigative, or corrective action as authorized in this part; or (m) enter into agreements or issue orders to apportion percentages of liability of responsible parties under Section 19-6-424.5.
Utah Code § 19-6-313 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-313
§ 19-6-313. Priority of other statutes.
Status: in_force

The executive director may not spend fund money or take action under authority of Sections 19-6-314 through 19-6-320 to address hazardous substances on any facility listed on the hazardous substances priority list if the facility can be cleaned up under any other state statute.
Utah Code § 19-6-322 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-322
§ 19-6-322. Cooperative agreements with federal government -- Legislative findings.
Status: in_force

Due to the enactment of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, PL 96-510, and recognizing the applicability of that act to the unauthorized or accidental discharge of hazardous substances or to inactive hazardous waste sites in the state of Utah, the Legislature finds and declares it to be in the public interest to enter into agreements with the federal Environmental Protection Agency to undertake activities and perform remedial and removal actions as provided by PL 96-510, to protect the public health, safety, and welfare.
Utah Code § 19-13-111 — Utah Code / Title 19 / Chapter 19-13 / § 19-13-111
§ 19-13-111. Annual report.
Status: in_force

(1) A county or municipality designated as a recycling market development zone shall report by no later than July 31 of each year to the department regarding the economic activity that has occurred in the zone following the designation. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules providing for the form and content of the annual reports.
Utah Code § 19-3-313 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-313
§ 19-3-313. Reciprocity.
Status: in_force

Waste may not be transported into and transferred, stored, decayed in storage, treated, or disposed of in the state if the state of origin of the waste or the state in which the waste was generated prohibits or limits similar actions within its own boundaries.
Utah Code § 19-5-112 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-112
§ 19-5-112. Hearings conducted by an administrative law judge -- Decisions on denial or revocation of permit conducted by executive director.
Status: in_force

(1) Except as provided by Subsection (2), an administrative law judge shall conduct hearings authorized by Section 19-5-111 in accordance with Section 19-1-301. (2) (a) An administrative law judge shall conduct, on the executive director's behalf, a hearing regarding an appeal of a permit decision for which the state has assumed primacy under the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq. (b) The decision of the executive director is final and binding on all parties unless stayed or overturned on appeal.
Utah Code § 19-12-303 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-303
§ 19-12-303. Certification of pollution control facility or freestanding pollution control property.
Status: in_force

(1) The director shall issue a written certification to a person no later than 120 days after the date the person files an application under Section 19-12-301 or 19-12-302 if the director determines that: (a) for a pollution control facility: (i) the application meets the requirements of Subsection 19-12-301(3); (ii) the facility that is the subject of the application is a pollution control facility; (iii) the person who files the application is a person described in Subsection 19-12-301(1); and (iv) the purchases or leases for which the person seeks to claim a sales and use tax exemption are exempt under Section 19-12-201; or (b) for freestanding pollution control property: (i) the application meets the requirements of Subsection 19-12-302(2); (ii) the property that is the subject of the application is freestanding pollution control property; (iii) the person who files the application is a person described in Subsection 19-12-302(1); and (iv) the purchases or leases for which the person seeks to claim a sales and use tax exemption are exempt under Section 19-12-201. (2) If the director denies certification under this section to a person who files an application, the director shall provide a written statement of the reason for the denial to the person no later than 120 days after the date the person files the application. (3) The director may not require the certification of: (a) a replacement of freestanding pollution control property; or (b) property, a part, a product, or a service described in Subsections 19-12-201(1)(b) through (e) used or performed in a repair or replacement related to: (i) a pollution control facility; or (ii) freestanding pollution control property. (4) The director may issue one certification under this section of two or more: (a) pollution control facilities that constitute an operational unit; or (b) freestanding pollution control properties that constitute an operational unit. (5) If the director does not issue or deny a certification under this section within 120 days after the date a person files an application, the director shall issue a certification to the person at the person's request.
Utah Code § 19-6-710 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-710
§ 19-6-710. Registration and permitting of used oil handlers.
Status: in_force

(1) (a) A person may not operate a DIYer used oil collection center or used oil collection center without holding a registration number issued by the director. (b) The application for registration shall include the following information regarding the DIYer used oil collection center or used oil collection center: (i) the name and address of the operator; (ii) the location of the center; (iii) whether the center will accept DIYer used oil; (iv) the type of containment or storage to be used; (v) the status of business, zoning, and other applicable licenses and permits required by federal, state, and local governmental entities; (vi) emergency spill containment plan; (vii) proof of liability insurance or other means of financial responsibility in an amount determined by board rule for any liability that may be incurred in collecting or storing the used oil, unless waived by the board; and (viii) any other information the director finds necessary to ensure the safe handling of used oil. (c) The owner or operator of the center shall notify the director in writing of any changes in the information submitted to apply for registration within 20 days of the change. (d) To be reimbursed under Section 19-6-717 for collected DIYer used oil, the operator of the DIYer used oil collection center shall maintain and submit to the director records of volumes of DIYer used oil picked up by a permitted used oil transporter, the dates of pickup, and the name and federal EPA identification number of the transporter. (2) (a) A person may not act as a used oil transporter or operate a transfer facility without holding a permit issued by the director. (b) The application for a permit shall include the following information regarding acting as a transporter or operating a transfer facility: (i) the name and address of the operator; (ii) the location of the transporter's base of operations or the location of the transfer facility; (iii) maps of all transfer facilities; (iv) the methods to be used for collecting, storing, and delivering used oil; (v) the methods to be used to determine if used oil received by the transporter or facility is on-specification or off-specification; (vi) the type of containment or storage to be used; (vii) the methods of disposing of the waste by-products; (viii) the status of business, zoning, and other applicable licenses and permits required by federal, state, and local government entities; (ix) emergency spill containment plan; (x) proof of liability insurance or other means of financial responsibility in an amount determined by board rule for any liability that may be incurred in collecting, transporting, or storing the used oil; (xi) proof of form and amount of reclamation surety for any facility used in conjunction with transportation or storage of used oil; and (xii) any other information the director finds necessary to ensure the safe handling of used oil. (c) The owner or operator of the facility shall notify the director in writing of any changes in the information submitted to apply for a permit within 20 days of the change. (3) (a) A person may not operate a used oil processing or rerefining facility without holding a permit issued by the director. (b) The application for a permit shall include the following information regarding the used oil processing or rerefining facility: (i) the name and address of the operator; (ii) the location of the facility; (iii) a map of the facility; (iv) methods to be used to determine if used oil is on-specification or off-specification; (v) the type of containment or storage to be used; (vi) the grades of oil to be produced; (vii) the methods of disposing of the waste by-products; (viii) the status of business, zoning, and other applicable licenses and permits required by federal, state, and local governmental entities; (ix) emergency spill containment plan; (x) proof of liability insurance or other means of financial responsibility in an amount determined by board rule for any liability that may be incurred in processing or rerefining used oil; (xi) proof of form and amount of reclamation surety; and (xii) any other information the director finds necessary to ensure the safe handling of used oil. (c) The owner or operator of the facility shall notify the director in writing of any changes in the information submitted to apply for a permit within 20 days of the change. (4) (a) A person may not act as a used oil fuel marketer without holding a registration number issued by the director. (b) The application for a registration number shall include the following information regarding acting as a used oil fuel marketer: (i) the name and address of the marketer; (ii) the location of any facilities used by the marketer to collect, transport, process, or store used oil subject to separate permits under this part; (iii) the status of business, zoning, and other applicable licenses and permits required by federal, state, and local governmental entities, including any registrations or permits required under this part to collect, process, transport, or store used oil; and (iv) any other information the director finds necessary to ensure the safe handling of used oil. (c) The owner or operator of the facility shall notify the director in writing of any changes in the information submitted to apply for a permit within 20 days of the change. (5) (a) Unless exempted under Subsection 19-6-708(2), a person may not burn used oil for energy recovery without holding a permit issued by the director or an authorization from the department. (b) The application for a permit shall include the following information regarding the used oil burning facility: (i) the name and address of the operator; (ii) the location of the facility; (iii) methods to be used to determine if used oil is on-specification or off-specification; (iv) the type of containment or storage to be used; (v) the type of burner to be used; (vi) the methods of disposing of the waste by-products; (vii) the status of business, zoning, and other applicable licenses and permits required by federal, state, and local governmental entities; (viii) emergency spill containment plan; (ix) proof of liability insurance or other means of financial responsibility in an amount determined by board rule for any liability that may be incurred in processing or rerefining used oil; (x) proof of form and amount of reclamation surety for any facility receiving and burning used oil; and (xi) any other information the director finds necessary to ensure the safe handling of used oil. (c) The owner or operator of the facility shall notify the director in writing of any changes in the information submitted to apply for a permit within 20 days of the change.
Utah Code § 19-10-106 — Utah Code / Title 19 / Chapter 19-10 / § 19-10-106
§ 19-10-106. Enforcement and inspection regarding institutional controls.
Status: in_force

(1) An environmental institutional control may be enforced or protected by a temporary restraining order or an injunction obtained in a court of competent jurisdiction by the department or other affected parties. (2) In addition to injunctive relief, the department is entitled to recover costs for actions which, in its discretion, it may take in enforcing and protecting the institutional controls. (3) The department may enter the property at reasonable times to ensure compliance with the environmental institutional controls.
Utah Code § 19-6-1203 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1203
§ 19-6-1203. Reporting requirements.
Status: in_force

(1) A manufacturer may not offer a consumer electronic device for sale in the state unless the manufacturer, either individually, through a group manufacturer organization, or through the manufacturer's industry trade group, prepares and submits, subject to Subsection (2), a report on or before August 1 of each year to the department. (2) The report required under Subsection (1): (a) shall include a list of eligible programs, subject to Subsection (3); and (b) may include: (i) an existing collection, transportation, or recycling system for a consumer electronic device; and (ii) an eligible program offered by: (A) a consumer electronic device recycler; (B) a consumer electronic device repair shop; (C) a recycler of other commodities; (D) a reuse organization; (E) a not-for-profit corporation; (F) a retailer; or (G) another similar operation, including a local government collection event. (3) The list required in Subsection (2)(a) may be in the form of a geographic map identifying the type and location of an eligible program.
Utah Code § 19-1-309 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-309
§ 19-1-309. Expedited permit review process -- Requirements for qualified reviewer -- Rulemaking.
Status: in_force

(1) As used in this section: (a) "Eligible permit" means a permit: (i) enforced by the department; and (ii) identified for expedited review in department rule under Subsection (7)(a). (b) "Expedited review" means a review of an eligible permit that: (i) is performed by a qualified reviewer; (ii) is completed within the number of days established by department rule under Subsection (7)(d); and (iii) concludes with the issuance of a preliminary permit decision. (c) "Permit" means any of the following issued under this title: (i) a permit; (ii) a plan; (iii) a license; or (iv) an administrative authorization made by a director. (d) "Preliminary permit decision" means a recommendation to the department by a qualified reviewer under expedited review to: (i) approve a permit application for final technical review and approval; (ii) deny a permit application; or (iii) return the permit application to the applicant with a description of the permit application's deficiencies. (e) "Qualified reviewer" means a professional engineer, land surveyor, geologist, landscape architect, or other licensed professional certified by the department to review an application for an eligible permit under this section. (2) (a) The department may certify a qualified reviewer to perform an expedited review of an eligible permit. (b) The department may certify an individual as a qualified reviewer of an eligible permit if the individual meets the following requirements: (i) holds an active professional license in a field related to the eligible permit; (ii) has at least five years of environmental permitting experience; (iii) has not been convicted of, or pleaded guilty to: (A) an environmental crime, or a similar or related criminal offense under federal or state law; or (B) a crime involving fraud, theft by deception, forgery, or a similar or related criminal offense under federal or state law; (iv) has not had a professional license revoked or suspended by a national or state licensing board within the previous 10 years; and (v) any other requirement established by the department. (3) (a) An applicant for an eligible permit may request an expedited review of the applicant's permit application. (b) An applicant that requests expedited review shall, in a form and manner determined by the department: (i) submit a written request to the department for an expedited review of the applicant's permit application; (ii) pay all costs associated with the expedited review; and (iii) submit a completed application to a qualified reviewer. (4) (a) The department may establish a process for a qualified reviewer to complete an expedited review of a permit application for an eligible permit. (b) A qualified reviewer shall perform an expedited review: (i) subject to all standards, technical specifications, scope of review, and other requirements as determined by the department; (ii) on a timeline established by the department; and (iii) in accordance with all applicable federal and state laws and regulations. (c) A qualified reviewer may not perform an expedited review for an applicant of an eligible permit if the qualified reviewer: (i) has performed services for the applicant within three years of the date of submission of the permit application; or (ii) has any financial or business interest with the applicant. (d) A qualified reviewer shall submit a preliminary permit decision to the department at the completion of an expedited review, including: (i) an analysis of the basis for the recommendation; and (ii) supporting documentation, as determined by the department. (5) (a) The department shall conduct a final technical review and make a final administrative decision for a permit application upon completion of an expedited review. (b) To make a final administrative decision on a permit application, the department shall: (i) review a preliminary permit decision for the permit application; (ii) conduct a final technical review of the permit application; and (iii) (A) approve the permit application; (B) deny the permit application; or (C) return the permit application to the applicant with a description of the permit application's deficiencies. (6) Except as otherwise provided in this title, a permit applicant may appeal the department's final administrative decision as provided in Section 19-1-301.5. (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to establish: (a) the requirements for identifying a permit as an eligible permit; (b) the requirements for expedited review; (c) the requirements for certifying a qualified reviewer; (d) the maximum number of days for a qualified reviewer to complete an expedited review; (e) the maximum number of days for the department to make a final administrative decision upon completion of an expedited review; and (f) public comment requirements in accordance with federal and state law.
Utah Code § 19-3-106 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-106
§ 19-3-106. Fee for commercial radioactive waste disposal or treatment.
Status: in_force

(1) (a) An owner or operator of a commercial radioactive waste treatment or disposal facility that receives radioactive waste shall pay a fee as provided in Subsection (1)(b). (b) (i) On or after July 1, 2011, the fee shall be established by the department in accordance with Section 63J-1-504. (ii) In the development of a fee schedule prepared under Subsection (1)(b)(i), the department may conduct by no later than July 1, 2011, a review of the program costs and indirect costs of regulating radioactive waste in the state. (iii) In addition to the process required by Section 63J-1-504, the department shall establish a fee that: (A) is a flat fee, not based on the amount of waste treated or disposed of; (B) provides for reasonable and timely oversight of radioactive waste by the department; and (C) adequately meets the needs of industry and the department, including allowing for the department to employ qualified personnel to appropriately oversee industry regulation. (2) (a) The owner or operator shall remit the fees imposed under this section to the department on or before the 15th day of the month following the month in which the fee accrued. (b) The department shall deposit the fees received under this section into the Environmental Quality Restricted Account created in Section 19-1-108. (3) (a) The annual fee required under Subsection (1)(a) shall be reduced by the amount paid in tax annually by the owner or operator under Section 59-24-103.5. (b) Beginning June 2018, the State Tax Commission shall provide annually on or before June 1 the tax information described in Subsection 59-1-403(4)(v) indicating the amount of tax paid for the previous calendar year under Section 59-24-103.5. (c) The department shall apply the tax amount established in Subsection (3)(b) to reduce the fee paid during the upcoming fiscal year, beginning fiscal year 2019, by the owner or operator under Subsection (1)(a). (4) The Legislature shall appropriate the fully burdened cost as determined by the annual fee set under Subsection (1)(b) to the Environmental Quality Restricted Account created in Section 19-1-108 from the General Fund for the regulation of radioactive waste treatment and disposal. (5) If the Legislature fails to appropriate adequate funds to cover the fully burdened cost as determined by the annual fee set under Subsection (1)(b), the owner or operator shall pay the balance. (6) Radioactive waste that is subject to a fee under this section is not subject to a fee under Section 19-6-119.
Utah Code § 19-6-426 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-426
§ 19-6-426. Limitation of liability of state -- Liability of responsible parties -- Indemnification agreement involving responsible parties.
Status: in_force

(1) This part does not create an insurance program. (2) The fund established in this part shall only provide funds to finance costs for responsible parties who meet the requirements of this part when releases from petroleum storage tanks occur. (3) The assets of the fund, if any, are the sole source of money to pay claims against the fund. (4) The state is not liable for: (a) any amounts payable from the fund for which the fund does not have sufficient assets; (b) any expenses or debts of the fund; or (c) any claim arising from the creation, management, rate-setting, or any other activity pertaining to the fund. (5) The responsible parties are liable for any costs associated with any release from the petroleum storage tank system. (6) This part does not preclude a responsible party from enforcing or recovering under any agreement or contract for indemnification associated with a release from the tank or from pursuing any other legal remedies that may be available against any party. (7) If any payment is made under this part, the fund shall be subrogated to all the responsible parties' rights of recovery against any person and the responsible parties shall execute and deliver instruments and papers and do whatever else is necessary to secure the rights. The responsible parties shall do nothing after a release is discovered to prejudice the rights. In the event of recovery by the fund, any amount recovered shall first be used to reimburse the responsible parties for costs they are required to pay pursuant to Section 19-6-419. (8) Parties who elect to participate in the fund do so subject to the conditions and limitations in this section and in this part.
Utah Code § 19-6-721.1 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-721.1
§ 19-6-721.1. Notice of violations -- Order for correction -- Civil action to enforce.
Status: in_force

(1) Whenever the director determines that a person is in violation of an applicable approved used oil operation permit, 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 permit, 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.
Utah Code § 19-12-202 — Utah Code / Title 19 / Chapter 19-12 / § 19-12-202
§ 19-12-202. Certification required before claiming a sales and use tax exemption.
Status: in_force

(1) Before a person may claim a sales and use tax exemption under Section 19-12-201, the person shall obtain certification issued in accordance with Section 19-12-303. (2) Except as provided in Subsection (4), for purposes of Subsection (1), if a certification relates to air pollution: (a) a person shall submit an application under Section 19-12-301 or 19-12-302 to the director of the Division of Air Quality; and (b) the director of the Division of Air Quality shall perform the duties described in: (i) Section 19-12-303 related to certification; and (ii) Section 19-12-304 related to revocation of certification. (3) Except as provided in Subsection (4), for purposes of Subsection (1), if a certification relates to water pollution: (a) a person shall submit an application under Section 19-12-301 or 19-12-302 to the director of the Division of Water Quality; and (b) the director of the Division of Water Quality shall perform the duties described in: (i) Section 19-12-303 related to certification; and (ii) Section 19-12-304 related to revocation of certification. (4) For purposes of Subsection (1), if a certification relates to property within the jurisdiction of the Board of Oil, Gas, and Mining under Section 40-6-5: (a) a person shall submit an application under Section 19-12-301 or 19-12-302 to the director of the Division of Oil, Gas, and Mining; and (b) the director of the Division of Oil, Gas, and Mining shall perform the duties described in: (i) Section 19-12-303 related to certification; and (ii) Section 19-12-304 related to revocation of certification.
Utah Code § 19-6-816 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-816
§ 19-6-816. Limitations on reimbursement.
Status: in_force

(1) The costs reimbursed under this part may not exceed the money in the fund. (2) If applications for reimbursement under Section 19-6-809, 19-6-811, or 19-6-812 during any month exceed the money in the fund, the Division of Finance shall prorate the amount of all claims for reimbursement for the month and defer payment of the remainder. (3) The amount remaining unpaid on a claim for reimbursement shall be treated as a new application for reimbursement in the next succeeding month until the unpaid amount is $500 or less, at which time the balance of the claim shall be paid in full.
Utah Code § 19-6-821 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-821
§ 19-6-821. Violations -- Civil proceedings and penalties -- Orders -- Reimbursement for expenses.
Status: in_force

(1) A person who violates any provision of this part or any order, permit, plan approval, or rule issued or adopted under this part is subject to a civil penalty of not more than $10,000 per day for each day of violation as determined in a civil hearing under Title 63G, Chapter 4, Administrative Procedures Act, except: (a) any violation of Subsection 19-6-804(1), (3), or (4) is subject to the penalty under Subsection 19-6-804(5) rather than the penalties under this section; and (b) any violation of Subsection 19-6-808(1), (2), or (3) regarding payment of the recycling fee by the tire retailer is subject to penalties as provided in Subsection 19-6-808(4) rather than the penalties under this section. (2) The director may bring an action in the name of the state to restrain a person from continuing a violation of this part and to require the person to perform necessary remediation regarding a violation of this part. (3) When the director finds a situation exists in violation of this part that presents an immediate threat to the public health or welfare, the director may issue an emergency order under Title 63G, Chapter 4, Administrative Procedures Act. (4) The director may revoke the registration of a waste tire recycler or transporter who violates any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part. (5) The director may revoke the tire storage permit for a storage facility that is in violation of any provision of this part or any order, plan approval, permit, or rule issued or adopted under this part. (6) If a person has been convicted of violating a provision of this part prior to a finding by the director of a violation of the same provision in an administrative hearing, the director may not assess a civil monetary penalty under this section for the same offense for which the conviction was obtained. (7) 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 under this section into the fund.
Utah Code § 19-6-405.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-405.5
§ 19-6-405.5. Creation of restricted account.
Status: in_force

(1) There is created in the General Fund a restricted account known as the "Petroleum Storage Tank Restricted Account," which for purposes of this section is referred to as the "account." (2) The penalties and interest imposed under this part shall be deposited into this account, except as provided in Section 19-6-410.5. Specified program money under this part that is unexpended at the end of the fiscal year lapses into this account. (3) The account shall earn interest, which shall be deposited into the account. (4) The Legislature shall appropriate the money in the account to the department for the costs of administering the petroleum storage tank program under this part.
Utah Code § 19-6-302.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-302.5
§ 19-6-302.5. Retroactive effect.
Status: in_force

(1) The Legislature finds the language in this part, prior to the passage of this act, did not clearly set forth procedures for identifying responsible parties and allocating among those parties response costs at sites where hazardous substances or materials have been released. This lack of clarity has interfered with effective allocation of costs of cleanup as required by this part. (2) It is the intent of the Legislature that this act provides clarification of the Legislature's original intent to facilitate cleanups of hazardous substances or materials by providing clarification of procedures for allocating liability and response costs. (3) (a) It is the intent of the Legislature that liability as determined under this act applies retroactively to any release of a hazardous substance or material subject to or currently in the process of investigation, abatement, or corrective action under this part as of the effective date of this act. (b) Any responsible party whose liability for cleanup costs is absolved or altered by the provisions of this act is subject only to further costs or action as required by this part.
Utah Code § 19-5-108.3 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-108.3
§ 19-5-108.3. Construction site storm water runoff control.
Status: in_force

(1) As used in this section: (a) (i) "Applicant" means a person that applies for an authorization to discharge under a construction storm water permit to conduct or propose to conduct a use of land for a construction site. (ii) "Applicant" includes a person granted an authorization to discharge under a construction storm water permit once the authorization has been granted. (b) "Application" means a construction storm water permit application. (c) "Authority" means the Division of Water Quality or a municipal system authority. (d) "Best management practice" means the methods, measures, or practices in compliance with 40 C.F.R. Part 450. (e) "Construction storm water permit" means a permit required for soil disturbances where the construction activity causes a soil disturbance of: (i) an acre or more; or (ii) less than an acre if the application is part of a common plan of development or sale. (f) "Electronic site inspection" means geo-located and time-stamped photographs the applicant takes, evaluates, and submits electronically to the authority. (g) "Immediate threat" means contaminants are entering a river, a stream, or a lake. (h) "Imminent threat" means contaminants are anticipated to be discharged into a river, a stream, or a lake within 48 hours. (i) "Municipal system authority" means the entity that is responsible for the oversight of the municipal system. (j) "Municipal system" means a municipal separate storm sewer system described in 40 C.F.R. Sec. 122.26. (k) "Oversight inspection" means a construction site inspection performed by the authority to impose compliance with the permit. (l) "Permit" means a construction storm water permit. (m) "Prevention plan" means the storm water pollution prevention plan described in 40 C.F.R. Sec. 122.26. (n) "Program" means a program described in Subsection 19-5-104(3)(a). (o) (i) "State transportation project" means a state project on public land to construct, reconstruct, replace, improve, maintain, or preserve transportation infrastructure. (ii) "State transportation project" includes: (A) a highway; or (B) a public transit facility. (2) The authority may not make or enforce a rule, an ordinance, or a policy regarding the municipal system, more stringent than the corresponding federal regulations under the federal Clean Water Act, unless expressly permitted by state statute. (3) (a) Each authority shall determine the authority's preferred best management practices. (b) Each authority shall publish the authority's preferred best management practices on the authority's website. (4) Each authority shall: (a) maintain a list of requirements that make a complete application for a prevention plan approval; and (b) publish the list described in Subsection (4)(a) on the authority's website. (5) Except as described in Section 19-5-105, the list of requirements described in Subsection (4)(a) may not exceed the application requirements of 40 C.F.R. Part 122, Subpart B. (6) (a) To apply for a prevention plan approval with a municipal system authority, an applicant shall submit to the municipal system authority a prevention plan for review. (b) A municipal system authority has 14 business days after the day on which an applicant submits a prevention plan to review the prevention plan for compliance with local ordinances, state law, and federal law. (c) A municipal system authority may request more information, or modification to the prevention plan, if the request: (i) for more information, lists specifically why the prevention plan is noncompliant; and (ii) for modification: (A) includes citations to the permit requirements, local ordinances, state law, or federal law that require the modification to the prevention plan; and (B) is logged in an index of requested modification. (d) The municipal system authority has five business days after the day on which the applicant submits the information or modification described in Subsection (6)(b) to complete the review of the prevention plan. (e) Once the review of the prevention plan is complete, the municipal system authority shall notify the applicant, in writing, whether the authorization to discharge is granted. (7) (a) The authority: (i) shall notify the applicant, in writing, of a specific violation; (ii) shall provide the applicant a reasonable time of at least one business day to correct the specific violation; and (iii) may perform an inspection to verify that the applicant corrects the specific violation. (b) If an applicant does not correct the specific violation described in Subsection (7)(a)(i) within the timeline set under Subsection (7)(a)(ii), the authority: (i) shall issue a written warning, that the applicant has not corrected the specific violation; (ii) may impose a fine if the applicant does not correct the specific violation within no less than an additional one business day; and (iii) may perform an inspection to verify that the applicant corrected the specific violation. (c) If an applicant does not correct the specific violation for which the applicant received notice in accordance with Subsection (7)(a)(i) within the timeline set under Subsection (7)(b), the authority: (i) shall notify the applicant, in writing, that the applicant has not corrected the specific violation; and (ii) may impose an administrative fine for each occurrence as follows: (A) $500 per occurrence for working without an approved storm water permit; (B) $300 per occurrence for tracking mud on road; (C) $250 per occurrence for failure to clean up or report spills; (D) $100 per occurrence for failure to conduct storm water inspections; (E) $100 per occurrence for failure to maintain storm water records; and (F) $500 per site, per occurrence, for failure to use general best management practices, as determined by the authority; and (iii) may impose the administrative fine: (A) for each business day the specific violation continues beginning on the day after the day on which the authority issues the administrative fine; and (B) within 30 days after the day on which the applicant corrects the violation. (d) The authority shall: (i) impose each fine in writing and clearly document the specific violation in the writing; and (ii) deposit collected fines into a restricted account for education and outreach under a program. (e) Except as provided in Subsection (7)(f), the authority may not issue an order to stop construction activity for a violation if: (i) an applicant selects the preferred best management practice for the site conditions; (ii) an applicant implements and properly uses the preferred best management practices; and (iii) the violation results from a deficiency in the preferred best management practice. (f) The authority may issue an order to stop construction if the authority has a clearly documented reason articulating an immediate threat to water quality. (g) The authority may recoup the reasonable costs incurred to correct a specific violation the applicant refuses to correct after the enforcement process described in this Subsection (7) has been exhausted if the authority, at the time of clean up, determines there is an imminent threat of significant harm to water quality or the storm water system. (h) An authority may not impose a fine for any reason except as provided in Subsection (7). (8) (a) Subsections (3) through (7) do not apply to the Department of Transportation. (b) The Department of Transportation may implement financial disincentives as part of a project contract or specifications. (c) The Department of Transportation may use financial disincentives under this Subsection (8) to offset the cost of a state transportation project. (9) (a) The authority shall develop a checklist for a pre-construction prevention plan review that is consistent with the current EPA Construction General Permit. (b) The applicant, or an applicant's designee, shall participate in the pre-construction site inspections. (c) The authority may conduct a pre-construction site inspection in person or using an electronic site inspection tool. (10) (a) The authority that owns the municipal system that accepts runoff from the construction site shall inspect the construction site. (b) Each authority shall develop, publish, and implement standard operating procedures, forms, or similar types of documents for construction site inspections. (c) The applicant shall allow construction site inspections by the authority. (11) (a) Except as provided in Subsection (12), the authority shall conduct an oversight inspection through an electronic site inspection. (b) Photographs submitted for electronic site inspection shall: (i) include meta data verifying the date, time, and GPS location corresponding to the construction site; and (ii) be of sufficient resolution and clarity to assess compliance with general best management practices. (c) An applicant may opt out of the electronic site inspection and instead elect an on-site inspection. (12) The authority may conduct an on-site inspection if the authority: (a) has a documented reason for justifying an on-site oversight inspection, which may include: (i) alterations of electronic photographs; (ii) failure to submit an electronic site inspection at the appropriate time; or (iii) the construction site is within one-half mile of a river, a stream, or a lake; (b) is inspecting a state transportation project; or (c) is inspecting a military project. (13) Only the authority that owns the municipal system that accepts runoff from the construction site may require post-construction maintenance agreements.
Utah Code § 19-6-415.5 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-415.5
§ 19-6-415.5. State owned or leased tanks to participate in program.
Status: in_force

Any underground storage tank or aboveground petroleum storage tank owned or leased by the state and subject to the financial assurance requirements established by division rule shall participate in the program.
Utah Code § 19-1-205 — Utah Code / Title 19 / Chapter 19-1 / § 19-1-205
§ 19-1-205. Assumption of responsibilities.
Status: in_force

The department assumes all the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities of the Division of Environmental Health, the Air Conservation Committee, the Solid and Hazardous Waste Committee, the Utah Safe Drinking Water Committee, and the Water Pollution Control Committee previously vested in the Department of Health and Human Services and its executive director: (1) including programs for individual wastewater disposal systems, liquid scavenger operations, and vault and earthen pit privies; but (2) excluding all other sanitation programs, which shall be administered by the Department of Health and Human Services.
Utah Code § 19-5-118 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-118
§ 19-5-118. Chapter deemed auxiliary and supplementary to other laws.
Status: in_force

This chapter does not repeal any laws relating to the pollution of waters or any conservation laws, but is auxiliary and supplementary to them except to the extent that the laws are in direct conflict with this chapter.
Utah Code § 19-6-1308 — Utah Code / Title 19 / Chapter 19-6 / § 19-6-1308
§ 19-6-1308. Annual report.
Status: in_force

(1) Beginning July 1, 2028, the division shall submit a report, before November 30 of each year, to the: (a) Public Utilities, Energy, and Technology Interim Committee; and (b) Natural Resources, Agriculture, and Environment Interim Committee. (2) The report described in Subsection (1) shall include: (a) the fees and fee amounts set by the board under this part; (b) the fee revenue generated under this part; (c) information on the amount of solar panel waste entering landfills in the state; (d) any program for solar panel waste disposal and recycling that the division has implemented or assisted in; and (e) any recommendation by the division for legislative action regarding solar panel waste disposal.
Utah Code § 19-2-116 — Utah Code / Title 19 / Chapter 19-2 / § 19-2-116
§ 19-2-116. Injunction or other remedies to prevent violations -- Civil actions not abridged.
Status: in_force

(1) Action under Section 19-2-115 does not bar enforcement of this chapter, or any of the rules adopted under it or any orders made under it by injunction or other appropriate remedy. The director has the power to institute and maintain in the name of the state any and all enforcement proceedings. (2) This chapter does not abridge, limit, impair, create, enlarge, or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding for this purpose. (3) (a) In addition to any other remedy created in this chapter, the director may initiate an action for appropriate injunctive relief: (i) upon failure of any person to comply with: (A) any provision of this chapter; (B) any rule adopted under this chapter; or (C) any final order made by the board, the director, or the executive director; and (ii) when it appears necessary for the protection of health and welfare. (b) The attorney general shall bring injunctive relief actions on request. (c) A bond is not required.
Utah Code § 19-3-318 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-318
§ 19-3-318. No limitation of liability regarding businesses involved in high level radioactive waste.
Status: in_force

(1) As used in this section: (a) "Controlling interest" means: (i) the direct or indirect possession of the power to direct or cause the direction of the management and policies of an organization, whether through the ownership of voting interests, by contract, or otherwise; or (ii) the direct or indirect possession of a 10% or greater equity interest in an organization. (b) "Equity interest holder" means a shareholder, member, partner, limited partner, trust beneficiary, or other person whose interest in an organization: (i) is in the nature of an ownership interest; (ii) entitles the person to participate in the profits and losses of the organization; or (iii) is otherwise of a type generally considered to be an equity interest. (c) "Organization" means a corporation, limited liability company, partnership, limited partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise or activity, whether or not for profit. (d) "Parent organization" means an organization with a controlling interest in another organization. (e) (i) "Subject activity" means: (A) to arrange for or engage in the transportation or transfer of high level nuclear waste or greater than class C radioactive waste to or from a storage facility in the state; or (B) to arrange for or engage in the operation or maintenance of a storage facility or a transfer facility for that waste. (ii) "Subject activity" does not include the transportation of high level nuclear waste or greater than class C radioactive waste by a class I railroad that was doing business in the state as a common or contract carrier by rail prior to January 1, 1999. (f) "Subsidiary organization" means an organization in which a parent organization has a controlling interest. (2) (a) The Legislature enacts this section because of the state's compelling interest in the transportation, transfer, and storage of high level nuclear waste and greater than class C radioactive waste in this state. Legislative findings and assertions supporting this section are further described in Section 19-3-302. (b) The state finds that: (i) liability for equity interest holders is a privilege, not a right, under the law and is meant to benefit the state and its citizens; (ii) an organization engaging in subject activities has significant potential to affect the health, welfare, or best interests of the state and should not have limited liability for its equity interest holders; and (iii) shielding equity interest holders from the debts and obligations of an organization engaged in subject activities would have the effect of attracting capital to enterprises whose goals are contrary to the state's interests. (c) This section revokes any and all statutory and common law grants of limited liability for an equity interest holder of an organization that chooses to engage in a subject activity in this state. (d) This section does not reduce or affect any liability limitation otherwise granted to an organization by Utah law if that organization is not engaged in a subject activity in this state. (3) Notwithstanding any law to the contrary, if a domestic or foreign organization engages in a subject activity in this state, no equity interest holder of that organization enjoys any shield or limitation of liability for the acts, omissions, debts, and obligations of the organization incurred in this state. Each equity interest holder of the organization is strictly and jointly and severally liable for all these obligations. (4) Notwithstanding any law to the contrary, each officer and director of an organization engaged in a subject activity in this state is individually liable for the acts, omissions, debts, and obligations of the organization incurred in this state. (5) (a) Notwithstanding any law to the contrary, if a subsidiary organization is engaged in a subject activity in this state, each parent organization of the subsidiary is also considered to be engaged in a subject activity in this state. Each parent organization's equity interest holders and officers and directors are subject to this section to the same degree as the subsidiary's equity interest holders and officers and directors. (b) Subsection (5)(a) applies regardless of the number of parent organizations through which the controlling interest passes in the relationship between the subsidiary and the ultimate parent organization that controls the subsidiary. (6) This section does not excuse or modify the requirements imposed upon an applicant for a license by Subsection 19-3-306(9).
Utah Code § 19-5-109 — Utah Code / Title 19 / Chapter 19-5 / § 19-5-109
§ 19-5-109. Grounds for revocation, modification, or suspension of discharge permit.
Status: in_force

(1) Any permit issued under this chapter may be revoked, modified, or suspended in whole or in part for cause including: (a) violation of any condition of the permit; (b) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or (c) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. (2) For purposes of Subsection (1)(c), "condition" does not include statutory or regulatory effluent limitations enacted or adopted during the permit term, other than for toxic pollutants.
Utah Code § 19-3-307 — Utah Code / Title 19 / Chapter 19-3 / § 19-3-307
§ 19-3-307. Siting criteria.
Status: in_force

(1) The department may not issue a construction and operating license to any waste transfer, storage, decay in storage, treatment, or disposal facility unless the facility location meets the siting criteria under Subsection (2). (2) The facility may not be located: (a) within or underlain by: (i) national, state, or county parks; monuments or recreation areas; designated wilderness or wilderness study areas; or wild and scenic river areas; (ii) ecologically or scientifically significant natural areas, including wildlife management areas and habitats for listed or proposed endangered species as designated by federal law; (iii) 100-year flood plains; (iv) areas 200 feet from Holocene faults; (v) underground mines, salt domes, or salt beds; (vi) dam failure flood areas; (vii) areas subject to landslide, mud flow, or other earth movement, unless adverse impacts can be mitigated; (viii) farmlands classified or evaluated as "prime," "unique," or of "statewide importance" by the U.S. Department of Agricultural Soil Conservation Service under the Prime Farmland Protection Act; (ix) areas within five miles of existing permanent dwellings, residential areas, or other habitable structures, including schools, churches, or historic structures; (x) areas within five miles of surface waters, including intermittent streams, perennial streams, rivers, lakes, reservoirs, and wetlands; (xi) areas within 1,000 feet of archeological sites regarding which adverse impacts cannot reasonably be mitigated; (xii) recharge zones of aquifers containing groundwater which has a total dissolved solids content of less than 10,000 mg/l; or (xiii) drinking water source protection areas; (b) in areas: (i) above or underlain by aquifers that: (A) contain groundwater which has a total dissolved solids content of less than 500 mg/l; and (B) do not exceed state groundwater standards for pollutants; (ii) above or underlain by aquifers containing groundwater which has a total dissolved solids content between 3,000 and 10,000 mg/l, when the distance from the surface to the groundwater is less than 100 feet; (iii) of extensive withdrawal of water, gas, or oil; (iv) above or underlain by weak and unstable soils, including soils that lose their ability to support foundations as a result of hydrocompaction, expansion, or shrinkage; (v) above or underlain by karst terrains; or (vi) where air space use and ground transportation routes present incompatible risks and uses; or (c) within a distance to existing drinking water wells and watersheds for public water supplies of five years groundwater travel time plus 1,000 feet. (3) An applicant for a license may request from the department an exemption from any of the siting criteria stated in this section upon demonstration that the modification would be protective of and have no adverse impacts on the public health and the environment.